Florida Senate - 2009                                    SB 2574
       
       
       
       By Senator Haridopolos
       
       
       
       
       26-00909B-09                                          20092574__
    1                        A bill to be entitled                      
    2         An act relating to information technology; amending s.
    3         11.90, F.S.; deleting an obsolete provision relating
    4         to duties of the Legislative Budget Commission;
    5         amending s. 14.204, F.S.; revising the duties of the
    6         Agency for Enterprise Information Technology;
    7         requiring the agency to complete certain duties
    8         relating to a proposed enterprise information
    9         technology services plan by a specified date; creating
   10         the Office of Information Security within the agency;
   11         designating the Chief Information Security Officer as
   12         head of the office and who reports to the executive
   13         director of the agency; providing the duties of the
   14         officer; requiring the agency to submit a plan for
   15         information technology security to the Legislature and
   16         Governor by a certain date; amending s. 110.205, F.S.;
   17         revising certain positions relating to the obsolete
   18         State Technology Office that are exempted from career
   19         service; amending s. 282.003, F.S.; renaming the
   20         Information Technology Resources Management Act as the
   21         “Enterprise Information Technology Services Management
   22         Act”; amending s. 282.0041, F.S.; revising
   23         definitions; amending s. 282.0056, F.S.; revising
   24         provisions relating to proposed enterprise information
   25         technology services submitted by the agency; deleting
   26         the requirement that the agency develop a migration
   27         plan; amending s. 282.201, F.S.; revising the duties
   28         of the agency; specifying the requirements for
   29         obtaining an exception to the limitations on agencies
   30         relating to computer services; amending s. 282.203,
   31         F.S.; providing an additional duty for a state primary
   32         data center; revising the date for appointing a board
   33         of trustees of a primary data center; revising the
   34         method for determining representation on the board of
   35         trustees; revising the role on the board of the
   36         executive director of the Agency for Enterprise
   37         Information Technology; providing an additional duty
   38         of the board; amending s. 282.204, F.S.; deleting
   39         obsolete provisions; providing that the Northwood
   40         Shared Resource Center is an agency established with
   41         the Department of Children and Family Services;
   42         authorizing the secretary of the department to appoint
   43         a temporary chair of the center's board of trustees;
   44         requiring the agency and the department to identify
   45         and transfer department resources by budget amendment;
   46         amending s. 282.205, F.S.; deleting obsolete
   47         provisions relating to the Southwood Shared Resource
   48         Center; amending s. 282.318, F.S.; renaming the
   49         Security of Data and Information Technology
   50         Infrastructure Act as the “Enterprise Security of Data
   51         and Information Technology Act”; providing that
   52         information technology security is an enterprise
   53         information technology service; substituting the
   54         Office of Information Security for the agency and
   55         revising the associated duties related to information
   56         technology security; amending s. 282.33, F.S.;
   57         specifying that the Agency for Enterprise Information
   58         Technology shall make recommendations relating to the
   59         efficiency of state primary data centers; creating s.
   60         282.34, F.S.; establishing a state e-mail system as an
   61         enterprise information technology service; directing
   62         the Southwood Shared Resource Center to manage and
   63         operate the system; directing the agency to conduct an
   64         analysis of such service by a certain date and
   65         establish a workgroup to develop an implementation
   66         plan; prohibiting a state agency from terminating such
   67         service unless authorized by the Legislature;
   68         requesting the Division of Statutory Revision to
   69         create part IV of ch. 282, F.S.; creating s. 282.701,
   70         F.S.; providing a short title; transferring and
   71         renumbering s. 282.102, F.S., relating to the powers
   72         of the Department of Management Services with respect
   73         to a state communication system; transferring,
   74         renumbering, and amending ss. 282.103, 282.104,
   75         282.105, 282.106, and 282.107, F.S., relating to the
   76         SUNCOM system; substituting the department for the
   77         State Technology Office; transferring and renumbering
   78         s. 282.109, F.S., relating to the emergency control of
   79         the state communications system; transferring,
   80         renumbering, and amending ss. 282.1095 and 282.111,
   81         F.S., relating to the communications system for law
   82         enforcement agencies; substituting the department for
   83         the State Technology Office; transferring,
   84         renumbering, and amending ss. 282.21, F.S., relating
   85         to remote electronic access; substituting the
   86         department for the State Technology Office; repealing
   87         s. 282.22, F.S., relating to materials and products
   88         acquired or developed by the State Technology Office;
   89         amending s. 287.042, F.S.; revising the duties of the
   90         department to include the development of procedures
   91         that ensure certain records requirements; deleting the
   92         requirement that the department consult with the
   93         office on agreements for the joint purchase of
   94         information technology; deleting a requirement for the
   95         department and office to access certain contracts;
   96         amending s. 1004.52, F.S.; deleting the requirement
   97         that the Institute on Urban Policy and Commerce
   98         consult with the office and the Chief Information
   99         Officer on requirements for computers purchased for
  100         the community computer access grant program; deleting
  101         and transferring certain administrative rules relating
  102         to the State Technology Office; amending s. 17,
  103         chapter 2008-116, Laws of Florida; providing that a
  104         state primary data center is the custodian of
  105         resources and equipment located in the data center for
  106         the purposes of ch. 272, F.S.; amending ss. 318.18,
  107         393.002, and 1001.26, F.S.; conforming cross
  108         references; providing an effective date.
  109  
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Subsection (7) of section 11.90, Florida
  113  Statutes, is amended to read:
  114         11.90 Legislative Budget Commission.—
  115         (7) The commission shall review information resources
  116  management needs identified in agency long-range program plans
  117  for consistency with the State Annual Report on Enterprise
  118  Resource Planning and Management and statewide policies adopted
  119  by the State Technology Office. The commission shall also review
  120  proposed budget amendments associated with information
  121  technology that involve more than one agency, that have an
  122  outcome that impacts another agency, or that exceed $500,000 in
  123  total cost over a 1-year period.
  124         Section 2. Section 14.204, Florida Statutes, is amended to
  125  read:
  126         14.204 Agency for Enterprise Information Technology.—The
  127  Agency for Enterprise Information Technology is created within
  128  the Executive Office of the Governor.
  129         (1) The head of the agency shall be the Governor and
  130  Cabinet.
  131         (2) The agency is shall be a separate budget entity and
  132  that is not subject to control, supervision, or direction by the
  133  Executive Office of the Governor in any manner, including, but
  134  not limited to, purchasing, transactions involving real or
  135  personal property, personnel, or budgetary matters.
  136         (3) The agency shall have an executive director who is the
  137  state's Chief Information Officer and who must:
  138         (a) Have a degree from an accredited postsecondary
  139  institution;
  140         (b) Have at least 7 years of executive-level experience in
  141  managing information technology organizations; and
  142         (c) Be appointed by the Governor and confirmed by the
  143  Cabinet, subject to confirmation by the Senate, and serve at the
  144  pleasure of the Governor and Cabinet.; and
  145         (d)Be the chief information officer of the state.
  146         (4) The agency shall have the following duties and
  147  responsibilities:
  148         (a) Develop strategies for the design, delivery, and
  149  management of the enterprise information technology services
  150  established in law.
  151         (b) Monitor the delivery and management of the enterprise
  152  information technology services as established in law.
  153         (c) Make recommendations to the agency head and the
  154  Legislature concerning other information technology services
  155  that should be designed, delivered, and managed as enterprise
  156  information technology services as defined in s. 282.0041.
  157         (d) Plan and establish policies for managing proposed
  158  statutorily authorized enterprise information technology
  159  services, which includes:
  160         1. Developing business cases that, when applicable, include
  161  the components identified in s. 287.0574;
  162         2. Establishing and coordinating project-management teams;
  163         3. Establishing formal risk-assessment and mitigation
  164  processes; and
  165         4. Providing for independent monitoring of projects for
  166  recommended corrective actions.
  167         (e)Define the architecture standards for enterprise
  168  information technology services and develop implementation
  169  approaches for statewide migration to those standards.
  170         (e)(f)Beginning July 1, 2010, develop, and publish, and
  171  biennially update a long-term strategic enterprise information
  172  technology plan that identifies and recommends strategies and
  173  opportunities to improve the delivery of cost-effective and
  174  efficient for how enterprise information technology services to
  175  be proposed for establishment pursuant to s. 282.0056 will
  176  deliver effective and efficient government services to state
  177  residents and improve the operations of state agencies.
  178         (f)(g) Perform duties related to the state data center
  179  system as provided in s. 282.201.
  180         (g)(h) Coordinate procurement negotiations for hardware and
  181  software acquisition necessary to consolidate data center or
  182  computer facilities infrastructure.
  183         (h)(i) In consultation with the Division of Purchasing in
  184  the Department of Management Services, coordinate procurement
  185  negotiations for software that will be used by multiple
  186  agencies.
  187         (i)(j) In coordination with, and through the services of,
  188  the Division of Purchasing in the Department of Management
  189  Services, develop best practices for technology procurements.
  190         (5)The Office of Information Security shall be created
  191  within the agency. The agency shall designate a state Chief
  192  Information Security Officer who shall report directly to the
  193  executive director. The chief officer shall oversee the
  194  activities of the office and perform the following duties and
  195  responsibilities:
  196         (a)Develop, and annually update by February 1, an
  197  enterprise information security strategic plan that includes
  198  security goals and objectives for the strategic issues of
  199  information security policy, risk management, training, incident
  200  management, and survivability planning.
