CS for SB 2574                                   First Engrossed
       
       
       
       
       
       
       
       
       20092574e1
       
    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 20.315, F.S.,
   14         relating to the offender-based information system;
   15         deleting obsolete provisions; amending s. 110.205,
   16         F.S.; revising certain positions relating to the
   17         obsolete State Technology Office that are exempted
   18         from career service; amending s. 282.003, F.S.;
   19         renaming the Information Technology Resources
   20         Management Act as the “Enterprise Information
   21         Technology Services Management Act”; amending s.
   22         282.0041, F.S.; revising definitions; amending s.
   23         282.0056, F.S.; revising provisions relating to
   24         proposed enterprise information technology services
   25         submitted by the agency; deleting the requirement that
   26         the agency develop a migration plan; amending s.
   27         282.201, F.S.; revising the duties of the agency;
   28         specifying the requirements for obtaining an exception
   29         to the limitations on agencies relating to computer
   30         services; amending s. 282.203, F.S.; providing an
   31         additional duty for a state primary data center;
   32         revising the date for appointing a board of trustees
   33         of a primary data center; revising the method for
   34         determining representation on the board of trustees;
   35         revising the role on the board of the executive
   36         director of the Agency for Enterprise Information
   37         Technology; allowing board membership resulting from
   38         consolidations to be adjusted in the appropriations
   39         act; providing an additional duty of the board;
   40         amending s. 282.204, F.S.; deleting obsolete
   41         provisions; providing that the Northwood Shared
   42         Resource Center is an agency established with the
   43         Department of Children and Family Services;
   44         authorizing the secretary of the department to appoint
   45         a temporary chair of the center’s board of trustees;
   46         requiring the agency and the department to identify
   47         and transfer department resources by budget amendment;
   48         amending s. 282.205, F.S.; deleting obsolete
   49         provisions relating to the Southwood Shared Resource
   50         Center; amending s. 282.318, F.S.; renaming the
   51         Security of Data and Information Technology
   52         Infrastructure Act as the “Enterprise Security of Data
   53         and Information Technology Act”; providing that
   54         information technology security is an enterprise
   55         information technology service; substituting the
   56         Office of Information Security for the agency and
   57         revising the associated duties related to information
   58         technology security; requiring the agency to submit a
   59         plan for information technology security to the
   60         Legislature and Governor by a certain date; amending
   61         s. 282.33, F.S.; specifying that the Agency for
   62         Enterprise Information Technology shall make
   63         recommendations relating to the efficiency of state
   64         primary data centers; creating s. 282.34, F.S.;
   65         establishing a state e-mail system as an enterprise
   66         information technology service; directing the
   67         Southwood Shared Resource Center to manage and operate
   68         the system; directing the agency to conduct an
   69         analysis of such service by a certain date and
   70         establish a workgroup to develop an implementation
   71         plan; prohibiting a state agency from terminating such
   72         service unless authorized by the Legislature;
   73         requesting the Division of Statutory Revision to
   74         create part IV of ch. 282, F.S.; creating s. 282.701,
   75         F.S.; providing a short title; transferring and
   76         renumbering s. 282.102, F.S., relating to the powers
   77         of the Department of Management Services with respect
   78         to a state communication system; transferring,
   79         renumbering, and amending ss. 282.103, 282.104,
   80         282.105, 282.106, and 282.107, F.S., relating to the
   81         SUNCOM system; substituting the department for the
   82         State Technology Office; transferring and renumbering
   83         s. 282.109, F.S., relating to the emergency control of
   84         the state communications system; transferring,
   85         renumbering, and amending ss. 282.1095 and 282.111,
   86         F.S., relating to the communications system for law
   87         enforcement agencies; substituting the department for
   88         the State Technology Office; transferring,
   89         renumbering, and amending s. 282.21, F.S., relating to
   90         remote electronic access; substituting the department
   91         for the State Technology Office; repealing s. 282.22,
   92         F.S., relating to materials and products acquired or
   93         developed by the State Technology Office; amending s.
   94         287.042, F.S.; revising the duties of the department
   95         to include the development of procedures that ensure
   96         certain records requirements; deleting the requirement
   97         that the department consult with the office on
   98         agreements for the joint purchase of information
   99         technology; deleting a requirement for the department
  100         and office to access certain contracts; amending s.
  101         1004.52, F.S.; deleting the requirement that the
  102         Institute on Urban Policy and Commerce consult with
  103         the office and the Chief Information Officer on
  104         requirements for computers purchased for the community
  105         computer access grant program; repealing and
  106         transferring certain administrative rules relating to
  107         the State Technology Office; amending s. 17, chapter
  108         2008-116, Laws of Florida; providing that a state
  109         primary data center is the custodian of resources and
  110         equipment located in the data center for the purposes
  111         of ch. 272, F.S.; amending ss. 318.18, 393.002, and
  112         1001.26, F.S.; conforming cross-references; providing
  113         an effective date.
  114  
  115  Be It Enacted by the Legislature of the State of Florida:
  116  
  117         Section 1. Subsection (7) of section 11.90, Florida
  118  Statutes, is amended to read:
  119         11.90 Legislative Budget Commission.—
  120         (7) The commission shall review information resources
  121  management needs identified in agency long-range program plans
  122  for consistency with the State Annual Report on Enterprise
  123  Resource Planning and Management and statewide policies adopted
  124  by the State Technology Office. The commission shall also review
  125  proposed budget amendments associated with information
  126  technology that involve more than one agency, that have an
  127  outcome that impacts another agency, or that exceed $500,000 in
  128  total cost over a 1-year period.
  129         Section 2. Section 14.204, Florida Statutes, is amended to
  130  read:
  131         14.204 Agency for Enterprise Information Technology.—The
  132  Agency for Enterprise Information Technology is created within
  133  the Executive Office of the Governor.
  134         (1) The head of the agency shall be the Governor and
  135  Cabinet.
  136         (2) The agency is shall be a separate budget entity and
  137  that is not subject to control, supervision, or direction by the
  138  Executive Office of the Governor in any manner, including, but
  139  not limited to, purchasing, transactions involving real or
  140  personal property, personnel, or budgetary matters.
  141         (3) The agency shall have an executive director who is the
  142  state’s Chief Information Officer and who must:
  143         (a) Have a degree from an accredited postsecondary
  144  institution;
  145         (b) Have at least 7 years of executive-level experience in
  146  managing information technology organizations; and
  147         (c) Be appointed by the Governor and confirmed by the
  148  Cabinet, subject to confirmation by the Senate, and serve at the
  149  pleasure of the Governor and Cabinet.; and
  150         (d) Be the chief information officer of the state.
  151         (4) The agency shall have the following duties and
  152  responsibilities:
  153         (a) Develop strategies for the design, delivery, and
  154  management of the enterprise information technology services
  155  established in law.
  156         (b) Monitor the delivery and management of the enterprise
  157  information technology services as established in law.
  158         (c) Make recommendations to the agency head and the
  159  Legislature concerning other information technology services
  160  that should be designed, delivered, and managed as enterprise
  161  information technology services as defined in s. 282.0041.
  162         (d) Plan and establish policies for managing proposed
  163  statutorily authorized enterprise information technology
  164  services, which includes:
  165         1. Developing business cases that, when applicable, include
  166  the components identified in s. 287.0574;
  167         2. Establishing and coordinating project-management teams;
  168         3. Establishing formal risk-assessment and mitigation
  169  processes; and
  170         4. Providing for independent monitoring of projects for
  171  recommended corrective actions.
  172         (e) Define the architecture standards for enterprise
  173  information technology services and develop implementation
  174  approaches for statewide migration to those standards.
  175         (e)(f)Beginning October 1, 2010, develop, and publish, and
  176  biennially update a long-term strategic enterprise information
  177  technology plan that identifies and recommends strategies and
  178  opportunities to improve the delivery of cost-effective and
  179  efficient for how enterprise information technology services to
  180  be proposed for establishment pursuant to s. 282.0056 will
  181  deliver effective and efficient government services to state
  182  residents and improve the operations of state agencies.
  183         (f)(g) Perform duties related to the state data center
  184  system as provided in s. 282.201.
  185         (g)(h) Coordinate procurement negotiations for hardware and
  186  software acquisition necessary to consolidate data center or
  187  computer facilities infrastructure.
  188         (h)(i) In consultation with the Division of Purchasing in
  189  the Department of Management Services, coordinate procurement
  190  negotiations for software that will be used by multiple
  191  agencies.
  192         (i)(j) In coordination with, and through the services of,
  193  the Division of Purchasing in the Department of Management
  194  Services, develop best practices for technology procurements.
  195         (5) The Office of Information Security shall be created
  196  within the agency. The agency shall designate a state Chief
  197  Information Security Officer who shall oversee the office and
  198  report directly to the executive director.
  199         (6)(5) The agency shall operate in a manner that ensures
  200  the participation and representation of state agencies and the
  201  Agency Chief Information Officers Council established in s.
  202  282.315.
  203         (7)(6) The agency may adopt rules pursuant to ss.
  204  120.536(1) and 120.54 to carry out its statutory duties.
  205         Section 3. Subsection (10) of section 20.315, Florida
  206  Statutes, is amended to read:
  207         20.315 Department of Corrections.—There is created a
  208  Department of Corrections.
  209         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—There shall be
  210  only one offender-based information and records computer system
  211  maintained by the Department of Corrections for the joint use of
  212  the department and the Parole Commission. This data system shall
  213  be is managed through the department’s Justice Data Center,
  214  which is hereby transferred to the department under this act
  215  pursuant to a type two transfer authorized under s. 20.06(2).
  216  The department shall develop and maintain, in consultation with
  217  the Criminal and Juvenile Justice Information Systems Council
  218  under s. 943.08, such offender-based information, including
  219  clemency administration information and other computer services
  220  system designed to serve the needs of both the department and
  221  the Parole Commission. The department shall notify the
  222  commission of all violations of parole and the circumstances
  223  thereof.
