1

A bill to be entitled

2

An act relating to information technology; amending s.

3

11.90, F.S.; revising the duties of the Legislative Budget

4

Commission with respect to its review of information

5

technology policies and plans; amending s. 14.204, F.S.;

6

revising the duties of the Agency for Enterprise

7

Information Technology; specifying additional

8

qualifications for the executive director; authorizing the

9

agency to adopt rules; requiring the agency to recommend

10

to the Legislature options for implementing a one-stop

11

system for issuing development permits; defining the term

12

"development permit"; requiring a report; providing for

13

future expiration of such provisions; creating s. 14.40,

14

F.S.; creating the Office of Open Government within the

15

Executive Office of the Governor; specifying the purpose

16

of the office; amending s. 110.205, F.S., relating to

17

positions that are exempt from Career Service System;

18

conforming provisions to changes made by the act; amending

19

s. 216.0446, F.S.; requiring that the Technology Review

20

Workgroup review information technology projects as

21

directed in the General Appropriations Act; providing for

22

the Office of Auditor General to act as project monitor

23

under certain circumstances; specifying duties of the

24

project monitor; amending s. 216.235, F.S.; providing

25

duties of the Agency for Enterprise Information Technology

26

with respect to the Innovation Investment Program;

27

amending s. 282.003, F.S.; revising a short title;

28

amending s. 282.0041, F.S.; providing a definition;

29

amending ss. 282.0055 and 282.0056, F.S., relating to the

30

assignment of information technology and the development

31

of work plans; conforming cross-references; amending s.

32

282.3055, F.S.; requiring that agency chief information

33

officers meet certain prerequisites for education and

34

experience; amending s. 282.315, F.S.; renaming the Agency

35

Chief Information Officers Council as the "Information

36

Technology Coordinating Council"; providing legislative

37

findings; providing for the council to be adjunct to the

38

Agency for Enterprise Information Technology; requiring

39

the Attorney General to appoint an attorney to assist the

40

council; providing for the membership of the council;

41

specifying duties of the council; amending s. 282.322,

42

F.S.; deleting certain provisions governing the monitoring

43

of information resource projects; designating ss. 282.801-

44

282.8096, F.S., as part IV of ch. 282, F.S.; creating s.

45

282.801, F.S.; providing a short title; creating s.

46

282.802, F.S.; providing definitions; transferring and

47

renumbering s. 282.102, F.S., relating to the powers and

48

duties of the Department of Management Services;

49

transferring, renumbering, and amending ss. 282.103,

50

282.104, 282.105, 282.107, 282.109, 282.1095, and 282.111,

51

F.S., relating to the SUNCOM Network and communications

52

systems of state law enforcement agencies; clarifying

53

duties of the Department of Management Services with

54

respect to the management and operation of those systems;

55

transferring, renumbering, and amending ss. 282.20,

56

282.21, and 282.22, F.S., relating to the Technology

57

Resource Center; conforming provisions to changes made by

58

the act; amending ss. 287.042 and 287.057, F.S.;

59

prescribing duties of the Department of Management

60

Services with respect to procuring information technology

61

commodities and contractual services; amending ss.

62

445.011, 445.045, 445.049, 668.50, 943.08, and 1004.52,

63

F.S., relating to workforce information systems, the

64

Digital Divide Council, the Uniform Electronic Transaction

65

Act, the Criminal and Juvenile Justice Information Systems

66

Council, and community computer access grant programs;

67

clarifying the duties of the Agency for Enterprise

68

Information Technology and the Department of Management

69

Services; providing an effective date.

70

71

Be It Enacted by the Legislature of the State of Florida:

72

73

     Section 1.  Subsection (7) of section 11.90, Florida

74

Statutes, is amended to read:

75

     11.90  Legislative Budget Commission.--

76

     (7)(a) The commission shall review information technology

77

resources management needs identified in agency long-range

78

program plans for consistency with:

79

     1. Information technology policy as defined in s. 282.0041;

80

and

81

     2. The state comprehensive plan as provided in s.

82

187.201(2) Annual Report on Enterprise Resource Planning and

83

Management and statewide policies adopted by the State Technology

84

Office.

85

     (b) The commission shall also review proposed budget

86

amendments associated with information technology that involve

87

more than one agency, that have an outcome that impacts another

88

agency, or that exceed $500,000 in total cost over a 1-year

89

period.

90

     Section 2.  Section 14.204, Florida Statutes, is amended to

91

read:

92

     14.204  Agency for Enterprise Information Technology.--

93

     (1)(a) The Agency for Enterprise Information Technology is

94

created within the Executive Office of the Governor.

95

     (b)1. The head of the agency shall be the Governor and

96

Cabinet.,

97

     2. The agency head which shall take action by majority vote

98

consisting of at least three affirmative votes with the Governor

99

on the prevailing side.

100

     (c) The agency shall be a separate budget entity that is

101

not subject to control, supervision, or direction by the

102

Executive Office of the Governor in any manner, including, but

103

not limited to, purchasing, transactions involving real or

104

personal property, personnel, or budgetary matters.

105

     (2)(1) The executive director of the agency:

106

     (a) Must have a degree from an accredited postsecondary

107

institution;

108

     (b) Must have at least 7 years of executive-level

109

experience in managing information technology organizations;

110

     (c) Shall be appointed by the Governor and Cabinet, is

111

subject to confirmation by the Senate, and shall serve at the

112

pleasure of the Governor and Cabinet; and. The executive director

113

     (d) Shall be the chief information officer of the state and

114

the executive sponsor for all enterprise information technology

115

projects at the enterprise level. The executive director must

116

have a degree from an accredited postsecondary institution, and

117

at least 7 years of executive-level experience in managing

118

information technology organizations.

119

     (3)(2) The agency shall have the following duties and

120

responsibilities:

121

     (a)  Develop and implement strategies for the design,

122

delivery, and management of the enterprise information technology

123

services established in law.

124

     (b)  Monitor the delivery and management of the enterprise

125

information technology services as established in law.

126

     (c)  Make recommendations to the agency head and the

127

Legislature concerning other information technology services that

128

should be designed, delivered, and managed at the enterprise

129

level as defined in s. 282.0041 s. 282.0041(8).

130

     (d)  Plan and establish policies for managing proposed

131

statutorily authorized enterprise information technology

132

services, which includes:

133

     1. Developing business cases that, when applicable, include

134

the components identified in s. 287.0574;

135

     2. Establishing and coordinating project-management teams;

136

     3. Establishing formal risk-assessment and mitigation

137

processes; and

138

     4. Providing for independent monitoring of projects for

139

recommended corrective actions.

140

     (e) Not earlier than July 1, 2008, Define the architecture

141

standards for enterprise information technology by rule and

142

develop implementation approaches for statewide migration to

143

those standards.

144

     (f)  Develop and publish a strategic enterprise information

145

technology plan that identifies and recommends strategies for how

146

enterprise information technology will deliver effective and

147

efficient government services to state residents and improve the

148

operations of state agencies.

149

     (g) Assist the Department of Management Services, as

150

provided in s. 287.042, in:

151

     1. Assessing the technological needs of a particular

152

agency;

153

     2. Determining whether to enter into a written agreement

154

with the letting federal, state, or political subdivision body to

155

provide information technology for a particular agency; and

156

     3. Evaluating information technology contracts.

157

     (h) Provide administrative support to the Information

158

Technology Coordinating Council.

159

     (i) Report to the Legislature, not less than annually, any

160

recommended statutory changes that would improve the

161

effectiveness or efficiency of the delivery and management of

162

enterprise information technology services.

163

     (4)(3) The agency shall operate in such a manner as to

164

ensure participation and representation of state agencies, as

165

defined in s. 216.011, and the Agency Chief Information

166

Technology Coordinating Officers Council established in s.

167

282.315.

168

     (5) The Agency for Enterprise Information Technology may

169

adopt rules pursuant to ss. 120.536(1) and 120.54 to administer

170

the provisions of law conferring duties upon the agency.

171

     (6)(a) The Agency for Enterprise Information Technology

172

shall study and recommend to the Legislature options for the

173

implementation of a one-stop development permitting system that

174

will include, but not be limited to, the following functions:

175

     1. Identify all state agencies and county entities that are

176

responsible for development permits;

177

     2. Assist individuals and businesses by providing

178

information concerning development permits;

179

     3. Provide guidance on what development permits are needed

180

for particular projects;

181

     4. Allow an applicant to complete and submit online

182

application forms for development permits;

183

     5. Allow an applicant to submit payment for permit fees

184

online; and

185

     6. Provide a method for tracking the status of submitted

186

development permits.