  201         (b)Develop enterprise security rules and published
  202  guidelines for:
  203         1.Comprehensive risk analyses and information security
  204  audits conducted by state agencies.
  205         2.Responding to suspected or confirmed information
  206  security incidents, including suspected or confirmed breaches of
  207  personal information or exempt data.
  208         3.Agency security plans, including strategic security
  209  plans and security program plans.
  210         4.The recovery of information technology and data
  211  following a disaster.
  212         5.The managerial, operational, and technical safeguards
  213  for protecting state government data and information technology
  214  resources.
  215         (c)Assist agencies in complying with the provisions of s.
  216  282.318.
  217         (d)Pursue appropriate funding for the purpose of enhancing
  218  domestic security.
  219         (e)Provide training for agency information security
  220  managers.
  221         (f)Annually review the strategic and operational
  222  information security plans of executive branch agencies.
  223         (6)By December 31, 2010, the agency shall develop, and
  224  submit to the President of the Senate, the Speaker of the House
  225  of Representatives, and the Governor an implementation plan for
  226  information technology security. The agency shall describe the
  227  scope of operation, conduct costs and requirements analyses,
  228  conduct an inventory of all existing security information
  229  technology resources, and develop strategies, timeframes, and
  230  resources necessary for statewide migration.
  231         (7)(5) The agency shall operate in a manner that ensures
  232  the participation and representation of state agencies and the
  233  Agency Chief Information Officers Council established in s.
  234  282.315.
  235         (8)(6) The agency may adopt rules pursuant to ss.
  236  120.536(1) and 120.54 to carry out its statutory duties.
  237         Section 3. Paragraphs (e), (w), (x), and (y) of subsection
  238  (2) of section 110.205, Florida Statutes, are amended to read:
  239         110.205 Career service; exemptions.—
  240         (2) EXEMPT POSITIONS.—The exempt positions that are not
  241  covered by this part include the following:
  242         (e) The Chief Information Officer in the Agency for
  243  Enterprise Information Technology, deputy chief information
  244  officers, chief technology officers, and deputy chief technology
  245  officers in the State Technology Office. Unless otherwise fixed
  246  by law, the Agency for Enterprise Information Technology State
  247  Technology Office shall set the salary and benefits of these
  248  positions in accordance with the rules of the Senior Management
  249  Service.
  250         (w)All managers, supervisors, and confidential employees
  251  of the State Technology Office. The State Technology Office
  252  shall set the salaries and benefits of these positions in
  253  accordance with the rules established for the Selected Exempt
  254  Service.
  255         (w)(x) Managerial employees, as defined in s. 447.203(4),
  256  confidential employees, as defined in s. 447.203(5), and
  257  supervisory employees who spend the majority of their time
  258  communicating with, motivating, training, and evaluating
  259  employees, and planning and directing employees’ work, and who
  260  have the authority to hire, transfer, suspend, lay off, recall,
  261  promote, discharge, assign, reward, or discipline subordinate
  262  employees or effectively recommend such action, including all
  263  employees serving as supervisors, administrators, and directors.
  264  Excluded are employees also designated as special risk or
  265  special risk administrative support and attorneys who serve as
  266  administrative law judges pursuant to s. 120.65 or for hearings
  267  conducted pursuant to s. 120.57(1)(a). Additionally, registered
  268  nurses licensed under chapter 464, dentists licensed under
  269  chapter 466, psychologists licensed under chapter 490 or chapter
  270  491, nutritionists or dietitians licensed under part X of
  271  chapter 468, pharmacists licensed under chapter 465,
  272  psychological specialists licensed under chapter 491, physical
  273  therapists licensed under chapter 486, and speech therapists
  274  licensed under part I of chapter 468 are excluded, unless
  275  otherwise collectively bargained.
  276         (x)(y) All officers and employees of the Justice
  277  Administrative Commission, Office of the State Attorney, Office
  278  of the Public Defender, regional offices of capital collateral
  279  counsel, offices of criminal conflict and civil regional
  280  counsel, and Statewide Guardian Ad Litem Office, including the
  281  circuit guardian ad litem programs.
  282         Section 4. Section 282.003, Florida Statutes, is amended to
  283  read:
  284         282.003 Short title.—This part may be cited as the
  285  “Enterprise Information Technology Services Resources Management
  286  Act.”
  287         Section 5. Section 282.0041, Florida Statutes, is amended
  288  to read:
  289         282.0041 Definitions.—As used in this chapter For the
  290  purposes of this part, the term:
  291         (1) “Agency” has the same meaning as means those entities
  292  described in s. 216.011(1)(qq).
  293         (2) “Agency chief information officer” means the person
  294  employed appointed by the agency head to coordinate and manage
  295  the information technology functions and responsibilities
  296  applicable to that agency, and to participate and represent the
  297  agency in developing strategies for implementing enterprise
  298  information technology services established pursuant to this
  299  part, identified in law and to develop developing
  300  recommendations for enterprise information technology policy.
  301         (3) “Agency Chief Information Officers Council” means the
  302  council created in s. 282.315.
  303         (4) “Agency for Enterprise Information Technology” means
  304  the agency created in s. 14.204.
  305         (5) “Agency information technology service” means a service
  306  that directly helps an agency fulfill its statutory or
  307  constitutional responsibilities and policy objectives and is
  308  usually associated with the agency's primary or core business
  309  functions.
  310         (6) “Annual budget meeting” means a meeting of the board of
  311  trustees of a primary data center to review data center usage to
  312  determine the apportionment of board members for the following
  313  fiscal year, review rates for each service provided, and
  314  determine any other required changes.
  315         (7)“Breach” means the unauthorized acquisition,
  316  accidentally or deliberately, of computerized data that
  317  materially compromises the security, confidentiality, or
  318  integrity of personal information.
  319         (8)(7) “Business continuity plan” means a plan for disaster
  320  recovery which provides for the continued functioning of a
  321  primary data center during and after a disaster.
  322         (9)(8) “Computing facility” means agency space containing
  323  fewer than a total of 10 physical or logical servers, any of
  324  which supports a strategic or nonstrategic information
  325  technology service, as described in budget instructions
  326  developed pursuant to s. 216.023, but excluding single, logical
  327  server single-server installations that exclusively perform a
  328  utility function such as file and print servers.
  329         (10)(9) “Customer entity” means an entity that obtains
  330  services from a primary data center.
  331         (11)(10) “Data center” means agency space containing 10 or
  332  more physical or logical servers any of which supports a
  333  strategic or nonstrategic information technology service, as
  334  described in budget instructions developed pursuant to s.
  335  216.023.
  336         (12)“Department” means the Department of Management
  337  Services.
  338         (11)“Enterprise level” means all executive branch agencies
  339  created or authorized in statute to perform legislatively
  340  delegated functions.
  341         (13)(12) “Enterprise information technology service” means
  342  an information technology service that is used in all agencies
  343  or a subset of agencies and is established in law to be
  344  designed, delivered, and managed at the enterprise level.
  345         (14)(13) “E-mail, messaging, and calendaring service” means
  346  the enterprise information technology service that enables users
  347  to send, receive, file, store, manage, and retrieve electronic
  348  messages, attachments, appointments, and addresses.
  349         (15)(14) “Information-system utility” means a full-service
  350  information-processing facility offering hardware, software,
  351  operations, integration, networking, and consulting services.
  352         (16)(15) “Information technology” means equipment,
  353  hardware, software, firmware, programs, systems, networks,
  354  infrastructure, media, and related material used to
  355  automatically, electronically, and wirelessly collect, receive,
  356  access, transmit, display, store, record, retrieve, analyze,
  357  evaluate, process, classify, manipulate, manage, assimilate,
  358  control, communicate, exchange, convert, converge, interface,
  359  switch, or disseminate information of any kind or form.
  360         (17)(16) “Information technology policy” means statements
  361  that describe clear choices for how information technology will
  362  deliver effective and efficient government services to residents
  363  and improve state agency operations. A policy may relate to
  364  investments, business applications, architecture, or
  365  infrastructure. A policy describes its rationale, implications
  366  of compliance or noncompliance, the timeline for implementation,
  367  metrics for determining compliance, and the accountable
  368  structure responsible for its implementation.
  369         (18)(17) “Performance metrics” means the measures of an
  370  organization's activities and performance.
  371         (19)(18) “Primary data center” means a state or nonstate
  372  agency data center that is a recipient entity for consolidation
  373  of nonprimary data centers and computing facilities. A primary
  374  data center may be authorized in law or designated by the Agency
  375  for Enterprise Information Technology pursuant to s. 282.201.
  376         (20)(19) “Project” means an endeavor that has a defined
  377  start and end point; is undertaken to create or modify a unique
  378  product, service, or result; and has specific objectives that,
  379  when attained, signify completion.
  380         (21)“Risk analysis” means the process of identifying
  381  security risks, determining their magnitude, and identifying
  382  areas needing safeguards.
  383         (22)(20) “Service level” means the key performance
  384  indicators (KPI) of an organization or service which must be
  385  regularly performed, monitored, and achieved.
  386         (23)(21) “Service-level agreement” means a written contract
  387  between a data center and a customer entity which specifies the
  388  scope of services provided, service level, the duration of the
  389  agreement, the responsible parties, and service costs. A
  390  service-level agreement is not a rule pursuant to chapter 120.
  391         (24)(22) “Standards” means the use of current, open,
  392  nonproprietary, or non-vendor-specific technologies.
  393         (25)“Threat” means any circumstance or event that may
  394  cause harm to the integrity, availability, or confidentiality of
  395  information technology resources.
