Florida Senate - 2009                             CS for SB 2574
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senator Haridopolos
       
       
       
       585-03490A-09                                         20092574c1
    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; amending s. 110.205, F.S.;
   14         revising certain positions relating to the obsolete
   15         State Technology Office that are exempted from career
   16         service; amending s. 282.003, F.S.; renaming the
   17         Information Technology Resources Management Act as the
   18         “Enterprise Information Technology Services Management
   19         Act”; amending s. 282.0041, F.S.; revising
   20         definitions; amending s. 282.0056, F.S.; revising
   21         provisions relating to proposed enterprise information
   22         technology services submitted by the agency; deleting
   23         the requirement that the agency develop a migration
   24         plan; amending s. 282.201, F.S.; revising the duties
   25         of the agency; specifying the requirements for
   26         obtaining an exception to the limitations on agencies
   27         relating to computer services; amending s. 282.203,
   28         F.S.; providing an additional duty for a state primary
   29         data center; revising the date for appointing a board
   30         of trustees of a primary data center; revising the
   31         method for determining representation on the board of
   32         trustees; revising the role on the board of the
   33         executive director of the Agency for Enterprise
   34         Information Technology; allowing board membership
   35         resulting from consolidations to be adjusted in the
   36         appropriations act; providing an additional duty of
   37         the board; amending s. 282.204, F.S.; deleting
   38         obsolete provisions; providing that the Northwood
   39         Shared Resource Center is an agency established with
   40         the Department of Children and Family Services;
   41         authorizing the secretary of the department to appoint
   42         a temporary chair of the center’s board of trustees;
   43         requiring the agency and the department to identify
   44         and transfer department resources by budget amendment;
   45         amending s. 282.205, F.S.; deleting obsolete
   46         provisions relating to the Southwood Shared Resource
   47         Center; amending s. 282.318, F.S.; renaming the
   48         Security of Data and Information Technology
   49         Infrastructure Act as the “Enterprise Security of Data
   50         and Information Technology Act”; providing that
   51         information technology security is an enterprise
   52         information technology service; substituting the
   53         Office of Information Security for the agency and
   54         revising the associated duties related to information
   55         technology security; requiring the agency to submit a
   56         plan for information technology security to the
   57         Legislature and Governor by a certain date;
   58         mending s. 282.33, F.S.; specifying that the Agency
   59         for Enterprise Information Technology shall make
   60         recommendations relating to the efficiency of state
   61         primary data centers; creating s. 282.34, F.S.;
   62         establishing a state electronic mail system as an
   63         enterprise information technology service; directing
   64         the Southwood Shared Resource Center to manage and
   65         operate the system; directing the agency to conduct an
   66         analysis of such service by a certain date and
   67         establish a workgroup to develop an implementation
   68         plan; prohibiting a state agency from terminating such
   69         service unless authorized by the Legislature;
   70         requesting the Division of Statutory Revision to
   71         create part IV of ch. 282, F.S.; creating s. 282.701,
   72         F.S.; providing a short title; transferring and
   73         renumbering s. 282.102, F.S., relating to the powers
   74         of the Department of Management Services with respect
   75         to a state communication system; transferring,
   76         renumbering, and amending ss. 282.103, 282.104,
   77         282.105, 282.106, and 282.107, F.S., relating to the
   78         SUNCOM system; substituting the department for the
   79         State Technology Office; transferring and renumbering
   80         s. 282.109, F.S., relating to the emergency control of
   81         the state communications system; transferring,
   82         renumbering, and amending ss. 282.1095 and 282.111,
   83         F.S., relating to the communications system for law
   84         enforcement agencies; substituting the department for
   85         the State Technology Office; transferring,
   86         renumbering, and amending ss. 282.21, F.S., relating
   87         to remote electronic access; substituting the
   88         department for the State Technology Office; repealing
   89         s. 282.22, F.S., relating to materials and products
   90         acquired or developed by the State Technology Office;
   91         amending s. 287.042, F.S.; revising the duties of the
   92         department to include the development of procedures
   93         that ensure certain records requirements; deleting the
   94         requirement that the department consult with the
   95         office on agreements for the joint purchase of
   96         information technology; deleting a requirement for the
   97         department and office to access certain contracts;
   98         amending s. 1004.52, F.S.; deleting the requirement
   99         that the Institute on Urban Policy and Commerce
  100         consult with the office and the Chief Information
  101         Officer on requirements for computers purchased for
  102         the community computer access grant program; repealing
  103         and transferring certain administrative rules relating
  104         to the State Technology Office; amending s. 17,
  105         chapter 2008-116, Laws of Florida; providing that a
  106         state primary data center is the custodian of
  107         resources and equipment located in the data center for
  108         the purposes of ch. 272, F.S.; amending ss. 318.18,
  109         393.002, and 1001.26, F.S.; conforming cross
  110         references; providing an effective date.
  111  
  112  Be It Enacted by the Legislature of the State of Florida:
  113  
  114         Section 1. Subsection (7) of section 11.90, Florida
  115  Statutes, is amended to read:
  116         11.90 Legislative Budget Commission.—
  117         (7) The commission shall review information resources
  118  management needs identified in agency long-range program plans
  119  for consistency with the State Annual Report on Enterprise
  120  Resource Planning and Management and statewide policies adopted
  121  by the State Technology Office. The commission shall also review
  122  proposed budget amendments associated with information
  123  technology that involve more than one agency, that have an
  124  outcome that impacts another agency, or that exceed $500,000 in
  125  total cost over a 1-year period.
  126         Section 2. Section 14.204, Florida Statutes, is amended to
  127  read:
  128         14.204 Agency for Enterprise Information Technology.—The
  129  Agency for Enterprise Information Technology is created within
  130  the Executive Office of the Governor.
  131         (1) The head of the agency shall be the Governor and
  132  Cabinet.
  133         (2) The agency is shall be a separate budget entity and
  134  that is not subject to control, supervision, or direction by the
  135  Executive Office of the Governor in any manner, including, but
  136  not limited to, purchasing, transactions involving real or
  137  personal property, personnel, or budgetary matters.
  138         (3) The agency shall have an executive director who is the
  139  state’s Chief Information Officer and who must:
  140         (a) Have a degree from an accredited postsecondary
  141  institution;
  142         (b) Have at least 7 years of executive-level experience in
  143  managing information technology organizations; and
  144         (c) Be appointed by the Governor and confirmed by the
  145  Cabinet, subject to confirmation by the Senate, and serve at the
  146  pleasure of the Governor and Cabinet.; and
  147         (d)Be the chief information officer of the state.
  148         (4) The agency shall have the following duties and
  149  responsibilities:
  150         (a) Develop strategies for the design, delivery, and
  151  management of the enterprise information technology services
  152  established in law.
  153         (b) Monitor the delivery and management of the enterprise
  154  information technology services as established in law.
  155         (c) Make recommendations to the agency head and the
  156  Legislature concerning other information technology services
  157  that should be designed, delivered, and managed as enterprise
  158  information technology services as defined in s. 282.0041.
  159         (d) Plan and establish policies for managing proposed
  160  statutorily authorized enterprise information technology
  161  services, which includes:
  162         1. Developing business cases that, when applicable, include
  163  the components identified in s. 287.0574;
  164         2. Establishing and coordinating project-management teams;
  165         3. Establishing formal risk-assessment and mitigation
  166  processes; and
  167         4. Providing for independent monitoring of projects for
  168  recommended corrective actions.
  169         (e)Define the architecture standards for enterprise
  170  information technology services and develop implementation
  171  approaches for statewide migration to those standards.
  172         (e)(f)Beginning October 1, 2010, develop, and publish, and
  173  biennially update a long-term strategic enterprise information
  174  technology plan that identifies and recommends strategies and
  175  opportunities to improve the delivery of cost-effective and
  176  efficient for how enterprise information technology services to
  177  be proposed for establishment pursuant to s. 282.0056 will
  178  deliver effective and efficient government services to state
  179  residents and improve the operations of state agencies.
  180         (f)(g) Perform duties related to the state data center
  181  system as provided in s. 282.201.
  182         (g)(h) Coordinate procurement negotiations for hardware and
  183  software acquisition necessary to consolidate data center or
  184  computer facilities infrastructure.
  185         (h)(i) In consultation with the Division of Purchasing in
  186  the Department of Management Services, coordinate procurement
  187  negotiations for software that will be used by multiple
  188  agencies.
  189         (i)(j) In coordination with, and through the services of,
  190  the Division of Purchasing in the Department of Management
  191  Services, develop best practices for technology procurements.
  192         (5)The Office of Information Security shall be created
  193  within the agency. The agency shall designate a state Chief
  194  Information Security Officer who shall oversee the office and
  195  report directly to the executive director.
  196         (6)(5) The agency shall operate in a manner that ensures
  197  the participation and representation of state agencies and the
  198  Agency Chief Information Officers Council established in s.
  199  282.315.
  200         (7)(6) The agency may adopt rules pursuant to ss.
  201  120.536(1) and 120.54 to carry out its statutory duties.