187

     (b) For purposes of completing its work, the term

188

"development permit" includes any state, regional, or local

189

permit or approval that is necessary for the physical location or

190

expansion of a business, including, but not limited to:

191

     1. Wetland or environmental resource permits;

192

     2. Surface water management permits;

193

     3. Stormwater permits;

194

     4. Site plan approvals;

195

     5. Zoning approvals and comprehensive plan amendments;

196

     6. Building permits;

197

     7. Transportation concurrency approvals;

198

     8. Consumptive water-use permits; and

199

     9. Wastewater permits.

200

     (c) The Agency for Enterprise Information Technology shall

201

submit the results of its study and its recommended options for

202

implementing a one-stop development permitting system by December

203

15, 2008, to the Governor and Cabinet, the President of the

204

Senate, and the Speaker of the House of Representatives.

205

     (d) This subsection expires July 1, 2009.

206

     Section 3.  Section 14.40, Florida Statutes, is created to

207

read:

208

     14.40 Office of Open Government.--

209

     (1) The Office of Open Government is created within the

210

Executive Office of the Governor.

211

     (2) The director of the Office of Open Government shall be

212

appointed by and serve at the pleasure of the Governor.

213

     (3) The purpose of the Office of Open Government is to:

214

     (a) Assist agencies, as defined in s. 119.011, in complying

215

with the requirements of chapter 119 and the public-meeting

216

requirements of chapter 286.011; and

217

     (b) Provide training to agencies, as defined in s. 119.011,

218

regarding their responsibilities under chapter 119 and the

219

public-meeting requirements of chapter 286.

220

     Section 4.  Paragraphs (e) and (w) of subsection (2) of

221

section 110.205, Florida Statutes, are amended to read:

222

     110.205  Career service; exemptions.--

223

     (2)  EXEMPT POSITIONS.--The exempt positions that are not

224

covered by this part include the following:

225

     (e) The Executive Director Chief Information Officer,

226

deputy chief information officers, general counsel and assistant

227

general counsels, chief technology officers, and deputy chief

228

technology officers in the Agency for Enterprise Information

229

Technology State Technology Office. Unless otherwise fixed by

230

law, the Agency for Enterprise Information Technology State

231

Technology Office shall set the salary and benefits of these

232

positions in accordance with the rules of the Senior Management

233

Service.

234

     (w)  All managers, supervisors, and confidential employees

235

of the Agency for Enterprise Information Technology State

236

Technology Office. The Agency for Enterprise Information

237

Technology State Technology Office shall set the salaries and

238

benefits of these positions in accordance with the rules

239

established for the Selected Exempt Service.

240

     Section 5.  Subsection (3) is added to section 216.0446,

241

Florida Statutes, to read:

242

     216.0446  Review of information technology resources

243

needs.--

244

     (3)(a) For each information technology project that is

245

designated for special monitoring in the General Appropriations

246

Act by a proviso requiring a contract with a project monitor, the

247

Technology Review Workgroup, in consultation with each affected

248

agency, shall be responsible for contracting with the project

249

monitor.

250

     (b) Upon contract award, funds equal to the contract amount

251

shall be transferred to the Technology Review Workgroup upon

252

request and subsequent approval of a budget amendment pursuant to

253

s. 216.292.

254

     (c) With the concurrence of the Legislative Auditing

255

Committee, the Office of the Auditor General shall be the project

256

monitor for other projects designated for special monitoring.

257

However, this section does not preclude the Auditor General from

258

conducting such monitoring on any project designated for special

259

monitoring.

260

     (d)1. In addition to monitoring and reporting on

261

significant communications between a contracting agency and the

262

appropriate federal authorities, the project-monitoring process

263

shall consist of evaluating each major stage of the designated

264

project to determine whether the deliverables have been satisfied

265

and to assess the level of risks associated with proceeding to

266

the next stage of the project.

267

     2. The major stages of each designated project shall be

268

determined based on the agency's information systems development

269

methodology.

270

     3. Within 20 days after an agency has completed a major

271

stage of its designated project or at least 90 days, the project

272

monitor shall issue a written report, including the findings and

273

recommendations for correcting deficiencies, to the agency head

274

for review and comment.

275

     4. Within 20 days after receipt of the project monitor's

276

report, the agency head shall submit a written statement of

277

explanation or rebuttal concerning the findings and

278

recommendations of the project monitor, including any corrective

279

action to be taken by the agency.

280

     5. The project monitor shall include the agency's statement

281

in its final report, which shall be forwarded, within 7 days

282

after receipt of the agency's statement, to the agency head, the

283

inspector general's office of the agency, the Executive Office of

284

the Governor, the appropriations committees of the Legislature,

285

the Joint Legislative Auditing Committee, the Technology Review

286

Workgroup, the President of the Senate, the Speaker of the House

287

of Representatives, and the Office of Program Policy Analysis and

288

Government Accountability. The Auditor General shall also receive

289

a copy of the project monitor's report for those projects in

290

which the Auditor General is not the project monitor.

291

     Section 6.  Paragraph (c) of subsection (4) and subsection

292

(6) of section 216.235, Florida Statutes, are amended to read:

293

     216.235  Innovation Investment Program.--

294

     (4)  There is hereby created the State Innovation Committee,

295

which shall have final approval authority as to which innovative

296

investment projects submitted under this section shall be funded.

297

Such committee shall be comprised of seven members. Appointed

298

members shall serve terms of 1 year and may be reappointed. The

299

committee shall include:

300

     (c) The Executive Director of Chief Information Officer in

301

the Agency for Enterprise Information Technology State Technology

302

Office.

303

     (6)(a) Any agency developing an innovative investment

304

project proposal that involves information technology resources

305

may consult with and seek technical assistance from the Agency

306

for Enterprise Information Technology State Technology Office.

307

     (b)1. The office shall consult with the Agency for

308

Enterprise Information Technology State Technology Office for any

309

project proposal that involves information resource technology

310

resources.

311

     2. The Agency for Enterprise Information Technology State

312

Technology Office is responsible for evaluating these projects

313

and for advising the committee and review board of the technical

314

feasibility and any transferable benefits of the proposed

315

technology.

316

     (c) In addition to the requirements of subsection (5), the

317

agencies shall provide to the Agency for Enterprise Information

318

Technology State Technology Office any information requested by

319

the Agency for Enterprise Information Technology State Technology

320

Office to aid in determining that the proposed technology is

321

appropriate for the project's success.

322

     Section 7.  Section 282.003, Florida Statutes, is amended to

323

read:

324

     282.003  Short title.--This part may be cited as the

325

"Information Technology Resources Management Act of 1997."

326

     Section 8.  Section 282.0041, Florida Statutes, is amended

327

to read:

328

     282.0041  Definitions.--For the purposes of this part, the

329

term:

330

     (1)  "Agency" means those entities described in s.

331

216.011(1)(qq).

332

     (2)  "Agency Chief Information Officer" means the person

333

appointed by the agency head of an agency to coordinate and

334

manage the information technology functions and responsibilities

335

applicable to that agency and to participate and represent his or

336

her agency in developing strategies for implementing enterprise

337

information technology services identified in law and developing

338

recommendations for enterprise information technology policy.

339

     (3) "Agency Chief Information Officers Council" means the

340

council created in s. 282.315.

341

     (3)(4) "Agency for Enterprise Information Technology" means

342

the agency created in s. 14.204.

343

     (4)(5) "Agency information technology service" means a

344

service that directly helps the agency fulfill its statutory or

345

constitutional responsibilities and policy objectives and is

346

usually associated with the agency's primary or core business

347

functions.

348

     (5)(6) "Customer relationship management" or "CRM" means

349

the business processes, software, and Internet capabilities that

350

can help state agencies manage customer relationships of the

351

organization at the enterprise level.

352

     (6)(7) "Enterprise level" means all executive branch

353

agencies created or authorized in statute to perform

354

legislatively delegated functions.

355

     (7)(8) "Enterprise information technology service" means an

356

information technology service that is used in all agencies or a

357

subset of agencies and is established in law to be designed,

358

delivered, and managed at the enterprise level.

