Florida Senate - 2009             CONFERENCE COMMITTEE AMENDMENT
       Bill No. CS for SB 2574
       
       
       
       
       
       
                                Barcode 640248                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/08/2009 12:53 PM       .                                
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       The Conference Committee on CS for SB 2574 recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (7) of section 11.90, Florida
    7  Statutes, is amended to read:
    8         11.90 Legislative Budget Commission.—
    9         (7) The commission shall review information resources
   10  management needs identified in agency long-range program plans
   11  for consistency with the State Annual Report on Enterprise
   12  Resource Planning and Management and statewide policies adopted
   13  by the State Technology Office. The commission shall also review
   14  proposed budget amendments associated with information
   15  technology that involve more than one agency, that have an
   16  outcome that impacts another agency, or that exceed $500,000 in
   17  total cost over a 1-year period.
   18         Section 2. Section 14.204, Florida Statutes, is amended to
   19  read:
   20         14.204 Agency for Enterprise Information Technology.—The
   21  Agency for Enterprise Information Technology is created within
   22  the Executive Office of the Governor.
   23         (1) The head of the agency shall be the Governor and
   24  Cabinet.
   25         (2) The agency is shall be a separate budget entity and
   26  that is not subject to control, supervision, or direction by the
   27  Executive Office of the Governor in any manner, including, but
   28  not limited to, purchasing, transactions involving real or
   29  personal property, personnel, or budgetary matters.
   30         (3) The agency shall have an executive director who is the
   31  state’s Chief Information Officer and who must:
   32         (a) Have a degree from an accredited postsecondary
   33  institution;
   34         (b) Have at least 7 years of executive-level experience in
   35  managing information technology organizations; and
   36         (c) Be appointed by the Governor and confirmed by the
   37  Cabinet, subject to confirmation by the Senate, and serve at the
   38  pleasure of the Governor and Cabinet.; and
   39         (d) Be the chief information officer of the state.
   40         (4) The agency shall have the following duties and
   41  responsibilities:
   42         (a) Develop strategies for the design, delivery, and
   43  management of the enterprise information technology services
   44  established in law.
   45         (b) Monitor the delivery and management of the enterprise
   46  information technology services as established in law.
   47         (c) Make recommendations to the agency head and the
   48  Legislature concerning other information technology services
   49  that should be designed, delivered, and managed as enterprise
   50  information technology services as defined in s. 282.0041.
   51         (d) Plan and establish policies for managing proposed
   52  statutorily authorized enterprise information technology
   53  services, which includes:
   54         1. Developing business cases that, when applicable, include
   55  the components identified in s. 287.0574;
   56         2. Establishing and coordinating project-management teams;
   57         3. Establishing formal risk-assessment and mitigation
   58  processes; and
   59         4. Providing for independent monitoring of projects for
   60  recommended corrective actions.
   61         (e) Define the architecture standards for enterprise
   62  information technology services and develop implementation
   63  approaches for statewide migration to those standards.
   64         (e)(f)Beginning October 1, 2010, develop, and publish, and
   65  biennially update a long-term strategic enterprise information
   66  technology plan that identifies and recommends strategies and
   67  opportunities to improve the delivery of cost-effective and
   68  efficient for how enterprise information technology services to
   69  be proposed for establishment pursuant to s. 282.0056 will
   70  deliver effective and efficient government services to state
   71  residents and improve the operations of state agencies.
   72         (f)(g) Perform duties related to the state data center
   73  system as provided in s. 282.201.
   74         (g)(h) Coordinate procurement negotiations for hardware and
   75  software acquisition necessary to consolidate data center or
   76  computer facilities infrastructure.
   77         (h)(i) In consultation with the Division of Purchasing in
   78  the Department of Management Services, coordinate procurement
   79  negotiations for software that will be used by multiple
   80  agencies.
   81         (i)(j) In coordination with, and through the services of,
   82  the Division of Purchasing in the Department of Management
   83  Services, develop best practices for technology procurements.
   84         (5)The Office of Information Security shall be created
   85  within the agency. The agency shall designate a state Chief
   86  Information Security Officer who shall oversee the office and
   87  report directly to the executive director.
   88         (6)(5) The agency shall operate in a manner that ensures
   89  the participation and representation of state agencies and the
   90  Agency Chief Information Officers Council established in s.
   91  282.315.
   92         (7)(6) The agency may adopt rules pursuant to ss.
   93  120.536(1) and 120.54 to carry out its statutory duties.
   94         Section 3. Subsection (10) of section 20.315, Florida
   95  Statutes, is amended to read:
   96         20.315 Department of Corrections.—There is created a
   97  Department of Corrections.
   98         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—There shall be
   99  only one offender-based information and records computer system
  100  maintained by the Department of Corrections for the joint use of
  101  the department and the Parole Commission. This data system shall
  102  be is managed through the department’s Justice Data Center,
  103  which is hereby transferred to the department under this act
  104  pursuant to a type two transfer authorized under s. 20.06(2).
  105  The department shall develop and maintain, in consultation with
  106  the Criminal and Juvenile Justice Information Systems Council
  107  under s. 943.08, such offender-based information, including
  108  clemency administration information and other computer services
  109  system designed to serve the needs of both the department and
  110  the Parole Commission. The department shall notify the
  111  commission of all violations of parole and the circumstances
  112  thereof.
  113         Section 4. Paragraphs (e), (w), (x), and (y) of subsection
  114  (2) of section 110.205, Florida Statutes, are amended to read:
  115         110.205 Career service; exemptions.—
  116         (2) EXEMPT POSITIONS.—The exempt positions that are not
  117  covered by this part include the following:
  118         (e) The Chief Information Officer in the Agency for
  119  Enterprise Information Technology, deputy chief information
  120  officers, chief technology officers, and deputy chief technology
  121  officers in the State Technology Office. Unless otherwise fixed
  122  by law, the Agency for Enterprise Information Technology State
  123  Technology Office shall set the salary and benefits of this
  124  position these positions in accordance with the rules of the
  125  Senior Management Service.
  126         (w) All managers, supervisors, and confidential employees
  127  of the State Technology Office. The State Technology Office
  128  shall set the salaries and benefits of these positions in
  129  accordance with the rules established for the Selected Exempt
  130  Service.
  131         (w)(x) Managerial employees, as defined in s. 447.203(4),
  132  confidential employees, as defined in s. 447.203(5), and
  133  supervisory employees who spend the majority of their time
  134  communicating with, motivating, training, and evaluating
  135  employees, and planning and directing employees’ work, and who
  136  have the authority to hire, transfer, suspend, lay off, recall,
  137  promote, discharge, assign, reward, or discipline subordinate
  138  employees or effectively recommend such action, including all
  139  employees serving as supervisors, administrators, and directors.
  140  Excluded are employees also designated as special risk or
  141  special risk administrative support and attorneys who serve as
  142  administrative law judges pursuant to s. 120.65 or for hearings
  143  conducted pursuant to s. 120.57(1)(a). Additionally, registered
  144  nurses licensed under chapter 464, dentists licensed under
  145  chapter 466, psychologists licensed under chapter 490 or chapter
  146  491, nutritionists or dietitians licensed under part X of
  147  chapter 468, pharmacists licensed under chapter 465,
  148  psychological specialists licensed under chapter 491, physical
  149  therapists licensed under chapter 486, and speech therapists
  150  licensed under part I of chapter 468 are excluded, unless
  151  otherwise collectively bargained.
  152         (x)(y) All officers and employees of the Justice
  153  Administrative Commission, Office of the State Attorney, Office
  154  of the Public Defender, regional offices of capital collateral
  155  counsel, offices of criminal conflict and civil regional
  156  counsel, and Statewide Guardian Ad Litem Office, including the
  157  circuit guardian ad litem programs.
  158         Section 5. Section 282.003, Florida Statutes, is amended to
  159  read:
  160         282.003 Short title.—This part may be cited as the
  161  “Enterprise Information Technology Services Resources Management
  162  Act.”
  163         Section 6. Section 282.0041, Florida Statutes, is amended
  164  to read:
  165         282.0041 Definitions.—As used in this chapter For the
  166  purposes of this part, the term:
  167         (1) “Agency” has the same meaning as means those entities
  168  described in s. 216.011(1)(qq).
  169         (2) “Agency chief information officer” means the person
  170  employed appointed by the agency head to coordinate and manage
  171  the information technology functions and responsibilities
  172  applicable to that agency, and to participate and represent the
  173  agency in developing strategies for implementing enterprise
  174  information technology services established pursuant to this
  175  part, identified in law and to develop developing
  176  recommendations for enterprise information technology policy.
  177         (3) “Agency Chief Information Officers Council” means the
  178  council created in s. 282.315.
  179         (4) “Agency for Enterprise Information Technology” means
  180  the agency created in s. 14.204.
  181         (5) “Agency information technology service” means a service
  182  that directly helps an agency fulfill its statutory or
  183  constitutional responsibilities and policy objectives and is
  184  usually associated with the agency’s primary or core business
  185  functions.
  186         (6) “Annual budget meeting” means a meeting of the board of
  187  trustees of a primary data center to review data center usage to
  188  determine the apportionment of board members for the following
  189  fiscal year, review rates for each service provided, and
  190  determine any other required changes.
  191         (7)“Breach” has the same meaning as in s. 817.5681(4).
  192         (8)(7) “Business continuity plan” means a plan for disaster
  193  recovery which provides for the continued functioning of a
  194  primary data center during and after a disaster.
  195         (9)(8) “Computing facility” means agency space containing
  196  fewer than a total of 10 physical or logical servers, any of
  197  which supports a strategic or nonstrategic information
  198  technology service, as described in budget instructions
  199  developed pursuant to s. 216.023, but excluding single, logical
  200  server single-server installations that exclusively perform a
  201  utility function such as file and print servers.
  202         (10)(9) “Customer entity” means an entity that obtains
  203  services from a primary data center.
  204         (11)(10) “Data center” means agency space containing 10 or
  205  more physical or logical servers any of which supports a
  206  strategic or nonstrategic information technology service, as
  207  described in budget instructions developed pursuant to s.