  396         (26)(23) “Total cost” means all costs associated with
  397  information technology projects or initiatives, including, but
  398  not limited to, value of hardware, software, service,
  399  maintenance, incremental personnel, and facilities. Total cost
  400  of a loan or gift of information technology resources to an
  401  agency includes the fair market value of the resources; however,
  402  the total cost of loans or gifts of information technology to
  403  state universities to be used in instruction or research does
  404  not include fair market value.
  405         (27)(24) “Usage” means the billing amount charged by the
  406  primary data center, less any pass-through charges, to the
  407  customer entity.
  408         (28)(25) “Usage rate” means a customer entity's usage or
  409  billing amount as a percentage of total usage.
  410         Section 6. Subsections (2) and (3) of section 282.0056,
  411  Florida Statutes, are amended to read:
  412         282.0056 Development of work plan; development of
  413  implementation plans; and policy recommendations.—
  414         (2) By December 31, 2009, The agency may shall develop, and
  415  submit to the President of the Senate, and the Speaker of the
  416  House of Representatives, and the Governor by October 1 of each
  417  year implementation plans for at least one of the following
  418  proposed enterprise information technology services to be
  419  established in law:
  420         (a)A shared or consolidated enterprise information
  421  technology service delivery and support model for the e-mail,
  422  messaging, and calendaring service.
  423         (b)Information security.
  424         (c)Consideration of a planned replacement cycle for
  425  computer equipment.
  426         (3) In developing policy recommendations and implementation
  427  plans for established and proposed enterprise information
  428  technology services, the agency shall describe the scope of
  429  operation, conduct costs and requirements analyses, conduct an
  430  inventory of all existing information technology resources that
  431  are associated with each service, and develop strategies and
  432  timeframes for statewide migration. For purposes of
  433  consolidating state-owned or state-operated computer rooms and
  434  data centers, the agency shall develop a migration plan for any
  435  consolidation effort.
  436         Section 7. Subsection (2), paragraph (c) of subsection (3),
  437  and subsection (4) of section 282.201, Florida Statutes, are
  438  amended to read:
  439         282.201 State data center system; agency duties and
  440  limitations.—A state data center system that includes all
  441  primary data centers, other nonprimary data centers, and
  442  computing facilities, and that provides an enterprise
  443  information technology service as defined in s. 282.0041, is
  444  established.
  445         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  446  The Agency for Enterprise Information Technology shall:
  447         (a) Collect and maintain information necessary for
  448  developing policies relating to the data center system,
  449  including, but not limited to, an inventory of facilities.
  450         (b) Annually approve cost-recovery mechanisms and rate
  451  structures for primary data centers which recover costs through
  452  charges to customer entities.
  453         (c) By December 31 of each year beginning in 2009, submit
  454  to the Legislature recommendations to improve the efficiency and
  455  effectiveness of computing services provided by state data
  456  center system facilities. Such recommendations may include, but
  457  need not be limited to:
  458         1. Policies for improving the cost-effectiveness and
  459  efficiency of the state data center system.
  460         2. Infrastructure improvements supporting the consolidation
  461  of facilities or preempting the need to create additional data
  462  centers center facilities or computing facilities.
  463         3. Standards for an objective, credible energy performance
  464  rating system that data center boards of trustees can use to
  465  measure state data center energy consumption and efficiency on a
  466  biannual basis.
  467         4. Uniform disaster recovery standards.
  468         5. Standards for primary data centers providing transparent
  469  financial data to user agencies.
  470         6. Consolidation of contract practices or coordination of
  471  software, hardware, or other technology-related procurements.
  472         7. Improvements to data center governance structures.
  473         (d) By October 1 December 31 of each year beginning in
  474  2009, identify at least two nonprimary data centers or computing
  475  facilities for consolidation into a primary data center or
  476  nonprimary data center facility.
  477         1. The consolidation proposal must provide a transition
  478  plan that includes:, including
  479         a. Estimated transition costs for each data center or
  480  computing facility recommended for consolidation;,
  481         b.Detailed timeframes for the complete transition of each
  482  data center or computing facility recommended for
  483  consolidation;,
  484         c. Proposed recurring and nonrecurring fiscal impacts,
  485  including increased or decreased costs and associated budget
  486  impacts for affected budget entities; budgetary savings, and
  487         d. Substantive legislative changes necessary to implement
  488  the transition.
  489         2.1. Recommendations shall be based on the goal of
  490  maximizing current and future cost savings. The agency shall
  491  consider the following criteria in selecting consolidations that
  492  maximize efficiencies by providing the ability to:
  493         a. Consolidate purchase decisions;
  494         b. Leverage expertise and other resources to gain economies
  495  of scale;
  496         c. Implement state information technology policies more
  497  effectively;
  498         d. Maintain or improve the level of service provision to
  499  customer entities; and
  500         e. Make progress towards the state's goal of consolidating
  501  data centers and computing facilities into primary data centers.
  502         3.2. The agency shall establish workgroups as necessary to
  503  ensure participation by affected agencies in the development of
  504  recommendations related to consolidations.
  505         4.3. By December 31, 2010, the agency shall develop and
  506  submit to the Legislature an overall consolidation plan for
  507  state data centers and computing facilities. The plan shall
  508  indicate a timeframe for the consolidation of all remaining
  509  nonprimary data centers facilities into primary data centers,
  510  including existing and proposed primary data centers, by 2019.
  511         5.4. This paragraph expires July 1, 2017.
  512         (e) Develop and establish rules policies by rule relating
  513  to the operation of the state data center system which must
  514  comply with applicable federal regulations, including 2 C.F.R.
  515  part 225 and 45 C.F.R. The rules policies may address:
  516         1. Ensuring that financial information is captured and
  517  reported consistently and accurately.
  518         2. Requiring the establishment of service-level agreements
  519  executed between a data center and its customer entities for
  520  services provided.
  521         3. Requiring annual full cost recovery on an equitable
  522  rational basis. The cost-recovery methodology must ensure that
  523  no service is subsidizing another service and may include
  524  adjusting the subsequent year's rates as a means to recover
  525  deficits or refund surpluses from a prior year.
  526         4. Requiring that any special assessment imposed to fund
  527  expansion is based on a methodology that apportions the
  528  assessment according to the proportional benefit to each
  529  customer entity.
  530         5. Requiring that rebates be given when revenues have
  531  exceeded costs, that rebates be applied to offset charges to
  532  those customer entities that have subsidized the costs of other
  533  customer entities, and that such rebates may be in the form of
  534  credits against future billings.
  535         6. Requiring that all service-level agreements have a
  536  contract term of up to 3 years, but may include an option to
  537  renew for up to 3 additional years contingent on approval by the
  538  board, and require at least a 180-day notice of termination.
  539         7. Designating any nonstate data centers as primary data
  540  centers if the center:
  541         a. Has an established governance structure that represents
  542  customer entities proportionally.
  543         b. Maintains an appropriate cost-allocation methodology
  544  that accurately bills a customer entity based on the actual
  545  direct and indirect costs to the customer entity, and prohibits
  546  the subsidization of one customer entity's costs by another
  547  entity.
  548         c. Has sufficient raised floor space, cooling, redundant
  549  power capacity, including uninterruptible power supply and
  550  backup power generation, to accommodate the computer processing
  551  platforms and support necessary to host the computing
  552  requirements of additional customer entities.
  553         8.Removing nonstate data centers from primary data center
  554  designation if the nonstate data center fails to meet standards
  555  necessary to ensure that the state's data is maintained pursuant
  556  to subparagraph 7.
  557         (3) STATE AGENCY DUTIES.—
  558         (c) The chief information officer of each state agency
  559  shall assist the Agency for Enterprise Information Technology at
  560  the request of as required by the Agency for Enterprise
  561  Information Technology agency.
  562         (4) AGENCY LIMITATIONS.—
  563         (a) Unless authorized by the Legislature or as provided in
  564  paragraphs (b) and (c) paragraph (b), a state agency may not:
  565         1. Create a new computing facility or data center, or
  566  expand the capability to support additional computer equipment
  567  in an existing computing facility or nonprimary data center;
  568         2. Transfer existing computer services to a nonprimary data
  569  center or computing facility;
  570         3. Terminate services with a primary data center or
  571  transfer services between primary data centers without giving
  572  written notice of intent to terminate or transfer services 180
  573  days before such termination or transfer; or
  574         4. Initiate a new computer service if it does not currently
  575  have an internal data center except with a primary data center.
  576         (b) Exceptions to the limitations in subparagraphs (a)1.,
  577  2., and 4. paragraph (a) may be granted by the agency head of
  578  the Agency for Enterprise Information Technology if there is
  579  insufficient capacity in a primary data center to absorb the
  580  workload associated with agency computing services.
  581         1.A request for an exception must be submitted in writing
  582  to the Agency for Enterprise Information Technology. The agency
  583  must accept, accept with conditions, or deny the request within
  584  60 days after receipt of the written request. The agency's
  585  decision is not subject to chapter 120.
  586         2.At a minimum, the agency may not approve a request
  587  unless it includes:
  588         a.Documentation approved by the primary data center's
  589  board of trustees which confirms that the center cannot meet the
  590  capacity requirements of the agency requesting the exception
  591  within the current fiscal year.
  592         b.A description of the capacity requirements of the agency
  593  requesting the exception.
  594         c.Documentation from the agency demonstrating why it is
  595  critical to the agency's mission that the expansion or transfer
  596  must be completed within the fiscal year rather than when
  597  capacity is established at a primary data center.