359

     (8)(9) "E-mail, messaging, and calendaring service" means

360

the enterprise information technology service that enables users

361

to send, receive, file, store, manage, and retrieve electronic

362

messages, attachments, appointments, and addresses.

363

     (9)(10) "Information technology" means equipment, hardware,

364

software, firmware, programs, systems, networks, infrastructure,

365

media, and related material used to automatically,

366

electronically, and wirelessly collect, receive, access,

367

transmit, display, store, record, retrieve, analyze, evaluate,

368

process, classify, manipulate, manage, assimilate, control,

369

communicate, exchange, convert, converge, interface, switch, or

370

disseminate information of any kind or form.

371

     (10) "Information Technology Coordinating Council" means

372

the coordinating council created in s. 282.315.

373

     (11)  "Information technology policy" means statements that

374

describe clear choices for how information technology will

375

deliver effective and efficient government services to residents

376

and improve state agency operations. Such a policy may relate to

377

investments, business applications, architecture, or

378

infrastructure. A policy describes its rationale, implications of

379

compliance or noncompliance, the timeline for implementation,

380

metrics for determining compliance, and the accountable structure

381

responsible for its implementation.

382

     (12)  "Project" means an endeavor that has a defined start

383

and end point; is undertaken to create or modify a unique

384

product, service, or result; and has specific objectives that,

385

when attained, signify completion.

386

     (13)  "Standards" means the use of current, open,

387

nonproprietary, or non-vendor-specific technologies.

388

     (14)  "Total cost" means all costs associated with

389

information technology projects or initiatives, including, but

390

not limited to, value of hardware, software, service,

391

maintenance, incremental personnel, and facilities. Total cost of

392

a loan or gift of information technology resources to an agency

393

includes the fair market value of the resources, except that the

394

total cost of loans or gifts of information technology to state

395

universities to be used in instruction or research does not

396

include fair market value.

397

     Section 9.  Section 282.0055, Florida Statutes, is amended

398

to read:

399

     282.0055  Assignment of information technology.--In order to

400

ensure the most effective and efficient use of the state's

401

information technology and information technology resources and

402

notwithstanding other provisions of law to the contrary, policies

403

for the design, planning, project management, and implementation

404

of the enterprise information technology services defined in s.

405

282.0041 s. 282.0041(8) shall be the responsibility of the Agency

406

for Enterprise Information Technology for executive branch

407

agencies created or authorized in statute to perform

408

legislatively delegated functions. The supervision, design,

409

delivery, and management of agency information technology defined

410

in s. 282.0041 s. 282.0041(5) shall remain within the

411

responsibility and control of the individual state agency.

412

     Section 10.  Paragraph (b) of subsection (2) of section

413

282.0056, Florida Statutes, is amended to read:

414

     282.0056  Development of work plan; development of

415

implementation plans; and policy recommendations.--

416

     (2)  For the fiscal year beginning in 2008-2009, the agency

417

shall develop implementation plans for up to three of the

418

following proposed enterprise information technology services to

419

be established in law:

420

     (b)  A shared or consolidated enterprise information

421

technology service delivery and support model for the e-mail,

422

messaging, and calendaring service defined in s. 282.0041 s.

423

282.0041(9).

424

     Section 11.  Section 282.3055, Florida Statutes, is amended

425

to read:

426

     282.3055  Agency chief information officer; appointment;

427

duties.--

428

     (1)(a)  Each agency head shall appoint or contract for an

429

agency chief information officer.

430

     (b)  The agency chief information officer must, at a

431

minimum, have a certificate or degree from an accredited

432

postsecondary institution and at least 5 years of experience

433

managing an information technology operation and planning and

434

implementing information technology projects and services

435

knowledge and experience in both management and information

436

technology resources.

437

     (2)  The duties of the agency chief information officer

438

include, but are not limited to:

439

     (a)  Coordinating and facilitating the planning and

440

management of agency information technology services.

441

     (b)  Implementing agency information technology planning and

442

management procedures, guidelines, and standards that are

443

consistent with the procedures and standards adopted by the

444

Agency for Enterprise Information Technology.

445

     (c)  Advising agency senior management as to the information

446

technology resource planning and management needs of the agency.

447

     (d)  Assisting in the development and prioritization of the

448

information technology resource needs for the agency's

449

legislative budget request.

450

     (e)  Assisting the Agency for Enterprise Information

451

Technology in the development of strategies for implementing the

452

enterprise information technology services established in law and

453

developing recommendations for enterprise information technology

454

policy.

455

     Section 12.  Section 282.315, Florida Statutes, is amended

456

to read:

457

     282.315 Information Technology Coordinating Agency Chief

458

Information Officers Council; creation.--The Legislature finds

459

that information technology can improve agency performance and

460

enhance service delivery to the public. The Legislature also

461

finds that without information technology planning, management,

462

and investment, the full potential of information technology will

463

not be realized. The effective and efficient management of

464

information technology resources requires the development of an

465

information technology policy that describes how agency and

466

enterprise information technology services will deliver efficient

467

and effective government services to residents and improve state

468

agency operations. Furthermore, the development of such policy

469

requires consideration of information technology standards and

470

interoperability, access standards for public records, redaction

471

of exempt or confidential information, standards for records

472

retention and archiving, security, integration of data, database

473

formats and linkages, and Internet protocols, among other issues.

474

The Legislature finds that these issues must be considered when

475

designing and planning for information technology resources, not

476

after purchasing such resources. Given the complexity of

477

information technology resource planning, the potential effect of

478

individual agency decisionmaking on other agencies, and the

479

significant costs of information technology, the Legislature

480

finds that it is necessary and beneficial to the furtherance of a

481

public purpose that a means be established to ensure agency

482

communication and coordination regarding agency and enterprise

483

information technology services. The Legislature finds that the

484

creation of a coordinating council will enhance enhancing

485

communication, encourage consensus building, assist in the

486

delivery of agency and enterprise information technology

487

services, facilitate the establishment of standards and

488

interoperability, and ensure consideration of records

489

requirements coordination, and facilitation with respect to

490

issues concerning enterprise information technology resources are

491

essential to improving the management of such resources.

492

     (1)(a) The Information Technology Coordinating Council

493

There is created adjunct to the Agency for Enterprise Information

494

Technology. an Agency Chief Information Officers Council to:

495

     (b) The council is a "coordinating council" as defined in

496

s. 20.03 and is subject to the requirements of s. 20.052, except

497

as provided in this section.

498

     (c) The Agency for Enterprise Information Technology shall

499

provide administrative support to the council.

500

     (d) The Attorney General shall appoint an attorney who

501

shall mediate disputes involving access to public records as

502

provided in s. 16.60 and provide legal counsel to the council.

503

Such legal counsel includes, but need not be limited to, legal

504

advice regarding standards for public records and meetings,

505

records-retention standards, and archiving requirements.

506

     (a) Enhance communication and collaboration among the

507

Agency Chief Information Officers and the Agency for Enterprise

508

Information Technology.

509

     (b) Identify and recommend best practices that are

510

characteristic of highly successful technology organizations, as

511

well as exemplary information technology applications for use by

512

state agencies, and assist the Agency for Enterprise Information

513

Technology in developing strategies for implementing the

514

enterprise information technology services established in law and

515

developing recommendations for enterprise information technology

516

policy.

517

     (c) Identify efficiency opportunities among state agencies

518

and make recommendations for action to the Agency for Enterprise

519

Information Technology.

520

     (d) Assist the Agency for Enterprise Information Technology

521

in identifying critical enterprise information technology issues

522

and, when appropriate, make recommendations for solving

523

enterprise resource planning and management deficiencies.

524

     (2)(a) Members of The council shall be composed of: include

525

     1. The Agency Chief Information Officers;, including the

526

Chief Information Officers of the agencies and governmental

527

entities, except that there shall be one Chief Information

528

Officer selected by the state attorneys and one Chief Information

529

Officer selected by the public defenders.

530

     2. The executive director of the Agency for Enterprise

531

Information Technology;

532

     3. The director of the Division of Library and Information

533

Services; and

534

     4. The director of the Office of Open Government.

535

     (b) The council, by majority vote of the members present

536

and voting, a quorum being present, shall appoint a chair, vice

537

chair, and secretary from among its members to a 1-year term

538

each.