  208  216.023.
  209         (12)“Department” means the Department of Management
  210  Services.
  211         (11) “Enterprise level” means all executive branch agencies
  212  created or authorized in statute to perform legislatively
  213  delegated functions.
  214         (13)(12) “Enterprise information technology service” means
  215  an information technology service that is used in all agencies
  216  or a subset of agencies and is established in law to be
  217  designed, delivered, and managed at the enterprise level.
  218         (14)(13) “E-mail, messaging, and calendaring service” means
  219  the enterprise information technology service that enables users
  220  to send, receive, file, store, manage, and retrieve electronic
  221  messages, attachments, appointments, and addresses.
  222         (15)(14) “Information-system utility” means a full-service
  223  information-processing facility offering hardware, software,
  224  operations, integration, networking, and consulting services.
  225         (16)(15) “Information technology” means equipment,
  226  hardware, software, firmware, programs, systems, networks,
  227  infrastructure, media, and related material used to
  228  automatically, electronically, and wirelessly collect, receive,
  229  access, transmit, display, store, record, retrieve, analyze,
  230  evaluate, process, classify, manipulate, manage, assimilate,
  231  control, communicate, exchange, convert, converge, interface,
  232  switch, or disseminate information of any kind or form.
  233         (17)(16) “Information technology policy” means statements
  234  that describe clear choices for how information technology will
  235  deliver effective and efficient government services to residents
  236  and improve state agency operations. A policy may relate to
  237  investments, business applications, architecture, or
  238  infrastructure. A policy describes its rationale, implications
  239  of compliance or noncompliance, the timeline for implementation,
  240  metrics for determining compliance, and the accountable
  241  structure responsible for its implementation.
  242         (18)(17) “Performance metrics” means the measures of an
  243  organization’s activities and performance.
  244         (19)(18) “Primary data center” means a state or nonstate
  245  agency data center that is a recipient entity for consolidation
  246  of nonprimary data centers and computing facilities. A primary
  247  data center may be authorized in law or designated by the Agency
  248  for Enterprise Information Technology pursuant to s. 282.201.
  249         (20)(19) “Project” means an endeavor that has a defined
  250  start and end point; is undertaken to create or modify a unique
  251  product, service, or result; and has specific objectives that,
  252  when attained, signify completion.
  253         (21)“Risk analysis” means the process of identifying
  254  security risks, determining their magnitude, and identifying
  255  areas needing safeguards.
  256         (22)(20) “Service level” means the key performance
  257  indicators (KPI) of an organization or service which must be
  258  regularly performed, monitored, and achieved.
  259         (23)(21) “Service-level agreement” means a written contract
  260  between a data center and a customer entity which specifies the
  261  scope of services provided, service level, the duration of the
  262  agreement, the responsible parties, and service costs. A
  263  service-level agreement is not a rule pursuant to chapter 120.
  264         (24)(22) “Standards” means required practices, controls,
  265  components, or configurations established by an authority the
  266  use of current, open, nonproprietary, or non-vendor-specific
  267  technologies.
  268         (25)“Threat” means any circumstance or event that may
  269  cause harm to the integrity, availability, or confidentiality of
  270  information technology resources.
  271         (26)(23) “Total cost” means all costs associated with
  272  information technology projects or initiatives, including, but
  273  not limited to, value of hardware, software, service,
  274  maintenance, incremental personnel, and facilities. Total cost
  275  of a loan or gift of information technology resources to an
  276  agency includes the fair market value of the resources; however,
  277  the total cost of loans or gifts of information technology to
  278  state universities to be used in instruction or research does
  279  not include fair market value.
  280         (27)(24) “Usage” means the billing amount charged by the
  281  primary data center, less any pass-through charges, to the
  282  customer entity.
  283         (28)(25) “Usage rate” means a customer entity’s usage or
  284  billing amount as a percentage of total usage.
  285         Section 7. Subsections (2) and (3) of section 282.0056,
  286  Florida Statutes, are amended to read:
  287         282.0056 Development of work plan; development of
  288  implementation plans; and policy recommendations.—
  289         (2) By December 31, 2009, The agency may shall develop, and
  290  submit to the President of the Senate, and the Speaker of the
  291  House of Representatives, and the Governor by October 1 of each
  292  year implementation plans for at least one of the following
  293  proposed enterprise information technology services to be
  294  established in law:
  295         (a) A shared or consolidated enterprise information
  296  technology service delivery and support model for the e-mail,
  297  messaging, and calendaring service.
  298         (b) Information security.
  299         (c) Consideration of a planned replacement cycle for
  300  computer equipment.
  301         (3) In developing policy recommendations and implementation
  302  plans for established and proposed enterprise information
  303  technology services, the agency shall describe the scope of
  304  operation, conduct costs and requirements analyses, conduct an
  305  inventory of all existing information technology resources that
  306  are associated with each service, and develop strategies and
  307  timeframes for statewide migration. For purposes of
  308  consolidating state-owned or state-operated computer rooms and
  309  data centers, the agency shall develop a migration plan for any
  310  consolidation effort.
  311         Section 8. Subsection (2), paragraph (c) of subsection (3),
  312  and subsection (4) of section 282.201, Florida Statutes, are
  313  amended to read:
  314         282.201 State data center system; agency duties and
  315  limitations.—A state data center system that includes all
  316  primary data centers, other nonprimary data centers, and
  317  computing facilities, and that provides an enterprise
  318  information technology service as defined in s. 282.0041, is
  319  established.
  320         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  321  The Agency for Enterprise Information Technology shall:
  322         (a) Collect and maintain information necessary for
  323  developing policies relating to the data center system,
  324  including, but not limited to, an inventory of facilities.
  325         (b) Annually approve cost-recovery mechanisms and rate
  326  structures for primary data centers which recover costs through
  327  charges to customer entities.
  328         (c) By December 31 of each year beginning in 2009, submit
  329  to the Legislature recommendations to improve the efficiency and
  330  effectiveness of computing services provided by state data
  331  center system facilities. Such recommendations may include, but
  332  need not be limited to:
  333         1. Policies for improving the cost-effectiveness and
  334  efficiency of the state data center system.
  335         2. Infrastructure improvements supporting the consolidation
  336  of facilities or preempting the need to create additional data
  337  centers center facilities or computing facilities.
  338         3. Standards for an objective, credible energy performance
  339  rating system that data center boards of trustees can use to
  340  measure state data center energy consumption and efficiency on a
  341  biannual basis.
  342         4. Uniform disaster recovery standards.
  343         5. Standards for primary data centers providing transparent
  344  financial data to user agencies.
  345         6. Consolidation of contract practices or coordination of
  346  software, hardware, or other technology-related procurements.
  347         7. Improvements to data center governance structures.
  348         (d) By October 1 December 31 of each year beginning in
  349  2009, recommend to the Governor and Legislature identify at
  350  least two nonprimary data centers or computing facilities for
  351  consolidation into a primary data center or nonprimary data
  352  center facility.
  353         1. The consolidation proposal must provide a transition
  354  plan that includes:, including
  355         a. Estimated transition costs for each data center or
  356  computing facility recommended for consolidation;,
  357         b.Detailed timeframes for the complete transition of each
  358  data center or computing facility recommended for
  359  consolidation;,
  360         c. Proposed recurring and nonrecurring fiscal impacts,
  361  including increased or decreased costs and associated budget
  362  impacts for affected budget entities; budgetary savings, and
  363         d. Substantive legislative changes necessary to implement
  364  the transition.
  365         e.Identification of computing resources to be transferred
  366  and those that will remain in the agency. The transfer of
  367  resources must include all hardware, software, staff, contracted
  368  services, and facility resources performing data center
  369  management and operations, security, backup and recovery,
  370  disaster recovery, system administration, database
  371  administration, system programming, job control, production
  372  control, print, storage, technical support, help desk, and
  373  managed services but excluding application development.
  374         2.1. Recommendations shall be based on the goal of
  375  maximizing current and future cost savings. The agency shall
  376  consider the following criteria in selecting consolidations that
  377  maximize efficiencies by providing the ability to:
  378         a. Consolidate purchase decisions;
  379         b. Leverage expertise and other resources to gain economies
  380  of scale;
  381         c. Implement state information technology policies more
  382  effectively;
  383         d. Maintain or improve the level of service provision to
  384  customer entities; and
  385         e. Make progress towards the state’s goal of consolidating
  386  data centers and computing facilities into primary data centers.
  387         3.2. The agency shall establish workgroups as necessary to
  388  ensure participation by affected agencies in the development of
  389  recommendations related to consolidations.
  390         (e)3. By December 31, 2010, the agency shall develop and
  391  submit to the Legislature an overall consolidation plan for
  392  state data centers and computing facilities. The plan shall
  393  indicate a timeframe for the consolidation of all remaining
  394  nonprimary data centers facilities into primary data centers,
  395  including existing and proposed primary data centers, by 2019.
  396         4.This paragraph expires July 1, 2017.
  397         (f)(e) Develop and establish rules policies by rule
  398  relating to the operation of the state data center system which
  399  must comply with applicable federal regulations, including 2
  400  C.F.R. part 225 and 45 C.F.R. The rules policies may address:
  401         1. Ensuring that financial information is captured and
  402  reported consistently and accurately.
  403         2. Requiring the establishment of service-level agreements
  404  executed between a data center and its customer entities for
  405  services provided.
  406         3. Requiring annual full cost recovery on an equitable
  407  rational basis. The cost-recovery methodology must ensure that
  408  no service is subsidizing another service and may include
  409  adjusting the subsequent year’s rates as a means to recover
  410  deficits or refund surpluses from a prior year.
  411         4. Requiring that any special assessment imposed to fund
  412  expansion is based on a methodology that apportions the
  413  assessment according to the proportional benefit to each
  414  customer entity.
  415         5. Requiring that rebates be given when revenues have
  416  exceeded costs, that rebates be applied to offset charges to
  417  those customer entities that have subsidized the costs of other
  418  customer entities, and that such rebates may be in the form of
  419  credits against future billings.
