HB 7255

1	A bill to be entitled
2	An act relating to information and technology management;
3	amending s. 11.90, F.S.; revising duties of the
4	Legislative Budget Commission to remove review of agency
5	plans for consistency with the State Annual Report on
6	Enterprise Resource Planning and Management and policies
7	adopted by the State Technology Office; amending s. 20.22,
8	F.S.; establishing the Technology Program in the
9	Department of Management Services; removing the State
10	Technology Office and its duty to operate and manage the
11	Technology Resource Center; creating s. 68.066, F.S.;
12	providing requirements for actions based upon use of a
13	creation that is not protected under federal copyright
14	law; repealing s. 186.022, F.S., relating to information
15	technology strategic plans; amending s. 216.0446, F.S.;
16	revising duties of the legislative Technology Review
17	Workgroup to remove participation of the State Technology
18	Office; conforming reference to a report; amending s.
19	282.0041, F.S.; revising definitions for purposes of
20	provisions for information resources management; deleting
21	the Agency Annual Enterprise Resource Planning and
22	Management Report; deleting the State Annual Report on
23	Enterprise Resource Planning and Management; providing for
24	appointment of an agency chief information officer by the
25	agency head; amending s. 282.005, F.S.; revising
26	legislative findings and intent; revising state agency
27	responsibilities with respect to information technology
28	infrastructure; providing the agency heads with primary
29	responsibility for information technology management;
30	removing functions of the State Technology Office from
31	certain information technology provisions; providing the
32	department shall take no action affecting the supervision,
33	control, management, or coordination by any Cabinet
34	officer of information technology and information
35	technology personnel; repealing s. 282.101, F.S., relating
36	to construction of the terms "information technology" and
37	"information technology system"; amending s. 282.102,
38	F.S.; removing provisions for the creation, powers, and
39	duties of the State Technology Office; removing provisions
40	for a Chief Information Officer and a State Chief Privacy
41	Officer; removing provisions relating to information
42	technology and enterprise resource management; providing
43	powers, duties, and functions of the Department of
44	Management Services for operating the statewide
45	communications system; transferring powers and duties
46	relating to communications systems from the State
47	Technology Office to the Department of Management
48	Services; authorizing the department to adopt rules;
49	authorizing the department to set a fee for placement of
50	certain telecommunications facilities on state property;
51	amending ss. 282.103, 282.104, 282.105, 282.106, 282.107,
52	282.1095, and 282.111, F.S., relating to the SUNCOM
53	Network, the state agency law enforcement radio system and
54	interoperability network, and the statewide system of
55	regional law enforcement communications to conform
56	references to changes made by the act; amending s. 282.20,
57	F.S.; providing for operation and management of the
58	Technology Resource Center by the Department of Management
59	Services; requiring certain reserve account fund
60	expenditures to be approved by the secretary of the
61	department; amending s. 282.21, F.S.; authorizing the
62	department to collect fees for providing remote electronic
63	access; removing provisions for collection of such fees by
64	the State Technology Office; amending s. 282.22, F.S.;
65	providing for dissemination of materials, products,
66	information, and services acquired or developed by or
67	under the direction of the department; removing reference
68	to the State Technology Office with respect to such
69	materials, products, information, and services; repealing
70	s. 282.23, F.S., relating to establishment of a State
71	Strategic Information Technology Alliance for the
72	acquisition and use of information technology and related
73	material; amending s. 282.3031, F.S.; deleting assignment
74	of certain information technology functions to the State
75	Technology Office; correcting references; conforming
76	terminology; amending s. 282.3032, F.S.; revising
77	principles for guiding management of information
78	technology resources; creating s. 282.3033, F.S.; creating
79	the position of State Chief Information Officer in the
80	Department of Management Services; providing duties of the
81	State Chief Information Officer; providing that the State
82	Chief Information Officer is a member of the Agency Chief
83	Information Officers Council; amending s. 282.3055, F.S.;
84	providing for appointment of the agency chief information
85	officer by the agency head; revising duties of the agency
86	chief information officer; conforming terminology;
87	repealing s. 282.3063, F.S., relating to the Agency Annual
88	Enterprise Resource Planning and Management Report;
89	repealing s. 282.310, F.S., relating to the State Annual
90	Report on Enterprise Resource Planning and Management;
91	amending s. 282.315, F.S.; revising duties of the Agency
92	Chief Information Officers Council; providing for the
93	appointment and terms of officers; providing for
94	administrative support by the department; amending s.
95	282.318, F.S.; changing the citation of the section;
96	removing responsibility of the State Technology Office;
97	requiring the Department of Management Services to set
98	minimum standard operating procedures for the security of
99	data and information technology resources; directing the
100	department to require each agency to conduct certain
101	procedures to ensure the security of data, information,
102	and information technology resources; requiring that the
103	results of certain internal audits and evaluations be
104	available to the Office of Information Security; requiring
105	the department to establish the Office of Information
106	Security and to designate a Chief Information Security
107	Officer; providing that the office is responsible for
108	certain procedures and standards; authorizing the
109	department to adopt rules; amending s. 282.322, F.S.;
110	removing a requirement that the Enterprise Project
111	Management Office monitor and report on certain
112	information technology projects; repealing ss. 282.5001,
113	282.5002, 282.5003, 282.5004, 282.5005, 282.5006,
114	282.5007, and 282.5008, F.S., relating to the Commerce
115	Protection Act, definitions, remedies and damages for
116	failure to be year 2000 compliant, immunity from
117	liability, antitrust exemption, alternative dispute
118	resolution procedures, and construction of provisions;
119	amending ss. 365.171 and 365.172, F.S., relating to
120	statewide emergency telephone number systems; designating
121	duties of the State Technology Office as duties of the
122	Department of Management Services; redesignating duties to
123	the secretary of the department; conforming requirements
124	with respect thereto; amending s. 445.049, F.S., relating
125	to the Digital Divide Council; designating duties of the
126	State Technology Office as duties of the Department of
127	Management Services; redesignating duties to the secretary
128	of the department; requesting interim assistance of the
129	Division of Statutory Revision to prepare conforming
130	legislation for the 2007 legislative session; authorizing
131	positions and providing an appropriation; providing an
132	effective date.
133
134	Be It Enacted by the Legislature of the State of Florida:
135
136	Section 1.  Subsection (7) of section 11.90, Florida
137	Statutes, is amended to read:
138	11.90  Legislative Budget Commission.--
139	(7)  The commission shall review information resources
140	management needs identified in agency long-range program plans
141	for consistency with the State Annual Report on Enterprise
142	Resource Planning and Management and statewide policies adopted
143	by the State Technology Office. The commission shall also review
144	proposed budget amendments associated with information
145	technology that involve more than one agency, that have an
146	outcome that impacts another agency, or that exceed $500,000 in
147	total cost over a 1-year period.
148	Section 2.  Section 20.22, Florida Statutes, is amended to
149	read:
150	20.22  Department of Management Services.--There is created
151	a Department of Management Services.
152	(1)  The head of the Department of Management Services is
153	the Secretary of Management Services, who shall be appointed by
154	the Governor, subject to confirmation by the Senate, and shall
155	serve at the pleasure of the Governor.
156	(2)  The following divisions and programs within the
157	Department of Management Services are established:
158	(a)  Facilities Program.
159	(b)  State Technology Program Office.
160	(c)  Workforce Program.
161	(d)1.  Support Program.
162	2.  Federal Property Assistance Program.
163	(e)  Administration Program.
164	(f)  Division of Administrative Hearings.
165	(g)  Division of Retirement.
166	(h)  Division of State Group Insurance.
167	(3)  The State Technology Office shall operate and manage
168	the Technology Resource Center.
169	(3)(4)  The duties of the Chief Labor Negotiator shall be
170	determined by the Secretary of Management Services, and must
171	include, but need not be limited to, the representation of the
172	Governor as the public employer in collective bargaining
173	negotiations pursuant to the provisions of chapter 447.
174	Section 3.  Section 68.066, Florida Statutes, is created to
175	read:
176	68.066  Actions based upon use of a creation that is not
177	protected under federal copyright law.--
178	(1)  Except as provided in subsection (2), no use of an
179	idea, procedure, process, system, method of operation, concept,
180	principle, discovery, thought, or other creation that is not a
181	work of authorship protected under federal copyright law may
182	give rise to a claim or cause of action, in law or in equity,
183	unless the parties to the claim or cause of action have executed
184	a writing sufficient to indicate that a contract has been made
185	between them governing such use.
186	(2)  Nothing in subsection (1) shall affect or limit:
187	(a)  Any cause of action based in copyright, trademark,
188	patent, or trade secret; or
189	(b)  Any defense raised in connection with a cause of
190	action described in paragraph (a).
191	Section 4.  Section 186.022, Florida Statutes, is repealed.
192	Section 5.  Section 216.0446, Florida Statutes, is amended
193	to read:
194	216.0446  Review of information technology resources
195	management needs.--
196	(1)  There is created within the Legislature the Technology
197	Review Workgroup. The workgroup and the State Technology Office
198	shall independently review and make recommendations with respect
199	to the portion of agencies' long-range program plans which
200	pertains to information technology resources management needs
201	and with respect to agencies' legislative budget requests for
202	information technology and related resources. The Technology
203	Review Workgroup shall report such recommendations, together
204	with the findings and conclusions on which such recommendations
205	are based, to the Legislative Budget Commission. The State
206	Technology Office shall report such recommendations, together
207	with the findings and conclusions on which such recommendations
208	are based, to the Executive Office of the Governor and to the
209	chairs of the legislative appropriations committees.