539

     (c)1. The council, by majority vote of the members present

540

and voting, a quorum being present, shall establish procedures

541

governing council business, which shall comply with the

542

requirements of s. 20.052 unless otherwise authorized by law. A

543

majority of the members constitutes a quorum, and the affirmative

544

vote of a majority of a quorum is necessary to take action.

545

     2. The council may meet at the call of its chair or at the

546

request of a majority of its membership, but the council must

547

meet at least quarterly. Meetings of the council may be held via

548

teleconference or other electronic means.

549

     (3) The Agency for Enterprise Information Technology shall

550

provide administrative support to the council is created to:.

551

     (a) Assist the Agency for Enterprise Information Technology

552

in:

553

     1. Defining the architecture standards for enterprise

554

information technology and developing implementation approaches

555

for statewide migration to those standards;

556

     2. Developing strategies for ensuring that the enterprise

557

information technology services established in law are

558

successfully implemented; and

559

     3. Developing recommendations for enterprise information

560

technology policy.

561

     (b) Annually recommend to the Agency for Enterprise

562

Information Technology critical issues concerning enterprise

563

information technology which the agency should consider for

564

inclusion in its work plan.

565

     (c) Assist agencies in complying with access standards for

566

public records.

567

     (d) Assist agencies in complying with record-retention and

568

archiving standards.

569

     (e) Annually report to the Governor, the President of the

570

Senate, and the Speaker of the House on opportunities for

571

interagency collaboration in providing government services where

572

such collaboration would improve the efficiency and effectiveness

573

of the service by using information technology to integrate those

574

services.

575

     (f) Assist the Department of Management Services in:

576

     1. Prescribing procedures for procuring information

577

technology and information technology consultant services as

578

provided in s. 287.042;

579

     2. Reviewing joint agreements with governmental agencies

580

for the purpose of pooling funds for the purchase of information

581

technology that can be used by multiple agencies as provided in

582

s. 287.042; and

583

     3. Developing standards to be used by an agency when

584

procuring information technology and contractual services to

585

ensure compliance with access requirements for public records and

586

records-retention and archiving requirements as provided in s.

587

287.042.

588

     (g) Recommend, in consultation with the Agency for

589

Enterprise Information Technology, a project-management

590

methodology for use by agencies. The council shall submit the

591

recommended project-management methodology and any proposed

592

policy for its implementation no later than December 15, 2008, to

593

the Governor, the President of the Senate, and the Speaker of the

594

House of Representatives. The recommended project-management

595

methodology must include, at a minimum:

596

     1. The identification of the phases of an information

597

technology project;

598

     2. Specific processes to be performed within each phase;

599

and

600

     3. Standard tasks that comprise each process.

601

602

     Section 13.  Section 282.322, Florida Statutes, is amended

603

to read:

604

     282.322  Special monitoring process for designated

605

information resources management projects.--

606

     (1) For each information resources management project which

607

is designated for special monitoring in the General

608

Appropriations Act, with a proviso requiring a contract with a

609

project monitor, the Technology Review Workgroup established

610

pursuant to s. 216.0446, in consultation with each affected

611

agency, shall be responsible for contracting with the project

612

monitor. Upon contract award, funds equal to the contract amount

613

shall be transferred to the Technology Review Workgroup upon

614

request and subsequent approval of a budget amendment pursuant to

615

s. 216.292. With the concurrence of the Legislative Auditing

616

Committee, the office of the Auditor General shall be the project

617

monitor for other projects designated for special monitoring.

618

However, nothing in this section precludes the Auditor General

619

from conducting such monitoring on any project designated for

620

special monitoring. In addition to monitoring and reporting on

621

significant communications between a contracting agency and the

622

appropriate federal authorities, the project monitoring process

623

shall consist of evaluating each major stage of the designated

624

project to determine whether the deliverables have been satisfied

625

and to assess the level of risks associated with proceeding to

626

the next stage of the project. The major stages of each

627

designated project shall be determined based on the agency's

628

information systems development methodology. Within 20 days after

629

an agency has completed a major stage of its designated project

630

or at least 90 days, the project monitor shall issue a written

631

report, including the findings and recommendations for correcting

632

deficiencies, to the agency head, for review and comment. Within

633

20 days after receipt of the project monitor's report, the agency

634

head shall submit a written statement of explanation or rebuttal

635

concerning the findings and recommendations of the project

636

monitor, including any corrective action to be taken by the

637

agency. The project monitor shall include the agency's statement

638

in its final report, which shall be forwarded, within 7 days

639

after receipt of the agency's statement, to the agency head, the

640

inspector general's office of the agency, the Executive Office of

641

the Governor, the appropriations committees of the Legislature,

642

the Joint Legislative Auditing Committee, the Technology Review

643

Workgroup, the President of the Senate, the Speaker of the House

644

of Representatives, and the Office of Program Policy Analysis and

645

Government Accountability. The Auditor General shall also receive

646

a copy of the project monitor's report for those projects in

647

which the Auditor General is not the project monitor.

648

     (1)(2) The Agency for Enterprise Information Technology

649

shall report on any information technology project that the

650

Legislature identifies as high-risk to the Executive Office of

651

the Governor, the President of the Senate, the Speaker of the

652

House of Representatives, and the chairs of the appropriations

653

committees.

654

     (2) Within the limits of current appropriations, The Agency

655

for Enterprise Information Technology shall monitor and report on

656

such high-risk information technology projects, and assess the

657

levels of risks associated with proceeding to the next stage of

658

the project.

659

660

     Section 14. Sections 282.801 through 282.8096, Florida

661

Statutes, are designated as part IV of chapter 282, Florida

662

Statutes.

663

     Section 15.  Section 282.801, Florida Statutes, is created

664

to read:

665

     282.801 Short title.--This part may be cited as the

666

"Communication Information Technology Services Act."

667

     Section 16.  Section 282.802, Florida Statutes, is created

668

to read:

669

     282.802 Definitions.--As used in this part, the term:

670

     (1) "Department" means the Department of Management

671

Services.

672

     (2) "Information technology" has the same meaning as

673

provided in s. 282.0041.

674

     (3) "Standards" has the same meaning as provided in s.

675

282.0041.

676

     (4) "Total cost" has the same meaning as provided in s.

677

282.0041.

678

     Section 17.  Section 282.102, Florida Statutes, is

679

transferred and renumbered as section 282.804, Florida Statutes,

680

to read:

681

     282.804 282.102 Powers and duties.--The Department of

682

Management Services shall have the following powers, duties, and

683

functions:

684

     (1)  To publish electronically the portfolio of services

685

available from the department, including pricing information; the

686

policies and procedures of the state communications network

687

governing usage of available services; and a forecast of the

688

priorities and initiatives for the state communications system

689

for the ensuing 2 years.

690

     (2)  To adopt technical standards for the state

691

communications network which will ensure the interconnection of

692

computer networks and information systems of agencies.

693

     (3)  To enter into agreements related to information

694

technology with state agencies and political subdivisions of the

695

state.

696

     (4)  To purchase from or contract with information

697

technology providers for information technology, including

698

private line services.

699

     (5)  To apply for, receive, and hold such authorizations,

700

patents, copyrights, trademarks, service marks, licenses, and

701

allocations or channels and frequencies to carry out the purposes

702

of this part.

703

     (6)  To purchase, lease, or otherwise acquire and to hold,

704

sell, transfer, license, or otherwise dispose of real, personal,

705

and intellectual property, including, but not limited to,

706

patents, trademarks, copyrights, and service marks.

707

     (7)  To cooperate with any federal, state, or local

708

emergency management agency in providing for emergency

709

communications services.

710

     (8)  To control and approve the purchase, lease, or

711

acquisition and the use of communications services provided as

712

part of any other total system to be used by the state or any of

713

its agencies.

714

     (9)  To adopt rules pursuant to ss. 120.536(1) and 120.54

715

relating to communications and to administer the provisions of

716

this part.

717

     (10)  To apply for and accept federal funds for any of the

718

purposes of this part as well as gifts and donations from

719

individuals, foundations, and private organizations.

720

     (11)  To monitor issues relating to communications

721

facilities and services before the Florida Public Service

722

Commission and, when necessary, prepare position papers, prepare

723

testimony, appear as a witness, and retain witnesses on behalf of

724

state agencies in proceedings before the commission.