  598         (c)Exceptions to subparagraph (a)3. may be granted by the
  599  board of trustees of the primary data center if the termination
  600  or transfer of services can be absorbed within the current cost
  601  allocation plan.
  602         (d)Upon the termination of or transfer of agency computing
  603  services from the primary data center, the primary data center
  604  shall require information sufficient to determine compliance
  605  with this section. If a primary data center determines that an
  606  agency is in violation of this section, it shall report the
  607  violation to the Agency for Enterprise Information Technology.
  608         Section 8. Paragraph (j) is added to subsection (1) of
  609  section 282.203, Florida Statutes, subsection (2) of that
  610  section is amended, and paragraph (j) is added to subsection (3)
  611  of that section, to read:
  612         282.203 Primary data centers.—
  613         (1) DATA CENTER DUTIES.—Each primary data center shall:
  614         (j)Be the custodian of resources and equipment that are
  615  located, operated, supported, and managed by the center for the
  616  purposes of chapter 273.
  617         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  618  headed by a board of trustees as defined in s. 20.03.
  619         (a) The members of the board shall be appointed by the
  620  agency head or chief executive officer of the representative
  621  customer entities of the primary data center and shall serve at
  622  the pleasure of the appointing customer entity. The initial
  623  appointments of members shall be made as soon as practicable,
  624  but not later than July 1, 2008.
  625         1. For each of the first 2 fiscal years that a center is in
  626  operation, membership shall be apportioned as provided in
  627  subparagraph 3. based on projected customer entity usage rates
  628  for the fiscal operating year of the primary data center.
  629  However, at a minimum:
  630         a. During the Southwood Shared Resource Center's first 2
  631  operating years, the Department of Transportation, the
  632  Department of Highway Safety and Motor Vehicles, the Department
  633  of Health, and the Department of Revenue must each have at least
  634  one trustee.
  635         b. During the Northwood Shared Resource Center's first
  636  operating year, the Department of State and the Department of
  637  Education must each have at least one trustee.
  638         2. After the second full year of operation, membership
  639  shall be apportioned as provided in subparagraph 3. based on the
  640  most recent estimate of customer entity usage rates for the
  641  prior year and a projection of usage rates for the first 9
  642  months of the next fiscal year. Such calculation must be
  643  completed before the annual budget meeting held before the
  644  beginning of the next fiscal year so that any decision to add or
  645  remove board members can be voted on at the budget meeting and
  646  become effective on July 1 of the subsequent fiscal year.
  647         3. Each customer entity that has a projected usage rate of
  648  4 percent or greater during the fiscal operating year of the
  649  primary data center shall have one trustee on the board.
  650  Membership shall be apportioned using the following criteria:
  651         4.The total number of votes for each trustee shall be
  652  apportioned as follows:
  653         a. Customer entities of a primary data center whose usage
  654  rate represents 4 but less than 15 to 14 percent of total usage
  655  shall have one vote trustee.
  656         b. Customer entities of a primary data center whose usage
  657  rate represents 15 but less than 30 to 29 percent of total usage
  658  shall have two votes trustees.
  659         c. Customer entities of a primary data center whose usage
  660  rate represents 30 but less than 50 to 49 percent of total usage
  661  shall have three votes trustees.
  662         d. A customer entity of a primary data center whose usage
  663  rate represents 50 percent or more of total usage shall have
  664  four votes trustees.
  665         e. A single trustee having one vote shall represent those
  666  customer entities that represent less than 4 percent of the
  667  total usage. The trustee shall be selected by a process
  668  determined by the board.
  669         f.The executive director of the Agency for Enterprise
  670  Information Technology shall serve as a voting member of the
  671  board.
  672         (b) Before July 1 of each year, each board of trustees of a
  673  primary data center shall elect a chair and a vice chair to a
  674  term of 1 year or until a successor is elected. The vice chair
  675  shall serve in the absence of the chair. The vice chair may not
  676  be from the same customer entity as the chair. The chair may be
  677  elected to serve one additional successive term.
  678         (c) Members of the board representing customer entities who
  679  fail to timely pay for data center services do not have voting
  680  rights.
  681         (d) The board shall take action by majority vote. If there
  682  is a tie, the chair shall be on the prevailing side.
  683         (e)The executive director of the Agency for Enterprise
  684  Information Technology shall be the advisor to the board.
  685         (3) BOARD DUTIES.—Each board of trustees of a primary data
  686  center shall:
  687         (j)Maintain the capabilities of the primary data center's
  688  facilities. Maintenance responsibilities include, but are not
  689  limited to, ensuring that adequate conditioned floor space, fire
  690  suppression, cooling, and power is in place; replacing aging
  691  equipment when necessary; and making decisions related to data
  692  center expansion and renovation, periodic upgrades, and
  693  improvements that are required to ensure the ongoing suitability
  694  of the facility as an enterprise data center consolidation site
  695  in the state data center system. To the extent possible, the
  696  board shall ensure that its approved annual cost-allocation plan
  697  recovers sufficient funds from its customers to provide for
  698  these needs pursuant to s. 282.201(2)(e).
  699         Section 9. Section 282.204, Florida Statutes, is amended to
  700  read:
  701         282.204 Northwood Shared Resource Center.—
  702         (1) Beginning July 1, 2008, A workgroup shall be
  703  established within the Department of Children and Family
  704  Services for the purpose of developing a plan for converting its
  705  data center to a primary data center.
  706         (a) The workgroup shall be chaired by a member appointed by
  707  the secretary of the department. Workgroup members may include
  708  other state agencies who will be customers of the data center
  709  during the 2009-2010 fiscal year. The workgroup shall include
  710  staff members who have appropriate financial and technical
  711  skills as determined by the chair of the workgroup.
  712         (b) The conversion plan shall address organizational
  713  changes, personnel changes, cost-allocation plan changes, and
  714  any other changes necessary to effectively convert to a primary
  715  state data center capable of providing computer services as
  716  required by s. 282.201.
  717         (c) The workgroup shall submit recommendations for
  718  facilitating the conversion to the Governor and Cabinet, the
  719  President of the Senate, and the Speaker of the House of
  720  Representatives by December 31, 2008.
  721         (2) Effective July 1, 2009, The Northwood Shared Resource
  722  Center is an agency is established within the Department of
  723  Children and Family Services for administrative purposes only.
  724         (a) The center is designated as a primary data center and
  725  shall be a separate budget entity that is not subject to
  726  control, supervision, or direction of the department in any
  727  manner, including, but not limited to, purchasing, transactions
  728  involving real or personal property, personnel, or budgetary
  729  matters.
  730         (b)(3) The center shall be headed by a board of trustees as
  731  provided in s. 282.203, who shall comply with all requirements
  732  of that section related to the operation of the center and with
  733  the rules policies of the Agency for Enterprise Information
  734  Technology related to the design and delivery of enterprise
  735  information technology services. The secretary of the department
  736  may appoint a temporary board chair for the purpose of convening
  737  the board of trustees, selecting a chair, and determining board
  738  membership.
  739         (3)The Department of Children and Family Services and the
  740  center shall identify resources associated with information
  741  technology functions which are not related to the support,
  742  management, and operation of the data center but which currently
  743  exist within the same budget entity as the data center. By
  744  October 1, 2009, the center shall submit a budget amendment to
  745  transfer resources associated with these functions to the
  746  department.
  747         Section 10. Section 282.205, Florida Statutes, is amended
  748  to read:
  749         282.205 Southwood Shared Resource Center.—
  750         (1)Effective July 1, 2008, The Southwood Shared Resource
  751  Center is an agency established within the department of
  752  Management Services for administrative purposes only.
  753         (1) The center is designated as a primary data center and
  754  shall be a separate budget entity that is not subject to
  755  control, supervision, or direction of the department in any
  756  manner, including, but not limited to, purchasing, transactions
  757  involving real or personal property, personnel, or budgetary
  758  matters.
  759         (2)The Department of Management Services and the center
  760  shall identify resources associated with information technology
  761  functions which are not related to the support, management, and
  762  operation of the data center but which currently exist within
  763  the same budget entity as the data center. By October 1, 2008,
  764  the center shall submit a budget amendment to transfer resources
  765  associated with these functions to the Department of Management
  766  Services.
  767         (2)(3) The center shall be headed by a board of trustees as
  768  provided in s. 282.203, who shall comply with all requirements
  769  of that section related to the operation of the center and with
  770  the rules policies of the Agency for Enterprise Information
  771  Technology related to the design and delivery of enterprise
  772  information technology services.
  773         Section 11. Section 282.318, Florida Statutes, is amended
  774  to read:
  775         282.318 Security of data and information technology
  776  resources.—
  777         (1) This section may be cited as the “Enterprise Security
  778  of Data and Information Technology Infrastructure Act.”
  779         (2)Information technology security is established as an
  780  enterprise information technology service as defined in s.
  781  287.0041.
  782         (3)(2)(a) The Office of Information Security within the
  783  Agency for Enterprise Information Technology, in consultation
  784  with each agency head, is responsible for establishing rules and
  785  publishing guidelines assessing and recommending minimum
  786  operating procedures for ensuring an appropriate adequate level
  787  of security for all data and information technology resources
  788  for executive branch agencies created or authorized in statute
  789  to perform legislatively delegated functions.