  420         6. Requiring that all service-level agreements have a
  421  contract term of up to 3 years, but may include an option to
  422  renew for up to 3 additional years contingent on approval by the
  423  board, and require at least a 180-day notice of termination.
  424         7. Designating any nonstate data centers as primary data
  425  centers if the center:
  426         a. Has an established governance structure that represents
  427  customer entities proportionally.
  428         b. Maintains an appropriate cost-allocation methodology
  429  that accurately bills a customer entity based on the actual
  430  direct and indirect costs to the customer entity, and prohibits
  431  the subsidization of one customer entity’s costs by another
  432  entity.
  433         c. Has sufficient raised floor space, cooling, redundant
  434  power capacity, including uninterruptible power supply and
  435  backup power generation, to accommodate the computer processing
  436  platforms and support necessary to host the computing
  437  requirements of additional customer entities.
  438         8.Removing nonstate data centers from primary data center
  439  designation if the nonstate data center fails to meet standards
  440  necessary to ensure that the state’s data is maintained pursuant
  441  to subparagraph 7.
  442         (3) STATE AGENCY DUTIES.—
  443         (c) The chief information officer of each state agency
  444  shall assist the Agency for Enterprise Information Technology at
  445  the request of as required by the Agency for Enterprise
  446  Information Technology agency.
  447         (4) AGENCY LIMITATIONS.—
  448         (a) Unless authorized by the Legislature or as provided in
  449  paragraphs (b) and (c) paragraph (b), a state agency may not:
  450         1. Create a new computing facility or data center, or
  451  expand the capability to support additional computer equipment
  452  in an existing computing facility or nonprimary data center;
  453         2. Transfer existing computer services to a nonprimary data
  454  center or computing facility;
  455         3. Terminate services with a primary data center or
  456  transfer services between primary data centers without giving
  457  written notice of intent to terminate or transfer services 180
  458  days before such termination or transfer; or
  459         4. Initiate a new computer service if it does not currently
  460  have an internal data center except with a primary data center.
  461         (b) Exceptions to the limitations in subparagraphs (a)1.,
  462  2., and 4. paragraph (a) may be granted by the agency head of
  463  the Agency for Enterprise Information Technology if there is
  464  insufficient capacity in a primary data center to absorb the
  465  workload associated with agency computing services.
  466         1.A request for an exception must be submitted in writing
  467  to the Agency for Enterprise Information Technology. The agency
  468  must accept, accept with conditions, or deny the request within
  469  60 days after receipt of the written request. The agency’s
  470  decision is not subject to chapter 120.
  471         2.At a minimum, the agency may not approve a request
  472  unless it includes:
  473         a.Documentation approved by the primary data center’s
  474  board of trustees which confirms that the center cannot meet the
  475  capacity requirements of the agency requesting the exception
  476  within the current fiscal year.
  477         b.A description of the capacity requirements of the agency
  478  requesting the exception.
  479         c.Documentation from the agency demonstrating why it is
  480  critical to the agency’s mission that the expansion or transfer
  481  must be completed within the fiscal year rather than when
  482  capacity is established at a primary data center.
  483         (c)Exceptions to subparagraph (a)3. may be granted by the
  484  board of trustees of the primary data center if the termination
  485  or transfer of services can be absorbed within the current cost
  486  allocation plan.
  487         (d)Upon the termination of or transfer of agency computing
  488  services from the primary data center, the primary data center
  489  shall require information sufficient to determine compliance
  490  with this section. If a primary data center determines that an
  491  agency is in violation of this section, it shall report the
  492  violation to the Agency for Enterprise Information Technology.
  493         Section 9. Paragraph (j) is added to subsection (1) of
  494  section 282.203, Florida Statutes, subsection (2) of that
  495  section is amended, and paragraph (j) is added to subsection (3)
  496  of that section, to read:
  497         282.203 Primary data centers.—
  498         (1) DATA CENTER DUTIES.—Each primary data center shall:
  499         (j)Be the custodian of resources and equipment that are
  500  located, operated, supported, and managed by the center for the
  501  purposes of chapter 273.
  502         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  503  headed by a board of trustees as defined in s. 20.03.
  504         (a) The members of the board shall be appointed by the
  505  agency head or chief executive officer of the representative
  506  customer entities of the primary data center and shall serve at
  507  the pleasure of the appointing customer entity. The initial
  508  appointments of members shall be made as soon as practicable,
  509  but not later than July 1, 2008.
  510         1. For each of the first 2 fiscal years that a center is in
  511  operation, membership shall be apportioned as provided in
  512  subparagraph 3. based on projected customer entity usage rates
  513  for the fiscal operating year of the primary data center.
  514  However, at a minimum:
  515         a. During the Southwood Shared Resource Center’s first 2
  516  operating years, the Department of Transportation, the
  517  Department of Highway Safety and Motor Vehicles, the Department
  518  of Health, and the Department of Revenue must each have at least
  519  one trustee.
  520         b. During the Northwood Shared Resource Center’s first
  521  operating year, the Department of State and the Department of
  522  Education must each have at least one trustee.
  523         2. After the second full year of operation, membership
  524  shall be apportioned as provided in subparagraph 3. based on the
  525  most recent estimate of customer entity usage rates for the
  526  prior year and a projection of usage rates for the first 9
  527  months of the next fiscal year. Such calculation must be
  528  completed before the annual budget meeting held before the
  529  beginning of the next fiscal year so that any decision to add or
  530  remove board members can be voted on at the budget meeting and
  531  become effective on July 1 of the subsequent fiscal year.
  532         3. Each customer entity that has a projected usage rate of
  533  4 percent or greater during the fiscal operating year of the
  534  primary data center shall have one trustee on the board.
  535  Membership shall be apportioned using the following criteria:
  536         4.The total number of votes for each trustee shall be
  537  apportioned as follows:
  538         a. Customer entities of a primary data center whose usage
  539  rate represents 4 but less than 15 to 14 percent of total usage
  540  shall have one vote trustee.
  541         b. Customer entities of a primary data center whose usage
  542  rate represents 15 but less than 30 to 29 percent of total usage
  543  shall have two votes trustees.
  544         c. Customer entities of a primary data center whose usage
  545  rate represents 30 but less than 50 to 49 percent of total usage
  546  shall have three votes trustees.
  547         d. A customer entity of a primary data center whose usage
  548  rate represents 50 percent or more of total usage shall have
  549  four votes trustees.
  550         e. A single trustee having one vote shall represent those
  551  customer entities that represent less than 4 percent of the
  552  total usage. The trustee shall be selected by a process
  553  determined by the board.
  554         f. The executive director of the Agency for Enterprise
  555  Information Technology shall serve as a voting member of the
  556  board.
  557         (b) Before July 1 of each year, each board of trustees of a
  558  primary data center shall elect a chair and a vice chair to a
  559  term of 1 year or until a successor is elected. The vice chair
  560  shall serve in the absence of the chair. The vice chair may not
  561  be from the same customer entity as the chair. The chair may be
  562  elected to serve one additional successive term.
  563         (c) Members of the board representing customer entities who
  564  fail to timely pay for data center services do not have voting
  565  rights.
  566         (d) The board shall take action by majority vote. If there
  567  is a tie, the chair shall be on the prevailing side.
  568         (e)The executive director of the Agency for Enterprise
  569  Information Technology shall be the advisor to the board.
  570         (f)To facilitate planned data center consolidations, board
  571  membership may be adjusted as provided in the General
  572  Appropriations Act.
  573         (3) BOARD DUTIES.—Each board of trustees of a primary data
  574  center shall:
  575         (j)Maintain the capabilities of the primary data center’s
  576  facilities. Maintenance responsibilities include, but are not
  577  limited to, ensuring that adequate conditioned floor space, fire
  578  suppression, cooling, and power is in place; replacing aging
  579  equipment when necessary; and making decisions related to data
  580  center expansion and renovation, periodic upgrades, and
  581  improvements that are required to ensure the ongoing suitability
  582  of the facility as an enterprise data center consolidation site
  583  in the state data center system. To the extent possible, the
  584  board shall ensure that its approved annual cost-allocation plan
  585  recovers sufficient funds from its customers to provide for
  586  these needs pursuant to s. 282.201(2)(e).
  587         Section 10. Section 282.204, Florida Statutes, is amended
  588  to read:
  589         282.204 Northwood Shared Resource Center.—
  590         (1) Beginning July 1, 2008, A workgroup shall be
  591  established within the Department of Children and Family
  592  Services for the purpose of developing a plan for converting its
  593  data center to a primary data center.
  594         (a) The workgroup shall be chaired by a member appointed by
  595  the secretary of the department. Workgroup members may include
  596  other state agencies who will be customers of the data center
  597  during the 2009-2010 fiscal year. The workgroup shall include
  598  staff members who have appropriate financial and technical
  599  skills as determined by the chair of the workgroup.
  600         (b) The conversion plan shall address organizational
  601  changes, personnel changes, cost-allocation plan changes, and
  602  any other changes necessary to effectively convert to a primary
  603  state data center capable of providing computer services as
  604  required by s. 282.201.
  605         (c) The workgroup shall submit recommendations for
  606  facilitating the conversion to the Governor and Cabinet, the
  607  President of the Senate, and the Speaker of the House of
  608  Representatives by December 31, 2008.
  609         (2) Effective July 1, 2009, The Northwood Shared Resource
  610  Center is an agency is established within the Department of
  611  Children and Family Services for administrative purposes only.
  612         (a) The center is designated as a primary data center and
  613  shall be a separate budget entity that is not subject to
  614  control, supervision, or direction of the department in any
  615  manner, including, but not limited to, purchasing, transactions
  616  involving real or personal property, personnel, or budgetary
  617  matters.
  618         (b)(3) The center shall be headed by a board of trustees as
  619  provided in s. 282.203, who shall comply with all requirements
  620  of that section related to the operation of the center and with
  621  the rules policies of the Agency for Enterprise Information
  622  Technology related to the design and delivery of enterprise
  623  information technology services. The secretary of the department
  624  may appoint a temporary board chair for the purpose of convening
  625  the board of trustees, selecting a chair, and determining board
  626  membership.
