Florida Senate - 2013         (PROPOSED COMMITTEE BILL) SPB 7024
       
       
       
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       585-01642A-13                                         20137024__
    1                        A bill to be entitled                      
    2         An act relating to state technology; transferring,
    3         renumbering, and amending s. 14.204, F.S.; creating
    4         the Department of State Technology; providing for the
    5         organizational structure of the department; creating a
    6         Technology Advisory Council and providing for
    7         membership; amending s. 282.0041, F.S.; revising and
    8         providing definitions for terms used in the Enterprise
    9         Information Technology Services Management Act;
   10         amending s. 282.0055, F.S.; requiring the department
   11         to develop a long-range plan; providing the powers and
   12         duties of the department; amending s. 282.0056, F.S.;
   13         conforming provisions to changes made by the act;
   14         creating s. 282.0057, F.S.; providing a schedule for
   15         the initiation of department information technology
   16         projects; specifying tasks to be approved and
   17         completed; amending s. 282.203, F.S.; conforming
   18         provisions to changes made by the act; providing for
   19         future repeal; repealing s. 282.204, F.S., relating to
   20         Northwood Shared Resource Center; repealing s.
   21         282.205, F.S., relating to Southwood Shared Resource
   22         Center; creating s. 282.206, F.S.; establishing the
   23         Fletcher Shared Resource Center within the Department
   24         of Financial Services to provide enterprise
   25         information technology services to the department, co
   26         location services to the Department of Legal Services
   27         and the Department of Agriculture and Consumer
   28         Services, and host the Legislative Appropriations
   29         System/Planning and Budgeting Subsystem; providing for
   30         governance of the center; authorizing the Department
   31         of Legal Affairs and the Department of Agriculture and
   32         Consumer Services to move data center equipment to the
   33         center; amending s. 282.318, F.S.; conforming
   34         provisions to changes made by the act; repealing s.
   35         282.33, F.S., relating to objective standards for data
   36         center energy efficiency; repealing s. 282.34, F.S.,
   37         relating to enterprise email service; amending ss.
   38         282.604, 282.702, 282.703, 20.22, 110.205, 215.22,
   39         215.322, 216.292, 287.012, 287.057, 318.18, 320.0802,
   40         328.72, 364.0135, 365.171, 365.172, 365.173, 365.174,
   41         401.013, 401.015, 401.018, 401.021, 401.024, 401.027,
   42         445.011, 445.045, and 668.50, F.S.; conforming
   43         provisions to changes made by the act; transferring
   44         the personnel, functions, and funds of the Agency for
   45         Enterprise Information Technology to the Department of
   46         State Technology; transferring specified personnel,
   47         functions, funds, trust funds, administrative orders,
   48         contracts, and rules relating to technology programs
   49         from the Department of Management Services to the
   50         Department of State Technology; transferring the
   51         Northwood Shared Resource Center and the Southwood
   52         Shared Resource Center to the department; providing an
   53         appropriation; providing effective dates.
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. Section 14.204, Florida Statutes, is
   58  transferred, renumbered as section 20.61, Florida Statutes, and
   59  amended to read:
   60         (Substantial rewording of section. See
   61         s. 14.204, F.S. for present text)
   62         20.61Department of State Technology; powers and duties.
   63  The Department of State Technology is hereby created as an
   64  executive agency under the Governor.
   65         (1) The department shall have a secretary, who shall be
   66  appointed by the Governor. The secretary must be confirmed by
   67  the Senate and shall serve at the pleasure of the Governor. The
   68  secretary shall be the state’s Chief Information Officer.
   69         (2) The Technology Advisory Council consisting of nine
   70  members shall be established and maintained pursuant to s.
   71  20.052. Four of the members of the council shall be appointed by
   72  the Governor, of which two members must be from the private
   73  sector; three of the members shall be appointed by the Cabinet;
   74  one of the members shall be appointed by the Speaker of the
   75  House of Representative; and one member shall be appointed by
   76  the Senate President. Upon initial establishment of the council,
   77  two of the Governor’s appointments and two of the Cabinet’s
   78  appointments shall be for 2 year terms. Thereafter, all
   79  appointments shall be for 4 year terms.
   80         (a) The council shall consider and make recommendations to
   81  the secretary on such matters as enterprise information
   82  technology policies, standards, services, and architecture.