  790         (a) To assist the Office of Information Security agency in
  791  carrying out this responsibility, each agency head shall, at a
  792  minimum:
  793         1. Designate an information security manager to who shall
  794  administer the security program of the agency for its data and
  795  information technology resources. This designation must be
  796  provided annually in writing to the office by January 1.
  797         2.Submit to the office annually by July 31, the agency's
  798  strategic and operational information security plans developed
  799  pursuant to the rules and guidelines established by the office.
  800         a.The agency strategic information security plan must
  801  cover a 3-year period and define security goals, intermediate
  802  objectives, and projected agency costs for the strategic issues
  803  of agency information security policy, risk management, security
  804  training, security incident response, and survivability. The
  805  plan must be based on the enterprise strategic information
  806  security plan created by the office. Additional issues may be
  807  included.
  808         b.The agency operational information security plan must
  809  include a progress report for the prior operational information
  810  security plan and a project plan that includes activities,
  811  timelines, and deliverables for security objectives that,
  812  subject to current resources, the agency will implement during
  813  the current fiscal year. The cost of implementing the plan which
  814  cannot be funded from current resources must be identified in
  815  the plan.
  816         3.2. Conduct, and update every 3 years, a comprehensive
  817  risk analysis to determine the security threats to the data,
  818  information, and information technology resources of the agency.
  819  The risk analysis information is confidential and exempt from
  820  the provisions of s. 119.07(1), except that such information
  821  shall be available to the Auditor General and the Agency for
  822  Enterprise Information Technology for in performing postauditing
  823  duties.
  824         4.3. Develop, and periodically update, written internal
  825  policies and procedures, which shall include procedures for
  826  notifying the office Agency for Enterprise Information
  827  Technology when a suspected or confirmed breach of personal
  828  information or exempt data, or an information security incident,
  829  occurs or data is compromised. Such policies and procedures must
  830  be consistent with the rules and guidelines established standard
  831  operating procedures adopted by the office Agency for Enterprise
  832  Information Technology in order to ensure the security of the
  833  data, information, and information technology resources of the
  834  agency. The internal policies and procedures that, if disclosed,
  835  could facilitate the unauthorized modification, disclosure, or
  836  destruction of data or information technology resources are
  837  confidential information and exempt from the provisions of s.
  838  119.07(1), except that such information shall be available to
  839  the Auditor General and the Agency for Enterprise Information
  840  Technology for in performing postauditing duties.
  841         5.4. Implement appropriate cost-effective safeguards to
  842  address reduce, eliminate, or recover from the identified risks
  843  to the data, information, and information technology resources
  844  of the agency.
  845         6.5. Ensure that periodic internal audits and evaluations
  846  of the agency's security program for the data, information, and
  847  information technology resources of the agency are conducted.
  848  The results of such internal audits and evaluations are
  849  confidential information and exempt from the provisions of s.
  850  119.07(1), except that such information shall be available to
  851  the Auditor General and the Agency for Enterprise Information
  852  Technology for in performing postauditing duties.
  853         7.6. Include appropriate security requirements in the
  854  written specifications for the solicitation of information
  855  technology and information technology resources and services,
  856  which are consistent with the rules and guidelines established
  857  standard security operating procedures adopted by the office
  858  Agency for Enterprise Information Technology.
  859         8.Provide security awareness training to employees and
  860  users of the agency’s communication and information resources
  861  concerning information security risks and the responsibility of
  862  employees and users to comply with policies, standards,
  863  guidelines, and operating procedures adopted by the agency to
  864  reduce those risks.
  865         9.Develop a process for detecting, reporting, and
  866  responding to suspected or confirmed security incidents,
  867  including suspected or confirmed breaches of personal
  868  information or exempt data consistent with the security rules
  869  and guidelines established by the office.
  870         a.Suspected or confirmed information security incidents
  871  and breaches of personal information or exempt data must be
  872  immediately reported to the office.
  873         b.For incidents involving breaches of confidential
  874  personal information in third-party possession, agencies shall
  875  provide notice in accordance with s. 817.5681 and to the office
  876  in accordance with this subsection.
  877         (b) Each In those instances under this subsection in which
  878  the state agency or department develops state contracts, the
  879  state agency or department shall include appropriate security
  880  requirements in the specifications for the solicitation of for
  881  state contracts for procuring information technology or
  882  information technology resources or services which are
  883  consistent with the rules and guidelines established by the
  884  Office of Information Security.
  885         (3)The Agency for Enterprise Information Technology shall
  886  designate a chief information security officer.
  887         (4)The Agency for Enterprise Information Technology shall
  888  develop standards and templates for conducting comprehensive
  889  risk analyses and information security audits by state agencies,
  890  assist agencies in their compliance with the provisions of this
  891  section, pursue appropriate funding provided for the purpose of
  892  enhancing domestic security, establish minimum guidelines and
  893  procedures for the recovery of information technology following
  894  a disaster, and provide training for agency information security
  895  managers. Standards, templates, guidelines, and procedures shall
  896  be published annually, no later than September 30 each year, to
  897  enable agencies to incorporate them in their planning for the
  898  following fiscal year.
  899         (4)(5) The Agency for Enterprise Information Technology may
  900  adopt rules pursuant to ss. 120.536(1) and 120.54 relating to
  901  information security and to administer the provisions of this
  902  section.
  903         Section 12. Paragraph (b) of subsection (2) of section
  904  282.33, Florida Statutes, is amended to read:
  905         282.33 Objective standards for data center energy
  906  efficiency.—
  907         (2) State shared resource data centers and other data
  908  centers that the Agency for Enterprise Information Technology
  909  has determined will be recipients for consolidating data
  910  centers, which are designated by the Agency for Enterprise
  911  Information Technology, shall evaluate their data center
  912  facilities for energy efficiency using the standards established
  913  in this section.
  914         (b) By December 31, 2010, and biennially biannually
  915  thereafter, the Agency for Enterprise Information Technology
  916  shall submit to the Legislature recommendations for reducing
  917  energy consumption and improving the energy efficiency of state
  918  primary data centers.
  919         Section 13. Section 282.34, Florida Statutes, is created to
  920  read:
  921         282.34State e-mail system.—A state e-mail system that
  922  includes the service delivery and support for an e-mail
  923  messaging and calendaring service, is established as an
  924  enterprise information technology service as defined in s.
  925  282.0041.
  926         (1) The Southwood Shared Resource Center, a primary data
  927  center, shall manage and operate the state e-mail system.
  928         (2)By December 31, 2009, the Agency for Enterprise
  929  Information Technology shall describe the scope of operation,
  930  conduct costs and requirements analyses, conduct an inventory of
  931  all existing information technology resources associated with
  932  each service, and develop strategies and timeframes for
  933  statewide migration to an enterprise e-mail system.
  934         (3)The Agency for Enterprise Information Technology shall
  935  form a workgroup consisting of the executive directors of the
  936  Northwood Shared Resource Center and the Southwood Shared
  937  Resource Center and other agency staff to develop an
  938  implementation plan for migration to a state e-mail system.
  939         (4)Unless authorized by the Legislature, a state agency
  940  may not terminate e-mail services provided by the state e-mail
  941  system established under this section.
  942         Section 14. The Division of Statutory Revision is requested
  943  to create part IV of chapter 282, consisting of sections 282.701
  944  through 282.711, Florida Statutes.
  945         Section 15. Section 282.701, Florida Statutes, is created
  946  to read:
  947         282.701Short title.—This part may be cited as the
  948  “Communication Information Technology Services Act.”
  949         Section 16. Section 282.102, Florida Statues, is
  950  transferred and renumbered as section 282.702, Florida Statutes.
  951         Section 17. Section 282.103, Florida Statutes, is
  952  transferred, renumbered as section 282.703, Florida Statutes,
  953  and amended to read:
  954         282.703 282.103 SUNCOM Network; exemptions from the
  955  required use.—
  956         (1) There is created within the department of Management
  957  Services the SUNCOM Network, which shall be developed to serve
  958  as the state communications system for providing local and long
  959  distance communications services to state agencies, political
  960  subdivisions of the state, municipalities, state universities,
  961  and nonprofit corporations pursuant to this part ss. 282.102
  962  282.111. The SUNCOM Network shall be developed to transmit all
  963  types of communications signals, including, but not limited to,
  964  voice, data, video, image, and radio. State agencies shall
  965  cooperate and assist in the development and joint use of
  966  communications systems and services.
  967         (2) The department State Technology Office shall design,
  968  engineer, implement, manage, and operate through state
  969  ownership, commercial leasing, or some combination thereof, the
  970  facilities and equipment providing SUNCOM Network services, and
  971  shall develop a system of equitable billings and charges for
  972  communication services.
  973         (3) All state agencies and state universities shall are
  974  required to use the SUNCOM Network for agency and state
  975  university communications services as the services become
  976  available; however, no agency or university is relieved of
  977  responsibility for maintaining communications services necessary
  978  for effective management of its programs and functions. If a
  979  SUNCOM Network service does not meet the communications
  980  requirements of an agency or university, the agency or
  981  university shall notify the department State Technology Office
  982  in writing and detail the requirements for that communications
  983  service. If the department office is unable to meet an agency's
  984  or university's requirements by enhancing SUNCOM Network
  985  service, the department office may grant the agency or
  986  university an exemption from the required use of specified
  987  SUNCOM Network services.
  988         Section 18. Section 282.104, Florida Statutes, is
  989  transferred, renumbered as section 282.704, Florida Statutes,
  990  and amended to read:
  991         282.704 282.104 Use of state SUNCOM Network by
  992  municipalities.—Any municipality may request the department
  993  State Technology Office to provide any or all of the SUNCOM
  994  Network's portfolio of communications services upon such terms
  995  and under such conditions as the department office may
  996  establish. The requesting municipality shall pay its share of
  997  installation and recurring costs according to the published
  998  rates for SUNCOM Network services and as invoiced by the
  999  department office. Such municipality shall also pay for any
 1000  requested modifications to existing SUNCOM Network services, if
 1001  any charges apply.