  627         (3)The Department of Children and Family Services and the
  628  center shall identify resources associated with information
  629  technology functions which are not related to the support,
  630  management, and operation of the data center but which currently
  631  exist within the same budget entity as the data center. By
  632  October 1, 2009, the center shall submit a budget amendment to
  633  transfer resources associated with these functions to the
  634  department.
  635         Section 11. Section 282.205, Florida Statutes, is amended
  636  to read:
  637         282.205 Southwood Shared Resource Center.—
  638         (1) Effective July 1, 2008, The Southwood Shared Resource
  639  Center is an agency established within the department of
  640  Management Services for administrative purposes only.
  641         (1) The center is designated as a primary data center and
  642  shall be a separate budget entity that is not subject to
  643  control, supervision, or direction of the department in any
  644  manner, including, but not limited to, purchasing, transactions
  645  involving real or personal property, personnel, or budgetary
  646  matters.
  647         (2) The Department of Management Services and the center
  648  shall identify resources associated with information technology
  649  functions which are not related to the support, management, and
  650  operation of the data center but which currently exist within
  651  the same budget entity as the data center. By October 1, 2008,
  652  the center shall submit a budget amendment to transfer resources
  653  associated with these functions to the Department of Management
  654  Services.
  655         (2)(3) The center shall be headed by a board of trustees as
  656  provided in s. 282.203, who shall comply with all requirements
  657  of that section related to the operation of the center and with
  658  the rules policies of the Agency for Enterprise Information
  659  Technology related to the design and delivery of enterprise
  660  information technology services.
  661         Section 12. Section 282.318, Florida Statutes, is amended
  662  to read:
  663         282.318 Security of data and information technology
  664  resources.—
  665         (1) This section may be cited as the “Enterprise Security
  666  of Data and Information Technology Infrastructure Act.”
  667         (2)Information technology security is established as an
  668  enterprise information technology service as defined in s.
  669  287.0041.
  670         (3)(2)(a) The Office of Information Security within the
  671  Agency for Enterprise Information Technology, in consultation
  672  with each agency head, is responsible for establishing rules and
  673  publishing guidelines assessing and recommending minimum
  674  operating procedures for ensuring an appropriate adequate level
  675  of security for all data and information technology resources
  676  for executive branch agencies created or authorized in statute
  677  to perform legislatively delegated functions. The office shall
  678  also perform the following duties and responsibilities:
  679         (a)Develop, and annually update by February 1, an
  680  enterprise information security strategic plan that includes
  681  security goals and objectives for the strategic issues of
  682  information security policy, risk management, training, incident
  683  management, and survivability planning.
  684         (b)Develop enterprise security rules and published
  685  guidelines for:
  686         1.Comprehensive risk analyses and information security
  687  audits conducted by state agencies.
  688         2.Responding to suspected or confirmed information
  689  security incidents, including suspected or confirmed breaches of
  690  personal information or exempt data.
  691         3.Agency security plans, including strategic security
  692  plans and security program plans.
  693         4.The recovery of information technology and data
  694  following a disaster.
  695         5.The managerial, operational, and technical safeguards
  696  for protecting state government data and information technology
  697  resources.
  698         (c)Assist agencies in complying with the provisions of s.
  699  282.318.
  700         (d)Pursue appropriate funding for the purpose of enhancing
  701  domestic security.
  702         (e)Provide training for agency information security
  703  managers.
  704         (f)Annually review the strategic and operational
  705  information security plans of executive branch agencies.
  706         (4) To assist the Office of Information Security agency in
  707  carrying out its responsibilities this responsibility, each
  708  agency head shall, at a minimum:
  709         (a)1. Designate an information security manager to who
  710  shall administer the security program of the agency for its data
  711  and information technology resources. This designation must be
  712  provided annually in writing to the office by January 1.
  713         (b)Submit to the office annually by July 31, the agency’s
  714  strategic and operational information security plans developed
  715  pursuant to the rules and guidelines established by the office.
  716         1.The agency strategic information security plan must
  717  cover a 3-year period and define security goals, intermediate
  718  objectives, and projected agency costs for the strategic issues
  719  of agency information security policy, risk management, security
  720  training, security incident response, and survivability. The
  721  plan must be based on the enterprise strategic information
  722  security plan created by the office. Additional issues may be
  723  included.
  724         2.The agency operational information security plan must
  725  include a progress report for the prior operational information
  726  security plan and a project plan that includes activities,
  727  timelines, and deliverables for security objectives that,
  728  subject to current resources, the agency will implement during
  729  the current fiscal year. The cost of implementing the portions
  730  of the plan which cannot be funded from current resources must
  731  be identified in the plan.
  732         (c)2. Conduct, and update every 3 years, a comprehensive
  733  risk analysis to determine the security threats to the data,
  734  information, and information technology resources of the agency.
  735  The risk analysis information is confidential and exempt from
  736  the provisions of s. 119.07(1), except that such information
  737  shall be available to the Auditor General and the Agency for
  738  Enterprise Information Technology for in performing postauditing
  739  duties.
  740         (d)3. Develop, and periodically update, written internal
  741  policies and procedures, which shall include procedures for
  742  notifying the office Agency for Enterprise Information
  743  Technology when a suspected or confirmed breach, or an
  744  information security incident, occurs or data is compromised.
  745  Such policies and procedures must be consistent with the rules
  746  and guidelines established standard operating procedures adopted
  747  by the office Agency for Enterprise Information Technology in
  748  order to ensure the security of the data, information, and
  749  information technology resources of the agency. The internal
  750  policies and procedures that, if disclosed, could facilitate the
  751  unauthorized modification, disclosure, or destruction of data or
  752  information technology resources are confidential information
  753  and exempt from the provisions of s. 119.07(1), except that such
  754  information shall be available to the Auditor General and the
  755  Agency for Enterprise Information Technology for in performing
  756  postauditing duties.
  757         (e)4. Implement appropriate cost-effective safeguards to
  758  address reduce, eliminate, or recover from the identified risks
  759  to the data, information, and information technology resources
  760  of the agency.
  761         (f)5. Ensure that periodic internal audits and evaluations
  762  of the agency’s security program for the data, information, and
  763  information technology resources of the agency are conducted.
  764  The results of such internal audits and evaluations are
  765  confidential information and exempt from the provisions of s.
  766  119.07(1), except that such information shall be available to
  767  the Auditor General and the Agency for Enterprise Information
  768  Technology for in performing postauditing duties.
  769         (g)6. Include appropriate security requirements in the
  770  written specifications for the solicitation of information
  771  technology and information technology resources and services,
  772  which are consistent with the rules and guidelines established
  773  standard security operating procedures adopted by the office
  774  Agency for Enterprise Information Technology.
  775         (h)Provide security awareness training to employees and
  776  users of the agency’s communication and information resources
  777  concerning information security risks and the responsibility of
  778  employees and users to comply with policies, standards,
  779  guidelines, and operating procedures adopted by the agency to
  780  reduce those risks.
  781         (i)Develop a process for detecting, reporting, and
  782  responding to suspected or confirmed security incidents,
  783  including suspected or confirmed breaches consistent with the
  784  security rules and guidelines established by the office.
  785         1.Suspected or confirmed information security incidents
  786  and breaches must be immediately reported to the office.
  787         2.For incidents involving breaches, agencies shall provide
  788  notice in accordance with s. 817.5681 and to the office in
  789  accordance with this subsection.
  790         (5)(b)Each In those instances under this subsection in
  791  which the state agency or department develops state contracts,
  792  the state agency or department shall include appropriate
  793  security requirements in the specifications for the solicitation
  794  of for state contracts for procuring information technology or
  795  information technology resources or services which are
  796  consistent with the rules and guidelines established by the
  797  Office of Information Security.
  798         (3) The Agency for Enterprise Information Technology shall
  799  designate a chief information security officer.
  800         (4) The Agency for Enterprise Information Technology shall
  801  develop standards and templates for conducting comprehensive
  802  risk analyses and information security audits by state agencies,
  803  assist agencies in their compliance with the provisions of this
  804  section, pursue appropriate funding provided for the purpose of
  805  enhancing domestic security, establish minimum guidelines and
  806  procedures for the recovery of information technology following
  807  a disaster, and provide training for agency information security
  808  managers. Standards, templates, guidelines, and procedures shall
  809  be published annually, no later than September 30 each year, to
  810  enable agencies to incorporate them in their planning for the
  811  following fiscal year.
  812         (6)(5) The Agency for Enterprise Information Technology may
  813  adopt rules pursuant to ss. 120.536(1) and 120.54 relating to
  814  information security and to administer the provisions of this
  815  section.
  816         (7)By December 31, 2010, the Agency for Enterprise
  817  Information Technology shall develop, and submit to the
  818  Governor, the President of the Senate, and the Speaker of the
  819  House of Representatives a proposed implementation plan for
  820  information technology security. The agency shall describe the
  821  scope of operation, conduct costs and requirements analyses,
  822  conduct an inventory of all existing security information
  823  technology resources, and develop strategies, timeframes, and
  824  resources necessary for statewide migration.
  825         Section 13. Paragraph (b) of subsection (2) of section
  826  282.33, Florida Statutes, is amended to read:
  827         282.33 Objective standards for data center energy
  828  efficiency.—
  829         (2) State shared resource data centers and other data
  830  centers that the Agency for Enterprise Information Technology
  831  has determined will be recipients for consolidating data
  832  centers, which are designated by the Agency for Enterprise
  833  Information Technology, shall evaluate their data center
  834  facilities for energy efficiency using the standards established
  835  in this section.
  836         (b) By December 31, 2010, and biennially biannually
  837  thereafter, the Agency for Enterprise Information Technology
  838  shall submit to the Legislature recommendations for reducing
  839  energy consumption and improving the energy efficiency of state
  840  primary data centers.