210	(2)  In addition to its primary duty specified in
211	subsection (1), the Technology Review Workgroup shall have
212	powers and duties that include, but are not limited to, the
213	following:
214	(a)  To evaluate the information technology resource
215	management needs identified in the agency long-range program
216	plans for consistency with the Statewide Information Technology
217	Strategic Plan State Annual Report on Enterprise Resource
218	Planning and Management and statewide policies recommended by
219	the State Technology Office, and make recommendations to the
220	Legislative Budget Commission.
221	(b)  To review and make recommendations to the Legislative
222	Budget Commission on proposed budget amendments and agency
223	transfers associated with information technology initiatives or
224	projects that involve more than one agency, that have an outcome
225	that impacts another agency, that exceed $500,000 in total cost
226	over a 1-year period, or that are requested by the Legislative
227	Budget Commission to be reviewed.
228	Section 6.  Section 282.0041, Florida Statutes, is amended
229	to read:
230	282.0041  Definitions.--For the purposes of this part, the
231	term:
232	(1)  "Agency" means those entities described in s.
233	216.011(1)(qq).
234	(2)  "Agency Annual Enterprise Resource Planning and
235	Management Report" means the report prepared by each agency
236	chief information officer as required by s. 282.3063.
237	(2)(3)  "Agency chief information officer" means the person
238	appointed by the agency head State Technology Office to
239	coordinate and manage the information technology policies and
240	activities applicable to that agency.
241	(3)(4)  "Agency Chief Information Officers Council" means
242	the council created in s. 282.315 to facilitate the sharing and
243	coordination of information technology issues and initiatives
244	among the agencies.
245	(4)  "Department" means the Department of Management
246	Services.
247	(5)(7)  "Information technology" means equipment, hardware,
248	software, firmware, programs, systems, networks, infrastructure,
249	media, and related material used to automatically,
250	electronically, and wirelessly collect, receive, access,
251	transmit, display, store, record, retrieve, analyze, evaluate,
252	process, classify, manipulate, manage, assimilate, control,
253	communicate, exchange, convert, converge, interface, switch, or
254	disseminate information of any kind or form.
255	(6)(5)  "Information technology Enterprise resources
256	management infrastructure" means the hardware, software,
257	networks, data, human resources, policies, standards,
258	facilities, maintenance, and related materials and services that
259	are required to support the business processes of an agency or
260	state enterprise.
261	(7)(6)  "Information technology Enterprise resource
262	planning and management" means the planning, budgeting,
263	acquiring, developing, organizing, directing, training, control,
264	and related services associated with government information
265	technology. The term encompasses information and related
266	resources, as well as the controls associated with their
267	acquisition, development, dissemination, and use.
268	(8)  "Project" means an undertaking directed at the
269	implementation accomplishment of information technology to
270	achieve a strategic objective relating to enterprise resources
271	management or a specific appropriated program.
272	(9)  "State Annual Report on Enterprise Resource Planning
273	and Management" means the report prepared by the State
274	Technology Office as defined in s. 282.102.
275	(9)(10)  "Standards" means the generally accepted
276	definitions for information technology that promote the use of
277	current and, open, nonproprietary, or non-vendor-specific
278	technologies.
279	(11)  "State Technology Office" or "office" means the
280	office created in s. 282.102.
281	(12)  "Total cost" means all costs associated with
282	information technology projects or initiatives, including, but
283	not limited to, value of hardware, software, service,
284	maintenance, incremental personnel, and facilities. Total cost
285	of a loan or gift of information technology resources to an
286	agency includes the fair market value of the resources, except
287	that the total cost of loans or gifts of information technology
288	to state universities to be used in instruction or research does
289	not include fair market value.
290	Section 7.  Section 282.005, Florida Statutes, is amended
291	to read:
292	282.005  Legislative findings and intent.--The Legislature
293	finds that:
294	(1)  Information technology is a strategic asset of the
295	state, and, as such, it should be managed as a valuable state
296	resource.
297	(2)  The state's state makes significant investments in
298	information technology must be governed responsibly, consistent
299	with fiscal and substantive policies, and aligned with business
300	needs in order to manage information and to provide services to
301	its citizens.
302	(3)  An office must be created to provide support and
303	guidance to enhance the state's use and management of
304	information technology and to design, procure, and deploy, on
305	behalf of the state, information technology.
306	(4)  The cost-effective deployment of information
307	technology by state agencies can best be managed by a Chief
308	Information Officer.
309	(3)(5)  The agency head State Technology Office has primary
310	responsibility and accountability for the planning, budgeting,
311	acquisition, development, implementation, use, and management of
312	information technology within the agency state. The State
313	Technology Office shall use the state's information technology
314	in the best interest of the state as a whole and shall
315	contribute to and make use of shared data and related resources
316	whenever appropriate. Each agency head has primary
317	responsibility and accountability for setting agency priorities,
318	identifying business needs, and determining agency services and
319	programs to be developed as provided by law. The State
320	Technology Office, through service level agreements with each
321	agency, shall provide the information technology needed for the
322	agency to accomplish its mission.
323	(6)  The expanding need for, use of, and dependence on
324	information technology requires focused management attention and
325	managerial accountability by state agencies and the state as a
326	whole.
327	(7)  The state, through the State Technology Office, shall
328	provide, by whatever means is most cost-effective and efficient,
329	the information technology, enterprise resource planning and
330	management, and enterprise resource management infrastructure
331	needed to collect, store, and process the state's data and
332	information, provide connectivity, and facilitate the exchange
333	of data and information among both public and private parties.
334	(4)(8)  A necessary part of the state's information
335	technology infrastructure is a statewide communications network,
336	a standard architecture, a statewide email system, a statewide
337	internet portal presence, statewide security protocols, and
338	integrated systems when found to be cost-effective and efficient
339	system for all types of signals, including, but not limited to,
340	voice, data, video, radio, telephone, wireless, and image.
341	(5)(9)  To ensure the best management of the state's
342	information technology and notwithstanding other provisions of
343	law to the contrary, the functions of information technology are
344	assigned to the university boards of trustees for the
345	development and implementation of planning, management,
346	rulemaking, standards, and guidelines for the state
347	universities; to the community college boards of trustees for
348	establishing and developing rules for the community colleges; to
349	the Supreme Court, for the judicial branch; to each state
350	attorney and public defender; and to the State Technology Office
351	for the executive branch of state government.
352	(6)(10)  The department State Technology Office shall take
353	no action affecting the supervision, control, management, or
354	coordination of information technology and information
355	technology personnel that any Cabinet officer listed in s. 4,
356	Art. IV of the State Constitution deems necessary for the
357	exercise of his or her statutory or constitutional duties.
358	Section 8.  Section 282.101, Florida Statutes, is repealed.
359	Section 9.  Section 282.102, Florida Statutes, is amended
360	to read:
361	282.102  Creation of the State Technology Office; Powers
362	and duties of the department.--There is created a State
363	Technology Office within The powers and duties of the department
364	include Department of Management Services. The office shall be a
365	separate budget entity, and shall be headed by a Chief
366	Information Officer who is appointed by the Governor and is in
367	the Senior Management Service. The Chief Information Officer
368	shall be an agency head for all purposes. The Department of
369	Management Services shall provide administrative support and
370	service to the office to the extent requested by the Chief
371	Information Officer. The office may adopt policies and
372	procedures regarding personnel, procurement, and transactions
373	for State Technology Office personnel. The office shall have the
374	following powers, duties, and functions:
375	(1)  To publish electronically the portfolio of services
376	available from the department office, including pricing
377	information; the policies and procedures of the department
378	office governing usage of available services; and a forecast of
379	the priorities and initiatives for the state communications
380	system for the ensuing 2 years.
381	(2)  To adopt rules implementing policies and procedures
382	providing best practices to be followed by agencies in
383	acquiring, using, upgrading, modifying, replacing, or disposing
384	of information technology.
385	(3)  To perform, in consultation with an agency, the
386	enterprise resource planning and management for the agency.
387	(2)(4)  To advise and render aid to state agencies and
388	political subdivisions of the state as to systems or methods to
389	be used for organizing and meeting communications information
390	technology requirements efficiently and effectively.
391	(5)  To integrate the information technology systems and
392	services of state agencies.
393	(3)(6)  To adopt technical standards for the state
394	communications information technology system which will assure
395	the interconnection of computer networks and information systems
396	of agencies.
397	(4)(7)  To assume management responsibility for any
398	consolidated communications system integrated information
399	technology system or service when determined jointly by the
400	department and the agency office to be economically efficient or
401	performance-effective.
402	(5)(8)  To enter into agreements related to information
403	technology with state agencies and political subdivisions of the
404	state for services provided herein.
405	(6)(9)  To use and acquire, with agency concurrence,
406	communications facilities information technology now owned or
407	operated by any agency.
408	(7)(10)  To purchase from or contract with information
409	technology providers for communications facilities and services
410	information technology, including private line services.
411	(8)(11)  To apply for, receive, and hold, and to assist
412	agencies in applying for, receiving, or holding, such
413	authorizations, patents, copyrights, trademarks, service marks,
414	licenses, and allocations or channels and frequencies to carry
415	out the purposes of this part.