  224         Section 4. Paragraphs (e), (w), (x), and (y) of subsection
  225  (2) of section 110.205, Florida Statutes, are amended to read:
  226         110.205 Career service; exemptions.—
  227         (2) EXEMPT POSITIONS.—The exempt positions that are not
  228  covered by this part include the following:
  229         (e) The Chief Information Officer in the Agency for
  230  Enterprise Information Technology, deputy chief information
  231  officers, chief technology officers, and deputy chief technology
  232  officers in the State Technology Office. Unless otherwise fixed
  233  by law, the Agency for Enterprise Information Technology State
  234  Technology Office shall set the salary and benefits of this
  235  position these positions in accordance with the rules of the
  236  Senior Management Service.
  237         (w) All managers, supervisors, and confidential employees
  238  of the State Technology Office. The State Technology Office
  239  shall set the salaries and benefits of these positions in
  240  accordance with the rules established for the Selected Exempt
  241  Service.
  242         (w)(x) Managerial employees, as defined in s. 447.203(4),
  243  confidential employees, as defined in s. 447.203(5), and
  244  supervisory employees who spend the majority of their time
  245  communicating with, motivating, training, and evaluating
  246  employees, and planning and directing employees’ work, and who
  247  have the authority to hire, transfer, suspend, lay off, recall,
  248  promote, discharge, assign, reward, or discipline subordinate
  249  employees or effectively recommend such action, including all
  250  employees serving as supervisors, administrators, and directors.
  251  Excluded are employees also designated as special risk or
  252  special risk administrative support and attorneys who serve as
  253  administrative law judges pursuant to s. 120.65 or for hearings
  254  conducted pursuant to s. 120.57(1)(a). Additionally, registered
  255  nurses licensed under chapter 464, dentists licensed under
  256  chapter 466, psychologists licensed under chapter 490 or chapter
  257  491, nutritionists or dietitians licensed under part X of
  258  chapter 468, pharmacists licensed under chapter 465,
  259  psychological specialists licensed under chapter 491, physical
  260  therapists licensed under chapter 486, and speech therapists
  261  licensed under part I of chapter 468 are excluded, unless
  262  otherwise collectively bargained.
  263         (x)(y) All officers and employees of the Justice
  264  Administrative Commission, Office of the State Attorney, Office
  265  of the Public Defender, regional offices of capital collateral
  266  counsel, offices of criminal conflict and civil regional
  267  counsel, and Statewide Guardian Ad Litem Office, including the
  268  circuit guardian ad litem programs.
  269         Section 5. Section 282.003, Florida Statutes, is amended to
  270  read:
  271         282.003 Short title.—This part may be cited as the
  272  “Enterprise Information Technology Services Resources Management
  273  Act.”
  274         Section 6. Section 282.0041, Florida Statutes, is amended
  275  to read:
  276         282.0041 Definitions.—As used in this chapter For the
  277  purposes of this part, the term:
  278         (1) “Agency” has the same meaning as means those entities
  279  described in s. 216.011(1)(qq).
  280         (2) “Agency chief information officer” means the person
  281  employed appointed by the agency head to coordinate and manage
  282  the information technology functions and responsibilities
  283  applicable to that agency, and to participate and represent the
  284  agency in developing strategies for implementing enterprise
  285  information technology services established pursuant to this
  286  part, identified in law and to develop developing
  287  recommendations for enterprise information technology policy.
  288         (3) “Agency Chief Information Officers Council” means the
  289  council created in s. 282.315.
  290         (4) “Agency for Enterprise Information Technology” means
  291  the agency created in s. 14.204.
  292         (5) “Agency information technology service” means a service
  293  that directly helps an agency fulfill its statutory or
  294  constitutional responsibilities and policy objectives and is
  295  usually associated with the agency’s primary or core business
  296  functions.
  297         (6) “Annual budget meeting” means a meeting of the board of
  298  trustees of a primary data center to review data center usage to
  299  determine the apportionment of board members for the following
  300  fiscal year, review rates for each service provided, and
  301  determine any other required changes.
  302         (7) “Breach” has the same meaning as in s. 817.5681(4).
  303         (8)(7) “Business continuity plan” means a plan for disaster
  304  recovery which provides for the continued functioning of a
  305  primary data center during and after a disaster.
  306         (9)(8) “Computing facility” means agency space containing
  307  fewer than a total of 10 physical or logical servers, any of
  308  which supports a strategic or nonstrategic information
  309  technology service, as described in budget instructions
  310  developed pursuant to s. 216.023, but excluding single, logical
  311  server single-server installations that exclusively perform a
  312  utility function such as file and print servers.
  313         (10)(9) “Customer entity” means an entity that obtains
  314  services from a primary data center.
  315         (11)(10) “Data center” means agency space containing 10 or
  316  more physical or logical servers any of which supports a
  317  strategic or nonstrategic information technology service, as
  318  described in budget instructions developed pursuant to s.
  319  216.023.
  320         (12) “Department” means the Department of Management
  321  Services.
  322         (11) “Enterprise level” means all executive branch agencies
  323  created or authorized in statute to perform legislatively
  324  delegated functions.
  325         (13)(12) “Enterprise information technology service” means
  326  an information technology service that is used in all agencies
  327  or a subset of agencies and is established in law to be
  328  designed, delivered, and managed at the enterprise level.
  329         (14)(13) “E-mail, messaging, and calendaring service” means
  330  the enterprise information technology service that enables users
  331  to send, receive, file, store, manage, and retrieve electronic
  332  messages, attachments, appointments, and addresses.
  333         (15)(14) “Information-system utility” means a full-service
  334  information-processing facility offering hardware, software,
  335  operations, integration, networking, and consulting services.
  336         (16)(15) “Information technology” means equipment,
  337  hardware, software, firmware, programs, systems, networks,
  338  infrastructure, media, and related material used to
  339  automatically, electronically, and wirelessly collect, receive,
  340  access, transmit, display, store, record, retrieve, analyze,
  341  evaluate, process, classify, manipulate, manage, assimilate,
  342  control, communicate, exchange, convert, converge, interface,
  343  switch, or disseminate information of any kind or form.
  344         (17)(16) “Information technology policy” means statements
  345  that describe clear choices for how information technology will
  346  deliver effective and efficient government services to residents
  347  and improve state agency operations. A policy may relate to
  348  investments, business applications, architecture, or
  349  infrastructure. A policy describes its rationale, implications
  350  of compliance or noncompliance, the timeline for implementation,
  351  metrics for determining compliance, and the accountable
  352  structure responsible for its implementation.
  353         (18)(17) “Performance metrics” means the measures of an
  354  organization’s activities and performance.
  355         (19)(18) “Primary data center” means a state or nonstate
  356  agency data center that is a recipient entity for consolidation
  357  of nonprimary data centers and computing facilities. A primary
  358  data center may be authorized in law or designated by the Agency
  359  for Enterprise Information Technology pursuant to s. 282.201.
  360         (20)(19) “Project” means an endeavor that has a defined
  361  start and end point; is undertaken to create or modify a unique
  362  product, service, or result; and has specific objectives that,
  363  when attained, signify completion.
  364         (21) “Risk analysis” means the process of identifying
  365  security risks, determining their magnitude, and identifying
  366  areas needing safeguards.
  367         (22)(20) “Service level” means the key performance
  368  indicators (KPI) of an organization or service which must be
  369  regularly performed, monitored, and achieved.
  370         (23)(21) “Service-level agreement” means a written contract
  371  between a data center and a customer entity which specifies the
  372  scope of services provided, service level, the duration of the
  373  agreement, the responsible parties, and service costs. A
  374  service-level agreement is not a rule pursuant to chapter 120.
  375         (24)(22) “Standards” means required practices, controls,
  376  components, or configurations established by an authority the
  377  use of current, open, nonproprietary, or non-vendor-specific
  378  technologies.
  379         (25) “Threat” means any circumstance or event that may
  380  cause harm to the integrity, availability, or confidentiality of
  381  information technology resources.
  382         (26)(23) “Total cost” means all costs associated with
  383  information technology projects or initiatives, including, but
  384  not limited to, value of hardware, software, service,
  385  maintenance, incremental personnel, and facilities. Total cost
  386  of a loan or gift of information technology resources to an
  387  agency includes the fair market value of the resources; however,
  388  the total cost of loans or gifts of information technology to
  389  state universities to be used in instruction or research does
  390  not include fair market value.
  391         (27)(24) “Usage” means the billing amount charged by the
  392  primary data center, less any pass-through charges, to the
  393  customer entity.
  394         (28)(25) “Usage rate” means a customer entity’s usage or
  395  billing amount as a percentage of total usage.
  396         Section 7. Subsections (2) and (3) of section 282.0056,
  397  Florida Statutes, are amended to read:
  398         282.0056 Development of work plan; development of
  399  implementation plans; and policy recommendations.—
  400         (2) By December 31, 2009, The agency may shall develop, and
  401  submit to the President of the Senate, and the Speaker of the
  402  House of Representatives, and the Governor by October 1 of each
  403  year implementation plans for at least one of the following
  404  proposed enterprise information technology services to be
  405  established in law:
  406         (a) A shared or consolidated enterprise information
  407  technology service delivery and support model for the e-mail,
  408  messaging, and calendaring service.
  409         (b) Information security.
  410         (c) Consideration of a planned replacement cycle for
  411  computer equipment.
  412         (3) In developing policy recommendations and implementation
  413  plans for established and proposed enterprise information
  414  technology services, the agency shall describe the scope of
  415  operation, conduct costs and requirements analyses, conduct an
  416  inventory of all existing information technology resources that
  417  are associated with each service, and develop strategies and
  418  timeframes for statewide migration. For purposes of
  419  consolidating state-owned or state-operated computer rooms and
  420  data centers, the agency shall develop a migration plan for any
  421  consolidation effort.