  841         Section 14. Section 282.34, Florida Statutes, is created to
  842  read:
  843         282.34Statewide e-mail system.—A state e-mail system that
  844  includes the service delivery and support for a statewide e
  845  mail, messaging, and calendaring service is established as an
  846  enterprise information technology service as defined in s.
  847  282.0041. The service shall be designed to meet the needs of all
  848  executive branch agencies and reduce the current cost of
  849  operation and support.
  850         (1)The Southwood Shared Resource Center, a primary data
  851  center, shall be the provider of the statewide e-mail system.
  852  The center shall centrally host, manage, and operate the e-mail
  853  system.
  854         (2)By December 31, 2009, the Agency for Enterprise
  855  Information Technology shall submit a proposed plan for the
  856  establishment of the e-mail system to the Governor, the
  857  President of the Senate, and the Speaker of the House of
  858  Representatives. The plan shall be developed to reduce costs to
  859  the state and include, at a minimum:
  860         (a)An analysis of the in-house and external sourcing
  861  options that should be considered for delivery and support of
  862  the service. The analysis shall include an internally hosted
  863  system option, an externally sourced system option, and, if
  864  necessary, a combined in-house and externally sourced option.
  865         (b)A cost-benefit analysis that estimates all major cost
  866  elements associated with each sourcing option, including the
  867  nonrecurring and recurring costs of each option. The analysis
  868  must also include a comparison of the total cost of each
  869  enterprise e-mail sourcing option and the total cost of existing
  870  e-mail services in order to determine the level of savings that
  871  can be expected.
  872         (c)Estimated expenditures for each state agency associated
  873  with e-mail costs for the 2009-2010 fiscal year.
  874         (d)The plan must identify any existing e-mail
  875  infrastructure that should be considered for reuse.
  876         (e)A concise analysis of the ability of each sourcing
  877  option to meet major system requirements, including federal and
  878  state requirements for confidentiality, privacy, security, and
  879  records retention.
  880         (f)A complete description of the scope of functionality,
  881  operations, and required resources associated with each sourcing
  882  option.
  883         (g)Recommendations for standardizing the format of state
  884  e-mail addresses.
  885         (h)A reliable schedule for the decommissioning of all
  886  state agency e-mail systems and the migration of all agencies to
  887  the new system beginning by July 1, 2010, and completing by June
  888  30, 2013.
  889         (3)In order to develop the recommended plan for the new
  890  system, the Agency for Enterprise Information Technology shall
  891  consult with and, as necessary, form workgroups consisting of
  892  agency e-mail management staff, agency chief information
  893  officers, and agency budget directors. State agencies must
  894  cooperate with the Agency for Enterprise Technology in its
  895  development of the plan.
  896         (4)Unless authorized by the Legislature or as provided in
  897  subsection (5), a state agency shall not:
  898         (a)Initiate a new e-mail service with any entity other
  899  than the provider of the statewide e-mail system service;
  900         (b)Terminate a statewide e-mail system service without
  901  giving written notice of termination 180 days in advance; or
  902         (c)Transfer e-mail system services from the provider of
  903  the statewide e-mail system service.
  904         (5)Exceptions to paragraphs (4)(a), (b), and (c) may be
  905  granted by the Agency for Enterprise Information Technology only
  906  if the Southwood Shared Resource Center is unable to meet agency
  907  e-mail service requirements. Requests for exceptions must be
  908  submitted in writing to the Agency for Enterprise Information
  909  Technology and include confirmation by the Southwood Shared
  910  Resource Center board of trustees that it cannot meet the
  911  requesting agency’s e-mail service requirements.
  912         Section 15. The Division of Statutory Revision is requested
  913  to create part IV of chapter 282, consisting of sections 282.701
  914  through 282.711, Florida Statutes.
  915         Section 16. Section 282.701, Florida Statutes, is created
  916  to read:
  917         282.701Short title.—This part may be cited as the
  918  “Communication Information Technology Services Act.”
  919         Section 17. Section 282.102, Florida Statues, is
  920  transferred and renumbered as section 282.702, Florida Statutes.
  921         Section 18. Section 282.103, Florida Statutes, is
  922  transferred, renumbered as section 282.703, Florida Statutes,
  923  and amended to read:
  924         282.703 282.103 SUNCOM Network; exemptions from the
  925  required use.—
  926         (1) There is created within the department of Management
  927  Services the SUNCOM Network, which shall be developed to serve
  928  as the state communications system for providing local and long
  929  distance communications services to state agencies, political
  930  subdivisions of the state, municipalities, state universities,
  931  and nonprofit corporations pursuant to this part ss. 282.102
  932  282.111. The SUNCOM Network shall be developed to transmit all
  933  types of communications signals, including, but not limited to,
  934  voice, data, video, image, and radio. State agencies shall
  935  cooperate and assist in the development and joint use of
  936  communications systems and services.
  937         (2) The department State Technology Office shall design,
  938  engineer, implement, manage, and operate through state
  939  ownership, commercial leasing, or some combination thereof, the
  940  facilities and equipment providing SUNCOM Network services, and
  941  shall develop a system of equitable billings and charges for
  942  communication services.
  943         (3) All state agencies and state universities shall are
  944  required to use the SUNCOM Network for agency and state
  945  university communications services as the services become
  946  available; however, no agency or university is relieved of
  947  responsibility for maintaining communications services necessary
  948  for effective management of its programs and functions. If a
  949  SUNCOM Network service does not meet the communications
  950  requirements of an agency or university, the agency or
  951  university shall notify the department State Technology Office
  952  in writing and detail the requirements for that communications
  953  service. If the department office is unable to meet an agency’s
  954  or university’s requirements by enhancing SUNCOM Network
  955  service, the department office may grant the agency or
  956  university an exemption from the required use of specified
  957  SUNCOM Network services.
  958         Section 19. Section 282.104, Florida Statutes, is
  959  transferred, renumbered as section 282.704, Florida Statutes,
  960  and amended to read:
  961         282.704 282.104 Use of state SUNCOM Network by
  962  municipalities.—Any municipality may request the department
  963  State Technology Office to provide any or all of the SUNCOM
  964  Network’s portfolio of communications services upon such terms
  965  and under such conditions as the department office may
  966  establish. The requesting municipality shall pay its share of
  967  installation and recurring costs according to the published
  968  rates for SUNCOM Network services and as invoiced by the
  969  department office. Such municipality shall also pay for any
  970  requested modifications to existing SUNCOM Network services, if
  971  any charges apply.
  972         Section 20. Section 282.105, Florida Statutes, is
  973  transferred, renumbered as section 282.705, Florida Statutes,
  974  and amended to read:
  975         282.705 282.105 Use of state SUNCOM Network by nonprofit
  976  corporations.—
  977         (1) The department State Technology Office shall provide a
  978  means whereby private nonprofit corporations under contract with
  979  state agencies or political subdivisions of the state may use
  980  the state SUNCOM Network, subject to the limitations in this
  981  section. In order to qualify to use the state SUNCOM Network, a
  982  nonprofit corporation shall:
  983         (a) Expend the majority of its total direct revenues for
  984  the provision of contractual services to the state, a
  985  municipality, or a political subdivision of the state; and
  986         (b) Receive only a small portion of its total revenues from
  987  any source other than a state agency, a municipality, or a
  988  political subdivision of the state during the period of time
  989  SUNCOM Network services are requested.
  990         (2) Each nonprofit corporation seeking authorization to use
  991  the state SUNCOM Network pursuant to this section shall provide
  992  to the department office, upon request, proof of compliance with
  993  subsection (1).
  994         (3) Nonprofit corporations established pursuant to general
  995  law and an association of municipal governments which is wholly
  996  owned by the municipalities are shall be eligible to use the
  997  state SUNCOM Network, subject to the terms and conditions of the
  998  department office.
  999         (4) Institutions qualified to participate in the William L.
 1000  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1001  1009.89 are shall be eligible to use the state SUNCOM Network,
 1002  subject to the terms and conditions of the department office.
 1003  Such entities are shall not be required to satisfy the other
 1004  criteria of this section.
 1005         (5) Private, nonprofit elementary and secondary schools are
 1006  shall be eligible for rates and services on the same basis as
 1007  public schools if such, providing these nonpublic schools do not
 1008  have an endowment in excess of $50 million.
 1009         Section 21. Section 282.106, Florida Statutes, is
 1010  transferred, renumbered as section 282.706, Florida Statutes,
 1011  and amended to read:
 1012         282.706 282.106 Use of SUNCOM Network by libraries.—The
 1013  department State Technology Office may provide SUNCOM Network
 1014  services to any library in the state, including libraries in
 1015  public schools, community colleges, state universities, and
 1016  nonprofit private postsecondary educational institutions, and
 1017  libraries owned and operated by municipalities and political
 1018  subdivisions.
 1019         Section 22. Section 282.107, Florida Statutes, is
 1020  transferred and renumbered as section 282.707, Florida Statutes,
 1021  and amended to read:
 1022         282.707 282.107 SUNCOM Network; criteria for usage.—
 1023         (1) The department of Management Services shall
 1024  periodically review the qualifications of subscribers using the
 1025  state SUNCOM Network and shall terminate services provided to
 1026  any facility not qualified under this part pursuant to ss.
 1027  282.102-282.111 or rules adopted hereunder. In the event of
 1028  nonpayment of invoices by subscribers whose SUNCOM Network
 1029  invoices are paid from sources other than legislative
 1030  appropriations, such nonpayment represents good and sufficient
 1031  reason to terminate service.
 1032         (2) The department of Management Services shall adopt rules
 1033  for implementing and operating the state SUNCOM Network, which
 1034  shall include its procedures for withdrawing and restoring
 1035  authorization to use the state SUNCOM Network. Such rules shall
 1036  provide a minimum of 30 days’ notice to affected parties before
 1037  terminating prior to termination of voice communications
 1038  service.
 1039         (3) Nothing in This section does not shall be construed to
 1040  limit or restrict the ability of the Florida Public Service
 1041  Commission to set jurisdictional tariffs of telecommunications
 1042  companies.