416	(9)(12)  To purchase, lease, or otherwise acquire and to
417	hold, sell, transfer, license, or otherwise dispose of real,
418	personal, and intellectual property, including, but not limited
419	to, patents, trademarks, copyrights, and service marks.
420	(10)(13)  To cooperate with any federal, state, or local
421	emergency management agency in providing for emergency
422	communications services.
423	(11)(14)  To delegate, as necessary, to state agencies the
424	authority to purchase, lease, or otherwise acquire and to use
425	communications equipment, facilities, and services information
426	technology or, as necessary, to control and approve the
427	purchase, lease, or acquisition and the use of all
428	communications equipment, services, and facilities information
429	technology, including, but not limited to, communications
430	services provided as part of any other total system to be used
431	by the state or any of its agencies.
432	(12)(15)  To acquire ownership, possession, custody, and
433	control of existing communications equipment and facilities,
434	including all right, title, interest, and equity therein, as
435	necessary, to carry out the purposes of this part. However, the
436	provisions of this subsection shall in no way affect the rights,
437	title, interest, or equity in any such equipment or facilities
438	owned by, or leased to, the state or any state agency by any
439	telecommunications company.
440	(13)(16)  To adopt rules pursuant to ss. 120.536(1) and
441	120.54 relating to information technology and to administer the
442	provisions of this part.
443	(14)(17)  To provide a means whereby political subdivisions
444	of the state may use state information technology systems upon
445	such terms and under such conditions as the department office
446	may establish.
447	(15)(18)  To apply for and accept federal funds for any of
448	the purposes of this part as well as gifts and donations from
449	individuals, foundations, and private organizations.
450	(16)(19)  To monitor issues relating to communications
451	facilities and services before the Florida Public Service
452	Commission and, when necessary, prepare position papers, prepare
453	testimony, appear as a witness, and retain witnesses on behalf
454	of state agencies in proceedings before the commission.
455	(17)(20)  Unless delegated to the agencies by the Chief
456	Information Officer, to manage and control, but not intercept or
457	interpret, communications within the SUNCOM Network by:
458	(a)  Establishing technical standards to physically
459	interface with the SUNCOM Network.
460	(b)  Specifying how communications are transmitted within
461	the SUNCOM Network.
462	(c)  Controlling the routing of communications within the
463	SUNCOM Network.
464	(d)  Establishing standards, policies, and procedures for
465	access to the SUNCOM Network.
466	(e)  Ensuring orderly and reliable communications services
467	in accordance with the service level agreements executed with
468	state agencies.
469	(18)(21)  To plan, design, and conduct experiments for
470	information technology services, equipment, and technologies,
471	and to implement enhancements in the state information
472	technology system when in the public interest and cost-
473	effective. Funding for such experiments shall be derived from
474	SUNCOM Network service revenues and shall not exceed 2 percent
475	of the annual budget for the SUNCOM Network for any fiscal year
476	or as provided in the General Appropriations Act. New services
477	offered as a result of this subsection shall not affect existing
478	rates for facilities or services.
479	(19)(22)  To enter into contracts or agreements, with or
480	without competitive bidding or procurement, to make available,
481	on a fair, reasonable, and nondiscriminatory basis, property and
482	other structures under department office control for the
483	placement of new facilities by any wireless provider of mobile
484	service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
485	telecommunications company as defined in s. 364.02 when it is
486	determined to be practical and feasible to make such property or
487	other structures available. The department office may, without
488	adopting a rule, charge a just, reasonable, and
489	nondiscriminatory fee for the placement of the facilities,
490	payable annually, based on the fair market value of space used
491	by comparable communications facilities in the state. The
492	department office and a wireless provider or telecommunications
493	company may negotiate the reduction or elimination of a fee in
494	consideration of services provided to the department office by
495	the wireless provider or telecommunications company. All such
496	fees collected by the department office shall be deposited
497	directly into the Law Enforcement Radio Operating Trust Fund,
498	and may be used by the department office to construct, maintain,
499	or support the system.
500	(20)(23)  To provide an integrated electronic system for
501	deploying government products, services, and information to
502	individuals and businesses that reflects cost-effective
503	deployment strategies in keeping with industry standards and
504	practices and includes protections and security of private
505	information as well as maintenance of public records.
506	(a)  The integrated electronic system shall reflect cost-
507	effective deployment strategies in keeping with industry
508	standards and practices, including protections and security of
509	private information as well as maintenance of public records.
510	(b)  The office shall provide a method for assessing fiscal
511	accountability for the integrated electronic system and shall
512	establish the organizational structure required to implement
513	this system.
514	(24)  To provide administrative support to the Agency Chief
515	Information Officers Council and other workgroups created by the
516	Chief Information Officer.
517	(25)  To facilitate state information technology education
518	and training for senior management and other agency staff.
519	(26)  To prepare, on behalf of the Executive Office of the
520	Governor, memoranda on recommended guidelines and best practices
521	for information resources management, when requested.
522	(27)  To prepare, publish, and disseminate the State Annual
523	Report on Enterprise Resource Planning and Management under s.
524	282.310.
525	(28)  To study and make a recommendation to the Governor
526	and Legislature on the feasibility of implementing online voting
527	in this state.
528	(29)  To facilitate the development of a network access
529	point in this state, as needed.
530	(30)  To designate a State Chief Privacy Officer who shall
531	be responsible for the continual review of policies, laws,
532	rules, and practices of state agencies which may affect the
533	privacy concerns of state residents.
534	Section 10.  Section 282.103, Florida Statutes, is amended
535	to read:
536	282.103  SUNCOM Network; exemptions from the required
537	use.--
538	(1)  There is created within the department State
539	Technology Office the SUNCOM Network which shall be developed to
540	serve as the state communications system for providing local and
541	long-distance communications services to state agencies,
542	political subdivisions of the state, municipalities, state
543	universities, and nonprofit corporations pursuant to ss.
544	282.102-282.111 282.101-282.111. The SUNCOM Network shall be
545	developed to transmit all types of communications signals,
546	including, but not limited to, voice, data, video, image, and
547	radio. State agencies shall cooperate and assist in the
548	development and joint use of communications systems and
549	services.
550	(2)  The department State Technology Office shall design,
551	engineer, implement, manage, and operate through state
552	ownership, commercial leasing, or some combination thereof, the
553	facilities and equipment providing SUNCOM Network services, and
554	shall develop a system of equitable billings and charges for
555	communication services.
556	(3)  All state agencies and state universities are required
557	to use the SUNCOM Network for agency and state university
558	communications services as the services become available;
559	however, no agency or university is relieved of responsibility
560	for maintaining communications services necessary for effective
561	management of its programs and functions. If a SUNCOM Network
562	service does not meet the communications requirements of an
563	agency or university, the agency or university shall notify the
564	department State Technology Office in writing and detail the
565	requirements for that communications service. If the department
566	office is unable to meet an agency's or university's
567	requirements by enhancing SUNCOM Network service, the department
568	office may grant the agency or university an exemption from the
569	required use of specified SUNCOM Network services.
570	Section 11.  Section 282.104, Florida Statutes, is amended
571	to read:
572	282.104  Use of state SUNCOM Network by
573	municipalities.--Any municipality may request the department
574	State Technology Office to provide any or all of the SUNCOM
575	Network's portfolio of communications services upon such terms
576	and under such conditions as the department office may
577	establish. The requesting municipality shall pay its share of
578	installation and recurring costs according to the published
579	rates for SUNCOM Network services and as invoiced by the
580	department office. Such municipality shall also pay for any
581	requested modifications to existing SUNCOM Network services, if
582	any charges apply.
583	Section 12.  Subsections (1), (2), (3), and (4) of section
584	282.105, Florida Statutes, are amended to read:
585	282.105  Use of state SUNCOM Network by nonprofit
586	corporations.--
587	(1)  The department State Technology Office shall provide a
588	means whereby private nonprofit corporations under contract with
589	state agencies or political subdivisions of the state may use
590	the state SUNCOM Network, subject to the limitations in this
591	section. In order to qualify to use the state SUNCOM Network, a
592	nonprofit corporation shall:
593	(a)  Expend the majority of its total direct revenues for
594	the provision of contractual services to the state, a
595	municipality, or a political subdivision of the state; and
596	(b)  Receive only a small portion of its total revenues
597	from any source other than a state agency, a municipality, or a
598	political subdivision of the state during the period of time
599	SUNCOM Network services are requested.
600	(2)  Each nonprofit corporation seeking authorization to
601	use the state SUNCOM Network pursuant to this section shall
602	provide to the department office, upon request, proof of
603	compliance with subsection (1).
604	(3)  Nonprofit corporations established pursuant to general
605	law and an association of municipal governments which is wholly
606	owned by the municipalities shall be eligible to use the state
607	SUNCOM Network, subject to the terms and conditions of the
608	department office.
609	(4)  Institutions qualified to participate in the William
610	L. Boyd, IV, Florida Resident Access Grant Program pursuant to
611	s. 1009.89 shall be eligible to use the state SUNCOM Network,
612	subject to the terms and conditions of the department office.
613	Such entities shall not be required to satisfy the other
614	criteria of this section.
615	Section 13.  Section 282.106, Florida Statutes, is amended
616	to read:
617	282.106  Use of SUNCOM Network by libraries.--The
618	department State Technology Office may provide SUNCOM Network
619	services to any library in the state, including libraries in
620	public schools, community colleges, state universities, and
621	nonprofit private postsecondary educational institutions, and
622	libraries owned and operated by municipalities and political
623	subdivisions.