 1002         Section 19. Section 282.105, Florida Statutes, is
 1003  transferred, renumbered as section 282.705, Florida Statutes,
 1004  and amended to read:
 1005         282.705 282.105 Use of state SUNCOM Network by nonprofit
 1006  corporations.—
 1007         (1) The department State Technology Office shall provide a
 1008  means whereby private nonprofit corporations under contract with
 1009  state agencies or political subdivisions of the state may use
 1010  the state SUNCOM Network, subject to the limitations in this
 1011  section. In order to qualify to use the state SUNCOM Network, a
 1012  nonprofit corporation shall:
 1013         (a) Expend the majority of its total direct revenues for
 1014  the provision of contractual services to the state, a
 1015  municipality, or a political subdivision of the state; and
 1016         (b) Receive only a small portion of its total revenues from
 1017  any source other than a state agency, a municipality, or a
 1018  political subdivision of the state during the period of time
 1019  SUNCOM Network services are requested.
 1020         (2) Each nonprofit corporation seeking authorization to use
 1021  the state SUNCOM Network pursuant to this section shall provide
 1022  to the department office, upon request, proof of compliance with
 1023  subsection (1).
 1024         (3) Nonprofit corporations established pursuant to general
 1025  law and an association of municipal governments which is wholly
 1026  owned by the municipalities are shall be eligible to use the
 1027  state SUNCOM Network, subject to the terms and conditions of the
 1028  department office.
 1029         (4) Institutions qualified to participate in the William L.
 1030  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1031  1009.89 are shall be eligible to use the state SUNCOM Network,
 1032  subject to the terms and conditions of the department office.
 1033  Such entities are shall not be required to satisfy the other
 1034  criteria of this section.
 1035         (5) Private, nonprofit elementary and secondary schools are
 1036  shall be eligible for rates and services on the same basis as
 1037  public schools if such, providing these nonpublic schools do not
 1038  have an endowment in excess of $50 million.
 1039         Section 20. Section 282.106, Florida Statutes, is
 1040  transferred, renumbered as section 282.706, Florida Statutes,
 1041  and amended to read:
 1042         282.706 282.106 Use of SUNCOM Network by libraries.—The
 1043  department State Technology Office may provide SUNCOM Network
 1044  services to any library in the state, including libraries in
 1045  public schools, community colleges, state universities, and
 1046  nonprofit private postsecondary educational institutions, and
 1047  libraries owned and operated by municipalities and political
 1048  subdivisions.
 1049         Section 21. Section 282.107, Florida Statutes, is
 1050  transferred and renumbered as section 282.707, Florida Statutes,
 1051  and amended to read:
 1052         282.707 282.107 SUNCOM Network; criteria for usage.—
 1053         (1) The department of Management Services shall
 1054  periodically review the qualifications of subscribers using the
 1055  state SUNCOM Network and shall terminate services provided to
 1056  any facility not qualified under this part pursuant to ss.
 1057  282.102-282.111 or rules adopted hereunder. In the event of
 1058  nonpayment of invoices by subscribers whose SUNCOM Network
 1059  invoices are paid from sources other than legislative
 1060  appropriations, such nonpayment represents good and sufficient
 1061  reason to terminate service.
 1062         (2) The department of Management Services shall adopt rules
 1063  for implementing and operating the state SUNCOM Network, which
 1064  shall include its procedures for withdrawing and restoring
 1065  authorization to use the state SUNCOM Network. Such rules shall
 1066  provide a minimum of 30 days' notice to affected parties before
 1067  terminating prior to termination of voice communications
 1068  service.
 1069         (3) Nothing in This section does not shall be construed to
 1070  limit or restrict the ability of the Florida Public Service
 1071  Commission to set jurisdictional tariffs of telecommunications
 1072  companies.
 1073         Section 22. Section 282.109, Florida Statutes, is
 1074  transferred and renumbered as section 282.708, Florida Statutes.
 1075         Section 23. Section 282.1095, Florida Statutes, is
 1076  transferred, renumbered as section 282.709, Florida Statutes,
 1077  and amended to read:
 1078         282.709 282.1095 State agency law enforcement radio system
 1079  and interoperability network.—
 1080         (1) The department State Technology Office may acquire and
 1081  administer implement a statewide radio communications system to
 1082  serve law enforcement units of state agencies, and to serve
 1083  local law enforcement agencies through mutual aid channels. The
 1084  Joint Task Force on State Agency Law Enforcement Communications
 1085  is established in the State Technology Office to advise the
 1086  office of member-agency needs for the planning, designing, and
 1087  establishment of the joint system. The State Agency Law
 1088  Enforcement Radio System Trust Fund is established in the State
 1089  Technology Office. The trust fund shall be funded from
 1090  surcharges collected under ss. 320.0802 and 328.72.
 1091         (a)The department shall, in conjunction with the
 1092  Department of Law Enforcement and the Division of Emergency
 1093  Management of the Department of Community Affairs, establish
 1094  policies, procedures, and standards to be incorporated into a
 1095  comprehensive management plan for the use and operation of the
 1096  statewide radio communications system.
 1097         (b)The department shall bear the overall responsibility
 1098  for the design, engineering, acquisition, and implementation of
 1099  the statewide radio communications system and for ensuring the
 1100  proper operation and maintenance of all common system equipment.
 1101         (c)1.The department may rent or lease space on any tower
 1102  under its control and refuse to lease space on any tower at any
 1103  site.
 1104         2.The department may rent, lease, or sublease ground space
 1105  as necessary to locate equipment to support antennae on the
 1106  towers. The costs for the use of such space shall be established
 1107  by the department for each site if it is determined to be
 1108  practicable and feasible to make space available.
 1109         3.The department may rent, lease, or sublease ground space
 1110  on lands acquired by the department for the construction of
 1111  privately owned or publicly owned towers. The department may, as
 1112  a part of such rental, lease, or sublease agreement, require
 1113  space on such towers for antennae as necessary for the
 1114  construction and operation of the state agency law enforcement
 1115  radio system or any other state need.
 1116         4.All moneys collected by the department for rents,
 1117  leases, and subleases under this subsection shall be deposited
 1118  directly into the Law Enforcement Radio Operating Trust Fund
 1119  established in subsection (3) and may be used by the department
 1120  to construct, maintain, or support the system.
 1121         5.The positions necessary for the department to accomplish
 1122  its duties under this subsection shall be established in the
 1123  General Appropriations Act and funded by the Law Enforcement
 1124  Radio Operating Trust Fund or other revenue sources.
 1125         (d)The department shall exercise its powers and duties
 1126  under this part to plan, manage, and administer the mutual aid
 1127  channels in the statewide radio communication system.
 1128         1.In implementing such powers and duties, the department
 1129  shall consult and act in conjunction with the Department of Law
 1130  Enforcement and the Division of Emergency Management of the
 1131  Department of Community Affairs, and shall manage and administer
 1132  the mutual aid channels in a manner that reasonably addresses
 1133  the needs and concerns of the involved law enforcement agencies
 1134  and emergency response agencies and entities.
 1135         2.The department may make the mutual aid channels
 1136  available to federal agencies, state agencies, and agencies of
 1137  the political subdivisions of the state for the purpose of
 1138  public safety and domestic security.
 1139         (e)The department may allow other state agencies to use
 1140  the statewide radio communications system under terms and
 1141  conditions established by the department.
 1142         (2) The Joint Task Force on State Agency Law Enforcement
 1143  Communications is created adjunct to the department to advise
 1144  the department of member-agency needs relating to the planning,
 1145  designing, and establishment of the statewide communication
 1146  system.
 1147         (a) The Joint Task Force on State Agency Law Enforcement
 1148  Communications shall consist of eight members, as follows:
 1149         1. A representative of the Division of Alcoholic Beverages
 1150  and Tobacco of the Department of Business and Professional
 1151  Regulation who shall be appointed by the secretary of the
 1152  department.
 1153         2. A representative of the Division of Florida Highway
 1154  Patrol of the Department of Highway Safety and Motor Vehicles
 1155  who shall be appointed by the executive director of the
 1156  department.
 1157         3. A representative of the Department of Law Enforcement
 1158  who shall be appointed by the executive director of the
 1159  department.
 1160         4. A representative of the Fish and Wildlife Conservation
 1161  Commission who shall be appointed by the executive director of
 1162  the commission.
 1163         5. A representative of the Division of Law Enforcement of
 1164  the Department of Environmental Protection who shall be
 1165  appointed by the secretary of the department.
 1166         6. A representative of the Department of Corrections who
 1167  shall be appointed by the secretary of the department.
 1168         7. A representative of the Division of State Fire Marshal
 1169  of the Department of Financial Services who shall be appointed
 1170  by the State Fire Marshal.
 1171         8. A representative of the Department of Transportation who
 1172  shall be appointed by the secretary of the department.
 1173         (b) Each appointed member of the joint task force shall
 1174  serve at the pleasure of the appointing official. Any vacancy on
 1175  the joint task force shall be filled in the same manner as the
 1176  original appointment. A Any joint task force member may, upon
 1177  notification to the chair before prior to the beginning of any
 1178  scheduled meeting, appoint an alternative to represent the
 1179  member on the task force and vote on task force business in his
 1180  or her absence.