  422         Section 8. Subsection (2), paragraph (c) of subsection (3),
  423  and subsection (4) of section 282.201, Florida Statutes, are
  424  amended to read:
  425         282.201 State data center system; agency duties and
  426  limitations.—A state data center system that includes all
  427  primary data centers, other nonprimary data centers, and
  428  computing facilities, and that provides an enterprise
  429  information technology service as defined in s. 282.0041, is
  430  established.
  431         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  432  The Agency for Enterprise Information Technology shall:
  433         (a) Collect and maintain information necessary for
  434  developing policies relating to the data center system,
  435  including, but not limited to, an inventory of facilities.
  436         (b) Annually approve cost-recovery mechanisms and rate
  437  structures for primary data centers which recover costs through
  438  charges to customer entities.
  439         (c) By December 31 of each year beginning in 2009, submit
  440  to the Legislature recommendations to improve the efficiency and
  441  effectiveness of computing services provided by state data
  442  center system facilities. Such recommendations may include, but
  443  need not be limited to:
  444         1. Policies for improving the cost-effectiveness and
  445  efficiency of the state data center system.
  446         2. Infrastructure improvements supporting the consolidation
  447  of facilities or preempting the need to create additional data
  448  centers center facilities or computing facilities.
  449         3. Standards for an objective, credible energy performance
  450  rating system that data center boards of trustees can use to
  451  measure state data center energy consumption and efficiency on a
  452  biannual basis.
  453         4. Uniform disaster recovery standards.
  454         5. Standards for primary data centers providing transparent
  455  financial data to user agencies.
  456         6. Consolidation of contract practices or coordination of
  457  software, hardware, or other technology-related procurements.
  458         7. Improvements to data center governance structures.
  459         (d) By October 1 December 31 of each year beginning in
  460  2009, recommend to the Governor and Legislature identify at
  461  least two nonprimary data centers or computing facilities for
  462  consolidation into a primary data center or nonprimary data
  463  center facility.
  464         1. The consolidation proposal must provide a transition
  465  plan that includes:, including
  466         a. Estimated transition costs for each data center or
  467  computing facility recommended for consolidation;,
  468         b. Detailed timeframes for the complete transition of each
  469  data center or computing facility recommended for
  470  consolidation;,
  471         c. Proposed recurring and nonrecurring fiscal impacts,
  472  including increased or decreased costs and associated budget
  473  impacts for affected budget entities; budgetary savings, and
  474         d. Substantive legislative changes necessary to implement
  475  the transition.
  476         e. Identification of computing resources to be transferred
  477  and those that will remain in the agency. The transfer of
  478  resources must include all hardware, software, staff, contracted
  479  services, and facility resources performing data center
  480  management and operations, security, backup and recovery,
  481  disaster recovery, system administration, database
  482  administration, system programming, job control, production
  483  control, print, storage, technical support, help desk, and
  484  managed services but excluding application development.
  485         2.1. Recommendations shall be based on the goal of
  486  maximizing current and future cost savings. The agency shall
  487  consider the following criteria in selecting consolidations that
  488  maximize efficiencies by providing the ability to:
  489         a. Consolidate purchase decisions;
  490         b. Leverage expertise and other resources to gain economies
  491  of scale;
  492         c. Implement state information technology policies more
  493  effectively;
  494         d. Maintain or improve the level of service provision to
  495  customer entities; and
  496         e. Make progress towards the state’s goal of consolidating
  497  data centers and computing facilities into primary data centers.
  498         3.2. The agency shall establish workgroups as necessary to
  499  ensure participation by affected agencies in the development of
  500  recommendations related to consolidations.
  501         (e)3. By December 31, 2010, the agency shall develop and
  502  submit to the Legislature an overall consolidation plan for
  503  state data centers and computing facilities. The plan shall
  504  indicate a timeframe for the consolidation of all remaining
  505  nonprimary data centers facilities into primary data centers,
  506  including existing and proposed primary data centers, by 2019.
  507         4. This paragraph expires July 1, 2017.
  508         (f)(e) Develop and establish rules policies by rule
  509  relating to the operation of the state data center system which
  510  must comply with applicable federal regulations, including 2
  511  C.F.R. part 225 and 45 C.F.R. The rules policies may address:
  512         1. Ensuring that financial information is captured and
  513  reported consistently and accurately.
  514         2. Requiring the establishment of service-level agreements
  515  executed between a data center and its customer entities for
  516  services provided.
  517         3. Requiring annual full cost recovery on an equitable
  518  rational basis. The cost-recovery methodology must ensure that
  519  no service is subsidizing another service and may include
  520  adjusting the subsequent year’s rates as a means to recover
  521  deficits or refund surpluses from a prior year.
  522         4. Requiring that any special assessment imposed to fund
  523  expansion is based on a methodology that apportions the
  524  assessment according to the proportional benefit to each
  525  customer entity.
  526         5. Requiring that rebates be given when revenues have
  527  exceeded costs, that rebates be applied to offset charges to
  528  those customer entities that have subsidized the costs of other
  529  customer entities, and that such rebates may be in the form of
  530  credits against future billings.
  531         6. Requiring that all service-level agreements have a
  532  contract term of up to 3 years, but may include an option to
  533  renew for up to 3 additional years contingent on approval by the
  534  board, and require at least a 180-day notice of termination.
  535         7. Designating any nonstate data centers as primary data
  536  centers if the center:
  537         a. Has an established governance structure that represents
  538  customer entities proportionally.
  539         b. Maintains an appropriate cost-allocation methodology
  540  that accurately bills a customer entity based on the actual
  541  direct and indirect costs to the customer entity, and prohibits
  542  the subsidization of one customer entity’s costs by another
  543  entity.
  544         c. Has sufficient raised floor space, cooling, redundant
  545  power capacity, including uninterruptible power supply and
  546  backup power generation, to accommodate the computer processing
  547  platforms and support necessary to host the computing
  548  requirements of additional customer entities.
  549         8. Removing nonstate data centers from primary data center
  550  designation if the nonstate data center fails to meet standards
  551  necessary to ensure that the state’s data is maintained pursuant
  552  to subparagraph 7.
  553         (3) STATE AGENCY DUTIES.—
  554         (c) The chief information officer of each state agency
  555  shall assist the Agency for Enterprise Information Technology at
  556  the request of as required by the Agency for Enterprise
  557  Information Technology agency.
  558         (4) AGENCY LIMITATIONS.—
  559         (a) Unless authorized by the Legislature or as provided in
  560  paragraphs (b) and (c) paragraph (b), a state agency may not:
  561         1. Create a new computing facility or data center, or
  562  expand the capability to support additional computer equipment
  563  in an existing computing facility or nonprimary data center;
  564         2. Transfer existing computer services to a nonprimary data
  565  center or computing facility;
  566         3. Terminate services with a primary data center or
  567  transfer services between primary data centers without giving
  568  written notice of intent to terminate or transfer services 180
  569  days before such termination or transfer; or
  570         4. Initiate a new computer service if it does not currently
  571  have an internal data center except with a primary data center.
  572         (b) Exceptions to the limitations in subparagraphs (a)1.,
  573  2., and 4. paragraph (a) may be granted by the agency head of
  574  the Agency for Enterprise Information Technology if there is
  575  insufficient capacity in a primary data center to absorb the
  576  workload associated with agency computing services.
  577         1. A request for an exception must be submitted in writing
  578  to the Agency for Enterprise Information Technology. The agency
  579  must accept, accept with conditions, or deny the request within
  580  60 days after receipt of the written request. The agency’s
  581  decision is not subject to chapter 120.
  582         2. At a minimum, the agency may not approve a request
  583  unless it includes:
  584         a. Documentation approved by the primary data center’s
  585  board of trustees which confirms that the center cannot meet the
  586  capacity requirements of the agency requesting the exception
  587  within the current fiscal year.
  588         b. A description of the capacity requirements of the agency
  589  requesting the exception.
  590         c. Documentation from the agency demonstrating why it is
  591  critical to the agency’s mission that the expansion or transfer
  592  must be completed within the fiscal year rather than when
  593  capacity is established at a primary data center.
  594         (c) Exceptions to subparagraph (a)3. may be granted by the
  595  board of trustees of the primary data center if the termination
  596  or transfer of services can be absorbed within the current cost
  597  allocation plan.
  598         (d) Upon the termination of or transfer of agency computing
  599  services from the primary data center, the primary data center
  600  shall require information sufficient to determine compliance
  601  with this section. If a primary data center determines that an
  602  agency is in violation of this section, it shall report the
  603  violation to the Agency for Enterprise Information Technology.
  604         Section 9. Paragraph (j) is added to subsection (1) of
  605  section 282.203, Florida Statutes, subsection (2) of that
  606  section is amended, and paragraph (j) is added to subsection (3)
  607  of that section, to read:
  608         282.203 Primary data centers.—
  609         (1) DATA CENTER DUTIES.—Each primary data center shall:
  610         (j) Be the custodian of resources and equipment that are
  611  located, operated, supported, and managed by the center for the
  612  purposes of chapter 273.
  613         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  614  headed by a board of trustees as defined in s. 20.03.
  615         (a) The members of the board shall be appointed by the
  616  agency head or chief executive officer of the representative
  617  customer entities of the primary data center and shall serve at
  618  the pleasure of the appointing customer entity. The initial
  619  appointments of members shall be made as soon as practicable,
  620  but not later than July 1, 2008.
  621         1. For each of the first 2 fiscal years that a center is in
  622  operation, membership shall be apportioned as provided in
  623  subparagraph 3. based on projected customer entity usage rates
  624  for the fiscal operating year of the primary data center.
  625  However, at a minimum:
  626         a. During the Southwood Shared Resource Center’s first 2
  627  operating years, the Department of Transportation, the
  628  Department of Highway Safety and Motor Vehicles, the Department
  629  of Health, and the Department of Revenue must each have at least
  630  one trustee.