624	Section 14.  Subsections (1) and (2) of section 282.107,
625	Florida Statutes, are amended to read:
626	282.107  SUNCOM Network; criteria for usage.--
627	(1)  The department State Technology Office shall
628	periodically review the qualifications of subscribers using the
629	state SUNCOM Network and shall terminate services provided to
630	any facility not qualified pursuant to ss. 282.102-282.111
631	282.101-282.111 or rules adopted hereunder. In the event of
632	nonpayment of invoices by subscribers whose SUNCOM Network
633	invoices are paid from sources other than legislative
634	appropriations, such nonpayment represents good and sufficient
635	reason to terminate service.
636	(2)  The department State Technology Office shall adopt
637	rules setting forth its procedures for withdrawing and restoring
638	authorization to use the state SUNCOM Network. Such rules shall
639	provide a minimum of 30 days' notice to affected parties prior
640	to termination of voice communications service.
641	Section 15.  Subsection (1), paragraphs (f), (g), and (h)
642	of subsection (2), and subsections (3), (4), (5), and (6) of
643	section 282.1095, Florida Statutes, are amended to read:
644	282.1095  State agency law enforcement radio system and
645	interoperability network.--
646	(1)  The department State Technology Office may acquire and
647	implement a statewide radio communications system to serve law
648	enforcement units of state agencies, and to serve local law
649	enforcement agencies through mutual aid channels. The Joint Task
650	Force on State Agency Law Enforcement Communications is
651	established in the department State Technology Office to advise
652	the department office of member-agency needs for the planning,
653	designing, and establishment of the joint system. The State
654	Agency Law Enforcement Radio System Trust Fund is established in
655	the department State Technology Office. The trust fund shall be
656	funded from surcharges collected under ss. 320.0802 and 328.72.
657	(2)
658	(f)  The department State Technology Office is hereby
659	authorized to rent or lease space on any tower under its
660	control. The department office may also rent, lease, or sublease
661	ground space as necessary to locate equipment to support
662	antennae on the towers. The costs for use of such space shall be
663	established by the department office for each site, when it is
664	determined to be practicable and feasible to make space
665	available. The department office may refuse to lease space on
666	any tower at any site. All moneys collected by the department
667	office for such rents, leases, and subleases shall be deposited
668	directly into the Law Enforcement Radio Operating Trust Fund and
669	may be used by the department office to construct, maintain, or
670	support the system.
671	(g)  The department State Technology Office is hereby
672	authorized to rent, lease, or sublease ground space on lands
673	acquired by the department office for the construction of
674	privately owned or publicly owned towers. The department office
675	may, as a part of such rental, lease, or sublease agreement,
676	require space on said tower or towers for antennae as may be
677	necessary for the construction and operation of the state agency
678	law enforcement radio system or any other state need. The
679	positions necessary for the department office to accomplish its
680	duties under this paragraph and paragraph (f) shall be
681	established in the General Appropriations Act and shall be
682	funded by the Law Enforcement Radio Operating Trust Fund or
683	other revenue sources.
684	(h)  The department State Technology Office may make the
685	mutual aid channels in the statewide radio communications system
686	available to federal agencies, state agencies, and agencies of
687	the political subdivisions of the state for the purpose of
688	public safety and domestic security. The department office shall
689	exercise its powers and duties, as specified in this chapter, to
690	plan, manage, and administer the mutual aid channels. The
691	department office shall, in implementing such powers and duties,
692	act in consultation and conjunction with the Department of Law
693	Enforcement and the Division of Emergency Management of the
694	Department of Community Affairs, and shall manage and administer
695	the mutual aid channels in a manner that reasonably addresses
696	the needs and concerns of the involved law enforcement agencies
697	and emergency response agencies and entities.
698	(3)  Upon appropriation, moneys in the trust fund may be
699	used by the department office to acquire by competitive
700	procurement the equipment; software; and engineering,
701	administrative, and maintenance services it needs to construct,
702	operate, and maintain the statewide radio system. Moneys in the
703	trust fund collected as a result of the surcharges set forth in
704	ss. 320.0802 and 328.72 shall be used to help fund the costs of
705	the system. Upon completion of the system, moneys in the trust
706	fund may also be used by the department office to provide for
707	payment of the recurring maintenance costs of the system.
708	(4)(a)  The department office shall, in conjunction with
709	the Department of Law Enforcement and the Division of Emergency
710	Management of the Department of Community Affairs, establish
711	policies, procedures, and standards which shall be incorporated
712	into a comprehensive management plan for the use and operation
713	of the statewide radio communications system.
714	(b)  The joint task force, in consultation with the
715	department office, shall have the authority to permit other
716	state agencies to use the communications system, under terms and
717	conditions established by the joint task force.
718	(5)  The department office shall provide technical support
719	to the joint task force and shall bear the overall
720	responsibility for the design, engineering, acquisition, and
721	implementation of the statewide radio communications system and
722	for ensuring the proper operation and maintenance of all system
723	common equipment.
724	(6)(a)  The department State Technology Office may create
725	and implement an interoperability network to enable
726	interoperability between various radio communications
727	technologies and to serve federal agencies, state agencies, and
728	agencies of political subdivisions of the state for the purpose
729	of public safety and domestic security. The department office
730	shall, in conjunction with the Department of Law Enforcement and
731	the Division of Emergency Management of the Department of
732	Community Affairs, exercise its powers and duties pursuant to
733	this chapter to plan, manage, and administer the
734	interoperability network. The department office may:
735	1.  Enter into mutual aid agreements among federal
736	agencies, state agencies, and political subdivisions of the
737	state for the use of the interoperability network.
738	2.  Establish the cost of maintenance and operation of the
739	interoperability network and charge subscribing federal and
740	local law enforcement agencies for access and use of the
741	network. The department State Technology Office may not charge
742	state law enforcement agencies identified in paragraph (2)(a) to
743	use the network.
744	3.  In consultation with the Department of Law Enforcement
745	and the Division of Emergency Management of the Department of
746	Community Affairs, amend and enhance the statewide radio
747	communications system as necessary to implement the
748	interoperability network.
749	(b)  The department State Technology Office, in
750	consultation with the Joint Task Force on State Agency Law
751	Enforcement Communications, and in conjunction with the
752	Department of Law Enforcement and the Division of Emergency
753	Management of the Department of Community Affairs, shall
754	establish policies, procedures, and standards to incorporate
755	into a comprehensive management plan for the use and operation
756	of the interoperability network.
757	Section 16.  Section 282.111, Florida Statutes, is amended
758	to read:
759	282.111  Statewide system of regional law enforcement
760	communications.--
761	(1)  It is the intent and purpose of the Legislature that a
762	statewide system of regional law enforcement communications be
763	developed whereby maximum efficiency in the use of existing
764	radio channels is achieved in order to deal more effectively
765	with the apprehension of criminals and the prevention of crime
766	generally. To this end, all law enforcement agencies within the
767	state are directed to provide the department State Technology
768	Office with any information the department office requests for
769	the purpose of implementing the provisions of subsection (2).
770	(2)  The department State Technology Office is hereby
771	authorized and directed to develop and maintain a statewide
772	system of regional law enforcement communications. In
773	formulating such a system, the department office shall divide
774	the state into appropriate regions and shall develop a program
775	which shall include, but not be limited to, the following
776	provisions:
777	(a)  The communications requirements for each county and
778	municipality comprising the region.
779	(b)  An interagency communications provision which shall
780	depict the communication interfaces between municipal, county,
781	and state law enforcement entities which operate within the
782	region.
783	(c)  Frequency allocation and use provision which shall
784	include, on an entity basis, each assigned and planned radio
785	channel and the type of operation, simplex, duplex, or half-
786	duplex, on each channel.
787	(3)  The department office shall adopt any necessary rules
788	and regulations for implementing and coordinating the statewide
789	system of regional law enforcement communications.
790	(4)  The secretary of the department Chief Information
791	Officer of the State Technology Office or his or her designee is
792	designated as the director of the statewide system of regional
793	law enforcement communications and, for the purpose of carrying
794	out the provisions of this section, is authorized to coordinate
795	the activities of the system with other interested state
796	agencies and local law enforcement agencies.
797	(5)  No law enforcement communications system shall be
798	established or present system expanded without the prior
799	approval of the department State Technology Office.
800	(6)  Within the limits of its capability, the Department of
801	Law Enforcement is encouraged to lend assistance to the
802	department State Technology Office in the development of the
803	statewide system of regional law enforcement communications
804	proposed by this section.
805	Section 17.  Section 282.20, Florida Statutes, is amended
806	to read:
807	282.20  Technology Resource Center.--
808	(1)(a)  The department State Technology Office shall
809	operate and manage the Technology Resource Center.
810	(b)  For the purposes of this section, the term:
811	1.  "Information-system utility" means a full-service
812	information-processing facility offering hardware, software,
813	operations, integration, networking, and consulting services.
814	2.  "Customer" means a state agency or other entity which
815	is authorized to utilize the SUNCOM Network pursuant to this
816	part.
817	(2)  The Technology Resource Center shall:
818	(a)  Serve the department office and other customers as an
819	information-system utility.
820	(b)  Cooperate with customers to offer, develop, and
821	support a wide range of services and applications needed by
822	users of the Technology Resource Center.
823	(c)  Cooperate with the Florida Legal Resource Center of
824	the Department of Legal Affairs and other state agencies to
825	develop and provide access to repositories of legal information
826	throughout the state.