 1043         Section 23. Section 282.109, Florida Statutes, is
 1044  transferred and renumbered as section 282.708, Florida Statutes.
 1045         Section 24. Section 282.1095, Florida Statutes, is
 1046  transferred, renumbered as section 282.709, Florida Statutes,
 1047  and amended to read:
 1048         282.709 282.1095 State agency law enforcement radio system
 1049  and interoperability network.—
 1050         (1) The department State Technology Office may acquire and
 1051  administer implement a statewide radio communications system to
 1052  serve law enforcement units of state agencies, and to serve
 1053  local law enforcement agencies through mutual aid channels. The
 1054  Joint Task Force on State Agency Law Enforcement Communications
 1055  is established in the State Technology Office to advise the
 1056  office of member-agency needs for the planning, designing, and
 1057  establishment of the joint system. The State Agency Law
 1058  Enforcement Radio System Trust Fund is established in the State
 1059  Technology Office. The trust fund shall be funded from
 1060  surcharges collected under ss. 320.0802 and 328.72.
 1061         (a)The department shall, in conjunction with the
 1062  Department of Law Enforcement and the Division of Emergency
 1063  Management of the Department of Community Affairs, establish
 1064  policies, procedures, and standards to be incorporated into a
 1065  comprehensive management plan for the use and operation of the
 1066  statewide radio communications system.
 1067         (b)The department shall bear the overall responsibility
 1068  for the design, engineering, acquisition, and implementation of
 1069  the statewide radio communications system and for ensuring the
 1070  proper operation and maintenance of all common system equipment.
 1071         (c)1.The department may rent or lease space on any tower
 1072  under its control and refuse to lease space on any tower at any
 1073  site.
 1074         2.The department may rent, lease, or sublease ground space
 1075  as necessary to locate equipment to support antennae on the
 1076  towers. The costs for the use of such space shall be established
 1077  by the department for each site if it is determined to be
 1078  practicable and feasible to make space available.
 1079         3.The department may rent, lease, or sublease ground space
 1080  on lands acquired by the department for the construction of
 1081  privately owned or publicly owned towers. The department may, as
 1082  a part of such rental, lease, or sublease agreement, require
 1083  space on such towers for antennae as necessary for the
 1084  construction and operation of the state agency law enforcement
 1085  radio system or any other state need.
 1086         4.All moneys collected by the department for rents,
 1087  leases, and subleases under this subsection shall be deposited
 1088  directly into the State Agency Law Enforcement Radio System
 1089  Trust Fund established in subsection (3) and may be used by the
 1090  department to construct, maintain, or support the system.
 1091         5.The positions necessary for the department to accomplish
 1092  its duties under this subsection shall be established in the
 1093  General Appropriations Act and funded by the Law Enforcement
 1094  Radio Operating Trust Fund or other revenue sources.
 1095         (d)The department shall exercise its powers and duties
 1096  under this part to plan, manage, and administer the mutual aid
 1097  channels in the statewide radio communication system.
 1098         1.In implementing such powers and duties, the department
 1099  shall consult and act in conjunction with the Department of Law
 1100  Enforcement and the Division of Emergency Management of the
 1101  Department of Community Affairs, and shall manage and administer
 1102  the mutual aid channels in a manner that reasonably addresses
 1103  the needs and concerns of the involved law enforcement agencies
 1104  and emergency response agencies and entities.
 1105         2.The department may make the mutual aid channels
 1106  available to federal agencies, state agencies, and agencies of
 1107  the political subdivisions of the state for the purpose of
 1108  public safety and domestic security.
 1109         (e)The department may allow other state agencies to use
 1110  the statewide radio communications system under terms and
 1111  conditions established by the department.
 1112         (2) The Joint Task Force on State Agency Law Enforcement
 1113  Communications is created adjunct to the department to advise
 1114  the department of member-agency needs relating to the planning,
 1115  designing, and establishment of the statewide communication
 1116  system.
 1117         (a) The Joint Task Force on State Agency Law Enforcement
 1118  Communications shall consist of eight members, as follows:
 1119         1. A representative of the Division of Alcoholic Beverages
 1120  and Tobacco of the Department of Business and Professional
 1121  Regulation who shall be appointed by the secretary of the
 1122  department.
 1123         2. A representative of the Division of Florida Highway
 1124  Patrol of the Department of Highway Safety and Motor Vehicles
 1125  who shall be appointed by the executive director of the
 1126  department.
 1127         3. A representative of the Department of Law Enforcement
 1128  who shall be appointed by the executive director of the
 1129  department.
 1130         4. A representative of the Fish and Wildlife Conservation
 1131  Commission who shall be appointed by the executive director of
 1132  the commission.
 1133         5. A representative of the Division of Law Enforcement of
 1134  the Department of Environmental Protection who shall be
 1135  appointed by the secretary of the department.
 1136         6. A representative of the Department of Corrections who
 1137  shall be appointed by the secretary of the department.
 1138         7. A representative of the Division of State Fire Marshal
 1139  of the Department of Financial Services who shall be appointed
 1140  by the State Fire Marshal.
 1141         8. A representative of the Department of Transportation who
 1142  shall be appointed by the secretary of the department.
 1143         (b) Each appointed member of the joint task force shall
 1144  serve at the pleasure of the appointing official. Any vacancy on
 1145  the joint task force shall be filled in the same manner as the
 1146  original appointment. A Any joint task force member may, upon
 1147  notification to the chair before prior to the beginning of any
 1148  scheduled meeting, appoint an alternative to represent the
 1149  member on the task force and vote on task force business in his
 1150  or her absence.
 1151         (c) The joint task force shall elect a chair from among its
 1152  members to serve a 1-year term. A vacancy in the chair of the
 1153  joint task force must be filled for the remainder of the
 1154  unexpired term by an election of the joint task force members.
 1155         (d) The joint task force shall meet as necessary, but at
 1156  least quarterly, at the call of the chair and at the time and
 1157  place designated by him or her.
 1158         (e) The per diem and travel expenses incurred by a member
 1159  of the joint task force in attending its meetings and in
 1160  attending to its affairs shall be paid pursuant to s. 112.061,
 1161  from funds budgeted to the state agency that the member
 1162  represents.
 1163         (f)The department shall provide technical support to the
 1164  joint task force.
 1165         (f) The State Technology Office is hereby authorized to
 1166  rent or lease space on any tower under its control. The office
 1167  may also rent, lease, or sublease ground space as necessary to
 1168  locate equipment to support antennae on the towers. The costs
 1169  for use of such space shall be established by the office for
 1170  each site, when it is determined to be practicable and feasible
 1171  to make space available. The office may refuse to lease space on
 1172  any tower at any site. All moneys collected by the office for
 1173  such rents, leases, and subleases shall be deposited directly
 1174  into the Law Enforcement Radio Operating Trust Fund and may be
 1175  used by the office to construct, maintain, or support the
 1176  system.
 1177         (g) The State Technology Office is hereby authorized to
 1178  rent, lease, or sublease ground space on lands acquired by the
 1179  office for the construction of privately owned or publicly owned
 1180  towers. The office may, as a part of such rental, lease, or
 1181  sublease agreement, require space on said tower or towers for
 1182  antennae as may be necessary for the construction and operation
 1183  of the state agency law enforcement radio system or any other
 1184  state need. The positions necessary for the office to accomplish
 1185  its duties under this paragraph and paragraph (f) shall be
 1186  established in the General Appropriations Act and shall be
 1187  funded by the Law Enforcement Radio Operating Trust Fund or
 1188  other revenue sources.
 1189         (h) The State Technology Office may make the mutual aid
 1190  channels in the statewide radio communications system available
 1191  to federal agencies, state agencies, and agencies of the
 1192  political subdivisions of the state for the purpose of public
 1193  safety and domestic security. The office shall exercise its
 1194  powers and duties, as specified in this chapter, to plan,
 1195  manage, and administer the mutual aid channels. The office
 1196  shall, in implementing such powers and duties, act in
 1197  consultation and conjunction with the Department of Law
 1198  Enforcement and the Division of Emergency Management of the
 1199  Department of Community Affairs, and shall manage and administer
 1200  the mutual aid channels in a manner that reasonably addresses
 1201  the needs and concerns of the involved law enforcement agencies
 1202  and emergency response agencies and entities.
 1203         (3) The State Agency Law Enforcement Radio System Trust
 1204  Fund is established in the department and funded from surcharges
 1205  collected under ss. 318.18, 320.0802 and 328.72. Upon
 1206  appropriation, moneys in the trust fund may be used by the
 1207  department office to acquire by competitive procurement the
 1208  equipment,; software,; and engineering, administrative, and
 1209  maintenance services it needs to construct, operate, and
 1210  maintain the statewide radio system. Moneys in the trust fund
 1211  collected as a result of the surcharges set forth in ss. 318.18,
 1212  320.0802, and 328.72 shall be used to help fund the costs of the
 1213  system. Upon completion of the system, moneys in the trust fund
 1214  may also be used by the department office to provide for payment
 1215  of the recurring maintenance costs of the system.
 1216         (4)(a) The office shall, in conjunction with the Department
 1217  of Law Enforcement and the Division of Emergency Management of
 1218  the Department of Community Affairs, establish policies,
 1219  procedures, and standards which shall be incorporated into a
 1220  comprehensive management plan for the use and operation of the
 1221  statewide radio communications system.
 1222         (b) The joint task force, in consultation with the office,
 1223  shall have the authority to permit other state agencies to use
 1224  the communications system, under terms and conditions
 1225  established by the joint task force.
 1226         (5) The office shall provide technical support to the joint
 1227  task force and shall bear the overall responsibility for the
 1228  design, engineering, acquisition, and implementation of the
 1229  statewide radio communications system and for ensuring the
 1230  proper operation and maintenance of all system common equipment.
 1231         (4)(6)(a) The department State Technology Office may create
 1232  and administer implement an interoperability network to enable
 1233  interoperability between various radio communications
 1234  technologies and to serve federal agencies, state agencies, and
 1235  agencies of political subdivisions of the state for the purpose
 1236  of public safety and domestic security.