 1181         (c) The joint task force shall elect a chair from among its
 1182  members to serve a 1-year term. A vacancy in the chair of the
 1183  joint task force must be filled for the remainder of the
 1184  unexpired term by an election of the joint task force members.
 1185         (d) The joint task force shall meet as necessary, but at
 1186  least quarterly, at the call of the chair and at the time and
 1187  place designated by him or her.
 1188         (e) The per diem and travel expenses incurred by a member
 1189  of the joint task force in attending its meetings and in
 1190  attending to its affairs shall be paid pursuant to s. 112.061,
 1191  from funds budgeted to the state agency that the member
 1192  represents.
 1193         (f)The department shall provide technical support to the
 1194  joint task force.
 1195         (f)The State Technology Office is hereby authorized to
 1196  rent or lease space on any tower under its control. The office
 1197  may also rent, lease, or sublease ground space as necessary to
 1198  locate equipment to support antennae on the towers. The costs
 1199  for use of such space shall be established by the office for
 1200  each site, when it is determined to be practicable and feasible
 1201  to make space available. The office may refuse to lease space on
 1202  any tower at any site. All moneys collected by the office for
 1203  such rents, leases, and subleases shall be deposited directly
 1204  into the Law Enforcement Radio Operating Trust Fund and may be
 1205  used by the office to construct, maintain, or support the
 1206  system.
 1207         (g)The State Technology Office is hereby authorized to
 1208  rent, lease, or sublease ground space on lands acquired by the
 1209  office for the construction of privately owned or publicly owned
 1210  towers. The office may, as a part of such rental, lease, or
 1211  sublease agreement, require space on said tower or towers for
 1212  antennae as may be necessary for the construction and operation
 1213  of the state agency law enforcement radio system or any other
 1214  state need. The positions necessary for the office to accomplish
 1215  its duties under this paragraph and paragraph (f) shall be
 1216  established in the General Appropriations Act and shall be
 1217  funded by the Law Enforcement Radio Operating Trust Fund or
 1218  other revenue sources.
 1219         (h)The State Technology Office may make the mutual aid
 1220  channels in the statewide radio communications system available
 1221  to federal agencies, state agencies, and agencies of the
 1222  political subdivisions of the state for the purpose of public
 1223  safety and domestic security. The office shall exercise its
 1224  powers and duties, as specified in this chapter, to plan,
 1225  manage, and administer the mutual aid channels. The office
 1226  shall, in implementing such powers and duties, act in
 1227  consultation and conjunction with the Department of Law
 1228  Enforcement and the Division of Emergency Management of the
 1229  Department of Community Affairs, and shall manage and administer
 1230  the mutual aid channels in a manner that reasonably addresses
 1231  the needs and concerns of the involved law enforcement agencies
 1232  and emergency response agencies and entities.
 1233         (3) The State Agency Law Enforcement Radio System Trust
 1234  Fund is established in the department and funded from surcharges
 1235  collected under ss. 320.0802 and 328.72. Upon appropriation,
 1236  moneys in the trust fund may be used by the department office to
 1237  acquire by competitive procurement the equipment,; software,;
 1238  and engineering, administrative, and maintenance services it
 1239  needs to construct, operate, and maintain the statewide radio
 1240  system. Moneys in the trust fund collected as a result of the
 1241  surcharges set forth in ss. 320.0802 and 328.72 shall be used to
 1242  help fund the costs of the system. Upon completion of the
 1243  system, moneys in the trust fund may also be used by the
 1244  department office to provide for payment of the recurring
 1245  maintenance costs of the system.
 1246         (4)(a)The office shall, in conjunction with the Department
 1247  of Law Enforcement and the Division of Emergency Management of
 1248  the Department of Community Affairs, establish policies,
 1249  procedures, and standards which shall be incorporated into a
 1250  comprehensive management plan for the use and operation of the
 1251  statewide radio communications system.
 1252         (b)The joint task force, in consultation with the office,
 1253  shall have the authority to permit other state agencies to use
 1254  the communications system, under terms and conditions
 1255  established by the joint task force.
 1256         (5)The office shall provide technical support to the joint
 1257  task force and shall bear the overall responsibility for the
 1258  design, engineering, acquisition, and implementation of the
 1259  statewide radio communications system and for ensuring the
 1260  proper operation and maintenance of all system common equipment.
 1261         (4)(6)(a) The department State Technology Office may create
 1262  and administer implement an interoperability network to enable
 1263  interoperability between various radio communications
 1264  technologies and to serve federal agencies, state agencies, and
 1265  agencies of political subdivisions of the state for the purpose
 1266  of public safety and domestic security.
 1267         (a) The department office shall, in conjunction with the
 1268  Department of Law Enforcement and the Division of Emergency
 1269  Management of the Department of Community Affairs, exercise its
 1270  powers and duties pursuant to this chapter to plan, manage, and
 1271  administer the interoperability network. The office may:
 1272         1. Enter into mutual aid agreements among federal agencies,
 1273  state agencies, and political subdivisions of the state for the
 1274  use of the interoperability network.
 1275         2. Establish the cost of maintenance and operation of the
 1276  interoperability network and charge subscribing federal and
 1277  local law enforcement agencies for access and use of the
 1278  network. The department State Technology Office may not charge
 1279  state law enforcement agencies identified in paragraph (2)(a) to
 1280  use the network.
 1281         3. In consultation with the Department of Law Enforcement
 1282  and the Division of Emergency Management of the Department of
 1283  Community Affairs, amend and enhance the statewide radio
 1284  communications system as necessary to implement the
 1285  interoperability network.
 1286         (b) The department State Technology Office, in consultation
 1287  with the Joint Task Force on State Agency Law Enforcement
 1288  Communications, and in conjunction with the Department of Law
 1289  Enforcement and the Division of Emergency Management of the
 1290  Department of Community Affairs, shall establish policies,
 1291  procedures, and standards to incorporate into a comprehensive
 1292  management plan for the use and operation of the
 1293  interoperability network.
 1294         Section 24. Section 282.111, Florida Statutes, is
 1295  transferred, renumbered as section 282.710, Florida Statutes,
 1296  and amended to read:
 1297         282.710 282.111 Statewide system of regional law
 1298  enforcement communications.—
 1299         (1) It is the intent and purpose of the Legislature that a
 1300  statewide system of regional law enforcement communications be
 1301  developed whereby maximum efficiency in the use of existing
 1302  radio channels is achieved in order to deal more effectively
 1303  with the apprehension of criminals and the prevention of crime
 1304  generally. To this end, all law enforcement agencies within the
 1305  state are directed to provide the department State Technology
 1306  Office with any information the department office requests for
 1307  the purpose of implementing the provisions of subsection (2).
 1308         (2) The department State Technology Office is hereby
 1309  authorized and directed to develop and maintain a statewide
 1310  system of regional law enforcement communications. In
 1311  formulating such a system, the department office shall divide
 1312  the state into appropriate regions and shall develop a program
 1313  that includes which shall include, but is not be limited to, the
 1314  following provisions:
 1315         (a) The communications requirements for each county and
 1316  municipality comprising the region.
 1317         (b) An interagency communications provision that depicts
 1318  which shall depict the communication interfaces between
 1319  municipal, county, and state law enforcement entities operating
 1320  which operate within the region.
 1321         (c) A frequency allocation and use provision that includes
 1322  which shall include, on an entity basis, each assigned and
 1323  planned radio channel and the type of operation, simplex,
 1324  duplex, or half-duplex, on each channel.
 1325         (3) The office shall adopt any necessary rules and
 1326  regulations for administering implementing and coordinating the
 1327  statewide system of regional law enforcement communications.
 1328         (4) The secretary of the department Chief Information
 1329  Officer of the State Technology Office or his or her designee is
 1330  designated as the director of the statewide system of regional
 1331  law enforcement communications and, for the purpose of carrying
 1332  out the provisions of this section, may is authorized to
 1333  coordinate the activities of the system with other interested
 1334  state agencies and local law enforcement agencies.
 1335         (5) A No law enforcement communications system may not
 1336  shall be established or present system expanded without the
 1337  prior approval of the department State Technology Office.
 1338         (6) Within the limits of its capability, the Department of
 1339  Law Enforcement is encouraged to lend assistance to the
 1340  department State Technology Office in the development of the
 1341  statewide system of regional law enforcement communications
 1342  proposed by this section.
 1343         Section 25. Section 282.21, Florida Statutes, is
 1344  transferred, renumbered as section 282.711, Florida Statutes,
 1345  and amended to read:
 1346         282.711 282.21The State Technology Office's Remote
 1347  electronic access services.—The department State Technology
 1348  Office may collect fees for providing remote electronic access
 1349  pursuant to s. 119.07(2). The fees may be imposed on individual
 1350  transactions or as a fixed subscription for a designated period
 1351  of time. All fees collected under this section shall be
 1352  deposited in the appropriate trust fund of the program or
 1353  activity that made the remote electronic access available.