827	(d)  Cooperate with the department office to facilitate
828	interdepartmental networking and integration of network services
829	for its customers.
830	(e)  Assist customers in testing and evaluating new and
831	emerging technologies that could be used to meet the needs of
832	the state.
833	(3)  The department office may contract with customers to
834	provide any combination of services necessary for agencies to
835	fulfill their responsibilities and to serve their users.
836	(4)  The Technology Resource Center may plan, design,
837	establish pilot projects for, and conduct experiments with
838	information technology resources, and may implement enhancements
839	in services when such implementation is cost-effective. Funding
840	for experiments and pilot projects shall be derived from service
841	revenues and may not exceed 5 percent of the service revenues
842	for the Technology Resource Center for any single fiscal year.
843	Any experiment, pilot project, plan, or design must be approved
844	by the secretary of the department Chief Information Officer.
845	(5)  Notwithstanding the provisions of s. 216.272, the
846	Technology Resource Center may spend funds in the reserve
847	account of the Technology Enterprise Operating Trust Fund for
848	enhancements to center operations or for information technology
849	resources. Any expenditure of reserve account funds must be
850	approved by the secretary of the department Chief Information
851	Officer. Any funds remaining in the reserve account at the end
852	of the fiscal year may be carried forward and spent as approved
853	by the secretary Chief Information Officer, provided that such
854	approval conforms to any applicable provisions of chapter 216.
855	Section 18.  Section 282.21, Florida Statutes, is amended
856	to read:
857	282.21  The State Technology Office's Electronic access
858	services of the department.--The department State Technology
859	Office may collect fees for providing remote electronic access
860	pursuant to s. 119.07(2). The fees may be imposed on individual
861	transactions or as a fixed subscription for a designated period
862	of time. All fees collected under this section shall be
863	deposited in the appropriate trust fund of the program or
864	activity that made the remote electronic access available.
865	Section 19.  Section 282.22, Florida Statutes, is amended
866	to read:
867	282.22  State Technology Office; Production, dissemination,
868	and ownership of materials and products.--
869	(1)  It is the intent of the Legislature that when
870	materials, products, information, and services are acquired or
871	developed by or under the direction of the department State
872	Technology Office, through research and development or other
873	efforts, including those subject to copyright, patent, or
874	trademark, they shall be made available for use by state and
875	local government entities at the earliest practicable date and
876	in the most economical and efficient manner possible and
877	consistent with chapter 119.
878	(2)  To accomplish this objective the department may office
879	is authorized to publish or partner with private sector entities
880	to produce or have produced materials and products and to make
881	them readily available for appropriate use. The department may
882	office is authorized to charge an amount or receive value-added
883	services adequate to cover the essential cost of producing and
884	disseminating such materials, information, services, or products
885	and is authorized to sell services.
886	(3)  If In cases in which the materials or products are of
887	such nature, or the circumstances are such, that it is not
888	practicable or feasible for the department office to produce or
889	have produced materials and products so developed, it is
890	authorized, after review and approval by the Executive Office of
891	the Governor, to license, lease, assign, sell, or otherwise give
892	written consent to any person, firm, or corporation for the
893	manufacture or use thereof, on a royalty basis, or for such
894	other consideration as the department deems office shall deem
895	proper and in the best interest of the state; the department
896	shall office is authorized and directed to protect same against
897	improper or unlawful use or infringement and to enforce the
898	collection of any sums due for the manufacture or use thereof by
899	any other party.
900	(4)  All proceeds from the sale of such materials and
901	products or other money collected pursuant to this section shall
902	be deposited into the Grants and Donations Trust Fund of the
903	department office and, when properly budgeted as approved by the
904	Legislature and the Executive Office of the Governor, used to
905	pay the cost of producing and disseminating materials and
906	products to carry out the intent of this section.
907	Section 20.  Section 282.23, Florida Statutes, is repealed.
908	Section 21.  Section 282.3031, Florida Statutes, is amended
909	to read:
910	282.3031  Assignment of information technology planning and
911	resources management responsibilities.--For purposes of ss.
912	282.3032-282.322 282.303-282.322, to ensure the best management
913	of state information technology resources, and notwithstanding
914	other provisions of law to the contrary, the functions of
915	information technology planning and resources management are
916	assigned to the university boards of trustees for the
917	development and implementation of planning, management,
918	rulemaking, standards, and guidelines for the state
919	universities; to the community college boards of trustees for
920	establishing and developing rules for the community colleges; to
921	the Supreme Court for the judicial branch; to each state
922	attorney and public defender; and to the agency head State
923	Technology Office for the agencies within the executive branch
924	of state government.
925	Section 22.  Subsections (1), (5), and (10) of section
926	282.3032, Florida Statutes, are amended to read:
927	282.3032  Development and implementation of information
928	technology systems; guiding principles.--To ensure the best
929	management of the state's information technology resources, the
930	following guiding principles are adopted:
931	(1)  Information technology Enterprise resource planning
932	and management by state governmental entities is a prerequisite
933	for the effective development and implementation of information
934	systems to enable sharing of data and cost-effective and
935	efficient services to individuals.
936	(5)  State governmental entities should strive to offer
937	internet services and electronic information that serves the
938	racial and ethnic diversity of the citizens of the state strive
939	for an integrated electronic system for providing individuals
940	with information to the extent possible.
941	(10)  Integration of systems and data elements should be
942	achieved through established policies, standards, guidelines,
943	and procedures by establishing standard definitions, formats,
944	and integrated electronic systems, when possible.
945	Section 23.  Section 282.3033, Florida Statutes, is created
946	to read:
947	282.3033  State Chief Information Officer; duties.--There
948	is created a State Chief Information Officer in the Department
949	of Management Services. The State Chief Information Officer
950	shall serve both the Governor and the department as an advisor
951	regarding policies, standards, guidelines, and procedures for
952	information technology planning and management. The State Chief
953	Information Officer is a member of the Agency Chief Information
954	Officers Council and may advise and assist agencies in
955	implementing the guiding principles and other provisions in this
956	part.
957	Section 24.  Section 282.3055, Florida Statutes, is amended
958	to read:
959	282.3055  Agency chief information officer; appointment;
960	duties.--
961	(1)(a)  To assist the agency head State Technology Officer
962	in carrying out information technology the enterprise resource
963	planning and management responsibilities, the agency head Chief
964	Information Officer may appoint or contract for an agency chief
965	information officer. This position may be full time or part
966	time.
967	(b)  The agency chief information officer must, at a
968	minimum, have knowledge and experience in both management and
969	information technology resources.
970	(2)  The duties of the agency chief information officer
971	include, but are not limited to:
972	(a)  Coordinating and facilitating agency information
973	technology enterprise resource planning and management projects
974	and initiatives.
975	(b)  Preparing an agency annual report on enterprise
976	resource planning and management pursuant to s. 282.3063.
977	(b)(c)  Developing and implementing agency information
978	technology enterprise resource planning and management policies,
979	procedures, guidelines, and standards consistent with statewide
980	policies, procedures, guidelines, and standards, including
981	specific policies and procedures for review and approval of the
982	agency's purchases of information technology resources in
983	accordance with the office's policies and procedures.
984	(c)(d)  Advising agency senior management as to information
985	technology the enterprise resource planning and management and
986	information technology investment needs of the agency for
987	inclusion in planning documents required by law.
988	(d)(e)  Assisting in the development and prioritization of
989	the information technology enterprise resource planning and
990	management schedule of the agency's legislative budget request.
991	Section 25.  Section 282.3063, Florida Statutes, is
992	repealed.
993	Section 26.  Section 282.310, Florida Statutes, is
994	repealed.
995	Section 27.  Section 282.315, Florida Statutes, is amended
996	to read:
997	282.315  Agency Chief Information Officers Council;
998	creation.--The Legislature finds that enhancing communication,
999	consensus building, coordination, and facilitation of statewide
1000	enterprise information technology resource planning and
1001	management issues are is essential to improving state management
1002	of information technology such resources.
1003	(1)  There is created an Agency Chief Information Officers
1004	Council to:
1005	(a)  Enhance communication among the agency chief
1006	information officers by sharing enterprise resource planning and
1007	management experiences and exchanging ideas.
1008	(b)  Facilitate the sharing of best practices that are
1009	characteristic of highly successful technology organizations, as
1010	well as exemplary information technology applications of state
1011	agencies.
1012	(c)  Identify efficiency opportunities among state
1013	agencies.
1014	(d)  Serve as an educational forum for enterprise
1015	information technology resource planning and management issues.
1016	(e)  Identify Assist the State Technology Office in
1017	identifying critical statewide issues and, when appropriate,
1018	make recommendations for solving information technology
1019	enterprise resource planning and management deficiencies.
1020	(2)  Members of the council shall include the agency chief
1021	information officers, including the chief information officers
1022	of the agencies and governmental entities enumerated in s.
1023	282.3031, except that there shall be one chief information
1024	officer selected by the state attorneys and one chief
1025	information officer selected by the public defenders. The
1026	chairs, or their designees, of the Florida Financial Management
1027	Information System Coordinating Council, the Criminal and
1028	Juvenile Justice Information Systems Council, and the Health
1029	Information Systems Council shall represent their respective
1030	organizations on the Agency Chief Information Officers Council
1031	as voting members. The council shall appoint a chair, a vice
1032	chair, and a secretary from its members to serve a 1-year term
1033	each. The council shall establish procedures to govern council
1034	business.