 1237         (a) The department office shall, in conjunction with the
 1238  Department of Law Enforcement and the Division of Emergency
 1239  Management of the Department of Community Affairs, exercise its
 1240  powers and duties pursuant to this chapter to plan, manage, and
 1241  administer the interoperability network. The office may:
 1242         1. Enter into mutual aid agreements among federal agencies,
 1243  state agencies, and political subdivisions of the state for the
 1244  use of the interoperability network.
 1245         2. Establish the cost of maintenance and operation of the
 1246  interoperability network and charge subscribing federal and
 1247  local law enforcement agencies for access and use of the
 1248  network. The department State Technology Office may not charge
 1249  state law enforcement agencies identified in paragraph (2)(a) to
 1250  use the network.
 1251         3. In consultation with the Department of Law Enforcement
 1252  and the Division of Emergency Management of the Department of
 1253  Community Affairs, amend and enhance the statewide radio
 1254  communications system as necessary to implement the
 1255  interoperability network.
 1256         (b) The department State Technology Office, in consultation
 1257  with the Joint Task Force on State Agency Law Enforcement
 1258  Communications, and in conjunction with the Department of Law
 1259  Enforcement and the Division of Emergency Management of the
 1260  Department of Community Affairs, shall establish policies,
 1261  procedures, and standards to incorporate into a comprehensive
 1262  management plan for the use and operation of the
 1263  interoperability network.
 1264         Section 25. Section 282.111, Florida Statutes, is
 1265  transferred, renumbered as section 282.710, Florida Statutes,
 1266  and amended to read:
 1267         282.710 282.111 Statewide system of regional law
 1268  enforcement communications.—
 1269         (1) It is the intent and purpose of the Legislature that a
 1270  statewide system of regional law enforcement communications be
 1271  developed whereby maximum efficiency in the use of existing
 1272  radio channels is achieved in order to deal more effectively
 1273  with the apprehension of criminals and the prevention of crime
 1274  generally. To this end, all law enforcement agencies within the
 1275  state are directed to provide the department State Technology
 1276  Office with any information the department office requests for
 1277  the purpose of implementing the provisions of subsection (2).
 1278         (2) The department State Technology Office is hereby
 1279  authorized and directed to develop and maintain a statewide
 1280  system of regional law enforcement communications. In
 1281  formulating such a system, the department office shall divide
 1282  the state into appropriate regions and shall develop a program
 1283  that includes which shall include, but is not be limited to, the
 1284  following provisions:
 1285         (a) The communications requirements for each county and
 1286  municipality comprising the region.
 1287         (b) An interagency communications provision that depicts
 1288  which shall depict the communication interfaces between
 1289  municipal, county, and state law enforcement entities operating
 1290  which operate within the region.
 1291         (c) A frequency allocation and use provision that includes
 1292  which shall include, on an entity basis, each assigned and
 1293  planned radio channel and the type of operation, simplex,
 1294  duplex, or half-duplex, on each channel.
 1295         (3) The department office shall adopt any necessary rules
 1296  and regulations for administering implementing and coordinating
 1297  the statewide system of regional law enforcement communications.
 1298         (4) The secretary of the department Chief Information
 1299  Officer of the State Technology Office or his or her designee is
 1300  designated as the director of the statewide system of regional
 1301  law enforcement communications and, for the purpose of carrying
 1302  out the provisions of this section, may is authorized to
 1303  coordinate the activities of the system with other interested
 1304  state agencies and local law enforcement agencies.
 1305         (5) A No law enforcement communications system may not
 1306  shall be established or present system expanded without the
 1307  prior approval of the department State Technology Office.
 1308         (6) Within the limits of its capability, the Department of
 1309  Law Enforcement is encouraged to lend assistance to the
 1310  department State Technology Office in the development of the
 1311  statewide system of regional law enforcement communications
 1312  proposed by this section.
 1313         Section 26. Section 282.21, Florida Statutes, is
 1314  transferred, renumbered as section 282.711, Florida Statutes,
 1315  and amended to read:
 1316         282.711 282.21The State Technology Office’s Remote
 1317  electronic access services.—The department State Technology
 1318  Office may collect fees for providing remote electronic access
 1319  pursuant to s. 119.07(2). The fees may be imposed on individual
 1320  transactions or as a fixed subscription for a designated period
 1321  of time. All fees collected under this section shall be
 1322  deposited in the appropriate trust fund of the program or
 1323  activity that made the remote electronic access available.
 1324         Section 27. Section 282.22, Florida Statutes, is repealed.
 1325         Section 28. Paragraph (h) is added to subsection (3) of
 1326  section 287.042, Florida Statutes, and paragraph (b) of
 1327  subsection (4) and subsections (15) and (16) of that section are
 1328  amended, to read:
 1329         287.042 Powers, duties, and functions.—The department shall
 1330  have the following powers, duties, and functions:
 1331         (3) To establish a system of coordinated, uniform
 1332  procurement policies, procedures, and practices to be used by
 1333  agencies in acquiring commodities and contractual services,
 1334  which shall include, but not be limited to:
 1335         (h)Development, in consultation with the Agency Chief
 1336  Information Officers Council, of procedures to be used by state
 1337  agencies when procuring information technology commodities and
 1338  contractual services to ensure compliance with public-records
 1339  requirements and records-retention and archiving requirements.
 1340         (4)
 1341         (b) To prescribe, in consultation with the Agency Chief
 1342  Information Officers Council State Technology Office, procedures
 1343  for procuring information technology and information technology
 1344  consultant services which provide for public announcement and
 1345  qualification, competitive solicitations, contract award, and
 1346  prohibition against contingent fees. Such procedures shall be
 1347  limited to information technology consultant contracts for which
 1348  the total project costs, or planning or study activities, are
 1349  estimated to exceed the threshold amount provided for in s.
 1350  287.017, for CATEGORY TWO.
 1351         (15)(a) To enter into joint agreements with governmental
 1352  agencies, as defined in s. 163.3164(10), for the purpose of
 1353  pooling funds for the purchase of commodities or information
 1354  technology that can be used by multiple agencies. However, the
 1355  department shall consult with the State Technology Office on
 1356  joint agreements that involve the purchase of information
 1357  technology. Agencies entering into joint purchasing agreements
 1358  with the department or the State Technology Office shall
 1359  authorize the department or the State Technology Office to
 1360  contract for such purchases on their behalf.
 1361         (a)(b) Each agency that has been appropriated or has
 1362  existing funds for such purchase the purchases, shall, upon
 1363  contract award by the department, transfer their portion of the
 1364  funds into the department’s Operating Trust Fund for payment by
 1365  the department. The These funds shall be transferred by the
 1366  Executive Office of the Governor pursuant to the agency budget
 1367  amendment request provisions in chapter 216.
 1368         (b)(c) Agencies that sign the joint agreements are
 1369  financially obligated for their portion of the agreed-upon
 1370  funds. If an any agency becomes more than 90 days delinquent in
 1371  paying the funds, the department shall certify to the Chief
 1372  Financial Officer the amount due, and the Chief Financial
 1373  Officer shall transfer the amount due to the Operating Trust
 1374  Fund of the department from any of the agency’s available funds.
 1375  The Chief Financial Officer shall report all of these transfers
 1376  and the reasons for the transfers to the Executive Office of the
 1377  Governor and the legislative appropriations committees.
 1378         (16)(a) To evaluate contracts let by the Federal
 1379  Government, another state, or a political subdivision for the
 1380  provision of commodities and contract services, and, if when it
 1381  is determined in writing to be cost-effective and in the best
 1382  interest of the state, to enter into a written agreement
 1383  authorizing an agency to make purchases under such a contract
 1384  approved by the department and let by the Federal Government,
 1385  another state, or a political subdivision.
 1386         (b) For contracts pertaining to the provision of
 1387  information technology, the State Technology Office, in
 1388  consultation with the department, shall assess the technological
 1389  needs of a particular agency, evaluate the contracts, and
 1390  determine whether to enter into a written agreement with the
 1391  letting federal, state, or political subdivision body to provide
 1392  information technology for a particular agency.
 1393         Section 29. Subsection (9) of section 1004.52, Florida
 1394  Statutes, is amended to read:
 1395         1004.52 Community computer access grant program.—
 1396         (9) The institute, based upon guidance from the State
 1397  Technology Office and the state’s Chief Information Officer,
 1398  shall establish minimum requirements governing the
 1399  specifications and capabilities of any computers purchased with
 1400  funds awarded under this grant program.
 1401         Section 30. Rules 60DD-1, 60DD-4, 60DD-5, 60DD-6, 60DD-7,
 1402  and 60DD-8, Florida Administrative Code, are repealed, and the
 1403  Department of State is directed to remove these rules from the
 1404  Florida Administrative Code. Rule 60DD-2, Florida Administrative
 1405  Code, is transferred to the Agency for Enterprise Information
 1406  Technology.
 1407         Section 31. Section 17 of chapter 2008-116, 2008 Laws of
 1408  Florida, is amended to read:
 1409         Section 17. All data center functions performed, managed,
 1410  operated, or supported by state agencies with resources and
 1411  equipment currently located in a state primary data center
 1412  created by this act, excluding application development, shall be
 1413  transferred to the primary data center and that agency shall
 1414  become a full-service customer entity by July 1, 2010. All
 1415  resources and equipment located in the primary data center shall
 1416  be operated, managed, and controlled by the primary data center.
 1417  The primary data center in which such resources and equipment
 1418  are located shall be the custodian of such resources and
 1419  equipment for purposes of chapter 273, Florida Statutes. Data
 1420  center functions include, but are not limited to, responsibility
 1421  for all data center hardware, software, staff, contracted
 1422  services, and facility resources performing data center
 1423  management and operations, security, production control, backup
 1424  and recovery, disaster recovery, system administration, database
 1425  administration, system programming, job control, production
 1426  control, print, storage, technical support, help desk, and
 1427  managed services.