   83         (b) The secretary shall consult with the council with
   84  regard to executing the duties and responsibilities of the
   85  department related to statewide information technology strategic
   86  planning and policy.
   87         (3)The following divisions and offices are established
   88  within the department:
   89         (a) Division of Information Management.
   90         (b) Division of Enterprise Information Technology Services.
   91         (c) The Office Of Information Security.
   92         (d) The Office of Strategic Planning.
   93         (4) There shall be a Chief Operations Officer, a Chief
   94  Planning Officer, a Chief Security Officer, and a Deputy Chief
   95  Information Officer all of whom serve at the pleasure of the
   96  secretary.
   97         (a) The Chief Operations Officer is responsible for the
   98  operations and delivery of enterprise information technology
   99  services including management of telecommunication services and
  100  data center operations.
  101         (b) The Chief Planning Officer is responsible for
  102  establishing and maintaining enterprise information technology
  103  policy, planning, standards, project management, oversight, and
  104  procurement.
  105         (c) The Chief Security Officer is responsible for
  106  establishing and maintaining the enterprise strategy and program
  107  for ensuring information assets are adequately protected.
  108         (d) The Deputy Chief Information Officer is responsible for
  109  establishing and maintaining the enterprise strategy for
  110  enterprise information technology services.
  111         (5) The following deputy Chief Information Officer
  112  positions shall be appointed and serve at the pleasure of the
  113  secretary. Each deputy is responsible for the following core
  114  agency groups:
  115         (a) Deputy Information Officer of Human Services, to
  116  include:
  117         1. Department of Elder Affairs.
  118         2.Agency for Health Care Administration.
  119         3.Agency for Persons with Disabilities.
  120         4.Department of Children and Families.
  121         5.Department of Health.
  122         6.Department of Veterans’ Affairs.
  123         (b)Deputy Information Officer of Criminal and Civil
  124  Justice, to include:
  125         1.Department of Juvenile Justice.
  126         2.Parole Commission.
  127         3.Department of Corrections.
  128         4.Board of Clemency.
  129         5.Department of Law Enforcement.
  130         6.Department of Highway Safety and Motor Vehicles.
  131         (c)Deputy Information Officer of Education, to include
  132  the:
  133         1.Department of Education.
  134         2.State Board of Education.
  135         3.Board of Governors.
  136         (d)Deputy Information Officer of Business Operations, to
  137  include:
  138         1.Department of Revenue.
  139         2.Department of Business and Professional Regulation.
  140         3.Department of the Lottery.
  141         4.Department of Economic Opportunity.
  142         (e)Deputy Information Officer of Community Services, to
  143  include:
  144         1.Department of Military Affairs.
  145         2.Department of Transportation.
  146         3.Department of State.
  147         4.Department of Emergency Management.
  148         (f)Deputy Information Officer of Natural Resources, to
  149  include:
  150         1.Department of Environmental Protection.
  151         2.Department of Fish and Wildlife.
  152         3.Department of Citrus.
  153         (g) Deputy Information Officer of Executive and
  154  Administrative Support Service, to include:
  155         1. The Department of Financial Services.
  156         2. The Department of Management Services.
  157         3. The Department of Legal Affairs.
  158         4. The Department of Agriculture and Consumer Services.
  159         (6) In order to optimize the efficiency and utility of
  160  information technology systems within core agency groups, the
  161  secretary may require the participation of programs within a
  162  state agency to work with a deputy chief information officer
  163  outside of the agency’s assigned core group.
  164         (7) The secretary may obtain administrative services
  165  through the Department of Management Services pursuant to a
  166  memorandum of understanding.
  167         Section 2. Section 282.0041, Florida Statutes, is reordered
  168  and amended to read:
  169         282.0041 Definitions.—As used in this chapter, the term:
  170         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  171  except that for purposes of this chapter, “agency” does not
  172  include university boards of trustees or state universities.
  173         (2)“Agency for Enterprise Information Technology” means
  174  the agency created in s. 14.204.
  175         (1)(3) “Agency information technology service” means a
  176  service that directly helps a state an agency fulfill its
  177  statutory or constitutional responsibilities and policy
  178  objectives and is usually associated with the state agency’s
  179  primary or core business functions.