725

     (12)  Unless delegated to the agencies by the department, to

726

manage and control, but not intercept or interpret,

727

communications within the SUNCOM Network by:

728

     (a)  Establishing technical standards to physically

729

interface with the SUNCOM Network.

730

     (b)  Specifying how communications are transmitted within

731

the SUNCOM Network.

732

     (c)  Controlling the routing of communications within the

733

SUNCOM Network.

734

     (d)  Establishing standards, policies, and procedures for

735

access to the SUNCOM Network.

736

     (e)  Ensuring orderly and reliable communications services

737

in accordance with the service level agreements executed with

738

state agencies.

739

     (13)  To plan, design, and conduct experiments for

740

communications services, equipment, and technologies, and to

741

implement enhancements in the state communications network when

742

in the public interest and cost-effective. Funding for such

743

experiments shall be derived from SUNCOM Network service revenues

744

and shall not exceed 2 percent of the annual budget for the

745

SUNCOM Network for any fiscal year or as provided in the General

746

Appropriations Act. New services offered as a result of this

747

subsection shall not affect existing rates for facilities or

748

services.

749

     (14)  To enter into contracts or agreements, with or without

750

competitive bidding or procurement, to make available, on a fair,

751

reasonable, and nondiscriminatory basis, property and other

752

structures under departmental control for the placement of new

753

facilities by any wireless provider of mobile service as defined

754

in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications

755

company as defined in s. 364.02 when it is determined to be

756

practical and feasible to make such property or other structures

757

available. The department may, without adopting a rule, charge a

758

just, reasonable, and nondiscriminatory fee for the placement of

759

the facilities, payable annually, based on the fair market value

760

of space used by comparable communications facilities in the

761

state. The department and a wireless provider or

762

telecommunications company may negotiate the reduction or

763

elimination of a fee in consideration of services provided to the

764

department by the wireless provider or telecommunications

765

company. All such fees collected by the department shall be

766

deposited directly into the Law Enforcement Radio Operating Trust

767

Fund, and may be used by the department to construct, maintain,

768

or support the system.

769

     Section 18.  Section 282.103, Florida Statutes, is

770

transferred, renumbered as section 282.805, Florida Statutes, and

771

amended to read:

772

     282.805 282.103 SUNCOM Network; exemptions from the

773

required use.--

774

     (1)  There is created within the Department of Management

775

Services the SUNCOM Network which shall be developed to serve as

776

the state communications system for providing local and long-

777

distance communications services to state agencies, political

778

subdivisions of the state, municipalities, state universities,

779

and nonprofit corporations pursuant to ss. 282.102-282.111. The

780

SUNCOM Network shall be developed to transmit all types of

781

communications signals, including, but not limited to, voice,

782

data, video, image, and radio. State agencies shall cooperate and

783

assist in the development and joint use of communications systems

784

and services.

785

     (2) The department State Technology Office shall design,

786

engineer, implement, manage, and operate through state ownership,

787

commercial leasing, or some combination thereof, the facilities

788

and equipment providing SUNCOM Network services, and shall

789

develop a system of equitable billings and charges for

790

communication services.

791

     (3)  All state agencies and state universities are required

792

to use the SUNCOM Network for agency and state university

793

communications services as the services become available;

794

however, no agency or university is relieved of responsibility

795

for maintaining communications services necessary for effective

796

management of its programs and functions. If a SUNCOM Network

797

service does not meet the communications requirements of an

798

agency or university, the agency or university shall notify the

799

department State Technology Office in writing and detail the

800

requirements for that communications service. If the department

801

office is unable to meet an agency's or university's requirements

802

by enhancing SUNCOM Network service, the department office may

803

grant the agency or university an exemption from the required use

804

of specified SUNCOM Network services.

805

     Section 19.  Section 282.104, Florida Statutes, is

806

transferred, renumbered as section 282.806, Florida Statutes, and

807

amended to read:

808

     282.806 282.104 Use of state SUNCOM Network by

809

municipalities.--Any municipality may request the department

810

State Technology Office to provide any or all of the SUNCOM

811

Network's portfolio of communications services upon such terms

812

and under such conditions as the office may establish. The

813

requesting municipality shall pay its share of installation and

814

recurring costs according to the published rates for SUNCOM

815

Network services and as invoiced by the department office. Such

816

municipality shall also pay for any requested modifications to

817

existing SUNCOM Network services, if any charges apply.

818

     Section 20.  Section 282.105, Florida Statutes, is

819

transferred, renumbered as section 282.807, Florida Statutes, and

820

amended to read:

821

     282.807 282.105 Use of state SUNCOM Network by nonprofit

822

corporations.--

823

     (1) The department State Technology Office shall provide a

824

means whereby private nonprofit corporations under contract with

825

state agencies or political subdivisions of the state may use the

826

state SUNCOM Network, subject to the limitations in this section.

827

In order to qualify to use the state SUNCOM Network, a nonprofit

828

corporation shall:

829

     (a)  Expend the majority of its total direct revenues for

830

the provision of contractual services to the state, a

831

municipality, or a political subdivision of the state; and

832

     (b)  Receive only a small portion of its total revenues from

833

any source other than a state agency, a municipality, or a

834

political subdivision of the state during the period of time

835

SUNCOM Network services are requested.

836

     (2)  Each nonprofit corporation seeking authorization to use

837

the state SUNCOM Network pursuant to this section shall provide

838

to the department office, upon request, proof of compliance with

839

subsection (1).

840

     (3)  Nonprofit corporations established pursuant to general

841

law and an association of municipal governments which is wholly

842

owned by the municipalities shall be eligible to use the state

843

SUNCOM Network, subject to the terms and conditions of the

844

department office.

845

     (4)  Institutions qualified to participate in the William L.

846

Boyd, IV, Florida Resident Access Grant Program pursuant to s.

847

1009.89 shall be eligible to use the state SUNCOM Network,

848

subject to the terms and conditions of the department office.

849

Such entities shall not be required to satisfy the other criteria

850

of this section.

851

     (5)  Private, nonprofit elementary and secondary schools

852

shall be eligible for rates and services on the same basis as

853

public schools, providing these nonpublic schools do not have an

854

endowment in excess of $50 million.

855

     Section 21.  Section 282.107, Florida Statutes, is

856

transferred and renumbered as section 282.808, Florida Statutes,

857

to read:

858

     282.808 282.107 SUNCOM Network; criteria for usage.--

859

     (1)  The Department of Management Services shall

860

periodically review the qualifications of subscribers using the

861

state SUNCOM Network and shall terminate services provided to any

862

facility not qualified pursuant to ss. 282.102-282.111 or rules

863

adopted hereunder. In the event of nonpayment of invoices by

864

subscribers whose SUNCOM Network invoices are paid from sources

865

other than legislative appropriations, such nonpayment represents

866

good and sufficient reason to terminate service.

867

     (2)  The Department of Management Services shall adopt rules

868

for implementing and operating the state SUNCOM Network, which

869

shall include its procedures for withdrawing and restoring

870

authorization to use the state SUNCOM Network. Such rules shall

871

provide a minimum of 30 days' notice to affected parties prior to

872

termination of voice communications service.

873

     (3)  Nothing in this section shall be construed to limit or

874

restrict the ability of the Florida Public Service Commission to

875

set jurisdictional tariffs of telecommunications companies.

876

     Section 22.  Section 282.109, Florida Statutes, is

877

transferred and renumbered as section 282.809, Florida Statutes,

878

to read:

879

     282.809 282.109 Emergency assumption of control.--In the

880

event of an emergency, the Governor may direct emergency

881

management assumption of control over all or part of the state

882

communications system.

883

     Section 23.  Section 282.1095, Florida Statutes, is

884

transferred, renumbered as s. 282.8095, Florida Statutes, and

885

amended to read:

886

     282.8095 282.1095 State agency law enforcement radio system

887

and interoperability network.--

888

     (1) The department State Technology Office may acquire and

889

implement a statewide radio communications system to serve law

890

enforcement units of state agencies, and to serve local law

891

enforcement agencies through mutual aid channels. The Joint Task

892

Force on State Agency Law Enforcement Communications is

893

established adjunct to in the department State Technology Office

894

to advise the department office of member-agency needs for the

895

planning, designing, and establishment of the joint system. The

896

State Agency Law Enforcement Radio System Trust Fund is

897

established in the department State Technology Office. The trust

898

fund shall be funded from surcharges collected under ss.