 1354         Section 26. Section 282.22, Florida Statutes, is repealed.
 1355         Section 27. Paragraph (h) is added to subsection (3) of
 1356  section 287.042, Florida Statutes, and paragraph (b) of
 1357  subsection (4) and subsections (15) and (16) of that section are
 1358  amended, to read:
 1359         287.042 Powers, duties, and functions.—The department shall
 1360  have the following powers, duties, and functions:
 1361         (3) To establish a system of coordinated, uniform
 1362  procurement policies, procedures, and practices to be used by
 1363  agencies in acquiring commodities and contractual services,
 1364  which shall include, but not be limited to:
 1365         (h)Development, in consultation with the Agency Chief
 1366  Information Officers Council, of procedures to be used by state
 1367  agencies when procuring information technology commodities and
 1368  contractual services to ensure compliance with public-records
 1369  requirements and records-retention and archiving requirements.
 1370         (4)
 1371         (b) To prescribe, in consultation with the Agency Chief
 1372  Information Officers Council State Technology Office, procedures
 1373  for procuring information technology and information technology
 1374  consultant services which provide for public announcement and
 1375  qualification, competitive solicitations, contract award, and
 1376  prohibition against contingent fees. Such procedures shall be
 1377  limited to information technology consultant contracts for which
 1378  the total project costs, or planning or study activities, are
 1379  estimated to exceed the threshold amount provided for in s.
 1380  287.017, for CATEGORY TWO.
 1381         (15)(a) To enter into joint agreements with governmental
 1382  agencies, as defined in s. 163.3164(10), for the purpose of
 1383  pooling funds for the purchase of commodities or information
 1384  technology that can be used by multiple agencies. However, the
 1385  department shall consult with the State Technology Office on
 1386  joint agreements that involve the purchase of information
 1387  technology. Agencies entering into joint purchasing agreements
 1388  with the department or the State Technology Office shall
 1389  authorize the department or the State Technology Office to
 1390  contract for such purchases on their behalf.
 1391         (a)(b) Each agency that has been appropriated or has
 1392  existing funds for such purchase the purchases, shall, upon
 1393  contract award by the department, transfer their portion of the
 1394  funds into the department's Operating Trust Fund for payment by
 1395  the department. The These funds shall be transferred by the
 1396  Executive Office of the Governor pursuant to the agency budget
 1397  amendment request provisions in chapter 216.
 1398         (b)(c) Agencies that sign the joint agreements are
 1399  financially obligated for their portion of the agreed-upon
 1400  funds. If an any agency becomes more than 90 days delinquent in
 1401  paying the funds, the department shall certify to the Chief
 1402  Financial Officer the amount due, and the Chief Financial
 1403  Officer shall transfer the amount due to the Operating Trust
 1404  Fund of the department from any of the agency's available funds.
 1405  The Chief Financial Officer shall report all of these transfers
 1406  and the reasons for the transfers to the Executive Office of the
 1407  Governor and the legislative appropriations committees.
 1408         (16)(a) To evaluate contracts let by the Federal
 1409  Government, another state, or a political subdivision for the
 1410  provision of commodities and contract services, and, if when it
 1411  is determined in writing to be cost-effective and in the best
 1412  interest of the state, to enter into a written agreement
 1413  authorizing an agency to make purchases under such a contract
 1414  approved by the department and let by the Federal Government,
 1415  another state, or a political subdivision.
 1416         (b)For contracts pertaining to the provision of
 1417  information technology, the State Technology Office, in
 1418  consultation with the department, shall assess the technological
 1419  needs of a particular agency, evaluate the contracts, and
 1420  determine whether to enter into a written agreement with the
 1421  letting federal, state, or political subdivision body to provide
 1422  information technology for a particular agency.
 1423         Section 28. Subsection (9) of section 1004.52, Florida
 1424  Statutes, is amended to read:
 1425         1004.52 Community computer access grant program.—
 1426         (9) The institute, based upon guidance from the State
 1427  Technology Office and the state's Chief Information Officer,
 1428  shall establish minimum requirements governing the
 1429  specifications and capabilities of any computers purchased with
 1430  funds awarded under this grant program.
 1431         Section 29. Rule 60DD-7, Florida Administrative Code, is
 1432  repealed and the Department of State is directed to remove this
 1433  rule from the Florida Administrative Code. Rule 60DD-2, Florida
 1434  Administrative Code, is transferred to the Agency for Enterprise
 1435  Information Technology, and rules 60DD-1, 60DD-4, 60DD-5, 60DD
 1436  6, and 60DD-8, Florida Administrative Code, are transferred to
 1437  the Department of Management Services.
 1438         Section 30. Section 17 of chapter 2008-116, 2008 Laws of
 1439  Florida, is amended to read:
 1440         Section 17. All data center functions performed, managed,
 1441  operated, or supported by state agencies with resources and
 1442  equipment currently located in a state primary data center
 1443  created by this act, excluding application development, shall be
 1444  transferred to the primary data center and that agency shall
 1445  become a full-service customer entity by July 1, 2010. All
 1446  resources and equipment located in the primary data center shall
 1447  be operated, managed, and controlled by the primary data center.
 1448  The primary data center in which such resources and equipment
 1449  are located shall be the custodian of such resources and
 1450  equipment for purposes of chapter 273, Florida Statutes. Data
 1451  center functions include, but are not limited to, responsibility
 1452  for all data center hardware, software, staff, contracted
 1453  services, and facility resources performing data center
 1454  management and operations, security, production control, backup
 1455  and recovery, disaster recovery, system administration, database
 1456  administration, system programming, job control, production
 1457  control, print, storage, technical support, help desk, and
 1458  managed services.
 1459         (1) To accomplish the transition, each state agency that is
 1460  a customer entity of a primary data center shall:
 1461         (a) By October 1, 2009, submit a plan to the board of
 1462  trustees of the appropriate primary data center describing costs
 1463  and resources currently used to manage and maintain hardware and
 1464  operating and support software housed at the primary data
 1465  center, and a plan for transferring all resources allocated to
 1466  data center functions to the primary data center. The plan
 1467  shall:
 1468         1. Include the itemized expenditures for all of the related
 1469  equipment and software in the previous 5 fiscal years.
 1470         2. Propose averages or weighted averages for transferring
 1471  spending authority related to equipment and software based upon
 1472  spending in the previous 5 fiscal years and projected needs for
 1473  the upcoming 2 fiscal years.
 1474         (b) Submit with its 2010-2011 legislative budget request
 1475  budget adjustments necessary to accomplish the transfers. These
 1476  adjustments shall include budget requests to replace existing
 1477  spending authority in the appropriations categories used to
 1478  manage, maintain, and upgrade hardware, operating software, and
 1479  support software with an amount in a single appropriation
 1480  category to pay for the services of the primary data center.
 1481         (2) The board of trustees of each primary data center
 1482  shall:
 1483         (a) Be responsible for the efficient transfer of resources
 1484  in user agencies relating to the provision of full services and
 1485  shall coordinate the legislative budget requests of the affected
 1486  agencies.
 1487         (b) Include in its 2010-2011 legislative budget request
 1488  additional budget authority to accommodate the transferred
 1489  functions.
 1490         (c) Develop proposed cost-recovery plans for its customer
 1491  entities at its annual budget meeting held before July 1, 2010,
 1492  using the principles established in s. 282.203, Florida
 1493  Statutes.
 1494         Section 31. Subsection (17) of section 318.18, Florida
 1495  Statutes, is amended to read:
 1496         318.18 Amount of penalties.—The penalties required for a
 1497  noncriminal disposition pursuant to s. 318.14 or a criminal
 1498  offense listed in s. 318.17 are as follows:
 1499         (17) In addition to any penalties imposed, a surcharge of
 1500  $3 must be paid for all criminal offenses listed in s. 318.17
 1501  and for all noncriminal moving traffic violations under chapter
 1502  316. Revenue from the surcharge shall be remitted to the
 1503  Department of Revenue and deposited quarterly into the State
 1504  Agency Law Enforcement Radio System Trust Fund of the Department
 1505  of Management Services for the state agency law enforcement
 1506  radio system, as described in s. 282.709 s. 282.1095, and to
 1507  provide technical assistance to state agencies and local law
 1508  enforcement agencies with their statewide systems of regional
 1509  law enforcement communications, as described in s. 282.710 s.
 1510  282.111. This subsection expires July 1, 2012. The Department of
 1511  Management Services may retain funds sufficient to recover the
 1512  costs and expenses incurred for the purposes of managing,
 1513  administering, and overseeing the Statewide Law Enforcement
 1514  Radio System, and providing technical assistance to state
 1515  agencies and local law enforcement agencies with their statewide
 1516  systems of regional law enforcement communications. The
 1517  Department of Management Services working in conjunction with
 1518  the Joint Task Force on State Agency Law Enforcement
 1519  Communications shall determine and direct the purposes for which
 1520  these funds are used to enhance and improve the radio system.
 1521         Section 32. Subsection (4) of section 393.002, Florida
 1522  Statutes, is amended to read:
 1523         393.002 Transfer of Florida Developmental Disabilities
 1524  Council as formerly created in this chapter to private nonprofit
 1525  corporation.—
 1526         (4) The This designated nonprofit corporation is shall be
 1527  eligible to use the state communications system in accordance
 1528  with s. 282.705(3) s. 282.105(3).
 1529         Section 33. Paragraph (a) of subsection (2) of section
 1530  1001.26, Florida Statutes, is amended to read:
 1531         1001.26 Public broadcasting program system.—
 1532         (2)(a) The Department of Education is responsible for
 1533  implementing the provisions of this section pursuant to s.
 1534  282.702 s. 282.102 and may employ personnel, acquire equipment
 1535  and facilities, and perform all duties necessary for carrying
 1536  out the purposes and objectives of this section.
 1537         Section 34. This act shall take effect July 1, 2009.