  180         (4) “Annual budget meeting” means a meeting of the board of
  181  trustees of a primary data center to review data center usage to
  182  determine the apportionment of board members for the following
  183  fiscal year, review rates for each service provided, and
  184  determine any other required changes.
  185         (2)(5) “Breach” has the same meaning as in s. 817.5681(4).
  186         (3)(6) “Business continuity plan” means a plan for disaster
  187  recovery which provides for the continued functioning of a
  188  shared resource center or primary data center during and after a
  189  disaster.
  190         (4)(7) “Computing facility” means a state agency site space
  191  containing fewer than a total of 10 physical or logical servers,
  192  any of which supports a strategic or nonstrategic information
  193  technology service, as described in budget instructions
  194  developed pursuant to s. 216.023, but excluding
  195  telecommunications and voice gateways and clustered pairs of
  196  servers operating as a single logical server to provide file,
  197  print, security, and endpoint management services single,
  198  logical-server installations that exclusively perform a utility
  199  function such as file and print servers.
  200         (5) “Computing service” means an information technology
  201  service that is used in all state agencies or a subset of
  202  agencies.
  203         (8) “Customer entity” means an entity that obtains services
  204  from a primary data center.
  205         (6)(9) “Data center” means state agency space containing 10
  206  or more physical or logical servers, any of which supports a
  207  strategic or nonstrategic information technology service, as
  208  described in budget instructions developed pursuant to s.
  209  216.023.
  210         (7)(10) “Department” means the Department of State
  211  Technology Management Services.
  212         (9)(11) “Enterprise information technology service” means
  213  an information technology service that is used in all state
  214  agencies or a subset of state agencies and is established in law
  215  to be designed, delivered, and managed at the enterprise level.
  216         (8)(12) “Email E-mail, messaging, and calendaring service”
  217  means the enterprise information technology service that enables
  218  users to send, receive, file, store, manage, and retrieve
  219  electronic messages, attachments, appointments, and addresses.
  220  The e-mail, messaging, and calendaring service must include e
  221  mail account management; help desk; technical support and user
  222  provisioning services; disaster recovery and backup and restore
  223  capabilities; antispam and antivirus capabilities; archiving and
  224  e-discovery; and remote access and mobile messaging
  225  capabilities.
  226         (10)(13) “Information-system utility” means an information
  227  processing a full-service information-processing facility
  228  offering hardware, software, operations, integration,
  229  networking, floor space, and consulting services.
  230         (12)(14) “Information technology resources” means
  231  equipment, hardware, software, firmware, programs, systems,
  232  networks, infrastructure, media, and related material used to
  233  automatically, electronically, and wirelessly collect, receive,
  234  access, transmit, display, store, record, retrieve, analyze,
  235  evaluate, process, classify, manipulate, manage, assimilate,
  236  control, communicate, exchange, convert, converge, interface,
  237  switch, or disseminate information of any kind or form, and
  238  includes the human resources to perform such duties except for
  239  application developers and logical database administrators.
  240         (11)(15) “Information technology policy” means statements
  241  that describe clear choices for how information technology will
  242  deliver effective and efficient government services to residents
  243  and improve state agency operations. A policy may relate to
  244  investments, business applications, architecture, or
  245  infrastructure. A policy describes its rationale, implications
  246  of compliance or noncompliance, the timeline for implementation,
  247  metrics for determining compliance, and the accountable
  248  structure responsible for its implementation.
  249         (13) “Local area network” means any telecommunications
  250  network through which messages and data are exchanged only
  251  within a single building or contiguous campus.
  252         (14) “Memorandum of understanding” means a written
  253  agreement between the department and a state agency which
  254  specifies the scope of services provided, service level,
  255  duration of the agreement, responsible parties, and service
  256  costs. A memorandum of understanding is not a rule pursuant to
  257  chapter 120.
  258         (15) “Other public sector organizations” means entities of
  259  the legislative and judicial branches, the State University
  260  System, the Florida Community College System, counties, and
  261  municipalities. Such organizations may elect to participate in
  262  the information technology programs, services, or contracts
  263  offered by the department, including information technology
  264  procurement, in accordance with general law, policies, and
  265  administrative rules.
  266         (16) “Performance metrics” means the measures of an
  267  organization’s activities and performance.