1035	(3)  The department State Technology Office shall provide
1036	administrative support to the council.
1037	Section 28.  Section 282.318, Florida Statutes, is amended
1038	to read:
1039	282.318  Security of data and information technology
1040	resources.--
1041	(1)  This section may be cited as the "Security of Data and
1042	Information Technology Resources Act."
1043	(2)(a)  The department State Technology Office, in
1044	consultation with each agency head, is responsible for
1045	coordinating, assessing, and setting minimum standard operating
1046	procedures to ensure and accountable for assuring an adequate
1047	level of security for all data and information technology
1048	resources of each agency and, to carry out this responsibility,
1049	shall, at a minimum:
1050	(a)1.  Require that each agency designate an information
1051	security manager who shall administer the security program of
1052	each agency for its data and information technology resources.
1053	(b)2.  Require that each agency conduct, and periodically
1054	update, a comprehensive risk analysis to determine the security
1055	threats to the data, information, and information technology
1056	resources of each agency. The risk analysis information is
1057	confidential and exempt from the provisions of s. 119.07(1),
1058	except that such information shall be available to the Auditor
1059	General in performing his or her postauditing duties.
1060	(c)3.  Assist each agency with the development of and
1061	provide revisions to Develop, and periodically update, written
1062	internal policies and procedures to ensure assure the security
1063	of the data, information, and information technology resources
1064	of each agency. The internal policies and procedures which, if
1065	disclosed, could facilitate the unauthorized modification,
1066	disclosure, or destruction of data or information technology
1067	infrastructure resources are confidential information and exempt
1068	from the provisions of s. 119.07(1), except that such
1069	information shall be available to the Auditor General in
1070	performing his or her postauditing duties.
1071	(d)4.  Require each agency to implement appropriate cost-
1072	effective safeguards to reduce, eliminate, or recover from the
1073	identified risks to the data, information, and information
1074	technology resources of each agency.
1075	(e)5.  Require each agency to ensure that periodic internal
1076	audits and evaluations of each security program for the data,
1077	information, and information technology resources of the agency
1078	are conducted. The results of such internal audits and
1079	evaluations are confidential information and exempt from the
1080	provisions of s. 119.07(1), except that such information shall
1081	be available to the Auditor General in performing his or her
1082	postauditing duties and to the Office of Information Security
1083	for performance of its coordination and assessment duties.
1084	(f)6.  Require that each agency include appropriate
1085	security requirements, as determined by the Department of
1086	Management Services State Technology Office, in consultation
1087	with the Department of Law Enforcement each agency head, in the
1088	written specifications for the solicitation of information
1089	technology resources.
1090	(b)  In those instances in which the department State
1091	Technology Office develops state contracts for use by state
1092	agencies, the department office shall include appropriate
1093	security requirements in the specifications for the solicitation
1094	for state contracts for procuring information technology
1095	resources.
1096	(3)  In order to ensure the security of enterprise
1097	information, the department shall establish the Office of
1098	Information Security and shall designate a Chief Information
1099	Security Officer as the head of the office. The office shall
1100	work with all branches of state government and coordinate with
1101	the Agency Chief Information Officers Council and the Executive
1102	Office of the Governor. The office is responsible for security
1103	rulemaking and formulating policy recommendations, security
1104	audit oversight, training of information security managers,
1105	coordinating domestic security funding for cybersecurity issues,
1106	and setting minimum standards for the recovery of information
1107	technology following a disaster.
1108	(4)  The department may adopt rules relating to the
1109	security of data, information, and information technology
1110	pursuant to ss. 120.536(1) and 120.54 to administer this part.
1111	Section 29.  Section 282.322, Florida Statutes, is amended
1112	to read:
1113	282.322  Special monitoring process for designated
1114	information resources management projects.--
1115	(1)  For each information resources management project
1116	which is designated for special monitoring in the General
1117	Appropriations Act, with a proviso requiring a contract with a
1118	project monitor, the Technology Review Workgroup established
1119	pursuant to s. 216.0446, in consultation with each affected
1120	agency, shall be responsible for contracting with the project
1121	monitor. Upon contract award, funds equal to the contract amount
1122	shall be transferred to the Technology Review Workgroup upon
1123	request and subsequent approval of a budget amendment pursuant
1124	to s. 216.292. With the concurrence of the Legislative Auditing
1125	Committee, the office of the Auditor General shall be the
1126	project monitor for other projects designated for special
1127	monitoring. However, nothing in this section precludes the
1128	Auditor General from conducting such monitoring on any project
1129	designated for special monitoring. In addition to monitoring and
1130	reporting on significant communications between a contracting
1131	agency and the appropriate federal authorities, the project
1132	monitoring process shall consist of evaluating each major stage
1133	of the designated project to determine whether the deliverables
1134	have been satisfied and to assess the level of risks associated
1135	with proceeding to the next stage of the project. The major
1136	stages of each designated project shall be determined based on
1137	the agency's information systems development methodology. Within
1138	20 days after an agency has completed a major stage of its
1139	designated project or at least 90 days, the project monitor
1140	shall issue a written report, including the findings and
1141	recommendations for correcting deficiencies, to the agency head,
1142	for review and comment. Within 20 days after receipt of the
1143	project monitor's report, the agency head shall submit a written
1144	statement of explanation or rebuttal concerning the findings and
1145	recommendations of the project monitor, including any corrective
1146	action to be taken by the agency. The project monitor shall
1147	include the agency's statement in its final report, which shall
1148	be forwarded, within 7 days after receipt of the agency's
1149	statement, to the agency head, the inspector general's office of
1150	the agency, the Executive Office of the Governor, the
1151	appropriations committees of the Legislature, the Joint
1152	Legislative Auditing Committee, the Technology Review Workgroup,
1153	the President of the Senate, the Speaker of the House of
1154	Representatives, and the Office of Program Policy Analysis and
1155	Government Accountability. The Auditor General shall also
1156	receive a copy of the project monitor's report for those
1157	projects in which the Auditor General is not the project
1158	monitor.
1159	(2)  The Enterprise Project Management Office of the State
1160	Technology Office shall report any information technology
1161	projects the office identifies as high-risk to the Executive
1162	Office of the Governor, the President of the Senate, the Speaker
1163	of the House of Representatives, and the chairs of the
1164	appropriations committees. Within the limits of current
1165	appropriations, the Enterprise Project Management Office shall
1166	monitor and report on such high-risk information technology
1167	projects, and assess the levels of risks associated with
1168	proceeding to the next stage of the project.
1169	Section 30.  Section 282.5001, Florida Statutes, is
1170	repealed.
1171	Section 31.  Section 282.5002, Florida Statutes, is
1172	repealed.
1173	Section 32.  Section 282.5003, Florida Statutes, is
1174	repealed.
1175	Section 33.  Section 282.5004, Florida Statutes, is
1176	repealed.
1177	Section 34.  Section 282.5005, Florida Statutes, is
1178	repealed.
1179	Section 35.  Section 282.5006, Florida Statutes, is
1180	repealed.
1181	Section 36.  Section 282.5007, Florida Statutes, is
1182	repealed.
1183	Section 37.  Section 282.5008, Florida Statutes, is
1184	repealed.
1185	Section 38.  Paragraph (a) of subsection (3), subsections
1186	(4), (5), (7), (9), (10), and (12), and paragraph (a) of
1187	subsection (13) of section 365.171, Florida Statutes, are
1188	amended to read:
1189	365.171  Emergency telephone number "911."--
1190	(3)  DEFINITIONS.--As used in this section:
1191	(a)  "Department Office" means the Department of Management
1192	Services State Technology Office.
1193	(4)  STATE PLAN.--The department office shall develop a
1194	statewide emergency telephone number "911" system plan. The plan
1195	shall provide for:
1196	(a)  The establishment of the public agency emergency
1197	telephone communications requirements for each entity of local
1198	government in the state.
1199	(b)  A system to meet specific local government
1200	requirements. Such system shall include law enforcement,
1201	firefighting, and emergency medical services and may include
1202	other emergency services such as poison control, suicide
1203	prevention, and emergency management services.
1204	(c)  Identification of the mutual aid agreements necessary
1205	to obtain an effective "911" system.
1206	(d)  A funding provision which shall identify the cost
1207	necessary to implement the "911" system.
1208	(e)  A firm implementation schedule which shall include the
1209	installation of the "911" system in a local community within 24
1210	months after the designated agency of the local government gives
1211	a firm order to the telephone utility for a "911" system.
1212
1213	The department office shall be responsible for the
1214	implementation and coordination of such plan. The department
1215	office shall adopt any necessary rules and schedules related to
1216	public agencies for implementing and coordinating such plan,
1217	pursuant to chapter 120. The public agency designated in the
1218	plan shall order such system within 6 months after publication
1219	date of the plan if the public agency is in receipt of funds
1220	appropriated by the Legislature for the implementation and
1221	maintenance of the "911" system. Any jurisdiction which has
1222	utilized local funding as of July 1, 1976, to begin the
1223	implementation of the state plan as set forth in this section
1224	shall be eligible for at least a partial reimbursement of its
1225	direct cost when, and if, state funds are available for such
1226	reimbursement.