  202         Section 3. Paragraphs (e), (w), (x), and (y) of subsection
  203  (2) of section 110.205, Florida Statutes, are amended to read:
  204         110.205 Career service; exemptions.—
  205         (2) EXEMPT POSITIONS.—The exempt positions that are not
  206  covered by this part include the following:
  207         (e) The Chief Information Officer in the Agency for
  208  Enterprise Information Technology, deputy chief information
  209  officers, chief technology officers, and deputy chief technology
  210  officers in the State Technology Office. Unless otherwise fixed
  211  by law, the Agency for Enterprise Information Technology State
  212  Technology Office shall set the salary and benefits of these
  213  positions in accordance with the rules of the Senior Management
  214  Service.
  215         (w)All managers, supervisors, and confidential employees
  216  of the State Technology Office. The State Technology Office
  217  shall set the salaries and benefits of these positions in
  218  accordance with the rules established for the Selected Exempt
  219  Service.
  220         (w)(x) Managerial employees, as defined in s. 447.203(4),
  221  confidential employees, as defined in s. 447.203(5), and
  222  supervisory employees who spend the majority of their time
  223  communicating with, motivating, training, and evaluating
  224  employees, and planning and directing employees’ work, and who
  225  have the authority to hire, transfer, suspend, lay off, recall,
  226  promote, discharge, assign, reward, or discipline subordinate
  227  employees or effectively recommend such action, including all
  228  employees serving as supervisors, administrators, and directors.
  229  Excluded are employees also designated as special risk or
  230  special risk administrative support and attorneys who serve as
  231  administrative law judges pursuant to s. 120.65 or for hearings
  232  conducted pursuant to s. 120.57(1)(a). Additionally, registered
  233  nurses licensed under chapter 464, dentists licensed under
  234  chapter 466, psychologists licensed under chapter 490 or chapter
  235  491, nutritionists or dietitians licensed under part X of
  236  chapter 468, pharmacists licensed under chapter 465,
  237  psychological specialists licensed under chapter 491, physical
  238  therapists licensed under chapter 486, and speech therapists
  239  licensed under part I of chapter 468 are excluded, unless
  240  otherwise collectively bargained.
  241         (x)(y) All officers and employees of the Justice
  242  Administrative Commission, Office of the State Attorney, Office
  243  of the Public Defender, regional offices of capital collateral
  244  counsel, offices of criminal conflict and civil regional
  245  counsel, and Statewide Guardian Ad Litem Office, including the
  246  circuit guardian ad litem programs.
  247         Section 4. Section 282.003, Florida Statutes, is amended to
  248  read:
  249         282.003 Short title.—This part may be cited as the
  250  “Enterprise Information Technology Services Resources Management
  251  Act.”
  252         Section 5. Section 282.0041, Florida Statutes, is amended
  253  to read:
  254         282.0041 Definitions.—As used in this chapter For the
  255  purposes of this part, the term:
  256         (1) “Agency” has the same meaning as means those entities
  257  described in s. 216.011(1)(qq).
  258         (2) “Agency chief information officer” means the person
  259  employed appointed by the agency head to coordinate and manage
  260  the information technology functions and responsibilities
  261  applicable to that agency, and to participate and represent the
  262  agency in developing strategies for implementing enterprise
  263  information technology services established pursuant to this
  264  part, identified in law and to develop developing
  265  recommendations for enterprise information technology policy.
  266         (3) “Agency Chief Information Officers Council” means the
  267  council created in s. 282.315.
  268         (4) “Agency for Enterprise Information Technology” means
  269  the agency created in s. 14.204.
  270         (5) “Agency information technology service” means a service
  271  that directly helps an agency fulfill its statutory or
  272  constitutional responsibilities and policy objectives and is
  273  usually associated with the agency’s primary or core business
  274  functions.
  275         (6) “Annual budget meeting” means a meeting of the board of
  276  trustees of a primary data center to review data center usage to
  277  determine the apportionment of board members for the following
  278  fiscal year, review rates for each service provided, and
  279  determine any other required changes.
  280         (7)“Breach” has the same meaning as in s. 817.5681(4).
  281         (8)(7) “Business continuity plan” means a plan for disaster
  282  recovery which provides for the continued functioning of a
  283  primary data center during and after a disaster.
  284         (9)(8) “Computing facility” means agency space containing
  285  fewer than a total of 10 physical or logical servers, any of
  286  which supports a strategic or nonstrategic information
  287  technology service, as described in budget instructions
  288  developed pursuant to s. 216.023, but excluding single, logical
  289  server single-server installations that exclusively perform a
  290  utility function such as file and print servers.
  291         (10)(9) “Customer entity” means an entity that obtains
  292  services from a primary data center.
  293         (11)(10) “Data center” means agency space containing 10 or
  294  more physical or logical servers any of which supports a
  295  strategic or nonstrategic information technology service, as
  296  described in budget instructions developed pursuant to s.
  297  216.023.
  298         (12)“Department” means the Department of Management
  299  Services.
  300         (11)“Enterprise level” means all executive branch agencies
  301  created or authorized in statute to perform legislatively
  302  delegated functions.
  303         (13)(12) “Enterprise information technology service” means
  304  an information technology service that is used in all agencies
  305  or a subset of agencies and is established in law to be
  306  designed, delivered, and managed at the enterprise level.
  307         (14)(13) “E-mail, messaging, and calendaring service” means
  308  the enterprise information technology service that enables users
  309  to send, receive, file, store, manage, and retrieve electronic
  310  messages, attachments, appointments, and addresses.
  311         (15)(14) “Information-system utility” means a full-service
  312  information-processing facility offering hardware, software,
  313  operations, integration, networking, and consulting services.
  314         (16)(15) “Information technology” means equipment,
  315  hardware, software, firmware, programs, systems, networks,
  316  infrastructure, media, and related material used to
  317  automatically, electronically, and wirelessly collect, receive,
  318  access, transmit, display, store, record, retrieve, analyze,
  319  evaluate, process, classify, manipulate, manage, assimilate,
  320  control, communicate, exchange, convert, converge, interface,
  321  switch, or disseminate information of any kind or form.
  322         (17)(16) “Information technology policy” means statements
  323  that describe clear choices for how information technology will
  324  deliver effective and efficient government services to residents
  325  and improve state agency operations. A policy may relate to
  326  investments, business applications, architecture, or
  327  infrastructure. A policy describes its rationale, implications
  328  of compliance or noncompliance, the timeline for implementation,
  329  metrics for determining compliance, and the accountable
  330  structure responsible for its implementation.
  331         (18)(17) “Performance metrics” means the measures of an
  332  organization’s activities and performance.
  333         (19)(18) “Primary data center” means a state or nonstate
  334  agency data center that is a recipient entity for consolidation
  335  of nonprimary data centers and computing facilities. A primary
  336  data center may be authorized in law or designated by the Agency
  337  for Enterprise Information Technology pursuant to s. 282.201.
  338         (20)(19) “Project” means an endeavor that has a defined
  339  start and end point; is undertaken to create or modify a unique
  340  product, service, or result; and has specific objectives that,
  341  when attained, signify completion.
  342         (21)“Risk analysis” means the process of identifying
  343  security risks, determining their magnitude, and identifying
  344  areas needing safeguards.
  345         (22)(20) “Service level” means the key performance
  346  indicators (KPI) of an organization or service which must be
  347  regularly performed, monitored, and achieved.
  348         (23)(21) “Service-level agreement” means a written contract
  349  between a data center and a customer entity which specifies the
  350  scope of services provided, service level, the duration of the
  351  agreement, the responsible parties, and service costs. A
  352  service-level agreement is not a rule pursuant to chapter 120.
  353         (24)(22) “Standards” means required practices, controls,
  354  components, or configurations established by an authority the
  355  use of current, open, nonproprietary, or non-vendor-specific
  356  technologies.
  357         (25)“Threat” means any circumstance or event that may
  358  cause harm to the integrity, availability, or confidentiality of
  359  information technology resources.
  360         (26)(23) “Total cost” means all costs associated with
  361  information technology projects or initiatives, including, but
  362  not limited to, value of hardware, software, service,
  363  maintenance, incremental personnel, and facilities. Total cost
  364  of a loan or gift of information technology resources to an
  365  agency includes the fair market value of the resources; however,
  366  the total cost of loans or gifts of information technology to
  367  state universities to be used in instruction or research does
  368  not include fair market value.
  369         (27)(24) “Usage” means the billing amount charged by the
  370  primary data center, less any pass-through charges, to the
  371  customer entity.
  372         (28)(25) “Usage rate” means a customer entity’s usage or
  373  billing amount as a percentage of total usage.
  374         Section 6. Subsections (2) and (3) of section 282.0056,
  375  Florida Statutes, are amended to read:
  376         282.0056 Development of work plan; development of
  377  implementation plans; and policy recommendations.—
  378         (2) By December 31, 2009, The agency may shall develop, and
  379  submit to the President of the Senate, and the Speaker of the
  380  House of Representatives, and the Governor by October 1 of each
  381  year implementation plans for at least one of the following
  382  proposed enterprise information technology services to be
  383  established in law:
  384         (a)A shared or consolidated enterprise information
  385  technology service delivery and support model for the e-mail,
  386  messaging, and calendaring service.
  387         (b)Information security.
  388         (c)Consideration of a planned replacement cycle for
  389  computer equipment.
  390         (3) In developing policy recommendations and implementation
  391  plans for established and proposed enterprise information
  392  technology services, the agency shall describe the scope of
  393  operation, conduct costs and requirements analyses, conduct an
  394  inventory of all existing information technology resources that
  395  are associated with each service, and develop strategies and
  396  timeframes for statewide migration. For purposes of
  397  consolidating state-owned or state-operated computer rooms and
  398  data centers, the agency shall develop a migration plan for any
  399  consolidation effort.
  400         Section 7. Subsection (2), paragraph (c) of subsection (3),
  401  and subsection (4) of section 282.201, Florida Statutes, are
  402  amended to read:
  403         282.201 State data center system; agency duties and
  404  limitations.—A state data center system that includes all
  405  primary data centers, other nonprimary data centers, and
  406  computing facilities, and that provides an enterprise
  407  information technology service as defined in s. 282.0041, is
  408  established.
  409         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  410  The Agency for Enterprise Information Technology shall:
  411         (a) Collect and maintain information necessary for
  412  developing policies relating to the data center system,
  413  including, but not limited to, an inventory of facilities.