  268         (16)(17) “Primary data center” means a data center that is
  269  a recipient entity for consolidation of state agency information
  270  technology resources and provides contracted services to the
  271  agency nonprimary data centers and computing facilities and that
  272  is established by law.
  273         (17)(18) “Project” means an endeavor that has a defined
  274  start and end point; is undertaken to create or modify a unique
  275  product, service, or result; and has specific objectives that,
  276  when attained, signify completion.
  277         (18)(19) “Risk analysis” means the process of identifying
  278  security risks, determining their magnitude, and identifying
  279  areas needing safeguards.
  280         (19)(20) “Service level” means the key performance
  281  indicators (KPI) of an organization or service which must be
  282  regularly performed, monitored, and achieved.
  283         (21) “Service-level agreement” means a written contract
  284  between a data center and a customer entity which specifies the
  285  scope of services provided, service level, the duration of the
  286  agreement, the responsible parties, and service costs. A
  287  service-level agreement is not a rule pursuant to chapter 120.
  288         (20) “Shared resource center” means a primary data center
  289  that is state controlled.
  290         (21)(22) “Standards” means required practices, controls,
  291  components, or configurations established by an authority.
  292         (22) “State agency” has the same meaning as in s.
  293  216.011(1), but excluding the Department of Legal Affairs, the
  294  Department of Financial Services, and the Department of
  295  Agriculture and Consumer Services.
  296         (23) “State agency site” means a single, contiguous local
  297  area network segment that does not traverse a metropolitan area
  298  network or wide area network.
  299         (24)(23) “SUNCOM Network” means the state enterprise
  300  telecommunications system that provides all methods of
  301  electronic or optical telecommunications beyond a single
  302  building or contiguous building complex and used by entities
  303  authorized as network users under this part.
  304         (25)(24) “Telecommunications” means the science and
  305  technology of communication at a distance, including electronic
  306  systems used in the transmission or reception of information.
  307         (26)(25) “Threat” means any circumstance or event that may
  308  cause harm to the integrity, availability, or confidentiality of
  309  information technology resources.
  310         (27)(26) “Total cost” means all costs associated with
  311  information technology projects or initiatives, including, but
  312  not limited to, value of hardware, software, service,
  313  maintenance, incremental personnel, and facilities. Total cost
  314  of a loan or gift of information technology resources to a state
  315  an agency includes the fair market value of the resources.
  316         (28)(27) “Usage” means the billing amount charged by the
  317  shared resource primary data center, minus less any pass-through
  318  charges, to the customer entity.
  319         (29)(28) “Usage rate” means a customer entity’s usage or
  320  billing amount as a percentage of total usage.
  321         (30) “Wide area network” means a telecommunications network
  322  or components thereof through which messages and data are
  323  exchanged outside of a local area network.
  324         Section 3. Section 282.0055, Florida Statutes, is amended
  325  to read:
  326         282.0055 Assignment of information technology; long-range
  327  plan; powers and duties.—The department shall design, plan,
  328  develop, implement, and manage state enterprise information
  329  technology services and infrastructure to achieve the use of
  330  cost-effective and cost-efficient common technology. In order to
  331  ensure the most effective and efficient use of the state’s
  332  information technology and information technology resources and
  333  notwithstanding other provisions of law to the contrary,
  334  policies for the design, planning, project management, and
  335  implementation of enterprise information technology services
  336  shall be the responsibility of the Agency for Enterprise
  337  Information Technology for executive branch agencies created or
  338  authorized in statute to perform legislatively delegated
  339  functions. The supervision, design, delivery, and management of
  340  state agency information technology shall remain within the
  341  responsibility and control of the individual state agency.
  342         (1) To assist with achieving this purpose, the department
  343  shall biennially develop and coordinate a comprehensive long
  344  range plan for the state’s information technology resources,
  345  including opportunities for coordinating with other public
  346  sector organizations; ensuring the proper management of such
  347  resources; developing agency budget requests for submission to
  348  the Legislature; and delivering enterprise information
  349  technology services. In developing the plan, the department
  350  shall identify best practices from executive branch agencies and
  351  other public and private sector entities in order to develop,
  352  replicate, and implement such information technology best
  353  practices and standards into the state’s technology services and
  354  infrastructure.
  355         (2) The department shall have the following powers and
  356  duties:
  357         (a) Setting state technology policy.