  631         b. During the Northwood Shared Resource Center’s first
  632  operating year, the Department of State and the Department of
  633  Education must each have at least one trustee.
  634         2. After the second full year of operation, membership
  635  shall be apportioned as provided in subparagraph 3. based on the
  636  most recent estimate of customer entity usage rates for the
  637  prior year and a projection of usage rates for the first 9
  638  months of the next fiscal year. Such calculation must be
  639  completed before the annual budget meeting held before the
  640  beginning of the next fiscal year so that any decision to add or
  641  remove board members can be voted on at the budget meeting and
  642  become effective on July 1 of the subsequent fiscal year.
  643         3. Each customer entity that has a projected usage rate of
  644  4 percent or greater during the fiscal operating year of the
  645  primary data center shall have one trustee on the board.
  646  Membership shall be apportioned using the following criteria:
  647         4. The total number of votes for each trustee shall be
  648  apportioned as follows:
  649         a. Customer entities of a primary data center whose usage
  650  rate represents 4 but less than 15 to 14 percent of total usage
  651  shall have one vote trustee.
  652         b. Customer entities of a primary data center whose usage
  653  rate represents 15 but less than 30 to 29 percent of total usage
  654  shall have two votes trustees.
  655         c. Customer entities of a primary data center whose usage
  656  rate represents 30 but less than 50 to 49 percent of total usage
  657  shall have three votes trustees.
  658         d. A customer entity of a primary data center whose usage
  659  rate represents 50 percent or more of total usage shall have
  660  four votes trustees.
  661         e. A single trustee having one vote shall represent those
  662  customer entities that represent less than 4 percent of the
  663  total usage. The trustee shall be selected by a process
  664  determined by the board.
  665         f. The executive director of the Agency for Enterprise
  666  Information Technology shall serve as a voting member of the
  667  board.
  668         (b) Before July 1 of each year, each board of trustees of a
  669  primary data center shall elect a chair and a vice chair to a
  670  term of 1 year or until a successor is elected. The vice chair
  671  shall serve in the absence of the chair. The vice chair may not
  672  be from the same customer entity as the chair. The chair may be
  673  elected to serve one additional successive term.
  674         (c) Members of the board representing customer entities who
  675  fail to timely pay for data center services do not have voting
  676  rights.
  677         (d) The board shall take action by majority vote. If there
  678  is a tie, the chair shall be on the prevailing side.
  679         (e) The executive director of the Agency for Enterprise
  680  Information Technology shall be the advisor to the board.
  681         (f) To facilitate planned data center consolidations, board
  682  membership may be adjusted as provided in the General
  683  Appropriations Act.
  684         (3) BOARD DUTIES.—Each board of trustees of a primary data
  685  center shall:
  686         (j) Maintain the capabilities of the primary data center’s
  687  facilities. Maintenance responsibilities include, but are not
  688  limited to, ensuring that adequate conditioned floor space, fire
  689  suppression, cooling, and power is in place; replacing aging
  690  equipment when necessary; and making decisions related to data
  691  center expansion and renovation, periodic upgrades, and
  692  improvements that are required to ensure the ongoing suitability
  693  of the facility as an enterprise data center consolidation site
  694  in the state data center system. To the extent possible, the
  695  board shall ensure that its approved annual cost-allocation plan
  696  recovers sufficient funds from its customers to provide for
  697  these needs pursuant to s. 282.201(2)(e).
  698         Section 10. Section 282.204, Florida Statutes, is amended
  699  to read:
  700         282.204 Northwood Shared Resource Center.—
  701         (1) Beginning July 1, 2008, A workgroup shall be
  702  established within the Department of Children and Family
  703  Services for the purpose of developing a plan for converting its
  704  data center to a primary data center.
  705         (a) The workgroup shall be chaired by a member appointed by
  706  the secretary of the department. Workgroup members may include
  707  other state agencies who will be customers of the data center
  708  during the 2009-2010 fiscal year. The workgroup shall include
  709  staff members who have appropriate financial and technical
  710  skills as determined by the chair of the workgroup.
  711         (b) The conversion plan shall address organizational
  712  changes, personnel changes, cost-allocation plan changes, and
  713  any other changes necessary to effectively convert to a primary
  714  state data center capable of providing computer services as
  715  required by s. 282.201.
  716         (c) The workgroup shall submit recommendations for
  717  facilitating the conversion to the Governor and Cabinet, the
  718  President of the Senate, and the Speaker of the House of
  719  Representatives by December 31, 2008.
  720         (2) Effective July 1, 2009, The Northwood Shared Resource
  721  Center is an agency is established within the Department of
  722  Children and Family Services for administrative purposes only.
  723         (a) The center is designated as a primary data center and
  724  shall be a separate budget entity that is not subject to
  725  control, supervision, or direction of the department in any
  726  manner, including, but not limited to, purchasing, transactions
  727  involving real or personal property, personnel, or budgetary
  728  matters.
  729         (b)(3) The center shall be headed by a board of trustees as
  730  provided in s. 282.203, who shall comply with all requirements
  731  of that section related to the operation of the center and with
  732  the rules policies of the Agency for Enterprise Information
  733  Technology related to the design and delivery of enterprise
  734  information technology services. The secretary of the department
  735  may appoint a temporary board chair for the purpose of convening
  736  the board of trustees, selecting a chair, and determining board
  737  membership.
  738         (3) The Department of Children and Family Services and the
  739  center shall identify resources associated with information
  740  technology functions which are not related to the support,
  741  management, and operation of the data center but which currently
  742  exist within the same budget entity as the data center. By
  743  October 1, 2009, the center shall submit a budget amendment to
  744  transfer resources associated with these functions to the
  745  department.
  746         Section 11. Section 282.205, Florida Statutes, is amended
  747  to read:
  748         282.205 Southwood Shared Resource Center.—
  749         (1) Effective July 1, 2008, The Southwood Shared Resource
  750  Center is an agency established within the department of
  751  Management Services for administrative purposes only.
  752         (1) The center is designated as a primary data center and
  753  shall be a separate budget entity that is not subject to
  754  control, supervision, or direction of the department in any
  755  manner, including, but not limited to, purchasing, transactions
  756  involving real or personal property, personnel, or budgetary
  757  matters.
  758         (2) The Department of Management Services and the center
  759  shall identify resources associated with information technology
  760  functions which are not related to the support, management, and
  761  operation of the data center but which currently exist within
  762  the same budget entity as the data center. By October 1, 2008,
  763  the center shall submit a budget amendment to transfer resources
  764  associated with these functions to the Department of Management
  765  Services.
  766         (2)(3) The center shall be headed by a board of trustees as
  767  provided in s. 282.203, who shall comply with all requirements
  768  of that section related to the operation of the center and with
  769  the rules policies of the Agency for Enterprise Information
  770  Technology related to the design and delivery of enterprise
  771  information technology services.
  772         Section 12. Section 282.318, Florida Statutes, is amended
  773  to read:
  774         282.318 Security of data and information technology
  775  resources.—
  776         (1) This section may be cited as the “Enterprise Security
  777  of Data and Information Technology Infrastructure Act.”
  778         (2) Information technology security is established as an
  779  enterprise information technology service as defined in s.
  780  287.0041.
  781         (3)(2)(a) The Office of Information Security within the
  782  Agency for Enterprise Information Technology, in consultation
  783  with each agency head, is responsible for establishing rules and
  784  publishing guidelines assessing and recommending minimum
  785  operating procedures for ensuring an appropriate adequate level
  786  of security for all data and information technology resources
  787  for executive branch agencies created or authorized in statute
  788  to perform legislatively delegated functions. The office shall
  789  also perform the following duties and responsibilities:
  790         (a) Develop, and annually update by February 1, an
  791  enterprise information security strategic plan that includes
  792  security goals and objectives for the strategic issues of
  793  information security policy, risk management, training, incident
  794  management, and survivability planning.
  795         (b) Develop enterprise security rules and published
  796  guidelines for:
  797         1. Comprehensive risk analyses and information security
  798  audits conducted by state agencies.
  799         2. Responding to suspected or confirmed information
  800  security incidents, including suspected or confirmed breaches of
  801  personal information or exempt data.
  802         3. Agency security plans, including strategic security
  803  plans and security program plans.
  804         4. The recovery of information technology and data
  805  following a disaster.
  806         5. The managerial, operational, and technical safeguards
  807  for protecting state government data and information technology
  808  resources.
  809         (c) Assist agencies in complying with the provisions of s.
  810  282.318.
  811         (d) Pursue appropriate funding for the purpose of enhancing
  812  domestic security.
  813         (e) Provide training for agency information security
  814  managers.
  815         (f) Annually review the strategic and operational
  816  information security plans of executive branch agencies.
  817         (4) To assist the Office of Information Security agency in
  818  carrying out its responsibilities this responsibility, each
  819  agency head shall, at a minimum:
  820         (a)1. Designate an information security manager to who
  821  shall administer the security program of the agency for its data
  822  and information technology resources. This designation must be
  823  provided annually in writing to the office by January 1.
  824         (b) Submit to the office annually by July 31, the agency’s
  825  strategic and operational information security plans developed
  826  pursuant to the rules and guidelines established by the office.
  827         1. The agency strategic information security plan must
  828  cover a 3-year period and define security goals, intermediate
  829  objectives, and projected agency costs for the strategic issues
  830  of agency information security policy, risk management, security
  831  training, security incident response, and survivability. The
  832  plan must be based on the enterprise strategic information
  833  security plan created by the office. Additional issues may be
  834  included.
  835         2. The agency operational information security plan must
  836  include a progress report for the prior operational information
  837  security plan and a project plan that includes activities,
  838  timelines, and deliverables for security objectives that,
  839  subject to current resources, the agency will implement during
  840  the current fiscal year. The cost of implementing the portions
  841  of the plan which cannot be funded from current resources must
  842  be identified in the plan.
  843         (c)2. Conduct, and update every 3 years, a comprehensive
  844  risk analysis to determine the security threats to the data,
  845  information, and information technology resources of the agency.