899

318.18(17), 320.0802 and 328.72.

900

     (2)(a)  The Joint Task Force on State Agency Law Enforcement

901

Communications shall consist of eight members, as follows:

902

     1.  A representative of the Division of Alcoholic Beverages

903

and Tobacco of the Department of Business and Professional

904

Regulation who shall be appointed by the secretary of the

905

department.

906

     2.  A representative of the Division of Florida Highway

907

Patrol of the Department of Highway Safety and Motor Vehicles who

908

shall be appointed by the executive director of the department.

909

     3.  A representative of the Department of Law Enforcement

910

who shall be appointed by the executive director of the

911

department.

912

     4.  A representative of the Fish and Wildlife Conservation

913

Commission who shall be appointed by the executive director of

914

the commission.

915

     5.  A representative of the Division of Law Enforcement of

916

the Department of Environmental Protection who shall be appointed

917

by the secretary of the department.

918

     6.  A representative of the Department of Corrections who

919

shall be appointed by the secretary of the department.

920

     7.  A representative of the Division of State Fire Marshal

921

of the Department of Financial Services who shall be appointed by

922

the State Fire Marshal.

923

     8.  A representative of the Department of Transportation who

924

shall be appointed by the secretary of the department.

925

     (b)  Each appointed member of the joint task force shall

926

serve at the pleasure of the appointing official. Any vacancy on

927

the joint task force shall be filled in the same manner as the

928

original appointment. Any joint task force member may, upon

929

notification to the chair prior to the beginning of any scheduled

930

meeting, appoint an alternative to represent the member on the

931

task force and vote on task force business in his or her absence.

932

     (c)  The joint task force shall elect a chair from among its

933

members to serve a 1-year term. A vacancy in the chair of the

934

joint task force must be filled for the remainder of the

935

unexpired term by an election of the joint task force members.

936

     (d)  The joint task force shall meet as necessary, but at

937

least quarterly, at the call of the chair and at the time and

938

place designated by him or her.

939

     (e)  The per diem and travel expenses incurred by a member

940

of the joint task force in attending its meetings and in

941

attending to its affairs shall be paid pursuant to s. 112.061,

942

from funds budgeted to the state agency that the member

943

represents.

944

     (f) The department State Technology Office is hereby

945

authorized to rent or lease space on any tower under its control.

946

The department office may also rent, lease, or sublease ground

947

space as necessary to locate equipment to support antennae on the

948

towers. The costs for use of such space shall be established by

949

the department office for each site, when it is determined to be

950

practicable and feasible to make space available. The department

951

office may refuse to lease space on any tower at any site. All

952

moneys collected by the department office for such rents, leases,

953

and subleases shall be deposited directly into the Law

954

Enforcement Radio Operating Trust Fund and may be used by the

955

department office to construct, maintain, or support the system.

956

     (g) The department State Technology Office is hereby

957

authorized to rent, lease, or sublease ground space on lands

958

acquired by the department office for the construction of

959

privately owned or publicly owned towers. The department office

960

may, as a part of such rental, lease, or sublease agreement,

961

require space on said tower or towers for antennae as may be

962

necessary for the construction and operation of the state agency

963

law enforcement radio system or any other state need. The

964

positions necessary for the department office to accomplish its

965

duties under this paragraph and paragraph (f) shall be

966

established in the General Appropriations Act and shall be funded

967

by the Law Enforcement Radio Operating Trust Fund or other

968

revenue sources.

969

     (h) The department State Technology Office may make the

970

mutual aid channels in the statewide radio communications system

971

available to federal agencies, state agencies, and agencies of

972

the political subdivisions of the state for the purpose of public

973

safety and domestic security. The department office shall

974

exercise its powers and duties, as specified in this chapter, to

975

plan, manage, and administer the mutual aid channels. The

976

department office shall, in implementing such powers and duties,

977

act in consultation and conjunction with the Department of Law

978

Enforcement and the Division of Emergency Management of the

979

Department of Community Affairs, and shall manage and administer

980

the mutual aid channels in a manner that reasonably addresses the

981

needs and concerns of the involved law enforcement agencies and

982

emergency response agencies and entities.

983

     (3)  Upon appropriation, moneys in the trust fund may be

984

used by the department office to acquire by competitive

985

procurement the equipment; software; and engineering,

986

administrative, and maintenance services it needs to construct,

987

operate, and maintain the statewide radio system. Moneys in the

988

trust fund collected as a result of the surcharges set forth in

989

ss. 318.18, 320.0802, and 328.72 shall be used to help fund the

990

costs of the system. Upon completion of the system, moneys in the

991

trust fund may also be used by the department office to provide

992

for payment of the recurring maintenance costs of the system.

993

     (4)(a) The department office shall, in conjunction with the

994

Department of Law Enforcement and the Division of Emergency

995

Management of the Department of Community Affairs, establish

996

policies, procedures, and standards which shall be incorporated

997

into a comprehensive management plan for the use and operation of

998

the statewide radio communications system.

999

     (b)  The joint task force, in consultation with the

1000

department office, shall have the authority to permit other state

1001

agencies to use the communications system, under terms and

1002

conditions established by the joint task force.

1003

     (5) The department office shall provide technical support

1004

to the joint task force and shall bear the overall responsibility

1005

for the design, engineering, acquisition, and implementation of

1006

the statewide radio communications system and for ensuring the

1007

proper operation and maintenance of all system common equipment.

1008

     (6)(a) The department State Technology Office may create

1009

and implement an interoperability network to enable

1010

interoperability between various radio communications

1011

technologies and to serve federal agencies, state agencies, and

1012

agencies of political subdivisions of the state for the purpose

1013

of public safety and domestic security. The department office

1014

shall, in conjunction with the Department of Law Enforcement and

1015

the Division of Emergency Management of the Department of

1016

Community Affairs, exercise its powers and duties pursuant to

1017

this chapter to plan, manage, and administer the interoperability

1018

network. The department office may:

1019

     1.  Enter into mutual aid agreements among federal agencies,

1020

state agencies, and political subdivisions of the state for the

1021

use of the interoperability network.

1022

     2.  Establish the cost of maintenance and operation of the

1023

interoperability network and charge subscribing federal and local

1024

law enforcement agencies for access and use of the network. The

1025

department State Technology Office may not charge state law

1026

enforcement agencies identified in paragraph (2)(a) to use the

1027

network.

1028

     3.  In consultation with the Department of Law Enforcement

1029

and the Division of Emergency Management of the Department of

1030

Community Affairs, amend and enhance the statewide radio

1031

communications system as necessary to implement the

1032

interoperability network.

1033

     (b) The department State Technology Office, in consultation

1034

with the Joint Task Force on State Agency Law Enforcement

1035

Communications, and in conjunction with the Department of Law

1036

Enforcement and the Division of Emergency Management of the

1037

Department of Community Affairs, shall establish policies,

1038

procedures, and standards to incorporate into a comprehensive

1039

management plan for the use and operation of the interoperability

1040

network.

1041

     Section 24.  Section 282.111, Florida Statutes, is

1042

transferred, renumbered as section 282.8096, Florida Statutes,

1043

and amended to read:

1044

     282.8096 282.111 Statewide system of regional law

1045

enforcement communications.--

1046

     (1)  It is the intent and purpose of the Legislature that a

1047

statewide system of regional law enforcement communications be

1048

developed whereby maximum efficiency in the use of existing radio

1049

channels is achieved in order to deal more effectively with the

1050

apprehension of criminals and the prevention of crime generally.

1051

To this end, all law enforcement agencies within the state are

1052

directed to provide the department State Technology Office with

1053

any information the department office requests for the purpose of

1054

implementing the provisions of subsection (2).

1055

     (2) The department State Technology Office is hereby

1056

authorized and directed to develop and maintain a statewide

1057

system of regional law enforcement communications. In formulating

1058

such a system, the department office shall divide the state into

1059

appropriate regions and shall develop a program that which shall

1060

include, but not be limited to, the following provisions:

1061

     (a)  The communications requirements for each county and

1062

municipality comprising the region.

1063

     (b)  An interagency communications provision which shall

1064

depict the communication interfaces between municipal, county,

1065

and state law enforcement entities which operate within the

1066

region.

1067

     (c)  Frequency allocation and use provision which shall

1068

include, on an entity basis, each assigned and planned radio

1069

channel and the type of operation, simplex, duplex, or half-

1070

duplex, on each channel.