  358         (b) The development, design, planning, project management,
  359  implementation, delivery, and management of enterprise
  360  information technology services.
  361         (c) Establishing architecture for the state’s technology
  362  infrastructure in order to promote the efficient use of
  363  resources and to promote economic development.
  364         (d) Preparing fiscal impact statements relating to
  365  necessary modifications and the delivery of technology to
  366  support policies required by proposed legislation.
  367         (e) Coordinating technology resource acquisition planning,
  368  and assisting the Department of Management Services′ Division of
  369  Purchasing in using aggregate buying methodologies whenever
  370  possible and with procurement negotiations for hardware and
  371  software products and services in order to improve the
  372  efficiency and reduce the cost of enterprise information
  373  technology services.
  374         (f) Upon request, advising, supporting, and collaborating
  375  with the Division of Purchasing in the Department of Management
  376  Services, in establishing best practices for the procurement of
  377  information technology products in order to achieve savings for
  378  the state.
  379         (g) Upon request, supporting and collaborating with the
  380  Division of Purchasing in the Department of Management Services,
  381  in conducting procurement negotiations for information
  382  technology products that will be used by multiple state
  383  agencies.
  384         (h) Providing oversight or program management for all
  385  technology resources for projects exceeding an annual investment
  386  of $2.5 million to accomplish goals of technology portfolio
  387  management.
  388         (i) Establishing performance measurement standards and
  389  metrics regarding the success of technology projects and
  390  services across the enterprise.
  391         (j) Establishing standards for state agencies to submit
  392  information technology reports or updates as necessary to
  393  support the duties of the agency. At a minimum, such standards
  394  must address content, format, and frequency of updates.
  395         (k) Establishing and collecting fees and charges for data
  396  and delivery of enterprise information technology services to
  397  state agencies on a cost-sharing basis.
  398         (l) Developing a cost-recovery plan to recover both the
  399  costs and the accrual of funds sufficient for reinvesting in new
  400  services and better technologies. This plan shall be developed
  401  in consultation with state agencies and approved by the
  402  Legislature.
  403         (m) At the discretion of the department, collecting and
  404  maintaining an inventory of the information technology resources
  405  in state agencies and the data maintained by each agency. The
  406  department may develop standards for data elements.
  407         (n) Assuming ownership or custody and control of
  408  information processing equipment, supplies, and positions in
  409  order to thoroughly carry out the duties and responsibilities of
  410  the department.
  411         (o) Adopting rules and policies for the efficient, secure,
  412  and economical management and operation of enterprise
  413  information technology services.
  414         (p) Providing other public sector organizations with access
  415  to the services provided by the agency taking into consideration
  416  the agency’s ability to support those services. Access shall be
  417  provided on the same cost basis as applies to state agencies.
  418         (q) Establishing statewide practices and policies to ensure
  419  that data that is exempt or confidential from s. 119.07(1) and
  420  s. 24(a), Art. I of the State Constitution, or that is otherwise
  421  confidential under state or federal law remains protected. This
  422  provision does not affect a transfer of ownership of data from
  423  any department, agency, board, bureau, commission, or authority
  424  to the state agency.
  425         (r) Conducting periodic assessments of state agencies for
  426  compliance with statewide information technology policies and
  427  recommending to the Governor or the Financial and Accounting
  428  Technology Services Board statewide policies for information
  429  technology.
  430         (s) Establishing and maintaining a single website
  431  publishing information as provided in s. 215.985.
  432         (t) Maintaining the official Internet state portal.