  846  The risk analysis information is confidential and exempt from
  847  the provisions of s. 119.07(1), except that such information
  848  shall be available to the Auditor General and the Agency for
  849  Enterprise Information Technology for in performing postauditing
  850  duties.
  851         (d)3. Develop, and periodically update, written internal
  852  policies and procedures, which shall include procedures for
  853  notifying the office Agency for Enterprise Information
  854  Technology when a suspected or confirmed breach, or an
  855  information security incident, occurs or data is compromised.
  856  Such policies and procedures must be consistent with the rules
  857  and guidelines established standard operating procedures adopted
  858  by the office Agency for Enterprise Information Technology in
  859  order to ensure the security of the data, information, and
  860  information technology resources of the agency. The internal
  861  policies and procedures that, if disclosed, could facilitate the
  862  unauthorized modification, disclosure, or destruction of data or
  863  information technology resources are confidential information
  864  and exempt from the provisions of s. 119.07(1), except that such
  865  information shall be available to the Auditor General and the
  866  Agency for Enterprise Information Technology for in performing
  867  postauditing duties.
  868         (e)4. Implement appropriate cost-effective safeguards to
  869  address reduce, eliminate, or recover from the identified risks
  870  to the data, information, and information technology resources
  871  of the agency.
  872         (f)5. Ensure that periodic internal audits and evaluations
  873  of the agency’s security program for the data, information, and
  874  information technology resources of the agency are conducted.
  875  The results of such internal audits and evaluations are
  876  confidential information and exempt from the provisions of s.
  877  119.07(1), except that such information shall be available to
  878  the Auditor General and the Agency for Enterprise Information
  879  Technology for in performing postauditing duties.
  880         (g)6. Include appropriate security requirements in the
  881  written specifications for the solicitation of information
  882  technology and information technology resources and services,
  883  which are consistent with the rules and guidelines established
  884  standard security operating procedures adopted by the office
  885  Agency for Enterprise Information Technology.
  886         (h) Provide security awareness training to employees and
  887  users of the agency’s communication and information resources
  888  concerning information security risks and the responsibility of
  889  employees and users to comply with policies, standards,
  890  guidelines, and operating procedures adopted by the agency to
  891  reduce those risks.
  892         (i) Develop a process for detecting, reporting, and
  893  responding to suspected or confirmed security incidents,
  894  including suspected or confirmed breaches consistent with the
  895  security rules and guidelines established by the office.
  896         1. Suspected or confirmed information security incidents
  897  and breaches must be immediately reported to the office.
  898         2. For incidents involving breaches, agencies shall provide
  899  notice in accordance with s. 817.5681 and to the office in
  900  accordance with this subsection.
  901         (5)(b)Each In those instances under this subsection in
  902  which the state agency or department develops state contracts,
  903  the state agency or department shall include appropriate
  904  security requirements in the specifications for the solicitation
  905  of for state contracts for procuring information technology or
  906  information technology resources or services which are
  907  consistent with the rules and guidelines established by the
  908  Office of Information Security.
  909         (3) The Agency for Enterprise Information Technology shall
  910  designate a chief information security officer.
  911         (4) The Agency for Enterprise Information Technology shall
  912  develop standards and templates for conducting comprehensive
  913  risk analyses and information security audits by state agencies,
  914  assist agencies in their compliance with the provisions of this
  915  section, pursue appropriate funding provided for the purpose of
  916  enhancing domestic security, establish minimum guidelines and
  917  procedures for the recovery of information technology following
  918  a disaster, and provide training for agency information security
  919  managers. Standards, templates, guidelines, and procedures shall
  920  be published annually, no later than September 30 each year, to
  921  enable agencies to incorporate them in their planning for the
  922  following fiscal year.
  923         (6)(5) The Agency for Enterprise Information Technology may
  924  adopt rules pursuant to ss. 120.536(1) and 120.54 relating to
  925  information security and to administer the provisions of this
  926  section.
  927         (7) By December 31, 2010, the Agency for Enterprise
  928  Information Technology shall develop, and submit to the
  929  Governor, the President of the Senate, and the Speaker of the
  930  House of Representatives a proposed implementation plan for
  931  information technology security. The agency shall describe the
  932  scope of operation, conduct costs and requirements analyses,
  933  conduct an inventory of all existing security information
  934  technology resources, and develop strategies, timeframes, and
  935  resources necessary for statewide migration.
  936         Section 13. Paragraph (b) of subsection (2) of section
  937  282.33, Florida Statutes, is amended to read:
  938         282.33 Objective standards for data center energy
  939  efficiency.—
  940         (2) State shared resource data centers and other data
  941  centers that the Agency for Enterprise Information Technology
  942  has determined will be recipients for consolidating data
  943  centers, which are designated by the Agency for Enterprise
  944  Information Technology, shall evaluate their data center
  945  facilities for energy efficiency using the standards established
  946  in this section.
  947         (b) By December 31, 2010, and biennially biannually
  948  thereafter, the Agency for Enterprise Information Technology
  949  shall submit to the Legislature recommendations for reducing
  950  energy consumption and improving the energy efficiency of state
  951  primary data centers.
  952         Section 14. Section 282.34, Florida Statutes, is created to
  953  read:
  954         282.34 Statewide e-mail system.—A state e-mail system that
  955  includes the service delivery and support for a statewide e
  956  mail, messaging, and calendaring service is established as an
  957  enterprise information technology service as defined in s.
  958  282.0041. The service shall be designed to meet the needs of all
  959  executive branch agencies and reduce the current cost of
  960  operation and support.
  961         (1) The Southwood Shared Resource Center, a primary data
  962  center, shall be the provider of the statewide e-mail system.
  963  The center shall centrally host, manage, and operate the e-mail
  964  system.
  965         (2) By December 31, 2009, the Agency for Enterprise
  966  Information Technology shall submit a proposed plan for the
  967  establishment of the e-mail system to the Governor, the
  968  President of the Senate, and the Speaker of the House of
  969  Representatives. The plan shall be developed to reduce costs to
  970  the state and include, at a minimum:
  971         (a) An analysis of the in-house and external sourcing
  972  options that should be considered for delivery and support of
  973  the service. The analysis shall include an internally hosted
  974  system option, an externally sourced system option, and, if
  975  necessary, a combined in-house and externally sourced option.
  976         (b) A cost-benefit analysis that estimates all major cost
  977  elements associated with each sourcing option, including the
  978  nonrecurring and recurring costs of each option. The analysis
  979  must also include a comparison of the total cost of each
  980  enterprise e-mail sourcing option and the total cost of existing
  981  e-mail services in order to determine the level of savings that
  982  can be expected.
  983         (c) Estimated expenditures for each state agency associated
  984  with e-mail costs for the 2009-2010 fiscal year.
  985         (d) The plan must identify any existing e-mail
  986  infrastructure that should be considered for reuse.
  987         (e) A concise analysis of the ability of each sourcing
  988  option to meet major system requirements, including federal and
  989  state requirements for confidentiality, privacy, security, and
  990  records retention.
  991         (f) A complete description of the scope of functionality,
  992  operations, and required resources associated with each sourcing
  993  option.
  994         (g) Recommendations for standardizing the format of state
  995  e-mail addresses.
  996         (h) A reliable schedule for the decommissioning of all
  997  state agency e-mail systems and the migration of all agencies to
  998  the new system beginning by July 1, 2010, and completing by June
  999  30, 2013.
 1000         (3) In order to develop the recommended plan for the new
 1001  system, the Agency for Enterprise Information Technology shall
 1002  consult with and, as necessary, form workgroups consisting of
 1003  agency e-mail management staff, agency chief information
 1004  officers, and agency budget directors. State agencies must
 1005  cooperate with the Agency for Enterprise Technology in its
 1006  development of the plan.
 1007         (4) Unless authorized by the Legislature or as provided in
 1008  subsection (5), a state agency shall not:
 1009         (a) Initiate a new e-mail service with any entity other
 1010  than the provider of the statewide e-mail system service;
 1011         (b) Terminate a statewide e-mail system service without
 1012  giving written notice of termination 180 days in advance; or
 1013         (c) Transfer e-mail system services from the provider of
 1014  the statewide e-mail system service.
 1015         (5) Exceptions to paragraphs (4)(a), (b), and (c) may be
 1016  granted by the Agency for Enterprise Information Technology only
 1017  if the Southwood Shared Resource Center is unable to meet agency
 1018  e-mail service requirements. Requests for exceptions must be
 1019  submitted in writing to the Agency for Enterprise Information
 1020  Technology and include confirmation by the Southwood Shared
 1021  Resource Center board of trustees that it cannot meet the
 1022  requesting agency’s e-mail service requirements.
 1023         Section 15. The Division of Statutory Revision is requested
 1024  to create part IV of chapter 282, consisting of sections 282.701
 1025  through 282.711, Florida Statutes.
 1026         Section 16. Section 282.701, Florida Statutes, is created
 1027  to read:
 1028         282.701 Short title.—This part may be cited as the
 1029  “Communication Information Technology Services Act.”
 1030         Section 17. Section 282.102, Florida Statues, is
 1031  transferred and renumbered as section 282.702, Florida Statutes.
 1032         Section 18. Section 282.103, Florida Statutes, is
 1033  transferred, renumbered as section 282.703, Florida Statutes,
 1034  and amended to read:
 1035         282.703 282.103 SUNCOM Network; exemptions from the
 1036  required use.—
 1037         (1) There is created within the department of Management
 1038  Services the SUNCOM Network, which shall be developed to serve
 1039  as the state communications system for providing local and long
 1040  distance communications services to state agencies, political
 1041  subdivisions of the state, municipalities, state universities,
 1042  and nonprofit corporations pursuant to this part ss. 282.102
 1043  282.111. The SUNCOM Network shall be developed to transmit all
 1044  types of communications signals, including, but not limited to,
 1045  voice, data, video, image, and radio. State agencies shall
 1046  cooperate and assist in the development and joint use of
 1047  communications systems and services.