 1428         (1) To accomplish the transition, each state agency that is
 1429  a customer entity of a primary data center shall:
 1430         (a) By October 1, 2009, submit a plan to the board of
 1431  trustees of the appropriate primary data center describing costs
 1432  and resources currently used to manage and maintain hardware and
 1433  operating and support software housed at the primary data
 1434  center, and a plan for transferring all resources allocated to
 1435  data center functions to the primary data center. The plan
 1436  shall:
 1437         1. Include the itemized expenditures for all of the related
 1438  equipment and software in the previous 5 fiscal years.
 1439         2. Propose averages or weighted averages for transferring
 1440  spending authority related to equipment and software based upon
 1441  spending in the previous 5 fiscal years and projected needs for
 1442  the upcoming 2 fiscal years.
 1443         (b) Submit with its 2010-2011 legislative budget request
 1444  budget adjustments necessary to accomplish the transfers. These
 1445  adjustments shall include budget requests to replace existing
 1446  spending authority in the appropriations categories used to
 1447  manage, maintain, and upgrade hardware, operating software, and
 1448  support software with an amount in a single appropriation
 1449  category to pay for the services of the primary data center.
 1450         (2) The board of trustees of each primary data center
 1451  shall:
 1452         (a) Be responsible for the efficient transfer of resources
 1453  in user agencies relating to the provision of full services and
 1454  shall coordinate the legislative budget requests of the affected
 1455  agencies.
 1456         (b) Include in its 2010-2011 legislative budget request
 1457  additional budget authority to accommodate the transferred
 1458  functions.
 1459         (c) Develop proposed cost-recovery plans for its customer
 1460  entities at its annual budget meeting held before July 1, 2010,
 1461  using the principles established in s. 282.203, Florida
 1462  Statutes.
 1463         Section 32. Subsection (17) of section 318.18, Florida
 1464  Statutes, is amended to read:
 1465         318.18 Amount of penalties.—The penalties required for a
 1466  noncriminal disposition pursuant to s. 318.14 or a criminal
 1467  offense listed in s. 318.17 are as follows:
 1468         (17) In addition to any penalties imposed, a surcharge of
 1469  $3 must be paid for all criminal offenses listed in s. 318.17
 1470  and for all noncriminal moving traffic violations under chapter
 1471  316. Revenue from the surcharge shall be remitted to the
 1472  Department of Revenue and deposited quarterly into the State
 1473  Agency Law Enforcement Radio System Trust Fund of the Department
 1474  of Management Services for the state agency law enforcement
 1475  radio system, as described in s. 282.709 s. 282.1095, and to
 1476  provide technical assistance to state agencies and local law
 1477  enforcement agencies with their statewide systems of regional
 1478  law enforcement communications, as described in s. 282.710 s.
 1479  282.111. This subsection expires July 1, 2012. The Department of
 1480  Management Services may retain funds sufficient to recover the
 1481  costs and expenses incurred for the purposes of managing,
 1482  administering, and overseeing the Statewide Law Enforcement
 1483  Radio System, and providing technical assistance to state
 1484  agencies and local law enforcement agencies with their statewide
 1485  systems of regional law enforcement communications. The
 1486  Department of Management Services working in conjunction with
 1487  the Joint Task Force on State Agency Law Enforcement
 1488  Communications shall determine and direct the purposes for which
 1489  these funds are used to enhance and improve the radio system.
 1490         Section 33. Subsection (4) of section 393.002, Florida
 1491  Statutes, is amended to read:
 1492         393.002 Transfer of Florida Developmental Disabilities
 1493  Council as formerly created in this chapter to private nonprofit
 1494  corporation.—
 1495         (4) The This designated nonprofit corporation is shall be
 1496  eligible to use the state communications system in accordance
 1497  with s. 282.705(3) s. 282.105(3).
 1498         Section 34. Paragraph (a) of subsection (2) of section
 1499  1001.26, Florida Statutes, is amended to read:
 1500         1001.26 Public broadcasting program system.—
 1501         (2)(a) The Department of Education is responsible for
 1502  implementing the provisions of this section pursuant to s.
 1503  282.702 s. 282.102 and may employ personnel, acquire equipment
 1504  and facilities, and perform all duties necessary for carrying
 1505  out the purposes and objectives of this section.
 1506         Section 35. This act shall take effect upon becoming a law.
 1507  
 1508  ================= T I T L E  A M E N D M E N T ================
 1509         And the title is amended as follows:
 1510         Delete everything before the enacting clause
 1511  and insert:
 1512                        A bill to be entitled                      
 1513         An act relating to information technology; amending s.
 1514         11.90, F.S.; deleting an obsolete provision relating
 1515         to duties of the Legislative Budget Commission;
 1516         amending s. 14.204, F.S.; revising the duties of the
 1517         Agency for Enterprise Information Technology;
 1518         requiring the agency to complete certain duties
 1519         relating to a proposed enterprise information
 1520         technology services plan by a specified date; creating
 1521         the Office of Information Security within the agency;
 1522         designating the Chief Information Security Officer as
 1523         head of the office and who reports to the executive
 1524         director of the agency; amending 20.315, F.S.,
 1525         relating to the offender-based information system;
 1526         deleting obsolete provisions; amending s. 110.205,
 1527         F.S.; revising certain positions relating to the
 1528         obsolete State Technology Office that are exempted
 1529         from career service; amending s. 282.003, F.S.;
 1530         renaming the Information Technology Resources
 1531         Management Act as the “Enterprise Information
 1532         Technology Services Management Act”; amending s.
 1533         282.0041, F.S.; revising definitions; amending s.
 1534         282.0056, F.S.; revising provisions relating to
 1535         proposed enterprise information technology services
 1536         submitted by the agency; deleting the requirement that
 1537         the agency develop a migration plan; amending s.
 1538         282.201, F.S.; revising the duties of the agency;
 1539         specifying the requirements for obtaining an exception
 1540         to the limitations on agencies relating to computer
 1541         services; amending s. 282.203, F.S.; providing an
 1542         additional duty for a state primary data center;
 1543         revising the date for appointing a board of trustees
 1544         of a primary data center; revising the method for
 1545         determining representation on the board of trustees;
 1546         revising the role on the board of the executive
 1547         director of the Agency for Enterprise Information
 1548         Technology; allowing board membership resulting from
 1549         consolidations to be adjusted in the appropriations
 1550         act; providing an additional duty of the board;
 1551         amending s. 282.204, F.S.; deleting obsolete
 1552         provisions; providing that the Northwood Shared
 1553         Resource Center is an agency established with the
 1554         Department of Children and Family Services;
 1555         authorizing the secretary of the department to appoint
 1556         a temporary chair of the center’s board of trustees;
 1557         requiring the agency and the department to identify
 1558         and transfer department resources by budget amendment;
 1559         amending s. 282.205, F.S.; deleting obsolete
 1560         provisions relating to the Southwood Shared Resource
 1561         Center; amending s. 282.318, F.S.; renaming the
 1562         Security of Data and Information Technology
 1563         Infrastructure Act as the “Enterprise Security of Data
 1564         and Information Technology Act”; providing that
 1565         information technology security is an enterprise
 1566         information technology service; substituting the
 1567         Office of Information Security for the agency and
 1568         revising the associated duties related to information
 1569         technology security; requiring the agency to submit a
 1570         plan for information technology security to the
 1571         Legislature and Governor by a certain date; amending
 1572         s. 282.33, F.S.; specifying that the Agency for
 1573         Enterprise Information Technology shall make
 1574         recommendations relating to the efficiency of state
 1575         primary data centers; creating s. 282.34, F.S.;
 1576         establishing a state e-mail system as an enterprise
 1577         information technology service; directing the
 1578         Southwood Shared Resource Center to manage and operate
 1579         the system; directing the agency to conduct an
 1580         analysis of such service by a certain date and
 1581         establish a workgroup to develop an implementation
 1582         plan; prohibiting a state agency from terminating such
 1583         service unless authorized by the Legislature;
 1584         requesting the Division of Statutory Revision to
 1585         create part IV of ch. 282, F.S.; creating s. 282.701,
 1586         F.S.; providing a short title; transferring and
 1587         renumbering s. 282.102, F.S., relating to the powers
 1588         of the Department of Management Services with respect
 1589         to a state communication system; transferring,
 1590         renumbering, and amending ss. 282.103, 282.104,
 1591         282.105, 282.106, and 282.107, F.S., relating to the
 1592         SUNCOM system; substituting the department for the
 1593         State Technology Office; transferring and renumbering
 1594         s. 282.109, F.S., relating to the emergency control of
 1595         the state communications system; transferring,
 1596         renumbering, and amending ss. 282.1095 and 282.111,
 1597         F.S., relating to the communications system for law
 1598         enforcement agencies; substituting the department for
 1599         the State Technology Office; transferring,
 1600         renumbering, and amending ss. 282.21, F.S., relating
 1601         to remote electronic access; substituting the
 1602         department for the State Technology Office; repealing
 1603         s. 282.22, F.S., relating to materials and products
 1604         acquired or developed by the State Technology Office;
 1605         amending s. 287.042, F.S.; revising the duties of the
 1606         department to include the development of procedures
 1607         that ensure certain records requirements; deleting the
 1608         requirement that the department consult with the
 1609         office on agreements for the joint purchase of
 1610         information technology; deleting a requirement for the
 1611         department and office to access certain contracts;
 1612         amending s. 1004.52, F.S.; deleting the requirement
 1613         that the Institute on Urban Policy and Commerce
 1614         consult with the office and the Chief Information
 1615         Officer on requirements for computers purchased for
 1616         the community computer access grant program; repealing
 1617         and transferring certain administrative rules relating
 1618         to the State Technology Office; amending s. 17,
 1619         chapter 2008-116, Laws of Florida; providing that a
 1620         state primary data center is the custodian of
 1621         resources and equipment located in the data center for
 1622         the purposes of ch. 272, F.S.; amending ss. 318.18,
 1623         393.002, and 1001.26, F.S.; conforming cross
 1624         references; providing an effective date.