  433         Section 4. Subsection (1) of section 282.0056, Florida
  434  Statutes, is amended to read:
  435         282.0056 Development of work plan; development of
  436  implementation plans; and policy recommendations.—
  437         (1) For the purposes of carrying out its responsibilities
  438  under s. 282.0055, the department Agency for Enterprise
  439  Information Technology shall develop an annual work plan within
  440  60 days after the beginning of the fiscal year describing the
  441  activities that the department agency intends to undertake for
  442  that year, including proposed outcomes and completion timeframes
  443  for the planning and implementation of all enterprise
  444  information technology services. The work plan must be presented
  445  at a public hearing and approved by the Governor and Cabinet,
  446  and thereafter submitted to the President of the Senate and the
  447  Speaker of the House of Representatives. The work plan may be
  448  amended as needed, subject to approval by the Governor and
  449  Cabinet.
  450         Section 5. Section 282.0057 Florida Statutes, is created to
  451  read:
  452         282.0057Information technology project initiation
  453  schedule; reporting.—
  454         (1) Beginning January 1, 2015, the department shall:
  455         (a) In cooperation with the Governor’s Office of Policy and
  456  Budget, publish a report on its current and planned information
  457  technology expenditures, including, but not limited to, line
  458  item detail expenditures on systems development, personnel
  459  services, and equipment from the previous fiscal year and
  460  anticipated expenditures for the upcoming fiscal year; a
  461  prioritization of information technology initiatives to address
  462  unmet needs and opportunities for significant efficiencies or
  463  improved effectiveness within the state information technology
  464  enterprise; and a prioritized funding schedule for all major
  465  projects or initiatives, as well as cost estimates of the fiscal
  466  impact of the recommended initiatives.
  467         (b) Coordinate state agencies in developing and
  468  implementing data sharing. The department shall determine and
  469  implement statewide efforts to standardize data elements and
  470  shall determine data ownership assignments among state agencies.
  471         (c) Upon approval of the Governor, include in its
  472  legislative budget requests a recommendation for consolidating
  473  state agency data to provide better access for private and
  474  government use.
  475         (d) Oversee the expanded use and implementation of project
  476  and contract management principles as they relate to information
  477  technology projects. Funded projects within state agencies must
  478  use the project and contract management methodologies specified
  479  by the department.
  480         (2) Beginning January 1, 2016, the department shall:
  481         (a) Develop systems and methodologies to review, evaluate
  482  and prioritize existing information technology projects and a
  483  plan for leveraging technology across state agencies. The
  484  department shall report to the Governor, the President of the
  485  Senate, and the Speaker of the House of Representatives on the
  486  status of information technology projects and the agency’s
  487  recommendations for project development on a semi-annual basis.
  488  Upon approval of the Governor, such recommendations shall be
  489  incorporated into the state agency’s legislative budget requests
  490  for technology projects.
  491         (b) Develop standards for application development,
  492  including, but not limited to, a standard methodology and cost
  493  benefit analysis that state agencies shall use for application
  494  development activities.
  495         (3) Beginning January 1, 2018, the department shall review
  496  and approve technology purchases made by state agencies.
  497  Approval must be based on technology policies and standards
  498  established by the department and approved by the Legislature.
  499         Section 6. Paragraphs (c), (e), (h), and (i) of subsection
  500  (1), paragraph (e) of subsection (2), and paragraphs (b), (e),
  501  (h), and (k) of subsection (3) of section 282.203, Florida
  502  Statutes, are amended and a new subsection (4) is added to that
  503  section, to read:
  504         282.203 Primary data centers.—
  505         (1) DATA CENTER DUTIES.—Each primary data center shall:
  506         (c) Comply with rules adopted by the department Agency for
  507  Enterprise Information Technology, pursuant to this section, and
  508  coordinate with the agency in the consolidation of data centers.
  509         (e) Provide transparent financial statements to customer
  510  entities and the department Agency for Enterprise Information
  511  Technology. The financial statements shall be provided as
  512  follows:
  513         1. Annually, by July 30 for the current fiscal year and by
  514  December 1 for the subsequent fiscal year, the data center must
  515  provide the total annual budgeted costs by major expenditure
  516  category, including, but not limited to, salaries, expense,
  517  operating capital outlay, contracted services, or other
  518  personnel services, which directly relate to the provision of
  519  each service and which separately indicate the administrative
  520  overhead allocated to each service.
  521         2. Annually, by July 30 for the current fiscal year and by
  522  December 1 for the subsequent fiscal year, the data center must
  523  provide total projected billings for each customer entity which
  524  are required to recover the costs of the data center.
  525         3. Annually, by January 31, the data center must provide
  526  updates of the financial statements required under subparagraphs
  527  1. and 2. for the current fiscal year.
  528  
  529  The financial information required under subparagraphs 1., 2.,
  530  and 3. must be based on current law and current appropriations.
  531         (h) Develop a business continuity plan and conduct a live
  532  exercise of the plan at least annually. The plan must be
  533  approved by the board and the department Agency for Enterprise
  534  Information Technology.
  535         (i) Enter into a service-level agreement with each customer
  536  entity to provide services as defined and approved by the board.