 1048         (2) The department State Technology Office shall design,
 1049  engineer, implement, manage, and operate through state
 1050  ownership, commercial leasing, or some combination thereof, the
 1051  facilities and equipment providing SUNCOM Network services, and
 1052  shall develop a system of equitable billings and charges for
 1053  communication services.
 1054         (3) All state agencies and state universities shall are
 1055  required to use the SUNCOM Network for agency and state
 1056  university communications services as the services become
 1057  available; however, no agency or university is relieved of
 1058  responsibility for maintaining communications services necessary
 1059  for effective management of its programs and functions. If a
 1060  SUNCOM Network service does not meet the communications
 1061  requirements of an agency or university, the agency or
 1062  university shall notify the department State Technology Office
 1063  in writing and detail the requirements for that communications
 1064  service. If the department office is unable to meet an agency’s
 1065  or university’s requirements by enhancing SUNCOM Network
 1066  service, the department office may grant the agency or
 1067  university an exemption from the required use of specified
 1068  SUNCOM Network services.
 1069         Section 19. Section 282.104, Florida Statutes, is
 1070  transferred, renumbered as section 282.704, Florida Statutes,
 1071  and amended to read:
 1072         282.704 282.104 Use of state SUNCOM Network by
 1073  municipalities.—Any municipality may request the department
 1074  State Technology Office to provide any or all of the SUNCOM
 1075  Network’s portfolio of communications services upon such terms
 1076  and under such conditions as the department office may
 1077  establish. The requesting municipality shall pay its share of
 1078  installation and recurring costs according to the published
 1079  rates for SUNCOM Network services and as invoiced by the
 1080  department office. Such municipality shall also pay for any
 1081  requested modifications to existing SUNCOM Network services, if
 1082  any charges apply.
 1083         Section 20. Section 282.105, Florida Statutes, is
 1084  transferred, renumbered as section 282.705, Florida Statutes,
 1085  and amended to read:
 1086         282.705 282.105 Use of state SUNCOM Network by nonprofit
 1087  corporations.—
 1088         (1) The department State Technology Office shall provide a
 1089  means whereby private nonprofit corporations under contract with
 1090  state agencies or political subdivisions of the state may use
 1091  the state SUNCOM Network, subject to the limitations in this
 1092  section. In order to qualify to use the state SUNCOM Network, a
 1093  nonprofit corporation shall:
 1094         (a) Expend the majority of its total direct revenues for
 1095  the provision of contractual services to the state, a
 1096  municipality, or a political subdivision of the state; and
 1097         (b) Receive only a small portion of its total revenues from
 1098  any source other than a state agency, a municipality, or a
 1099  political subdivision of the state during the period of time
 1100  SUNCOM Network services are requested.
 1101         (2) Each nonprofit corporation seeking authorization to use
 1102  the state SUNCOM Network pursuant to this section shall provide
 1103  to the department office, upon request, proof of compliance with
 1104  subsection (1).
 1105         (3) Nonprofit corporations established pursuant to general
 1106  law and an association of municipal governments which is wholly
 1107  owned by the municipalities are shall be eligible to use the
 1108  state SUNCOM Network, subject to the terms and conditions of the
 1109  department office.
 1110         (4) Institutions qualified to participate in the William L.
 1111  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1112  1009.89 are shall be eligible to use the state SUNCOM Network,
 1113  subject to the terms and conditions of the department office.
 1114  Such entities are shall not be required to satisfy the other
 1115  criteria of this section.
 1116         (5) Private, nonprofit elementary and secondary schools are
 1117  shall be eligible for rates and services on the same basis as
 1118  public schools if such, providing these nonpublic schools do not
 1119  have an endowment in excess of $50 million.
 1120         Section 21. Section 282.106, Florida Statutes, is
 1121  transferred, renumbered as section 282.706, Florida Statutes,
 1122  and amended to read:
 1123         282.706 282.106 Use of SUNCOM Network by libraries.—The
 1124  department State Technology Office may provide SUNCOM Network
 1125  services to any library in the state, including libraries in
 1126  public schools, community colleges, state universities, and
 1127  nonprofit private postsecondary educational institutions, and
 1128  libraries owned and operated by municipalities and political
 1129  subdivisions.
 1130         Section 22. Section 282.107, Florida Statutes, is
 1131  transferred and renumbered as section 282.707, Florida Statutes,
 1132  and amended to read:
 1133         282.707 282.107 SUNCOM Network; criteria for usage.—
 1134         (1) The department of Management Services shall
 1135  periodically review the qualifications of subscribers using the
 1136  state SUNCOM Network and shall terminate services provided to
 1137  any facility not qualified under this part pursuant to ss.
 1138  282.102-282.111 or rules adopted hereunder. In the event of
 1139  nonpayment of invoices by subscribers whose SUNCOM Network
 1140  invoices are paid from sources other than legislative
 1141  appropriations, such nonpayment represents good and sufficient
 1142  reason to terminate service.
 1143         (2) The department of Management Services shall adopt rules
 1144  for implementing and operating the state SUNCOM Network, which
 1145  shall include its procedures for withdrawing and restoring
 1146  authorization to use the state SUNCOM Network. Such rules shall
 1147  provide a minimum of 30 days’ notice to affected parties before
 1148  terminating prior to termination of voice communications
 1149  service.
 1150         (3) Nothing in This section does not shall be construed to
 1151  limit or restrict the ability of the Florida Public Service
 1152  Commission to set jurisdictional tariffs of telecommunications
 1153  companies.
 1154         Section 23. Section 282.109, Florida Statutes, is
 1155  transferred and renumbered as section 282.708, Florida Statutes.
 1156         Section 24. Section 282.1095, Florida Statutes, is
 1157  transferred, renumbered as section 282.709, Florida Statutes,
 1158  and amended to read:
 1159         282.709 282.1095 State agency law enforcement radio system
 1160  and interoperability network.—
 1161         (1) The department State Technology Office may acquire and
 1162  administer implement a statewide radio communications system to
 1163  serve law enforcement units of state agencies, and to serve
 1164  local law enforcement agencies through mutual aid channels. The
 1165  Joint Task Force on State Agency Law Enforcement Communications
 1166  is established in the State Technology Office to advise the
 1167  office of member-agency needs for the planning, designing, and
 1168  establishment of the joint system. The State Agency Law
 1169  Enforcement Radio System Trust Fund is established in the State
 1170  Technology Office. The trust fund shall be funded from
 1171  surcharges collected under ss. 320.0802 and 328.72.
 1172         (a) The department shall, in conjunction with the
 1173  Department of Law Enforcement and the Division of Emergency
 1174  Management of the Department of Community Affairs, establish
 1175  policies, procedures, and standards to be incorporated into a
 1176  comprehensive management plan for the use and operation of the
 1177  statewide radio communications system.
 1178         (b) The department shall bear the overall responsibility
 1179  for the design, engineering, acquisition, and implementation of
 1180  the statewide radio communications system and for ensuring the
 1181  proper operation and maintenance of all common system equipment.
 1182         (c)1. The department may rent or lease space on any tower
 1183  under its control and refuse to lease space on any tower at any
 1184  site.
 1185         2. The department may rent, lease, or sublease ground space
 1186  as necessary to locate equipment to support antennae on the
 1187  towers. The costs for the use of such space shall be established
 1188  by the department for each site if it is determined to be
 1189  practicable and feasible to make space available.
 1190         3. The department may rent, lease, or sublease ground space
 1191  on lands acquired by the department for the construction of
 1192  privately owned or publicly owned towers. The department may, as
 1193  a part of such rental, lease, or sublease agreement, require
 1194  space on such towers for antennae as necessary for the
 1195  construction and operation of the state agency law enforcement
 1196  radio system or any other state need.
 1197         4. All moneys collected by the department for rents,
 1198  leases, and subleases under this subsection shall be deposited
 1199  directly into the State Agency Law Enforcement Radio System
 1200  Trust Fund established in subsection (3) and may be used by the
 1201  department to construct, maintain, or support the system.
 1202         5. The positions necessary for the department to accomplish
 1203  its duties under this subsection shall be established in the
 1204  General Appropriations Act and funded by the Law Enforcement
 1205  Radio Operating Trust Fund or other revenue sources.
 1206         (d) The department shall exercise its powers and duties
 1207  under this part to plan, manage, and administer the mutual aid
 1208  channels in the statewide radio communication system.
 1209         1. In implementing such powers and duties, the department
 1210  shall consult and act in conjunction with the Department of Law
 1211  Enforcement and the Division of Emergency Management of the
 1212  Department of Community Affairs, and shall manage and administer
 1213  the mutual aid channels in a manner that reasonably addresses
 1214  the needs and concerns of the involved law enforcement agencies
 1215  and emergency response agencies and entities.
 1216         2. The department may make the mutual aid channels
 1217  available to federal agencies, state agencies, and agencies of
 1218  the political subdivisions of the state for the purpose of
 1219  public safety and domestic security.
 1220         (e) The department may allow other state agencies to use
 1221  the statewide radio communications system under terms and
 1222  conditions established by the department.
 1223         (2) The Joint Task Force on State Agency Law Enforcement
 1224  Communications is created adjunct to the department to advise
 1225  the department of member-agency needs relating to the planning,
 1226  designing, and establishment of the statewide communication
 1227  system.
 1228         (a) The Joint Task Force on State Agency Law Enforcement
 1229  Communications shall consist of eight members, as follows:
 1230         1. A representative of the Division of Alcoholic Beverages
 1231  and Tobacco of the Department of Business and Professional
 1232  Regulation who shall be appointed by the secretary of the
 1233  department.
 1234         2. A representative of the Division of Florida Highway
 1235  Patrol of the Department of Highway Safety and Motor Vehicles
 1236  who shall be appointed by the executive director of the
 1237  department.
 1238         3. A representative of the Department of Law Enforcement
 1239  who shall be appointed by the executive director of the
 1240  department.