  414         (b) Annually approve cost-recovery mechanisms and rate
  415  structures for primary data centers which recover costs through
  416  charges to customer entities.
  417         (c) By December 31 of each year beginning in 2009, submit
  418  to the Legislature recommendations to improve the efficiency and
  419  effectiveness of computing services provided by state data
  420  center system facilities. Such recommendations may include, but
  421  need not be limited to:
  422         1. Policies for improving the cost-effectiveness and
  423  efficiency of the state data center system.
  424         2. Infrastructure improvements supporting the consolidation
  425  of facilities or preempting the need to create additional data
  426  centers center facilities or computing facilities.
  427         3. Standards for an objective, credible energy performance
  428  rating system that data center boards of trustees can use to
  429  measure state data center energy consumption and efficiency on a
  430  biannual basis.
  431         4. Uniform disaster recovery standards.
  432         5. Standards for primary data centers providing transparent
  433  financial data to user agencies.
  434         6. Consolidation of contract practices or coordination of
  435  software, hardware, or other technology-related procurements.
  436         7. Improvements to data center governance structures.
  437         (d) By October 1 December 31 of each year beginning in
  438  2009, identify at least two nonprimary data centers or computing
  439  facilities for consolidation into a primary data center or
  440  nonprimary data center facility.
  441         1. The consolidation proposal must provide a transition
  442  plan that includes:, including
  443         a. Estimated transition costs for each data center or
  444  computing facility recommended for consolidation;,
  445         b.Detailed timeframes for the complete transition of each
  446  data center or computing facility recommended for
  447  consolidation;,
  448         c. Proposed recurring and nonrecurring fiscal impacts,
  449  including increased or decreased costs and associated budget
  450  impacts for affected budget entities; budgetary savings, and
  451         d. Substantive legislative changes necessary to implement
  452  the transition.
  453         e.Identification of computing resources to be transferred
  454  and those that will remain in the agency. The transfer of
  455  resources must include all hardware, software, staff, contracted
  456  services, and facility resources performing data center
  457  management and operations, security, backup and recovery,
  458  disaster recovery, system administration, database
  459  administration, system programming, job control, production
  460  control, print, storage, technical support, help desk, and
  461  managed services but excluding application development.
  462         2.1. Recommendations shall be based on the goal of
  463  maximizing current and future cost savings. The agency shall
  464  consider the following criteria in selecting consolidations that
  465  maximize efficiencies by providing the ability to:
  466         a. Consolidate purchase decisions;
  467         b. Leverage expertise and other resources to gain economies
  468  of scale;
  469         c. Implement state information technology policies more
  470  effectively;
  471         d. Maintain or improve the level of service provision to
  472  customer entities; and
  473         e. Make progress towards the state’s goal of consolidating
  474  data centers and computing facilities into primary data centers.
  475         3.2. The agency shall establish workgroups as necessary to
  476  ensure participation by affected agencies in the development of
  477  recommendations related to consolidations.
  478         4.3. By December 31, 2010, the agency shall develop and
  479  submit to the Legislature an overall consolidation plan for
  480  state data centers and computing facilities. The plan shall
  481  indicate a timeframe for the consolidation of all remaining
  482  nonprimary data centers facilities into primary data centers,
  483  including existing and proposed primary data centers, by 2019.
  484         5.4. This paragraph expires July 1, 2017.
  485         (e) Develop and establish rules policies by rule relating
  486  to the operation of the state data center system which must
  487  comply with applicable federal regulations, including 2 C.F.R.
  488  part 225 and 45 C.F.R. The rules policies may address:
  489         1. Ensuring that financial information is captured and
  490  reported consistently and accurately.
  491         2. Requiring the establishment of service-level agreements
  492  executed between a data center and its customer entities for
  493  services provided.
  494         3. Requiring annual full cost recovery on an equitable
  495  rational basis. The cost-recovery methodology must ensure that
  496  no service is subsidizing another service and may include
  497  adjusting the subsequent year’s rates as a means to recover
  498  deficits or refund surpluses from a prior year.
  499         4. Requiring that any special assessment imposed to fund
  500  expansion is based on a methodology that apportions the
  501  assessment according to the proportional benefit to each
  502  customer entity.
  503         5. Requiring that rebates be given when revenues have
  504  exceeded costs, that rebates be applied to offset charges to
  505  those customer entities that have subsidized the costs of other
  506  customer entities, and that such rebates may be in the form of
  507  credits against future billings.
  508         6. Requiring that all service-level agreements have a
  509  contract term of up to 3 years, but may include an option to
  510  renew for up to 3 additional years contingent on approval by the
  511  board, and require at least a 180-day notice of termination.
  512         7. Designating any nonstate data centers as primary data
  513  centers if the center:
  514         a. Has an established governance structure that represents
  515  customer entities proportionally.
  516         b. Maintains an appropriate cost-allocation methodology
  517  that accurately bills a customer entity based on the actual
  518  direct and indirect costs to the customer entity, and prohibits
  519  the subsidization of one customer entity’s costs by another
  520  entity.
  521         c. Has sufficient raised floor space, cooling, redundant
  522  power capacity, including uninterruptible power supply and
  523  backup power generation, to accommodate the computer processing
  524  platforms and support necessary to host the computing
  525  requirements of additional customer entities.
  526         8.Removing nonstate data centers from primary data center
  527  designation if the nonstate data center fails to meet standards
  528  necessary to ensure that the state’s data is maintained pursuant
  529  to subparagraph 7.
  530         (3) STATE AGENCY DUTIES.—
  531         (c) The chief information officer of each state agency
  532  shall assist the Agency for Enterprise Information Technology at
  533  the request of as required by the Agency for Enterprise
  534  Information Technology agency.
  535         (4) AGENCY LIMITATIONS.—
  536         (a) Unless authorized by the Legislature or as provided in
  537  paragraphs (b) and (c) paragraph (b), a state agency may not:
  538         1. Create a new computing facility or data center, or
  539  expand the capability to support additional computer equipment
  540  in an existing computing facility or nonprimary data center;
  541         2. Transfer existing computer services to a nonprimary data
  542  center or computing facility;
  543         3. Terminate services with a primary data center or
  544  transfer services between primary data centers without giving
  545  written notice of intent to terminate or transfer services 180
  546  days before such termination or transfer; or
  547         4. Initiate a new computer service if it does not currently
  548  have an internal data center except with a primary data center.
  549         (b) Exceptions to the limitations in subparagraphs (a)1.,
  550  2., and 4. paragraph (a) may be granted by the agency head of
  551  the Agency for Enterprise Information Technology if there is
  552  insufficient capacity in a primary data center to absorb the
  553  workload associated with agency computing services.
  554         1.A request for an exception must be submitted in writing
  555  to the Agency for Enterprise Information Technology. The agency
  556  must accept, accept with conditions, or deny the request within
  557  60 days after receipt of the written request. The agency’s
  558  decision is not subject to chapter 120.
  559         2.At a minimum, the agency may not approve a request
  560  unless it includes:
  561         a.Documentation approved by the primary data center’s
  562  board of trustees which confirms that the center cannot meet the
  563  capacity requirements of the agency requesting the exception
  564  within the current fiscal year.
  565         b.A description of the capacity requirements of the agency
  566  requesting the exception.
  567         c.Documentation from the agency demonstrating why it is
  568  critical to the agency’s mission that the expansion or transfer
  569  must be completed within the fiscal year rather than when
  570  capacity is established at a primary data center.
  571         (c)Exceptions to subparagraph (a)3. may be granted by the
  572  board of trustees of the primary data center if the termination
  573  or transfer of services can be absorbed within the current cost
  574  allocation plan.
  575         (d)Upon the termination of or transfer of agency computing
  576  services from the primary data center, the primary data center
  577  shall require information sufficient to determine compliance
  578  with this section. If a primary data center determines that an
  579  agency is in violation of this section, it shall report the
  580  violation to the Agency for Enterprise Information Technology.
  581         Section 8. Paragraph (j) is added to subsection (1) of
  582  section 282.203, Florida Statutes, subsection (2) of that
  583  section is amended, and paragraph (j) is added to subsection (3)
  584  of that section, to read:
  585         282.203 Primary data centers.—
  586         (1) DATA CENTER DUTIES.—Each primary data center shall:
  587         (j)Be the custodian of resources and equipment that are
  588  located, operated, supported, and managed by the center for the
  589  purposes of chapter 273.
  590         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  591  headed by a board of trustees as defined in s. 20.03.
  592         (a) The members of the board shall be appointed by the
  593  agency head or chief executive officer of the representative
  594  customer entities of the primary data center and shall serve at
  595  the pleasure of the appointing customer entity. The initial
  596  appointments of members shall be made as soon as practicable,
  597  but not later than July 1, 2008.
  598         1. For each of the first 2 fiscal years that a center is in
  599  operation, membership shall be apportioned as provided in
  600  subparagraph 3. based on projected customer entity usage rates
  601  for the fiscal operating year of the primary data center.
  602  However, at a minimum:
  603         a. During the Southwood Shared Resource Center’s first 2
  604  operating years, the Department of Transportation, the
  605  Department of Highway Safety and Motor Vehicles, the Department
  606  of Health, and the Department of Revenue must each have at least
  607  one trustee.
  608         b. During the Northwood Shared Resource Center’s first
  609  operating year, the Department of State and the Department of
  610  Education must each have at least one trustee.
  611         2. After the second full year of operation, membership
  612  shall be apportioned as provided in subparagraph 3. based on the
  613  most recent estimate of customer entity usage rates for the
  614  prior year and a projection of usage rates for the first 9
  615  months of the next fiscal year. Such calculation must be
  616  completed before the annual budget meeting held before the
  617  beginning of the next fiscal year so that any decision to add or
  618  remove board members can be voted on at the budget meeting and
  619  become effective on July 1 of the subsequent fiscal year.