1227	(5)  SYSTEM DIRECTOR.--The secretary director of the
1228	department office or his or her designee is designated as the
1229	director of the statewide emergency telephone number "911"
1230	system and, for the purpose of carrying out the provisions of
1231	this section, is authorized to coordinate the activities of the
1232	system with state, county, local, and private agencies. The
1233	secretary director is authorized to employ not less than five
1234	persons, three of whom will be at the professional level, one at
1235	the secretarial level, and one to fill a fiscal position, for
1236	the purpose of carrying out the provisions of this section. The
1237	secretary director in implementing the system shall consult,
1238	cooperate, and coordinate with local law enforcement agencies.
1239	(7)  TELEPHONE INDUSTRY COORDINATION.--The department
1240	office shall coordinate with the Florida Public Service
1241	Commission which shall encourage the Florida telephone industry
1242	to activate facility modification plans for a timely "911"
1243	implementation.
1244	(9)  SYSTEM APPROVAL.--No emergency telephone number "911"
1245	system shall be established and no present system shall be
1246	expanded without prior approval of the department office.
1247	(10)  COMPLIANCE.--All public agencies shall assist the
1248	department office in its their efforts to carry out the intent
1249	of this section, and such agencies shall comply with the
1250	developed plan.
1251	(12)  FEDERAL ASSISTANCE.--The secretary of the department
1252	office or his or her designee may apply for and accept federal
1253	funding assistance in the development and implementation of a
1254	statewide emergency telephone number "911" system.
1255	(13)  "911" FEE.--
1256	(a)  Following approval by referendum as set forth in
1257	paragraph (b), or following approval by a majority vote of its
1258	board of county commissioners, a county may impose a "911" fee
1259	to be paid by the local exchange subscribers within its
1260	boundaries served by the "911" service. Proceeds from the "911"
1261	fee shall be used only for "911" expenditures as set forth in
1262	subparagraph 6. The manner of imposing and collecting said
1263	payment shall be as follows:
1264	1.  At the request of the county subscribing to "911"
1265	service, the telephone company shall, insofar as is practicable,
1266	bill the "911" fee to the local exchange subscribers served by
1267	the "911" service, on an individual access line basis, at a rate
1268	not to exceed 50 cents per month per line (up to a maximum of 25
1269	access lines per account bill rendered). However, the fee may
1270	not be assessed on any pay telephone in this state. A county
1271	collecting the fee for the first time may collect the fee for no
1272	longer than 36 months without initiating the acquisition of its
1273	"911" equipment.
1274	2.  Fees collected by the telephone company pursuant to
1275	subparagraph 1. shall be returned to the county, less the costs
1276	of administration retained pursuant to paragraph (c). The county
1277	shall provide a minimum of 90 days' written notice to the
1278	telephone company prior to the collection of any "911" fees.
1279	3.  Any county that currently has an operational "911"
1280	system or that is actively pursuing the implementation of a
1281	"911" system shall establish a fund to be used exclusively for
1282	receipt and expenditure of "911" fee revenues collected pursuant
1283	to this section. All fees placed in said fund, and any interest
1284	accrued thereon thereupon, shall be used solely for "911" costs
1285	described in subparagraph 6. The money collected and interest
1286	earned in this fund shall be appropriated for "911" purposes by
1287	the county commissioners and incorporated into the annual county
1288	budget. Such fund shall be included within the financial audit
1289	performed in accordance with s. 218.39. A report of the audit
1290	shall be forwarded to the department office within 60 days after
1291	of its completion. A county may carry forward on an annual basis
1292	unspent moneys in the fund for expenditures allowed by this
1293	section, or it may reduce its fee. However, in no event shall a
1294	county carry forward more than 10 percent of the "911" fee
1295	billed for the prior year. The amount of moneys carried forward
1296	each year may be accumulated in order to allow for capital
1297	improvements described in this subsection. The carryover shall
1298	be documented by resolution of the board of county commissioners
1299	expressing the purpose of the carryover or by an adopted capital
1300	improvement program identifying projected expansion or
1301	replacement expenditures for "911" equipment and service
1302	features, or both. In no event shall the "911" fee carryover
1303	surplus moneys be used for any purpose other than for the "911"
1304	equipment, service features, and installation charges authorized
1305	in subparagraph 6. Nothing in this section shall prohibit a
1306	county from using other sources of revenue for improvements,
1307	replacements, or expansions of its "911" system. A county may
1308	increase its fee for purposes authorized in this section.
1309	However, in no case shall the fee exceed 50 cents per month per
1310	line. All current "911" fees shall be reported to the department
1311	office within 30 days of the start of each county's fiscal
1312	period. Any fee adjustment made by a county shall be reported to
1313	the department office. A county shall give the telephone company
1314	a 90-day written notice of such fee adjustment.
1315	4.  The telephone company shall have no obligation to take
1316	any legal action to enforce collection of the "911" fee. The
1317	telephone company shall provide quarterly to the county a list
1318	of the names, addresses, and telephone numbers of any and all
1319	subscribers who have identified to the telephone company their
1320	refusal to pay the "911" fee.
1321	5.  The county subscribing to "911" service shall remain
1322	liable to the telephone company for any "911" service,
1323	equipment, operation, or maintenance charge owed by the county
1324	to the telephone company.
1325
1326	As used in this paragraph, "telephone company" means an exchange
1327	telephone service provider of "911" service or equipment to any
1328	county within its certificated area.
1329	6.  It is the intent of the Legislature that the "911" fee
1330	authorized by this section to be imposed by counties will not
1331	necessarily provide the total funding required for establishing
1332	or providing the "911" service. For purposes of this section,
1333	"911" service includes the functions of database management,
1334	call taking, location verification, and call transfer. The
1335	following costs directly attributable to the establishment
1336	and/or provision of "911" service are eligible for expenditure
1337	of moneys derived from imposition of the "911" fee authorized by
1338	this section: the acquisition, implementation, and maintenance
1339	of Public Safety Answering Point (PSAP) equipment and "911"
1340	service features, as defined in the Florida Public Service
1341	Commission's lawfully approved "911" and related tariffs and/or
1342	the acquisition, installation, and maintenance of other "911"
1343	equipment, including call answering equipment, call transfer
1344	equipment, ANI controllers, ALI controllers, ANI displays, ALI
1345	displays, station instruments, "911" telecommunications systems,
1346	teleprinters, logging recorders, instant playback recorders,
1347	telephone devices for the deaf (TDD) used in the "911" system,
1348	PSAP backup power systems, consoles, automatic call
1349	distributors, and interfaces (hardware and software) for
1350	computer-aided dispatch (CAD) systems; salary and associated
1351	expenses for "911" call takers for that portion of their time
1352	spent taking and transferring "911" calls; salary and associated
1353	expenses for a county to employ a full-time equivalent "911"
1354	coordinator position and a full-time equivalent staff assistant
1355	position per county for the portion of their time spent
1356	administrating the "911" system; training costs for PSAP call
1357	takers in the proper methods and techniques used in taking and
1358	transferring "911" calls; and expenses required to develop and
1359	maintain all information (ALI and ANI databases and other
1360	information source repositories) necessary to properly inform
1361	call takers as to location address, type of emergency, and other
1362	information directly relevant to the "911" call-taking and
1363	transferring function. No wireless telephone service provider
1364	shall be required to participate in any pilot project or to
1365	otherwise implement a nonemergency "311" system or similar
1366	nonemergency system. The "911" fee revenues shall not be used to
1367	pay for any item not listed, including, but not limited to, any
1368	capital or operational costs for emergency responses which occur
1369	after the call transfer to the responding public safety entity
1370	and the costs for constructing buildings, leasing buildings,
1371	maintaining buildings, or renovating buildings, except for those
1372	building modifications necessary to maintain the security and
1373	environmental integrity of the PSAP and "911" equipment rooms.
1374	7.  It is the goal of the Legislature that enhanced "911"
1375	service be available throughout the state. Expenditure by
1376	counties of the "911" fees authorized by this section should
1377	support this goal to the greatest extent feasible within the
1378	context of local service needs and fiscal capability. Nothing in
1379	this section shall be construed to prohibit two or more counties
1380	from establishing a combined emergency "911" telephone service
1381	by interlocal agreement and utilizing the "911" fees authorized
1382	by this section for such combined "911" service.
1383
1384	As used in this paragraph, the term "telephone company" means an
1385	exchange telephone service provider of 911 service or equipment
1386	to any county within its certificated area.
1387	Section 39.  Paragraph (d) of subsection (2), paragraphs
1388	(h) through (s) of subsection (3), subsection (4), paragraph (a)
1389	of subsection (5), and paragraphs (c) and (d) of subsection (6)
1390	of section 365.172, Florida Statutes, are amended, and a new
1391	paragraph (h) is added to subsection (3) of that section, to
1392	read:
1393	365.172  Wireless emergency telephone number "E911."--
1394	(2)  FINDINGS, PURPOSE, AND LEGISLATIVE INTENT.--The
1395	Legislature finds and declares that:
1396	(d)  The revenues generated by the E911 fee imposed under
1397	this section are required to fund the efforts of the counties,
1398	the Wireless 911 Board under the Department of Management
1399	Services State Technology Office, and commercial mobile radio
1400	service providers to improve the public health, safety, and
1401	welfare and serve a public purpose by providing emergency
1402	telephone assistance through wireless communications.
1403	(3)  DEFINITIONS.--Only as used in this section and ss.
1404	365.173 and 365.174, the term:
1405	(h)  "Department" means the Department of Management
1406	Services.
1407	(i)(h)  "Designed service" means the configuration and
1408	manner of deployment of service the wireless provider has
1409	designed for an area as part of its network.