 1241         4. A representative of the Fish and Wildlife Conservation
 1242  Commission who shall be appointed by the executive director of
 1243  the commission.
 1244         5. A representative of the Division of Law Enforcement of
 1245  the Department of Environmental Protection who shall be
 1246  appointed by the secretary of the department.
 1247         6. A representative of the Department of Corrections who
 1248  shall be appointed by the secretary of the department.
 1249         7. A representative of the Division of State Fire Marshal
 1250  of the Department of Financial Services who shall be appointed
 1251  by the State Fire Marshal.
 1252         8. A representative of the Department of Transportation who
 1253  shall be appointed by the secretary of the department.
 1254         (b) Each appointed member of the joint task force shall
 1255  serve at the pleasure of the appointing official. Any vacancy on
 1256  the joint task force shall be filled in the same manner as the
 1257  original appointment. A Any joint task force member may, upon
 1258  notification to the chair before prior to the beginning of any
 1259  scheduled meeting, appoint an alternative to represent the
 1260  member on the task force and vote on task force business in his
 1261  or her absence.
 1262         (c) The joint task force shall elect a chair from among its
 1263  members to serve a 1-year term. A vacancy in the chair of the
 1264  joint task force must be filled for the remainder of the
 1265  unexpired term by an election of the joint task force members.
 1266         (d) The joint task force shall meet as necessary, but at
 1267  least quarterly, at the call of the chair and at the time and
 1268  place designated by him or her.
 1269         (e) The per diem and travel expenses incurred by a member
 1270  of the joint task force in attending its meetings and in
 1271  attending to its affairs shall be paid pursuant to s. 112.061,
 1272  from funds budgeted to the state agency that the member
 1273  represents.
 1274         (f) The department shall provide technical support to the
 1275  joint task force.
 1276         (f) The State Technology Office is hereby authorized to
 1277  rent or lease space on any tower under its control. The office
 1278  may also rent, lease, or sublease ground space as necessary to
 1279  locate equipment to support antennae on the towers. The costs
 1280  for use of such space shall be established by the office for
 1281  each site, when it is determined to be practicable and feasible
 1282  to make space available. The office may refuse to lease space on
 1283  any tower at any site. All moneys collected by the office for
 1284  such rents, leases, and subleases shall be deposited directly
 1285  into the Law Enforcement Radio Operating Trust Fund and may be
 1286  used by the office to construct, maintain, or support the
 1287  system.
 1288         (g) The State Technology Office is hereby authorized to
 1289  rent, lease, or sublease ground space on lands acquired by the
 1290  office for the construction of privately owned or publicly owned
 1291  towers. The office may, as a part of such rental, lease, or
 1292  sublease agreement, require space on said tower or towers for
 1293  antennae as may be necessary for the construction and operation
 1294  of the state agency law enforcement radio system or any other
 1295  state need. The positions necessary for the office to accomplish
 1296  its duties under this paragraph and paragraph (f) shall be
 1297  established in the General Appropriations Act and shall be
 1298  funded by the Law Enforcement Radio Operating Trust Fund or
 1299  other revenue sources.
 1300         (h) The State Technology Office may make the mutual aid
 1301  channels in the statewide radio communications system available
 1302  to federal agencies, state agencies, and agencies of the
 1303  political subdivisions of the state for the purpose of public
 1304  safety and domestic security. The office shall exercise its
 1305  powers and duties, as specified in this chapter, to plan,
 1306  manage, and administer the mutual aid channels. The office
 1307  shall, in implementing such powers and duties, act in
 1308  consultation and conjunction with the Department of Law
 1309  Enforcement and the Division of Emergency Management of the
 1310  Department of Community Affairs, and shall manage and administer
 1311  the mutual aid channels in a manner that reasonably addresses
 1312  the needs and concerns of the involved law enforcement agencies
 1313  and emergency response agencies and entities.
 1314         (3) The State Agency Law Enforcement Radio System Trust
 1315  Fund is established in the department and funded from surcharges
 1316  collected under ss. 318.18, 320.0802 and 328.72. Upon
 1317  appropriation, moneys in the trust fund may be used by the
 1318  department office to acquire by competitive procurement the
 1319  equipment,; software,; and engineering, administrative, and
 1320  maintenance services it needs to construct, operate, and
 1321  maintain the statewide radio system. Moneys in the trust fund
 1322  collected as a result of the surcharges set forth in ss. 318.18,
 1323  320.0802, and 328.72 shall be used to help fund the costs of the
 1324  system. Upon completion of the system, moneys in the trust fund
 1325  may also be used by the department office to provide for payment
 1326  of the recurring maintenance costs of the system.
 1327         (4)(a) The office shall, in conjunction with the Department
 1328  of Law Enforcement and the Division of Emergency Management of
 1329  the Department of Community Affairs, establish policies,
 1330  procedures, and standards which shall be incorporated into a
 1331  comprehensive management plan for the use and operation of the
 1332  statewide radio communications system.
 1333         (b) The joint task force, in consultation with the office,
 1334  shall have the authority to permit other state agencies to use
 1335  the communications system, under terms and conditions
 1336  established by the joint task force.
 1337         (5) The office shall provide technical support to the joint
 1338  task force and shall bear the overall responsibility for the
 1339  design, engineering, acquisition, and implementation of the
 1340  statewide radio communications system and for ensuring the
 1341  proper operation and maintenance of all system common equipment.
 1342         (4)(6)(a) The department State Technology Office may create
 1343  and administer implement an interoperability network to enable
 1344  interoperability between various radio communications
 1345  technologies and to serve federal agencies, state agencies, and
 1346  agencies of political subdivisions of the state for the purpose
 1347  of public safety and domestic security.
 1348         (a) The department office shall, in conjunction with the
 1349  Department of Law Enforcement and the Division of Emergency
 1350  Management of the Department of Community Affairs, exercise its
 1351  powers and duties pursuant to this chapter to plan, manage, and
 1352  administer the interoperability network. The office may:
 1353         1. Enter into mutual aid agreements among federal agencies,
 1354  state agencies, and political subdivisions of the state for the
 1355  use of the interoperability network.
 1356         2. Establish the cost of maintenance and operation of the
 1357  interoperability network and charge subscribing federal and
 1358  local law enforcement agencies for access and use of the
 1359  network. The department State Technology Office may not charge
 1360  state law enforcement agencies identified in paragraph (2)(a) to
 1361  use the network.
 1362         3. In consultation with the Department of Law Enforcement
 1363  and the Division of Emergency Management of the Department of
 1364  Community Affairs, amend and enhance the statewide radio
 1365  communications system as necessary to implement the
 1366  interoperability network.
 1367         (b) The department State Technology Office, in consultation
 1368  with the Joint Task Force on State Agency Law Enforcement
 1369  Communications, and in conjunction with the Department of Law
 1370  Enforcement and the Division of Emergency Management of the
 1371  Department of Community Affairs, shall establish policies,
 1372  procedures, and standards to incorporate into a comprehensive
 1373  management plan for the use and operation of the
 1374  interoperability network.
 1375         Section 25. Section 282.111, Florida Statutes, is
 1376  transferred, renumbered as section 282.710, Florida Statutes,
 1377  and amended to read:
 1378         282.710 282.111 Statewide system of regional law
 1379  enforcement communications.—
 1380         (1) It is the intent and purpose of the Legislature that a
 1381  statewide system of regional law enforcement communications be
 1382  developed whereby maximum efficiency in the use of existing
 1383  radio channels is achieved in order to deal more effectively
 1384  with the apprehension of criminals and the prevention of crime
 1385  generally. To this end, all law enforcement agencies within the
 1386  state are directed to provide the department State Technology
 1387  Office with any information the department office requests for
 1388  the purpose of implementing the provisions of subsection (2).
 1389         (2) The department State Technology Office is hereby
 1390  authorized and directed to develop and maintain a statewide
 1391  system of regional law enforcement communications. In
 1392  formulating such a system, the department office shall divide
 1393  the state into appropriate regions and shall develop a program
 1394  that includes which shall include, but is not be limited to, the
 1395  following provisions:
 1396         (a) The communications requirements for each county and
 1397  municipality comprising the region.
 1398         (b) An interagency communications provision that depicts
 1399  which shall depict the communication interfaces between
 1400  municipal, county, and state law enforcement entities operating
 1401  which operate within the region.
 1402         (c) A frequency allocation and use provision that includes
 1403  which shall include, on an entity basis, each assigned and
 1404  planned radio channel and the type of operation, simplex,
 1405  duplex, or half-duplex, on each channel.
 1406         (3) The department office shall adopt any necessary rules
 1407  and regulations for administering implementing and coordinating
 1408  the statewide system of regional law enforcement communications.
 1409         (4) The secretary of the department Chief Information
 1410  Officer of the State Technology Office or his or her designee is
 1411  designated as the director of the statewide system of regional
 1412  law enforcement communications and, for the purpose of carrying
 1413  out the provisions of this section, may is authorized to
 1414  coordinate the activities of the system with other interested
 1415  state agencies and local law enforcement agencies.
 1416         (5) A No law enforcement communications system may not
 1417  shall be established or present system expanded without the
 1418  prior approval of the department State Technology Office.
 1419         (6) Within the limits of its capability, the Department of
 1420  Law Enforcement is encouraged to lend assistance to the
 1421  department State Technology Office in the development of the
 1422  statewide system of regional law enforcement communications
 1423  proposed by this section.
 1424         Section 26. Section 282.21, Florida Statutes, is
 1425  transferred, renumbered as section 282.711, Florida Statutes,
 1426  and amended to read:
 1427         282.711 282.21The State Technology Office’s Remote
 1428  electronic access services.—The department State Technology
 1429  Office may collect fees for providing remote electronic access
 1430  pursuant to s. 119.07(2). The fees may be imposed on individual
 1431  transactions or as a fixed subscription for a designated period
 1432  of time. All fees collected under this section shall be
 1433  deposited in the appropriate trust fund of the program or
 1434  activity that made the remote electronic access available.