1071

     (3) The department office shall adopt any necessary rules

1072

and regulations for implementing and coordinating the statewide

1073

system of regional law enforcement communications.

1074

     (4) The secretary of the department Chief Information

1075

Officer of the State Technology Office or his or her designee is

1076

designated as the director of the statewide system of regional

1077

law enforcement communications and, for the purpose of carrying

1078

out the provisions of this section, is authorized to coordinate

1079

the activities of the system with other interested state agencies

1080

and local law enforcement agencies.

1081

     (5)  No law enforcement communications system shall be

1082

established or present system expanded without the prior approval

1083

of the department State Technology Office.

1084

     (6)  Within the limits of its capability, the Department of

1085

Law Enforcement is encouraged to lend assistance to the

1086

department State Technology Office in the development of the

1087

statewide system of regional law enforcement communications

1088

proposed by this section.

1089

     Section 25.  Section 282.20, Florida Statutes, is

1090

transferred, renumbered as s. 282.901, Florida Statutes, and

1091

amended to read:

1092

     282.901 282.20 Technology Resource Center.--

1093

     (1)(a)  The Department of Management Services shall operate

1094

and manage the Technology Resource Center.

1095

     (b)  For the purposes of this section, the term:

1096

     1.  "Information-system utility" means a full-service

1097

information-processing facility offering hardware, software,

1098

operations, integration, networking, and consulting services.

1099

     2.  "Customer" means a state agency or other entity which is

1100

authorized to utilize the SUNCOM Network pursuant to this part.

1101

     (2)  The Technology Resource Center shall:

1102

     (a)  Serve customers as an information-system utility.

1103

     (b)  Cooperate with customers to offer, develop, and support

1104

a wide range of services and applications needed by users of the

1105

Technology Resource Center.

1106

     (c)  Cooperate with the Agency for Enterprise Information

1107

Technology to identify and facilitate interdepartmental

1108

networking and integration of network services for its customers.

1109

     (d)  Assist customers in testing and evaluating new and

1110

emerging technologies that could be used to meet the needs of the

1111

state.

1112

     (3)  The department may contract with customers to provide

1113

any combination of services necessary for agencies to fulfill

1114

their responsibilities and to serve their users.

1115

     (4)  The Technology Resource Center may plan, design,

1116

establish pilot projects for, and conduct experiments with

1117

information technology resources, and may implement enhancements

1118

in services when such implementation is cost-effective. Funding

1119

for experiments and pilot projects shall be derived from service

1120

revenues and may not exceed 5 percent of the service revenues for

1121

the Technology Resource Center for any single fiscal year. Any

1122

experiment, pilot project, plan, or design must be approved by

1123

the Agency for Enterprise Information Technology.

1124

     (5) Beginning in the 2007-2008 fiscal year and annually

1125

thereafter, The Technology Resource Center shall annually submit

1126

to the Agency for Enterprise Information Technology for its

1127

review a copy of its current and proposed services and service

1128

rates and cost allocation plan. When appropriate, The Agency for

1129

Enterprise Information Technology shall request review such plan

1130

and receive comment from the customers and the Information

1131

Technology Coordinating Council Agency Chief Information Officers

1132

Council concerning the center's current and proposed rate and

1133

services structure.

1134

     Section 26.  Section 282.21, Florida Statutes, is

1135

transferred, renumbered as section 282.902, Florida Statutes, and

1136

amended to read:

1137

     282.902 282.21 The Department of Management Service's State

1138

Technology Office's electronic access services.--The department

1139

State Technology Office may collect fees for providing remote

1140

electronic access pursuant to s. 119.07(2). The fees may be

1141

imposed on individual transactions or as a fixed subscription for

1142

a designated period of time. All fees collected under this

1143

section shall be deposited in the appropriate trust fund of the

1144

program or activity that made the remote electronic access

1145

available.

1146

     Section 27.  Section 282.22, Florida Statutes, is

1147

transferred, renumbered as section 282.903, Florida Statutes, and

1148

amended to read:

1149

     282.903 282.22 State Technology Office; Production,

1150

dissemination, and ownership of materials and products.--

1151

     (1)  It is the intent of the Legislature that when

1152

materials, products, information, and services are acquired or

1153

developed by or under the direction of the department State

1154

Technology Office, through research and development or other

1155

efforts, including those subject to copyright, patent, or

1156

trademark, they shall be made available for use by state and

1157

local government entities at the earliest practicable date and in

1158

the most economical and efficient manner possible and consistent

1159

with chapter 119.

1160

     (2) To accomplish this objective the department office is

1161

authorized to publish or partner with private sector entities to

1162

produce or have produced materials and products and to make them

1163

readily available for appropriate use. The office is authorized

1164

to charge an amount or receive value-added services adequate to

1165

cover the essential cost of producing and disseminating such

1166

materials, information, services, or products and is authorized

1167

to sell services.

1168

     (3)  In cases in which the materials or products are of such

1169

nature, or the circumstances are such, that it is not practicable

1170

or feasible for the department office to produce or have produced

1171

materials and products so developed, it is authorized, after

1172

review and approval by the Executive Office of the Governor, to

1173

license, lease, assign, sell, or otherwise give written consent

1174

to any person, firm, or corporation for the manufacture or use

1175

thereof, on a royalty basis, or for such other consideration as

1176

the department office shall deem proper and in the best interest

1177

of the state; the department office is authorized and directed to

1178

protect same against improper or unlawful use or infringement and

1179

to enforce the collection of any sums due for the manufacture or

1180

use thereof by any other party.

1181

     (4)  All proceeds from the sale of such materials and

1182

products or other money collected pursuant to this section shall

1183

be deposited into the Operating Trust Fund of the department

1184

office and, when properly budgeted as approved by the Legislature

1185

and the Executive Office of the Governor, used to pay the cost of

1186

producing and disseminating materials and products to carry out

1187

the intent of this section.

1188

     Section 28.  Paragraph (h) is added to subsection (3) of

1189

section 287.042, Florida Statutes, and paragraph (b) of

1190

subsection (4), paragraph (a) of subsection (15), and paragraph

1191

(b) of subsection (16) of that section are amended, to read:

1192

     287.042  Powers, duties, and functions.--The department

1193

shall have the following powers, duties, and functions:

1194

     (3)  To establish a system of coordinated, uniform

1195

procurement policies, procedures, and practices to be used by

1196

agencies in acquiring commodities and contractual services, which

1197

shall include, but not be limited to:

1198

     (h) The development, in consultation with the Information

1199

Technology Coordinating Council, of procedures to be used by

1200

state agencies when procuring information technology commodities

1201

and contractual services to ensure compliance with:

1202

     1. Public-records requirements; and

1203

     2. Records-retention and archiving requirements.

1204

     (4)

1205

     (b) To prescribe, in consultation with the Information

1206

Technology Coordinating Council State Technology Office,

1207

procedures for procuring information technology and information

1208

technology consultant services which provide for public

1209

announcement and qualification, competitive solicitations,

1210

contract award, and prohibition against contingent fees. Such

1211

procedures shall be limited to information technology consultant

1212

contracts for which the total project costs, or planning or study

1213

activities, are estimated to exceed the threshold amount provided

1214

for in s. 287.017, for CATEGORY TWO.

1215

     (15)(a)  To enter into joint agreements with governmental

1216

agencies, as defined in s. 163.3164(10), for the purpose of

1217

pooling funds for the purchase of commodities or information

1218

technology that can be used by multiple agencies. However, the

1219

department shall consult with the Information Technology

1220

Coordinating Council State Technology Office on joint agreements

1221

that involve the purchase of information technology. Agencies

1222

entering into joint purchasing agreements with the department or

1223

the State Technology Office shall authorize the department or the

1224

State Technology Office to contract for such purchases on their

1225

behalf.

1226

     (16)

1227

     (b)  For contracts pertaining to the provision of

1228

information technology, the department State Technology Office,

1229

in consultation with the Agency for Enterprise Information

1230

Technology department, shall assess the technological needs of a

1231

particular agency;, evaluate the contracts, and determine whether

1232

to enter into a written agreement with the letting federal,

1233

state, or political subdivision body to provide information

1234

technology for a particular agency; and evaluate contracts for

1235

information technology.