  620         3. Each customer entity that has a projected usage rate of
  621  4 percent or greater during the fiscal operating year of the
  622  primary data center shall have one trustee on the board.
  623  Membership shall be apportioned using the following criteria:
  624         4.The total number of votes for each trustee shall be
  625  apportioned as follows:
  626         a. Customer entities of a primary data center whose usage
  627  rate represents 4 but less than 15 to 14 percent of total usage
  628  shall have one vote trustee.
  629         b. Customer entities of a primary data center whose usage
  630  rate represents 15 but less than 30 to 29 percent of total usage
  631  shall have two votes trustees.
  632         c. Customer entities of a primary data center whose usage
  633  rate represents 30 but less than 50 to 49 percent of total usage
  634  shall have three votes trustees.
  635         d. A customer entity of a primary data center whose usage
  636  rate represents 50 percent or more of total usage shall have
  637  four votes trustees.
  638         e. A single trustee having one vote shall represent those
  639  customer entities that represent less than 4 percent of the
  640  total usage. The trustee shall be selected by a process
  641  determined by the board.
  642         f.The executive director of the Agency for Enterprise
  643  Information Technology shall serve as a voting member of the
  644  board.
  645         (b) Before July 1 of each year, each board of trustees of a
  646  primary data center shall elect a chair and a vice chair to a
  647  term of 1 year or until a successor is elected. The vice chair
  648  shall serve in the absence of the chair. The vice chair may not
  649  be from the same customer entity as the chair. The chair may be
  650  elected to serve one additional successive term.
  651         (c) Members of the board representing customer entities who
  652  fail to timely pay for data center services do not have voting
  653  rights.
  654         (d) The board shall take action by majority vote. If there
  655  is a tie, the chair shall be on the prevailing side.
  656         (e)The executive director of the Agency for Enterprise
  657  Information Technology shall be the advisor to the board.
  658         (f)To facilitate planned data center consolidations, board
  659  membership may be adjusted as provided in the General
  660  Appropriations Act.
  661         (3) BOARD DUTIES.—Each board of trustees of a primary data
  662  center shall:
  663         (j)Maintain the capabilities of the primary data center’s
  664  facilities. Maintenance responsibilities include, but are not
  665  limited to, ensuring that adequate conditioned floor space, fire
  666  suppression, cooling, and power is in place; replacing aging
  667  equipment when necessary; and making decisions related to data
  668  center expansion and renovation, periodic upgrades, and
  669  improvements that are required to ensure the ongoing suitability
  670  of the facility as an enterprise data center consolidation site
  671  in the state data center system. To the extent possible, the
  672  board shall ensure that its approved annual cost-allocation plan
  673  recovers sufficient funds from its customers to provide for
  674  these needs pursuant to s. 282.201(2)(e).
  675         Section 9. Section 282.204, Florida Statutes, is amended to
  676  read:
  677         282.204 Northwood Shared Resource Center.—
  678         (1) Beginning July 1, 2008, A workgroup shall be
  679  established within the Department of Children and Family
  680  Services for the purpose of developing a plan for converting its
  681  data center to a primary data center.
  682         (a) The workgroup shall be chaired by a member appointed by
  683  the secretary of the department. Workgroup members may include
  684  other state agencies who will be customers of the data center
  685  during the 2009-2010 fiscal year. The workgroup shall include
  686  staff members who have appropriate financial and technical
  687  skills as determined by the chair of the workgroup.
  688         (b) The conversion plan shall address organizational
  689  changes, personnel changes, cost-allocation plan changes, and
  690  any other changes necessary to effectively convert to a primary
  691  state data center capable of providing computer services as
  692  required by s. 282.201.
  693         (c) The workgroup shall submit recommendations for
  694  facilitating the conversion to the Governor and Cabinet, the
  695  President of the Senate, and the Speaker of the House of
  696  Representatives by December 31, 2008.
  697         (2) Effective July 1, 2009, The Northwood Shared Resource
  698  Center is an agency is established within the Department of
  699  Children and Family Services for administrative purposes only.
  700         (a) The center is designated as a primary data center and
  701  shall be a separate budget entity that is not subject to
  702  control, supervision, or direction of the department in any
  703  manner, including, but not limited to, purchasing, transactions
  704  involving real or personal property, personnel, or budgetary
  705  matters.
  706         (b)(3) The center shall be headed by a board of trustees as
  707  provided in s. 282.203, who shall comply with all requirements
  708  of that section related to the operation of the center and with
  709  the rules policies of the Agency for Enterprise Information
  710  Technology related to the design and delivery of enterprise
  711  information technology services. The secretary of the department
  712  may appoint a temporary board chair for the purpose of convening
  713  the board of trustees, selecting a chair, and determining board
  714  membership.
  715         (3)The Department of Children and Family Services and the
  716  center shall identify resources associated with information
  717  technology functions which are not related to the support,
  718  management, and operation of the data center but which currently
  719  exist within the same budget entity as the data center. By
  720  October 1, 2009, the center shall submit a budget amendment to
  721  transfer resources associated with these functions to the
  722  department.
  723         Section 10. Section 282.205, Florida Statutes, is amended
  724  to read:
  725         282.205 Southwood Shared Resource Center.—
  726         (1)Effective July 1, 2008, The Southwood Shared Resource
  727  Center is an agency established within the department of
  728  Management Services for administrative purposes only.
  729         (1) The center is designated as a primary data center and
  730  shall be a separate budget entity that is not subject to
  731  control, supervision, or direction of the department in any
  732  manner, including, but not limited to, purchasing, transactions
  733  involving real or personal property, personnel, or budgetary
  734  matters.
  735         (2)The Department of Management Services and the center
  736  shall identify resources associated with information technology
  737  functions which are not related to the support, management, and
  738  operation of the data center but which currently exist within
  739  the same budget entity as the data center. By October 1, 2008,
  740  the center shall submit a budget amendment to transfer resources
  741  associated with these functions to the Department of Management
  742  Services.
  743         (2)(3) The center shall be headed by a board of trustees as
  744  provided in s. 282.203, who shall comply with all requirements
  745  of that section related to the operation of the center and with
  746  the rules policies of the Agency for Enterprise Information
  747  Technology related to the design and delivery of enterprise
  748  information technology services.
  749         Section 11. Section 282.318, Florida Statutes, is amended
  750  to read:
  751         282.318 Security of data and information technology
  752  resources.—
  753         (1) This section may be cited as the “Enterprise Security
  754  of Data and Information Technology Infrastructure Act.”
  755         (2)Information technology security is established as an
  756  enterprise information technology service as defined in s.
  757  287.0041.
  758         (3)(2)(a) The Office of Information Security within the
  759  Agency for Enterprise Information Technology, in consultation
  760  with each agency head, is responsible for establishing rules and
  761  publishing guidelines assessing and recommending minimum
  762  operating procedures for ensuring an appropriate adequate level
  763  of security for all data and information technology resources
  764  for executive branch agencies created or authorized in statute
  765  to perform legislatively delegated functions. The office shall
  766  also perform the following duties and responsibilities:
  767         (a)Develop, and annually update by February 1, an
  768  enterprise information security strategic plan that includes
  769  security goals and objectives for the strategic issues of
  770  information security policy, risk management, training, incident
  771  management, and survivability planning.
  772         (b)Develop enterprise security rules and published
  773  guidelines for:
  774         1.Comprehensive risk analyses and information security
  775  audits conducted by state agencies.
  776         2.Responding to suspected or confirmed information
  777  security incidents, including suspected or confirmed breaches of
  778  personal information or exempt data.
  779         3.Agency security plans, including strategic security
  780  plans and security program plans.
  781         4.The recovery of information technology and data
  782  following a disaster.
  783         5.The managerial, operational, and technical safeguards
  784  for protecting state government data and information technology
  785  resources.
  786         (c)Assist agencies in complying with the provisions of s.
  787  282.318.
  788         (d)Pursue appropriate funding for the purpose of enhancing
  789  domestic security.
  790         (e)Provide training for agency information security
  791  managers.
  792         (f)Annually review the strategic and operational
  793  information security plans of executive branch agencies.
  794         (4) To assist the Office of Information Security agency in
  795  carrying out its responsibilities this responsibility, each
  796  agency head shall, at a minimum:
  797         (a)1. Designate an information security manager to who
  798  shall administer the security program of the agency for its data
  799  and information technology resources. This designation must be
  800  provided annually in writing to the office by January 1.
  801         (b)Submit to the office annually by July 31, the agency’s
  802  strategic and operational information security plans developed
  803  pursuant to the rules and guidelines established by the office.
  804         1.The agency strategic information security plan must
  805  cover a 3-year period and define security goals, intermediate
  806  objectives, and projected agency costs for the strategic issues
  807  of agency information security policy, risk management, security
  808  training, security incident response, and survivability. The
  809  plan must be based on the enterprise strategic information
  810  security plan created by the office. Additional issues may be
  811  included.
  812         2.The agency operational information security plan must
  813  include a progress report for the prior operational information
  814  security plan and a project plan that includes activities,
  815  timelines, and deliverables for security objectives that,
  816  subject to current resources, the agency will implement during
  817  the current fiscal year. The cost of implementing the portions
  818  of the plan which cannot be funded from current resources must
  819  be identified in the plan.
  820         (c)2. Conduct, and update every 3 years, a comprehensive
  821  risk analysis to determine the security threats to the data,
  822  information, and information technology resources of the agency.