 1435         Section 27. Section 282.22, Florida Statutes, is repealed.
 1436         Section 28. Paragraph (h) is added to subsection (3) of
 1437  section 287.042, Florida Statutes, and paragraph (b) of
 1438  subsection (4) and subsections (15) and (16) of that section are
 1439  amended, to read:
 1440         287.042 Powers, duties, and functions.—The department shall
 1441  have the following powers, duties, and functions:
 1442         (3) To establish a system of coordinated, uniform
 1443  procurement policies, procedures, and practices to be used by
 1444  agencies in acquiring commodities and contractual services,
 1445  which shall include, but not be limited to:
 1446         (h) Development, in consultation with the Agency Chief
 1447  Information Officers Council, of procedures to be used by state
 1448  agencies when procuring information technology commodities and
 1449  contractual services to ensure compliance with public-records
 1450  requirements and records-retention and archiving requirements.
 1451         (4)
 1452         (b) To prescribe, in consultation with the Agency Chief
 1453  Information Officers Council State Technology Office, procedures
 1454  for procuring information technology and information technology
 1455  consultant services which provide for public announcement and
 1456  qualification, competitive solicitations, contract award, and
 1457  prohibition against contingent fees. Such procedures shall be
 1458  limited to information technology consultant contracts for which
 1459  the total project costs, or planning or study activities, are
 1460  estimated to exceed the threshold amount provided for in s.
 1461  287.017, for CATEGORY TWO.
 1462         (15)(a) To enter into joint agreements with governmental
 1463  agencies, as defined in s. 163.3164(10), for the purpose of
 1464  pooling funds for the purchase of commodities or information
 1465  technology that can be used by multiple agencies. However, the
 1466  department shall consult with the State Technology Office on
 1467  joint agreements that involve the purchase of information
 1468  technology. Agencies entering into joint purchasing agreements
 1469  with the department or the State Technology Office shall
 1470  authorize the department or the State Technology Office to
 1471  contract for such purchases on their behalf.
 1472         (a)(b) Each agency that has been appropriated or has
 1473  existing funds for such purchase the purchases, shall, upon
 1474  contract award by the department, transfer their portion of the
 1475  funds into the department’s Operating Trust Fund for payment by
 1476  the department. The These funds shall be transferred by the
 1477  Executive Office of the Governor pursuant to the agency budget
 1478  amendment request provisions in chapter 216.
 1479         (b)(c) Agencies that sign the joint agreements are
 1480  financially obligated for their portion of the agreed-upon
 1481  funds. If an any agency becomes more than 90 days delinquent in
 1482  paying the funds, the department shall certify to the Chief
 1483  Financial Officer the amount due, and the Chief Financial
 1484  Officer shall transfer the amount due to the Operating Trust
 1485  Fund of the department from any of the agency’s available funds.
 1486  The Chief Financial Officer shall report all of these transfers
 1487  and the reasons for the transfers to the Executive Office of the
 1488  Governor and the legislative appropriations committees.
 1489         (16)(a) To evaluate contracts let by the Federal
 1490  Government, another state, or a political subdivision for the
 1491  provision of commodities and contract services, and, if when it
 1492  is determined in writing to be cost-effective and in the best
 1493  interest of the state, to enter into a written agreement
 1494  authorizing an agency to make purchases under such a contract
 1495  approved by the department and let by the Federal Government,
 1496  another state, or a political subdivision.
 1497         (b) For contracts pertaining to the provision of
 1498  information technology, the State Technology Office, in
 1499  consultation with the department, shall assess the technological
 1500  needs of a particular agency, evaluate the contracts, and
 1501  determine whether to enter into a written agreement with the
 1502  letting federal, state, or political subdivision body to provide
 1503  information technology for a particular agency.
 1504         Section 29. Subsection (9) of section 1004.52, Florida
 1505  Statutes, is amended to read:
 1506         1004.52 Community computer access grant program.—
 1507         (9) The institute, based upon guidance from the State
 1508  Technology Office and the state’s Chief Information Officer,
 1509  shall establish minimum requirements governing the
 1510  specifications and capabilities of any computers purchased with
 1511  funds awarded under this grant program.
 1512         Section 30. Rules 60DD-1, 60DD-4, 60DD-5, 60DD-6, 60DD-7,
 1513  and 60DD-8, Florida Administrative Code, are repealed, and the
 1514  Department of State is directed to remove these rules from the
 1515  Florida Administrative Code. Rule 60DD-2, Florida Administrative
 1516  Code, is transferred to the Agency for Enterprise Information
 1517  Technology.
 1518         Section 31. Section 17 of chapter 2008-116, 2008 Laws of
 1519  Florida, is amended to read:
 1520         Section 17. All data center functions performed, managed,
 1521  operated, or supported by state agencies with resources and
 1522  equipment currently located in a state primary data center
 1523  created by this act, excluding application development, shall be
 1524  transferred to the primary data center and that agency shall
 1525  become a full-service customer entity by July 1, 2010. All
 1526  resources and equipment located in the primary data center shall
 1527  be operated, managed, and controlled by the primary data center.
 1528  The primary data center in which such resources and equipment
 1529  are located shall be the custodian of such resources and
 1530  equipment for purposes of chapter 273, Florida Statutes. Data
 1531  center functions include, but are not limited to, responsibility
 1532  for all data center hardware, software, staff, contracted
 1533  services, and facility resources performing data center
 1534  management and operations, security, production control, backup
 1535  and recovery, disaster recovery, system administration, database
 1536  administration, system programming, job control, production
 1537  control, print, storage, technical support, help desk, and
 1538  managed services.
 1539         (1) To accomplish the transition, each state agency that is
 1540  a customer entity of a primary data center shall:
 1541         (a) By October 1, 2009, submit a plan to the board of
 1542  trustees of the appropriate primary data center describing costs
 1543  and resources currently used to manage and maintain hardware and
 1544  operating and support software housed at the primary data
 1545  center, and a plan for transferring all resources allocated to
 1546  data center functions to the primary data center. The plan
 1547  shall:
 1548         1. Include the itemized expenditures for all of the related
 1549  equipment and software in the previous 5 fiscal years.
 1550         2. Propose averages or weighted averages for transferring
 1551  spending authority related to equipment and software based upon
 1552  spending in the previous 5 fiscal years and projected needs for
 1553  the upcoming 2 fiscal years.
 1554         (b) Submit with its 2010-2011 legislative budget request
 1555  budget adjustments necessary to accomplish the transfers. These
 1556  adjustments shall include budget requests to replace existing
 1557  spending authority in the appropriations categories used to
 1558  manage, maintain, and upgrade hardware, operating software, and
 1559  support software with an amount in a single appropriation
 1560  category to pay for the services of the primary data center.
 1561         (2) The board of trustees of each primary data center
 1562  shall:
 1563         (a) Be responsible for the efficient transfer of resources
 1564  in user agencies relating to the provision of full services and
 1565  shall coordinate the legislative budget requests of the affected
 1566  agencies.
 1567         (b) Include in its 2010-2011 legislative budget request
 1568  additional budget authority to accommodate the transferred
 1569  functions.
 1570         (c) Develop proposed cost-recovery plans for its customer
 1571  entities at its annual budget meeting held before July 1, 2010,
 1572  using the principles established in s. 282.203, Florida
 1573  Statutes.
 1574         Section 32. Subsection (17) of section 318.18, Florida
 1575  Statutes, is amended to read:
 1576         318.18 Amount of penalties.—The penalties required for a
 1577  noncriminal disposition pursuant to s. 318.14 or a criminal
 1578  offense listed in s. 318.17 are as follows:
 1579         (17) In addition to any penalties imposed, a surcharge of
 1580  $3 must be paid for all criminal offenses listed in s. 318.17
 1581  and for all noncriminal moving traffic violations under chapter
 1582  316. Revenue from the surcharge shall be remitted to the
 1583  Department of Revenue and deposited quarterly into the State
 1584  Agency Law Enforcement Radio System Trust Fund of the Department
 1585  of Management Services for the state agency law enforcement
 1586  radio system, as described in s. 282.709 s. 282.1095, and to
 1587  provide technical assistance to state agencies and local law
 1588  enforcement agencies with their statewide systems of regional
 1589  law enforcement communications, as described in s. 282.710 s.
 1590  282.111. This subsection expires July 1, 2012. The Department of
 1591  Management Services may retain funds sufficient to recover the
 1592  costs and expenses incurred for the purposes of managing,
 1593  administering, and overseeing the Statewide Law Enforcement
 1594  Radio System, and providing technical assistance to state
 1595  agencies and local law enforcement agencies with their statewide
 1596  systems of regional law enforcement communications. The
 1597  Department of Management Services working in conjunction with
 1598  the Joint Task Force on State Agency Law Enforcement
 1599  Communications shall determine and direct the purposes for which
 1600  these funds are used to enhance and improve the radio system.
 1601         Section 33. Subsection (4) of section 393.002, Florida
 1602  Statutes, is amended to read:
 1603         393.002 Transfer of Florida Developmental Disabilities
 1604  Council as formerly created in this chapter to private nonprofit
 1605  corporation.—
 1606         (4) The This designated nonprofit corporation is shall be
 1607  eligible to use the state communications system in accordance
 1608  with s. 282.705(3) s. 282.105(3).
 1609         Section 34. Paragraph (a) of subsection (2) of section
 1610  1001.26, Florida Statutes, is amended to read:
 1611         1001.26 Public broadcasting program system.—
 1612         (2)(a) The Department of Education is responsible for
 1613  implementing the provisions of this section pursuant to s.
 1614  282.702 s. 282.102 and may employ personnel, acquire equipment
 1615  and facilities, and perform all duties necessary for carrying
 1616  out the purposes and objectives of this section.
 1617         Section 35. This act shall take effect upon becoming a law.