1410	(j)(i)  "E911" is the designation for a wireless enhanced
1411	911 system or wireless enhanced 911 service that is an emergency
1412	telephone system or service that provides a subscriber with
1413	wireless 911 service and, in addition, directs 911 calls to
1414	appropriate public safety answering points by selective routing
1415	based on the geographical location from which the call
1416	originated, or as otherwise provided in the state plan under s.
1417	365.171, and that provides for automatic number identification
1418	and automatic location-identification features in accordance
1419	with the requirements of the order.
1420	(k)(j)  "Existing structure" means a structure that exists
1421	at the time an application for permission to place antennae on a
1422	structure is filed with a local government. The term includes
1423	any structure that can structurally support the attachment of
1424	antennae in compliance with applicable codes.
1425	(l)(k)  "Fee" means the E911 fee imposed under subsection
1426	(8).
1427	(m)(l)  "Fund" means the Wireless Emergency Telephone
1428	System Fund established in s. 365.173 and maintained under this
1429	section for the purpose of recovering the costs associated with
1430	providing 911 service or E911 service, including the costs of
1431	implementing the order.
1432	(n)(m)  "Historic building, structure, site, object, or
1433	district" means any building, structure, site, object, or
1434	district that has been officially designated as a historic
1435	building, historic structure, historic site, historic object, or
1436	historic district through a federal, state, or local designation
1437	program.
1438	(o)(n)  "Land development regulations" means any ordinance
1439	enacted by a local government for the regulation of any aspect
1440	of development, including an ordinance governing zoning,
1441	subdivisions, landscaping, tree protection, or signs, the local
1442	government's comprehensive plan, or any other ordinance
1443	concerning any aspect of the development of land. The term does
1444	not include any building construction standard adopted under and
1445	in compliance with chapter 553.
1446	(p)(o)  "Local exchange carrier" means a "competitive local
1447	exchange telecommunications company" or a "local exchange
1448	telecommunications company" as defined in s. 364.02.
1449	(q)(p)  "Local government" means any municipality, county,
1450	or political subdivision or agency of a municipality, county, or
1451	political subdivision.
1452	(r)(q)  "Medium county" means any county that has a
1453	population of 75,000 or more but less than 750,000.
1454	(s)(r)  "Mobile telephone number" or "MTN" means the
1455	telephone number assigned to a wireless telephone at the time of
1456	initial activation.
1457	(s)  "Office" means the State Technology Office.
1458	(4)  POWERS AND DUTIES OF THE DEPARTMENT OFFICE.--The
1459	department office shall oversee the administration of the fee
1460	imposed on subscribers of statewide E911 service under
1461	subsection (8).
1462	(5)  THE WIRELESS 911 BOARD.--
1463	(a)  The Wireless 911 Board is established to administer,
1464	with oversight by the department office, the fee imposed under
1465	subsection (8), including receiving revenues derived from the
1466	fee; distributing portions of such revenues to providers,
1467	counties, and the department office; accounting for receipts,
1468	distributions, and income derived by the funds maintained in the
1469	fund; and providing annual reports to the Governor and the
1470	Legislature for submission by the department office on amounts
1471	collected and expended, the purposes for which expenditures have
1472	been made, and the status of wireless E911 service in this
1473	state. In order to advise and assist the department office in
1474	carrying out the purposes of this section, the board, which
1475	shall have the power of a body corporate, shall have the powers
1476	enumerated in subsection (6).
1477	(6)  AUTHORITY OF THE BOARD; ANNUAL REPORT.--
1478	(c)  By February 28 of each year, the board shall prepare a
1479	report for submission by the department office to the Governor,
1480	the President of the Senate, and the Speaker of the House of
1481	Representatives which reflects, for the immediately preceding
1482	calendar year, the quarterly and annual receipts and
1483	disbursements of moneys in the fund, the purposes for which
1484	disbursements of moneys from the fund have been made, and the
1485	availability and status of implementation of E911 service in
1486	this state.
1487	(d)  By February 28, 2001, the board shall undertake and
1488	complete a study for submission by the department office to the
1489	Governor, the President of the Senate, and the Speaker of the
1490	House of Representatives which addresses:
1491	1.  The total amount of E911 fee revenues collected by each
1492	provider, the total amount of expenses incurred by each provider
1493	to comply with the order, and the amount of moneys on deposit in
1494	the fund, all as of December 1, 2000.
1495	2.  Whether the amount of the E911 fee and the allocation
1496	percentages set forth in s. 365.173 should be adjusted to comply
1497	with the requirements of the order, and, if so, a recommended
1498	adjustment to the E911 fee.
1499	3.  Any other issues related to providing wireless E911
1500	services.
1501	Section 40.  Subsections (2), (5), (6), and (9) of section
1502	445.049, Florida Statutes, are amended to read:
1503	445.049  Digital Divide Council.--
1504	(2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is
1505	created in the Department of Management Services State
1506	Technology Office. The council shall consist of:
1507	(a)  The Secretary of Management Services or his or her
1508	designee chief information officer in the State Technology
1509	Office.
1510	(b)  The director of the Office of Tourism, Trade, and
1511	Economic Development in the Executive Office of the Governor.
1512	(c)  The president of Workforce Florida, Inc.
1513	(d)  The director of the Agency for Workforce Innovation.
1514	(e)  The chair of itflorida.com, Inc.
1515	(f)  The Commissioner of Education.
1516	(g)  The chair of the Network Access Point of the Americas.
1517	(h)  A representative of the information technology
1518	industry in this state appointed by the Speaker of the House of
1519	Representatives.
1520	(i)  A representative of the information technology
1521	industry in this state appointed by the President of the Senate.
1522	(j)  Two members of the House of Representatives, who shall
1523	be ex officio, nonvoting members of the council, appointed by
1524	the Speaker of the House of Representatives, one of whom shall
1525	be a member of the Republican Caucus and the other of whom shall
1526	be a member of the Democratic Caucus.
1527	(k)  Two members of the Senate, who shall be ex officio,
1528	nonvoting members of the council, appointed by the President of
1529	the Senate, one of whom shall be a member of the Republican
1530	Caucus and the other of whom shall be a member of the Democratic
1531	Caucus.
1532	(5)  ADMINISTRATIVE AND TECHNICAL SUPPORT; PAYMENT OF
1533	SUPPORT COSTS.--The Department of Management Services State
1534	Technology Office shall provide such administrative and
1535	technical support to the council as is reasonably necessary for
1536	the council to effectively and timely carry out its duties and
1537	responsibilities. All direct and indirect costs of providing
1538	such support and performing the other duties assigned to the
1539	Department of Management Services State Technology Office
1540	related to design and implementation of the programs authorized
1541	by this section may be paid from appropriations authorized to be
1542	used for such purposes.
1543	(6)  POWERS AND DUTIES OF COUNCIL.--The council, through
1544	the Department of Management Services State Technology Office,
1545	is authorized and empowered to facilitate the design and
1546	implementation of programs that are aimed at achieving the
1547	objectives and goals stated in this section. The Department of
1548	Management Services State Technology Office shall present and
1549	demonstrate to the council the design characteristics and
1550	functional elements of each program proposed to be implemented
1551	to achieve the objectives and goals stated in this section and
1552	each such program shall be reviewed and approved by the council
1553	before being implemented. Such programs shall initially be
1554	implemented as pilot programs in a minimum of six different
1555	areas of the state to develop model programs that are likely to
1556	be successful if implemented throughout the state. The areas of
1557	the state where the pilot programs are implemented shall be
1558	selected by the council with the objectives of testing the
1559	merits of the programs in each geographic region of the state
1560	and providing equal exposure of the programs to urban and rural
1561	communities alike. Implementation of all such pilot and model
1562	programs shall be administered by and through the local
1563	workforce development boards and each such board shall
1564	coordinate and confirm the ready availability and timely
1565	delivery of all elements of such programs to ensure the highest
1566	probability of such programs achieving their intended results.
1567	(9)  ANNUAL REPORT.--By March 1 each year, 2002, the
1568	council, through the Department of Management Services State
1569	Technology Office, shall report to the Executive Office of the
1570	Governor, the Speaker of the House of Representatives, and the
1571	President of the Senate the results of the council's monitoring,
1572	reviewing, and evaluating such programs since their inception
1573	and the council's recommendations as to whether such programs
1574	should be continued and expanded to achieve the objectives and
1575	goals stated in this section.
1576	Section 41.  The Legislature recognizes that there is a
1577	need to conform the Florida Statutes to the policy decisions
1578	reflected in this act and that there may be a need to resolve
1579	apparent conflicts between any changes or additions to the
1580	Florida Statutes, or any other legislation that has been or may
1581	be enacted during 2006, and this act. Therefore, in the interim
1582	between this act becoming a law and the 2007 Regular Session of
1583	the Legislature or an earlier special session addressing this
1584	issue, the Division of Statutory Revision shall provide the
1585	relevant substantive committees of the Senate and the House of
1586	Representatives with assistance, upon request, to enable such
1587	committees to prepare draft legislation to conform the Florida
1588	Statutes and any legislation enacted during 2006 to the
1589	provisions of this act.
1590	Section 42.  For fiscal year 2006-2007, seven positions are
1591	authorized and $750,000 is appropriated from the General Revenue
1592	Fund to the Department of Management Services for personnel and
1593	other expenses necessary to implement the provisions of this act
1594	related to the Office of Information Security.
1595	Section 43.  This act shall take effect July 1, 2006.

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