  823  The risk analysis information is confidential and exempt from
  824  the provisions of s. 119.07(1), except that such information
  825  shall be available to the Auditor General and the Agency for
  826  Enterprise Information Technology for in performing postauditing
  827  duties.
  828         (d)3. Develop, and periodically update, written internal
  829  policies and procedures, which shall include procedures for
  830  notifying the office Agency for Enterprise Information
  831  Technology when a suspected or confirmed breach, or an
  832  information security incident, occurs or data is compromised.
  833  Such policies and procedures must be consistent with the rules
  834  and guidelines established standard operating procedures adopted
  835  by the office Agency for Enterprise Information Technology in
  836  order to ensure the security of the data, information, and
  837  information technology resources of the agency. The internal
  838  policies and procedures that, if disclosed, could facilitate the
  839  unauthorized modification, disclosure, or destruction of data or
  840  information technology resources are confidential information
  841  and exempt from the provisions of s. 119.07(1), except that such
  842  information shall be available to the Auditor General and the
  843  Agency for Enterprise Information Technology for in performing
  844  postauditing duties.
  845         (e)4. Implement appropriate cost-effective safeguards to
  846  address reduce, eliminate, or recover from the identified risks
  847  to the data, information, and information technology resources
  848  of the agency.
  849         (f)5. Ensure that periodic internal audits and evaluations
  850  of the agency’s security program for the data, information, and
  851  information technology resources of the agency are conducted.
  852  The results of such internal audits and evaluations are
  853  confidential information and exempt from the provisions of s.
  854  119.07(1), except that such information shall be available to
  855  the Auditor General and the Agency for Enterprise Information
  856  Technology for in performing postauditing duties.
  857         (g)6. Include appropriate security requirements in the
  858  written specifications for the solicitation of information
  859  technology and information technology resources and services,
  860  which are consistent with the rules and guidelines established
  861  standard security operating procedures adopted by the office
  862  Agency for Enterprise Information Technology.
  863         (h)Provide security awareness training to employees and
  864  users of the agency’s communication and information resources
  865  concerning information security risks and the responsibility of
  866  employees and users to comply with policies, standards,
  867  guidelines, and operating procedures adopted by the agency to
  868  reduce those risks.
  869         (i)Develop a process for detecting, reporting, and
  870  responding to suspected or confirmed security incidents,
  871  including suspected or confirmed breaches consistent with the
  872  security rules and guidelines established by the office.
  873         1.Suspected or confirmed information security incidents
  874  and breaches must be immediately reported to the office.
  875         2.For incidents involving breaches, agencies shall provide
  876  notice in accordance with s. 817.5681 and to the office in
  877  accordance with this subsection.
  878         (5)(b)Each In those instances under this subsection in
  879  which the state agency or department develops state contracts,
  880  the state agency or department shall include appropriate
  881  security requirements in the specifications for the solicitation
  882  of for state contracts for procuring information technology or
  883  information technology resources or services which are
  884  consistent with the rules and guidelines established by the
  885  Office of Information Security.
  886         (3)The Agency for Enterprise Information Technology shall
  887  designate a chief information security officer.
  888         (4)The Agency for Enterprise Information Technology shall
  889  develop standards and templates for conducting comprehensive
  890  risk analyses and information security audits by state agencies,
  891  assist agencies in their compliance with the provisions of this
  892  section, pursue appropriate funding provided for the purpose of
  893  enhancing domestic security, establish minimum guidelines and
  894  procedures for the recovery of information technology following
  895  a disaster, and provide training for agency information security
  896  managers. Standards, templates, guidelines, and procedures shall
  897  be published annually, no later than September 30 each year, to
  898  enable agencies to incorporate them in their planning for the
  899  following fiscal year.
  900         (6)(5) The Agency for Enterprise Information Technology may
  901  adopt rules pursuant to ss. 120.536(1) and 120.54 relating to
  902  information security and to administer the provisions of this
  903  section.
  904         (7)By December 31, 2010, the Agency for Enterprise
  905  Information Technology shall develop, and submit to the
  906  Governor, the President of the Senate, and the Speaker of the
  907  House of Representatives a proposed implementation plan for
  908  information technology security. The agency shall describe the
  909  scope of operation, conduct costs and requirements analyses,
  910  conduct an inventory of all existing security information
  911  technology resources, and develop strategies, timeframes, and
  912  resources necessary for statewide migration.
  913         Section 12. Paragraph (b) of subsection (2) of section
  914  282.33, Florida Statutes, is amended to read:
  915         282.33 Objective standards for data center energy
  916  efficiency.—
  917         (2) State shared resource data centers and other data
  918  centers that the Agency for Enterprise Information Technology
  919  has determined will be recipients for consolidating data
  920  centers, which are designated by the Agency for Enterprise
  921  Information Technology, shall evaluate their data center
  922  facilities for energy efficiency using the standards established
  923  in this section.
  924         (b) By December 31, 2010, and biennially biannually
  925  thereafter, the Agency for Enterprise Information Technology
  926  shall submit to the Legislature recommendations for reducing
  927  energy consumption and improving the energy efficiency of state
  928  primary data centers.
  929         Section 13. Section 282.34, Florida Statutes, is created to
  930  read:
  931         282.34Statewide electronic mail system.—A state electronic
  932  mail system that includes the service delivery and support for
  933  an electronic mail messaging and calendaring service, is
  934  established as an enterprise information technology service as
  935  defined in s. 282.0041. The service shall be designed to meet
  936  the needs of all executive branch agencies and reduce the
  937  current cost of operation and support.
  938         (1)The Southwood Shared Resource Center, a primary data
  939  center, shall centrally host, manage, and operate the electronic
  940  mail system. The Agency for Enterprise Information Technology
  941  may propose additional primary data center hosts if cost
  942  effective and necessary to ensure the reliable operation of the
  943  service.
  944         (2)By December 31, 2009, the Agency for Enterprise
  945  Information Technology shall submit a proposed plan for the
  946  establishment of the electronic mail system to the Governor, the
  947  President of the Senate, and the Speaker of the House of
  948  Representatives. The plan shall be developed to reduce costs to
  949  the state and include, at a minimum:
  950         (a)An analysis of the in-house and external sourcing
  951  options that should be considered for delivery and support of
  952  the service. The analysis shall include an internally hosted
  953  system option, an externally sourced system option, and, if
  954  necessary, a combined in-house and externally sourced option.
  955         (b)A cost-benefit analysis that estimates all major cost
  956  elements associated with each sourcing option, including the
  957  nonrecurring and recurring costs of each option. The analysis
  958  must also include a comparison of the total cost of each
  959  enterprise electronic mail sourcing option and the total cost of
  960  existing electronic mail services in order to determine the
  961  level of savings that can be expected.
  962         (c)Estimated expenditures for each state agency associated
  963  with electronic mail costs for the 2009-2010 fiscal year.
  964         (d)The plan must identify any existing electronic mail
  965  infrastructure that should be considered for reuse.
  966         (e)A concise analysis of the ability of each sourcing
  967  option to meet major system requirements, including federal and
  968  state requirements for confidentiality, privacy, and security.
  969         (f)A complete description of the scope of functionality,
  970  operations, and required resources associated with each sourcing
  971  option.
  972         (g)A reliable schedule for the decommission of all state
  973  agency electronic mail systems and the migration of all agencies
  974  to the new system beginning by July 1, 2010, and completing by
  975  June 30, 2012.
  976         (3)In order to develop the recommended plan for the new
  977  system, the Agency for Enterprise Information Technology shall
  978  consult with and, as necessary, form workgroups consisting of
  979  agency electronic mail management staff, agency chief
  980  information officers, and agency budget directors. State
  981  agencies must cooperate with the Agency for Enterprise
  982  Technology in its development of the plan.
  983         (4)Unless authorized by the Legislature, a state agency
  984  may not terminate statewide electronic mail system services
  985  provided by the Southwood Shared Resource Center.
  986         Section 14. The Division of Statutory Revision is requested
  987  to create part IV of chapter 282, consisting of sections 282.701
  988  through 282.711, Florida Statutes.
  989         Section 15. Section 282.701, Florida Statutes, is created
  990  to read:
  991         282.701Short title.—This part may be cited as the
  992  “Communication Information Technology Services Act.”
  993         Section 16. Section 282.102, Florida Statues, is
  994  transferred and renumbered as section 282.702, Florida Statutes.
  995         Section 17. Section 282.103, Florida Statutes, is
  996  transferred, renumbered as section 282.703, Florida Statutes,
  997  and amended to read:
  998         282.703 282.103 SUNCOM Network; exemptions from the
  999  required use.—
 1000         (1) There is created within the department of Management
 1001  Services the SUNCOM Network, which shall be developed to serve
 1002  as the state communications system for providing local and long
 1003  distance communications services to state agencies, political
 1004  subdivisions of the state, municipalities, state universities,
 1005  and nonprofit corporations pursuant to this part ss. 282.102
 1006  282.111. The SUNCOM Network shall be developed to transmit all
 1007  types of communications signals, including, but not limited to,
 1008  voice, data, video, image, and radio. State agencies shall
 1009  cooperate and assist in the development and joint use of
 1010  communications systems and services.
 1011         (2) The department State Technology Office shall design,
 1012  engineer, implement, manage, and operate through state
 1013  ownership, commercial leasing, or some combination thereof, the
 1014  facilities and equipment providing SUNCOM Network services, and
 1015  shall develop a system of equitable billings and charges for
 1016  communication services.