1236

     Section 29.  Subsection (23) of section 287.057, Florida

1237

Statutes, is amended to read:

1238

     287.057  Procurement of commodities or contractual

1239

services.--

1240

     (23)(a) The department, in consultation with the Agency for

1241

Enterprise Information Technology State Technology Office and the

1242

Comptroller, shall develop a program for online procurement of

1243

commodities and contractual services. To enable the state to

1244

promote open competition and to leverage its buying power,

1245

agencies shall participate in the online procurement program, and

1246

eligible users may participate in the program. Only vendors

1247

prequalified as meeting mandatory requirements and qualifications

1248

criteria shall be permitted to participate in online procurement.

1249

The department, in consultation with the agency State Technology

1250

Office, may contract for equipment and services necessary to

1251

develop and implement online procurement.

1252

     (b) The department, in consultation with the Agency for

1253

Enterprise Information Technology State Technology Office, shall

1254

adopt rules, pursuant to ss. 120.536(1) and 120.54, to administer

1255

the program for online procurement. The rules shall include, but

1256

not be limited to:

1257

     1.  Determining the requirements and qualification criteria

1258

for prequalifying vendors.

1259

     2.  Establishing the procedures for conducting online

1260

procurement.

1261

     3.  Establishing the criteria for eligible commodities and

1262

contractual services.

1263

     4.  Establishing the procedures for providing access to

1264

online procurement.

1265

     5.  Determining the criteria warranting any exceptions to

1266

participation in the online procurement program.

1267

     (c)1.  The department may impose and shall collect all fees

1268

for the use of the online procurement systems. The fees may be

1269

imposed on an individual transaction basis or as a fixed

1270

percentage of the cost savings generated. At a minimum, the fees

1271

must be set in an amount sufficient to cover the projected costs

1272

of the services, including administrative and project service

1273

costs in accordance with the policies of the department. All fees

1274

and surcharges collected under this paragraph shall be deposited

1275

in the Operating Trust Fund as provided by law.

1276

     2.  If the department contracts with a provider for online

1277

procurement, the department, pursuant to appropriation, shall

1278

compensate the provider from the fees after the department has

1279

satisfied all ongoing costs. The provider shall report

1280

transaction data to the department each month so that the

1281

department may determine the amount due and payable to the

1282

department from each vendor.

1283

     3.  All fees that are due and payable to the state on a

1284

transactional basis or as a fixed percentage of the cost savings

1285

generated are subject to s. 215.31 and must be remitted within 40

1286

days after receipt of payment for which the fees are due. For any

1287

fees that are not remitted within 40 days, the vendor shall pay

1288

interest at the rate established under s. 55.03(1) on the unpaid

1289

balance from the expiration of the 40-day period until the fees

1290

are remitted.

1291

     Section 30.  Subsection (4) of section 445.011, Florida

1292

Statutes, is amended to read:

1293

     445.011  Workforce information systems.--

1294

     (4)  Workforce Florida, Inc., shall coordinate development

1295

and implementation of workforce information systems with the

1296

executive director of the Agency for Enterprise Information

1297

Technology state's Chief Information Officer in the State

1298

Technology Office to ensure compatibility with the state's

1299

information system strategy and enterprise architecture.

1300

     Section 31.  Subsection (2) and paragraphs (a) and (b) of

1301

subsection (4) of section 445.045, Florida Statutes, are amended

1302

to read:

1303

     445.045  Development of an Internet-based system for

1304

information technology industry promotion and workforce

1305

recruitment.--

1306

     (2)  Workforce Florida, Inc., shall coordinate with the

1307

Agency for Enterprise Information Technology State Technology

1308

Office and the Agency for Workforce Innovation to ensure links,

1309

where feasible and appropriate, to existing job information

1310

websites maintained by the state and state agencies and to ensure

1311

that information technology positions offered by the state and

1312

state agencies are posted on the information technology website.

1313

     (4)(a)  Workforce Florida, Inc., shall coordinate

1314

development and maintenance of the website under this section

1315

with the executive director of the Agency for Enterprise

1316

Information Technology state's Chief Information Officer in the

1317

State Technology Office to ensure compatibility with the state's

1318

information system strategy and enterprise architecture.

1319

     (b)  Workforce Florida, Inc., may enter into an agreement

1320

with the Agency for Enterprise Information Technology State

1321

Technology Office, the Agency for Workforce Innovation, or any

1322

other public agency with the requisite information technology

1323

expertise for the provision of design, operating, or other

1324

technological services necessary to develop and maintain the

1325

website.

1326

     Section 32.  Subsection (2) of section 445.049, Florida

1327

Statutes, is amended to read:

1328

     445.049  Digital Divide Council.--

1329

     (2)  DIGITAL DIVIDE COUNCIL.--The Digital Divide Council is

1330

created in the Department of Education. The council shall consist

1331

of:

1332

     (a)  A representative from the information technology

1333

industry in this state appointed by the Governor.

1334

     (b)  The director of the Office of Tourism, Trade, and

1335

Economic Development in the Executive Office of the Governor.

1336

     (c)  The president of Workforce Florida, Inc.

1337

     (d)  The director of the Agency for Workforce Innovation.

1338

     (e)  The chair of itflorida.com, Inc.

1339

     (f)  The Commissioner of Education.

1340

     (g) The executive director of the Agency for Enterprise

1341

Information Technology.

1342

     (h) A representative of the information technology industry

1343

in this state appointed by the Speaker of the House of

1344

Representatives.

1345

     (i)(h) A representative of the information technology

1346

industry in this state appointed by the President of the Senate.

1347

     (j)(i) Two members of the House of Representatives, who

1348

shall be ex officio, nonvoting members of the council, appointed

1349

by the Speaker of the House of Representatives, one of whom shall

1350

be a member of the Republican Caucus and the other of whom shall

1351

be a member of the Democratic Caucus.

1352

     (k)(j) Two members of the Senate, who shall be ex officio,

1353

nonvoting members of the council, appointed by the President of

1354

the Senate, one of whom shall be a member of the Republican

1355

Caucus and the other of whom shall be a member of the Democratic

1356

Caucus.

1357

     Section 33.  Paragraph (b) of subsection (18) of section

1358

668.50, Florida Statutes, is amended to read:

1359

     668.50  Uniform Electronic Transaction Act.--

1360

     (18)  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY

1361

GOVERNMENTAL AGENCIES.--

1362

     (b)  To the extent that a governmental agency uses

1363

electronic records and electronic signatures under paragraph (a),

1364

the Agency for Enterprise Information Technology state technology

1365

office, in consultation with the Information Technology

1366

Coordinating Council and the governmental agency, giving due

1367

consideration to security, may specify:

1368

     1.  The manner and format in which the electronic records

1369

must be created, generated, sent, communicated, received, and

1370

stored and the systems established for those purposes.

1371

     2.  If electronic records must be signed by electronic

1372

means, the type of electronic signature required, the manner and

1373

format in which the electronic signature must be affixed to the

1374

electronic record, and the identity of, or criteria that must be

1375

met by, any third party used by a person filing a document to

1376

facilitate the process.

1377

     3.  Control processes and procedures as appropriate to

1378

ensure adequate preservation, disposition, integrity, security,

1379

confidentiality, and auditability of electronic records.

1380

     4.  Any other required attributes for electronic records

1381

which are specified for corresponding nonelectronic records or

1382

reasonably necessary under the circumstances.

1383

     Section 34.  Subsection (3) of section 943.08, Florida

1384

Statutes, is amended to read:

1385

     943.08  Duties; Criminal and Juvenile Justice Information

1386

Systems Council.--

1387

     (3) The council shall develop and approve a strategic

1388

long-range program plan and submit pursuant to the requirements

1389

set forth in s. 186.021. copies of the approved plan shall be

1390

transmitted, electronically or in writing, to the Executive

1391

Office of the Governor, the Speaker of the House of

1392

Representatives, the President of the Senate, and the council

1393

members.

1394

     Section 35.  Subsection (9) of section 1004.52, Florida

1395

Statutes, is amended to read:

1396

     1004.52  Community computer access grant program.--

1397

     (9) The institute, based upon guidance from the Digital

1398

Divide Council State Technology Office and the Department of

1399

Management Services state's Chief Information Officer, shall

1400

establish minimum requirements governing the specifications and

1401

capabilities of any computers purchased with funds awarded under

1402

this grant program.

1403

     Section 36.  This act shall take effect July 1, 2008.