 1017         (3) All state agencies and state universities shall are
 1018  required to use the SUNCOM Network for agency and state
 1019  university communications services as the services become
 1020  available; however, no agency or university is relieved of
 1021  responsibility for maintaining communications services necessary
 1022  for effective management of its programs and functions. If a
 1023  SUNCOM Network service does not meet the communications
 1024  requirements of an agency or university, the agency or
 1025  university shall notify the department State Technology Office
 1026  in writing and detail the requirements for that communications
 1027  service. If the department office is unable to meet an agency’s
 1028  or university’s requirements by enhancing SUNCOM Network
 1029  service, the department office may grant the agency or
 1030  university an exemption from the required use of specified
 1031  SUNCOM Network services.
 1032         Section 18. Section 282.104, Florida Statutes, is
 1033  transferred, renumbered as section 282.704, Florida Statutes,
 1034  and amended to read:
 1035         282.704 282.104 Use of state SUNCOM Network by
 1036  municipalities.—Any municipality may request the department
 1037  State Technology Office to provide any or all of the SUNCOM
 1038  Network’s portfolio of communications services upon such terms
 1039  and under such conditions as the department office may
 1040  establish. The requesting municipality shall pay its share of
 1041  installation and recurring costs according to the published
 1042  rates for SUNCOM Network services and as invoiced by the
 1043  department office. Such municipality shall also pay for any
 1044  requested modifications to existing SUNCOM Network services, if
 1045  any charges apply.
 1046         Section 19. Section 282.105, Florida Statutes, is
 1047  transferred, renumbered as section 282.705, Florida Statutes,
 1048  and amended to read:
 1049         282.705 282.105 Use of state SUNCOM Network by nonprofit
 1050  corporations.—
 1051         (1) The department State Technology Office shall provide a
 1052  means whereby private nonprofit corporations under contract with
 1053  state agencies or political subdivisions of the state may use
 1054  the state SUNCOM Network, subject to the limitations in this
 1055  section. In order to qualify to use the state SUNCOM Network, a
 1056  nonprofit corporation shall:
 1057         (a) Expend the majority of its total direct revenues for
 1058  the provision of contractual services to the state, a
 1059  municipality, or a political subdivision of the state; and
 1060         (b) Receive only a small portion of its total revenues from
 1061  any source other than a state agency, a municipality, or a
 1062  political subdivision of the state during the period of time
 1063  SUNCOM Network services are requested.
 1064         (2) Each nonprofit corporation seeking authorization to use
 1065  the state SUNCOM Network pursuant to this section shall provide
 1066  to the department office, upon request, proof of compliance with
 1067  subsection (1).
 1068         (3) Nonprofit corporations established pursuant to general
 1069  law and an association of municipal governments which is wholly
 1070  owned by the municipalities are shall be eligible to use the
 1071  state SUNCOM Network, subject to the terms and conditions of the
 1072  department office.
 1073         (4) Institutions qualified to participate in the William L.
 1074  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1075  1009.89 are shall be eligible to use the state SUNCOM Network,
 1076  subject to the terms and conditions of the department office.
 1077  Such entities are shall not be required to satisfy the other
 1078  criteria of this section.
 1079         (5) Private, nonprofit elementary and secondary schools are
 1080  shall be eligible for rates and services on the same basis as
 1081  public schools if such, providing these nonpublic schools do not
 1082  have an endowment in excess of $50 million.
 1083         Section 20. Section 282.106, Florida Statutes, is
 1084  transferred, renumbered as section 282.706, Florida Statutes,
 1085  and amended to read:
 1086         282.706 282.106 Use of SUNCOM Network by libraries.—The
 1087  department State Technology Office may provide SUNCOM Network
 1088  services to any library in the state, including libraries in
 1089  public schools, community colleges, state universities, and
 1090  nonprofit private postsecondary educational institutions, and
 1091  libraries owned and operated by municipalities and political
 1092  subdivisions.
 1093         Section 21. Section 282.107, Florida Statutes, is
 1094  transferred and renumbered as section 282.707, Florida Statutes,
 1095  and amended to read:
 1096         282.707 282.107 SUNCOM Network; criteria for usage.—
 1097         (1) The department of Management Services shall
 1098  periodically review the qualifications of subscribers using the
 1099  state SUNCOM Network and shall terminate services provided to
 1100  any facility not qualified under this part pursuant to ss.
 1101  282.102-282.111 or rules adopted hereunder. In the event of
 1102  nonpayment of invoices by subscribers whose SUNCOM Network
 1103  invoices are paid from sources other than legislative
 1104  appropriations, such nonpayment represents good and sufficient
 1105  reason to terminate service.
 1106         (2) The department of Management Services shall adopt rules
 1107  for implementing and operating the state SUNCOM Network, which
 1108  shall include its procedures for withdrawing and restoring
 1109  authorization to use the state SUNCOM Network. Such rules shall
 1110  provide a minimum of 30 days’ notice to affected parties before
 1111  terminating prior to termination of voice communications
 1112  service.
 1113         (3) Nothing in This section does not shall be construed to
 1114  limit or restrict the ability of the Florida Public Service
 1115  Commission to set jurisdictional tariffs of telecommunications
 1116  companies.
 1117         Section 22. Section 282.109, Florida Statutes, is
 1118  transferred and renumbered as section 282.708, Florida Statutes.
 1119         Section 23. Section 282.1095, Florida Statutes, is
 1120  transferred, renumbered as section 282.709, Florida Statutes,
 1121  and amended to read:
 1122         282.709 282.1095 State agency law enforcement radio system
 1123  and interoperability network.—
 1124         (1) The department State Technology Office may acquire and
 1125  administer implement a statewide radio communications system to
 1126  serve law enforcement units of state agencies, and to serve
 1127  local law enforcement agencies through mutual aid channels. The
 1128  Joint Task Force on State Agency Law Enforcement Communications
 1129  is established in the State Technology Office to advise the
 1130  office of member-agency needs for the planning, designing, and
 1131  establishment of the joint system. The State Agency Law
 1132  Enforcement Radio System Trust Fund is established in the State
 1133  Technology Office. The trust fund shall be funded from
 1134  surcharges collected under ss. 320.0802 and 328.72.
 1135         (a)The department shall, in conjunction with the
 1136  Department of Law Enforcement and the Division of Emergency
 1137  Management of the Department of Community Affairs, establish
 1138  policies, procedures, and standards to be incorporated into a
 1139  comprehensive management plan for the use and operation of the
 1140  statewide radio communications system.
 1141         (b)The department shall bear the overall responsibility
 1142  for the design, engineering, acquisition, and implementation of
 1143  the statewide radio communications system and for ensuring the
 1144  proper operation and maintenance of all common system equipment.
 1145         (c)1.The department may rent or lease space on any tower
 1146  under its control and refuse to lease space on any tower at any
 1147  site.
 1148         2.The department may rent, lease, or sublease ground space
 1149  as necessary to locate equipment to support antennae on the
 1150  towers. The costs for the use of such space shall be established
 1151  by the department for each site if it is determined to be
 1152  practicable and feasible to make space available.
 1153         3.The department may rent, lease, or sublease ground space
 1154  on lands acquired by the department for the construction of
 1155  privately owned or publicly owned towers. The department may, as
 1156  a part of such rental, lease, or sublease agreement, require
 1157  space on such towers for antennae as necessary for the
 1158  construction and operation of the state agency law enforcement
 1159  radio system or any other state need.
 1160         4.All moneys collected by the department for rents,
 1161  leases, and subleases under this subsection shall be deposited
 1162  directly into the Law Enforcement Radio Operating Trust Fund
 1163  established in subsection (3) and may be used by the department
 1164  to construct, maintain, or support the system.
 1165         5.The positions necessary for the department to accomplish
 1166  its duties under this subsection shall be established in the
 1167  General Appropriations Act and funded by the Law Enforcement
 1168  Radio Operating Trust Fund or other revenue sources.
 1169         (d)The department shall exercise its powers and duties
 1170  under this part to plan, manage, and administer the mutual aid
 1171  channels in the statewide radio communication system.
 1172         1.In implementing such powers and duties, the department
 1173  shall consult and act in conjunction with the Department of Law
 1174  Enforcement and the Division of Emergency Management of the
 1175  Department of Community Affairs, and shall manage and administer
 1176  the mutual aid channels in a manner that reasonably addresses
 1177  the needs and concerns of the involved law enforcement agencies
 1178  and emergency response agencies and entities.
 1179         2.The department may make the mutual aid channels
 1180  available to federal agencies, state agencies, and agencies of
 1181  the political subdivisions of the state for the purpose of
 1182  public safety and domestic security.
 1183         (e)The department may allow other state agencies to use
 1184  the statewide radio communications system under terms and
 1185  conditions established by the department.
 1186         (2) The Joint Task Force on State Agency Law Enforcement
 1187  Communications is created adjunct to the department to advise
 1188  the department of member-agency needs relating to the planning,
 1189  designing, and establishment of the statewide communication
 1190  system.
 1191         (a) The Joint Task Force on State Agency Law Enforcement
 1192  Communications shall consist of eight members, as follows:
 1193         1. A representative of the Division of Alcoholic Beverages
 1194  and Tobacco of the Department of Business and Professional
 1195  Regulation who shall be appointed by the secretary of the
 1196  department.
 1197         2. A representative of the Division of Florida Highway
 1198  Patrol of the Department of Highway Safety and Motor Vehicles
 1199  who shall be appointed by the executive director of the
 1200  department.
 1201         3. A representative of the Department of Law Enforcement
 1202  who shall be appointed by the executive director of the
 1203  department.
 1204         4. A representative of the Fish and Wildlife Conservation
 1205  Commission who shall be appointed by the executive director of
 1206  the commission.
 1207         5. A representative of the Division of Law Enforcement of
 1208  the Department of Environmental Protection who shall be
 1209  appointed by the secretary of the department.
 1210         6. A representative of the Department of Corrections who
 1211  shall be appointed by the secretary of the department.
 1212         7. A representative of the Division of State Fire Marshal
 1213  of the Department of Financial Services who shall be appointed
 1214  by the State Fire Marshal.
 1215         8. A representative of the Department of Transportation who
 1216  shall be appointed by the secretary of the department.
 1217         (b) Each appointed member of the joint task force shall
 1218  serve at the pleasure of the appointing official. Any vacancy on
 1219  the joint task force shall be filled in the same manner as the
 1220  original appointment. A Any joint task force member may, upon
 1221  notification to the chair before prior to the beginning of any
 1222  scheduled meeting, appoint an alternative to represent the
 1223  member on the task force and vote on task force business in his
 1224  or her absence.
 1225         (c) The joint task force shall elect a chair from among its
 1226  members to serve a 1-year term. A vacancy in the chair of the
 1227  joint task force must be filled for the remainder of the
 1228  unexpired term by an election of the joint task force members.
 1229         (d) The joint task force shall meet as necessary, but at
 1230  least quarterly, at the call of the chair and at the time and
 1231  place designated by him or her.
 1232         (e) The per diem and travel expenses incurred by a member
 1233  of the joint task force in attending its meetings and in
 1234  attending to its affairs shall be paid pursuant to s. 112.061,
 1235  from funds budgeted to the state agency that the member
 1236  represents.
 1237         (f)The department shall provide technical support to the
 1238  joint task force.
 1239         (f)The State Technology Office is hereby authorized to
 1240  rent or lease space on any tower under its control. The office
 1241  may also rent, lease, or sublease ground space as necessary to
 1242  locate equipment to support antennae on the towers. The costs
 1243  for use of such space shall be established by the office for
 1244  each site, when it is determined to be practicable and feasible
 1245  to make space available. The office may refuse to lease space on
 1246  any tower at any site. All moneys collected by the office for
 1247  such rents, leases, and subleases shall be deposited directly
 1248  into the Law Enforcement Radio Operating Trust Fund and may be
 1249  used by the office to construct, maintain, or support the
 1250  system.
 1251         (g)The State Technology Office is hereby authorized to
 1252  rent, lease, or sublease ground space on lands acquired by the
 1253  office for the construction of privately owned or publicly owned
 1254  towers. The office may, as a part of such rental, lease, or
 1255  sublease agreement, require space on said tower or towers for
 1256  antennae as may be necessary for the construction and operation
 1257  of the state agency law enforcement radio system or any other
 1258  state need. The positions necessary for the office to accomplish
 1259  its duties under this paragraph and paragraph (f) shall be
 1260  established in the General Appropriations Act and shall be
 1261  funded by the Law Enforcement Radio Operating Trust Fund or
 1262  other revenue sources.
 1263         (h)The State Technology Office may make the mutual aid
 1264  channels in the statewide radio communications system available
 1265  to federal agencies, state agencies, and agencies of the
 1266  political subdivisions of the state for the purpose of public
 1267  safety and domestic security. The office shall exercise its
 1268  powers and duties, as specified in this chapter, to plan,
 1269  manage, and administer the mutual aid channels. The office
 1270  shall, in implementing such powers and duties, act in
 1271  consultation and conjunction with the Department of Law
 1272  Enforcement and the Division of Emergency Management of the
 1273  Department of Community Affairs, and shall manage and administer
 1274  the mutual aid channels in a manner that reasonably addresses
 1275  the needs and concerns of the involved law enforcement agencies
 1276  and emergency response agencies and entities.
 1277         (3) The State Agency Law Enforcement Radio System Trust
 1278  Fund is established in the department and funded from surcharges
 1279  collected under ss. 320.0802 and 328.72. Upon appropriation,
 1280  moneys in the trust fund may be used by the department office to
 1281  acquire by competitive procurement the equipment,; software,;
 1282  and engineering, administrative, and maintenance services it
 1283  needs to construct, operate, and maintain the statewide radio
 1284  system. Moneys in the trust fund collected as a result of the
 1285  surcharges set forth in ss. 320.0802 and 328.72 shall be used to
 1286  help fund the costs of the system. Upon completion of the
 1287  system, moneys in the trust fund may also be used by the
 1288  department office to provide for payment of the recurring
 1289  maintenance costs of the system.
 1290         (4)(a)The office shall, in conjunction with the Department
 1291  of Law Enforcement and the Division of Emergency Management of
 1292  the Department of Community Affairs, establish policies,
 1293  procedures, and standards which shall be incorporated into a
 1294  comprehensive management plan for the use and operation of the
 1295  statewide radio communications system.
 1296         (b)The joint task force, in consultation with the office,
 1297  shall have the authority to permit other state agencies to use
 1298  the communications system, under terms and conditions
 1299  established by the joint task force.
 1300         (5)The office shall provide technical support to the joint
 1301  task force and shall bear the overall responsibility for the
 1302  design, engineering, acquisition, and implementation of the
 1303  statewide radio communications system and for ensuring the
 1304  proper operation and maintenance of all system common equipment.
 1305         (4)(6)(a) The department State Technology Office may create
 1306  and administer implement an interoperability network to enable
 1307  interoperability between various radio communications
 1308  technologies and to serve federal agencies, state agencies, and
 1309  agencies of political subdivisions of the state for the purpose
 1310  of public safety and domestic security.
 1311         (a) The department office shall, in conjunction with the
 1312  Department of Law Enforcement and the Division of Emergency
 1313  Management of the Department of Community Affairs, exercise its
 1314  powers and duties pursuant to this chapter to plan, manage, and
 1315  administer the interoperability network. The office may:
 1316         1. Enter into mutual aid agreements among federal agencies,
 1317  state agencies, and political subdivisions of the state for the
 1318  use of the interoperability network.
 1319         2. Establish the cost of maintenance and operation of the
 1320  interoperability network and charge subscribing federal and
 1321  local law enforcement agencies for access and use of the
 1322  network. The department State Technology Office may not charge
 1323  state law enforcement agencies identified in paragraph (2)(a) to
 1324  use the network.
 1325         3. In consultation with the Department of Law Enforcement
 1326  and the Division of Emergency Management of the Department of
 1327  Community Affairs, amend and enhance the statewide radio
 1328  communications system as necessary to implement the
 1329  interoperability network.
 1330         (b) The department State Technology Office, in consultation
 1331  with the Joint Task Force on State Agency Law Enforcement
 1332  Communications, and in conjunction with the Department of Law
 1333  Enforcement and the Division of Emergency Management of the
 1334  Department of Community Affairs, shall establish policies,
 1335  procedures, and standards to incorporate into a comprehensive
 1336  management plan for the use and operation of the
 1337  interoperability network.
 1338         Section 24. Section 282.111, Florida Statutes, is
 1339  transferred, renumbered as section 282.710, Florida Statutes,
 1340  and amended to read:
 1341         282.710 282.111 Statewide system of regional law
 1342  enforcement communications.—
 1343         (1) It is the intent and purpose of the Legislature that a
 1344  statewide system of regional law enforcement communications be
 1345  developed whereby maximum efficiency in the use of existing
 1346  radio channels is achieved in order to deal more effectively
 1347  with the apprehension of criminals and the prevention of crime
 1348  generally. To this end, all law enforcement agencies within the
 1349  state are directed to provide the department State Technology
 1350  Office with any information the department office requests for
 1351  the purpose of implementing the provisions of subsection (2).
 1352         (2) The department State Technology Office is hereby
 1353  authorized and directed to develop and maintain a statewide
 1354  system of regional law enforcement communications. In
 1355  formulating such a system, the department office shall divide
 1356  the state into appropriate regions and shall develop a program
 1357  that includes which shall include, but is not be limited to, the
 1358  following provisions:
 1359         (a) The communications requirements for each county and
 1360  municipality comprising the region.
 1361         (b) An interagency communications provision that depicts
 1362  which shall depict the communication interfaces between
 1363  municipal, county, and state law enforcement entities operating
 1364  which operate within the region.
 1365         (c) A frequency allocation and use provision that includes
 1366  which shall include, on an entity basis, each assigned and
 1367  planned radio channel and the type of operation, simplex,
 1368  duplex, or half-duplex, on each channel.
 1369         (3) The office shall adopt any necessary rules and
 1370  regulations for administering implementing and coordinating the
 1371  statewide system of regional law enforcement communications.
 1372         (4) The secretary of the department Chief Information
 1373  Officer of the State Technology Office or his or her designee is
 1374  designated as the director of the statewide system of regional
 1375  law enforcement communications and, for the purpose of carrying
 1376  out the provisions of this section, may is authorized to
 1377  coordinate the activities of the system with other interested
 1378  state agencies and local law enforcement agencies.
 1379         (5) A No law enforcement communications system may not
 1380  shall be established or present system expanded without the
 1381  prior approval of the department State Technology Office.
 1382         (6) Within the limits of its capability, the Department of
 1383  Law Enforcement is encouraged to lend assistance to the
 1384  department State Technology Office in the development of the
 1385  statewide system of regional law enforcement communications
 1386  proposed by this section.
 1387         Section 25. Section 282.21, Florida Statutes, is
 1388  transferred, renumbered as section 282.711, Florida Statutes,
 1389  and amended to read:
 1390         282.711 282.21The State Technology Office’s Remote
 1391  electronic access services.—The department State Technology
 1392  Office may collect fees for providing remote electronic access
 1393  pursuant to s. 119.07(2). The fees may be imposed on individual
 1394  transactions or as a fixed subscription for a designated period
 1395  of time. All fees collected under this section shall be
 1396  deposited in the appropriate trust fund of the program or
 1397  activity that made the remote electronic access available.
 1398         Section 26. Section 282.22, Florida Statutes, is repealed.
 1399         Section 27. Paragraph (h) is added to subsection (3) of
 1400  section 287.042, Florida Statutes, and paragraph (b) of
 1401  subsection (4) and subsections (15) and (16) of that section are
 1402  amended, to read:
 1403         287.042 Powers, duties, and functions.—The department shall
 1404  have the following powers, duties, and functions:
 1405         (3) To establish a system of coordinated, uniform
 1406  procurement policies, procedures, and practices to be used by
 1407  agencies in acquiring commodities and contractual services,
 1408  which shall include, but not be limited to:
 1409         (h)Development, in consultation with the Agency Chief
 1410  Information Officers Council, of procedures to be used by state
 1411  agencies when procuring information technology commodities and
 1412  contractual services to ensure compliance with public-records
 1413  requirements and records-retention and archiving requirements.
 1414         (4)
 1415         (b) To prescribe, in consultation with the Agency Chief
 1416  Information Officers Council State Technology Office, procedures
 1417  for procuring information technology and information technology
 1418  consultant services which provide for public announcement and
 1419  qualification, competitive solicitations, contract award, and
 1420  prohibition against contingent fees. Such procedures shall be
 1421  limited to information technology consultant contracts for which
 1422  the total project costs, or planning or study activities, are
 1423  estimated to exceed the threshold amount provided for in s.
 1424  287.017, for CATEGORY TWO.
 1425         (15)(a) To enter into joint agreements with governmental
 1426  agencies, as defined in s. 163.3164(10), for the purpose of
 1427  pooling funds for the purchase of commodities or information
 1428  technology that can be used by multiple agencies. However, the
 1429  department shall consult with the State Technology Office on
 1430  joint agreements that involve the purchase of information
 1431  technology. Agencies entering into joint purchasing agreements
 1432  with the department or the State Technology Office shall
 1433  authorize the department or the State Technology Office to
 1434  contract for such purchases on their behalf.
 1435         (a)(b) Each agency that has been appropriated or has
 1436  existing funds for such purchase the purchases, shall, upon
 1437  contract award by the department, transfer their portion of the
 1438  funds into the department’s Operating Trust Fund for payment by
 1439  the department. The These funds shall be transferred by the
 1440  Executive Office of the Governor pursuant to the agency budget
 1441  amendment request provisions in chapter 216.
 1442         (b)(c) Agencies that sign the joint agreements are
 1443  financially obligated for their portion of the agreed-upon
 1444  funds. If an any agency becomes more than 90 days delinquent in
 1445  paying the funds, the department shall certify to the Chief
 1446  Financial Officer the amount due, and the Chief Financial
 1447  Officer shall transfer the amount due to the Operating Trust
 1448  Fund of the department from any of the agency’s available funds.
 1449  The Chief Financial Officer shall report all of these transfers
 1450  and the reasons for the transfers to the Executive Office of the
 1451  Governor and the legislative appropriations committees.
 1452         (16)(a) To evaluate contracts let by the Federal
 1453  Government, another state, or a political subdivision for the
 1454  provision of commodities and contract services, and, if when it
 1455  is determined in writing to be cost-effective and in the best
 1456  interest of the state, to enter into a written agreement
 1457  authorizing an agency to make purchases under such a contract
 1458  approved by the department and let by the Federal Government,
 1459  another state, or a political subdivision.
 1460         (b)For contracts pertaining to the provision of
 1461  information technology, the State Technology Office, in
 1462  consultation with the department, shall assess the technological
 1463  needs of a particular agency, evaluate the contracts, and
 1464  determine whether to enter into a written agreement with the
 1465  letting federal, state, or political subdivision body to provide
 1466  information technology for a particular agency.
 1467         Section 28. Subsection (9) of section 1004.52, Florida
 1468  Statutes, is amended to read:
 1469         1004.52 Community computer access grant program.—
 1470         (9) The institute, based upon guidance from the State
 1471  Technology Office and the state’s Chief Information Officer,
 1472  shall establish minimum requirements governing the
 1473  specifications and capabilities of any computers purchased with
 1474  funds awarded under this grant program.
 1475         Section 29. Rules 60DD-1, 60DD-4, 60DD-5, 60DD-6, 60DD-7,
 1476  and 60DD-8, Florida Administrative Code, are repealed, and the
 1477  Department of State is directed to remove these rules from the
 1478  Florida Administrative Code. Rule 60DD-2, Florida Administrative
 1479  Code, is transferred to the Agency for Enterprise Information
 1480  Technology.
 1481         Section 30. Section 17 of chapter 2008-116, 2008 Laws of
 1482  Florida, is amended to read:
 1483         Section 17. All data center functions performed, managed,
 1484  operated, or supported by state agencies with resources and
 1485  equipment currently located in a state primary data center
 1486  created by this act, excluding application development, shall be
 1487  transferred to the primary data center and that agency shall
 1488  become a full-service customer entity by July 1, 2010. All
 1489  resources and equipment located in the primary data center shall
 1490  be operated, managed, and controlled by the primary data center.
 1491  The primary data center in which such resources and equipment
 1492  are located shall be the custodian of such resources and
 1493  equipment for purposes of chapter 273, Florida Statutes. Data
 1494  center functions include, but are not limited to, responsibility
 1495  for all data center hardware, software, staff, contracted
 1496  services, and facility resources performing data center
 1497  management and operations, security, production control, backup
 1498  and recovery, disaster recovery, system administration, database
 1499  administration, system programming, job control, production
 1500  control, print, storage, technical support, help desk, and
 1501  managed services.
 1502         (1) To accomplish the transition, each state agency that is
 1503  a customer entity of a primary data center shall:
 1504         (a) By October 1, 2009, submit a plan to the board of
 1505  trustees of the appropriate primary data center describing costs
 1506  and resources currently used to manage and maintain hardware and
 1507  operating and support software housed at the primary data
 1508  center, and a plan for transferring all resources allocated to
 1509  data center functions to the primary data center. The plan
 1510  shall:
 1511         1. Include the itemized expenditures for all of the related
 1512  equipment and software in the previous 5 fiscal years.
 1513         2. Propose averages or weighted averages for transferring
 1514  spending authority related to equipment and software based upon
 1515  spending in the previous 5 fiscal years and projected needs for
 1516  the upcoming 2 fiscal years.
 1517         (b) Submit with its 2010-2011 legislative budget request
 1518  budget adjustments necessary to accomplish the transfers. These
 1519  adjustments shall include budget requests to replace existing
 1520  spending authority in the appropriations categories used to
 1521  manage, maintain, and upgrade hardware, operating software, and
 1522  support software with an amount in a single appropriation
 1523  category to pay for the services of the primary data center.
 1524         (2) The board of trustees of each primary data center
 1525  shall:
 1526         (a) Be responsible for the efficient transfer of resources
 1527  in user agencies relating to the provision of full services and
 1528  shall coordinate the legislative budget requests of the affected
 1529  agencies.
 1530         (b) Include in its 2010-2011 legislative budget request
 1531  additional budget authority to accommodate the transferred
 1532  functions.
 1533         (c) Develop proposed cost-recovery plans for its customer
 1534  entities at its annual budget meeting held before July 1, 2010,
 1535  using the principles established in s. 282.203, Florida
 1536  Statutes.
 1537         Section 31. Subsection (17) of section 318.18, Florida
 1538  Statutes, is amended to read:
 1539         318.18 Amount of penalties.—The penalties required for a
 1540  noncriminal disposition pursuant to s. 318.14 or a criminal
 1541  offense listed in s. 318.17 are as follows:
 1542         (17) In addition to any penalties imposed, a surcharge of
 1543  $3 must be paid for all criminal offenses listed in s. 318.17
 1544  and for all noncriminal moving traffic violations under chapter
 1545  316. Revenue from the surcharge shall be remitted to the
 1546  Department of Revenue and deposited quarterly into the State
 1547  Agency Law Enforcement Radio System Trust Fund of the Department
 1548  of Management Services for the state agency law enforcement
 1549  radio system, as described in s. 282.709 s. 282.1095, and to
 1550  provide technical assistance to state agencies and local law
 1551  enforcement agencies with their statewide systems of regional
 1552  law enforcement communications, as described in s. 282.710 s.
 1553  282.111. This subsection expires July 1, 2012. The Department of
 1554  Management Services may retain funds sufficient to recover the
 1555  costs and expenses incurred for the purposes of managing,
 1556  administering, and overseeing the Statewide Law Enforcement
 1557  Radio System, and providing technical assistance to state
 1558  agencies and local law enforcement agencies with their statewide
 1559  systems of regional law enforcement communications. The
 1560  Department of Management Services working in conjunction with
 1561  the Joint Task Force on State Agency Law Enforcement
 1562  Communications shall determine and direct the purposes for which
 1563  these funds are used to enhance and improve the radio system.
 1564         Section 32. Subsection (4) of section 393.002, Florida
 1565  Statutes, is amended to read:
 1566         393.002 Transfer of Florida Developmental Disabilities
 1567  Council as formerly created in this chapter to private nonprofit
 1568  corporation.—
 1569         (4) The This designated nonprofit corporation is shall be
 1570  eligible to use the state communications system in accordance
 1571  with s. 282.705(3) s. 282.105(3).
 1572         Section 33. Paragraph (a) of subsection (2) of section
 1573  1001.26, Florida Statutes, is amended to read:
 1574         1001.26 Public broadcasting program system.—
 1575         (2)(a) The Department of Education is responsible for
 1576  implementing the provisions of this section pursuant to s.
 1577  282.702 s. 282.102 and may employ personnel, acquire equipment
 1578  and facilities, and perform all duties necessary for carrying
 1579  out the purposes and objectives of this section.
 1580         Section 34. This act shall take effect upon becoming a law.