  537  A service-level agreement may not have a term exceeding 3 years
  538  but may include an option to renew for up to 3 years contingent
  539  on approval by the board.
  540         1. A service-level agreement, at a minimum, must:
  541         a. Identify the parties and their roles, duties, and
  542  responsibilities under the agreement.
  543         b. Identify the legal authority under which the service
  544  level agreement was negotiated and entered into by the parties.
  545         c. State the duration of the contractual term and specify
  546  the conditions for contract renewal.
  547         d. Prohibit the transfer of computing services between
  548  primary data center facilities without at least 180 days’ notice
  549  of service cancellation.
  550         e. Identify the scope of work.
  551         f. Identify the products or services to be delivered with
  552  sufficient specificity to permit an external financial or
  553  performance audit.
  554         g. Establish the services to be provided, the business
  555  standards that must be met for each service, the cost of each
  556  service, and the process by which the business standards for
  557  each service are to be objectively measured and reported.
  558         h. Identify applicable funds and funding streams for the
  559  services or products under contract.
  560         i. Provide a timely billing methodology for recovering the
  561  cost of services provided to the customer entity.
  562         j. Provide a procedure for modifying the service-level
  563  agreement to address changes in projected costs of service.
  564         k. Provide that a service-level agreement may be terminated
  565  by either party for cause only after giving the other party and
  566  the department Agency for Enterprise Information Technology
  567  notice in writing of the cause for termination and an
  568  opportunity for the other party to resolve the identified cause
  569  within a reasonable period.
  570         l. Provide for mediation of disputes by the Division of
  571  Administrative Hearings pursuant to s. 120.573.
  572         2. A service-level agreement may include:
  573         a. A dispute resolution mechanism, including alternatives
  574  to administrative or judicial proceedings;
  575         b. The setting of a surety or performance bond for service
  576  level agreements entered into with agency primary data centers
  577  established by law; or
  578         c. Additional terms and conditions as determined advisable
  579  by the parties if such additional terms and conditions do not
  580  conflict with the requirements of this section or rules adopted
  581  by the department Agency for Enterprise Information Technology.
  582         3. The failure to execute a service-level agreement within
  583  60 days after service commencement shall, in the case of an
  584  existing customer entity, result in a continuation of the terms
  585  of the service-level agreement from the prior fiscal year,
  586  including any amendments that were formally proposed to the
  587  customer entity by the primary data center within the 3 months
  588  before service commencement, and a revised cost-of-service
  589  estimate. If a new customer entity fails to execute an agreement
  590  within 60 days after service commencement, the data center may
  591  cease services.
  592         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  593  headed by a board of trustees as defined in s. 20.03.
  594         (e) The executive director of the department Agency for
  595  Enterprise Information Technology shall be the advisor to the
  596  board.
  597         (3) BOARD DUTIES.—Each board of trustees of a primary data
  598  center shall:
  599         (b) Establish procedures for the primary data center to
  600  ensure that budgeting and accounting procedures, cost-recovery
  601  methodologies, and operating procedures are in compliance with
  602  laws governing the state data center system, rules adopted by
  603  the department Agency for Enterprise Information Technology, and
  604  applicable federal regulations, including 2 C.F.R. part 225 and
  605  45 C.F.R.
  606         (e) Ensure the sufficiency and transparency of the primary
  607  data center financial information by:
  608         1. Establishing policies that ensure that cost-recovery
  609  methodologies, billings, receivables, expenditure, budgeting,
  610  and accounting data are captured and reported timely,
  611  consistently, accurately, and transparently and, upon adoption
  612  of rules by the department Agency for Enterprise Information
  613  Technology, are in compliance with such rules.
  614         2. Requiring execution of service-level agreements by the
  615  data center and each customer entity for services provided by
  616  the data center to the customer entity.
  617         3. Requiring cost recovery for the full cost of services,
  618  including direct and indirect costs. The cost-recovery
  619  methodology must ensure that no service is subsidizing another
  620  service without an affirmative vote of approval by the customer
  621  entity providing the subsidy.
  622         4. Establishing special assessments to fund expansions
  623  based on a methodology that apportions the assessment according
  624  to the proportional benefit to each customer entity.
  625         5. Providing rebates to customer entities when revenues
  626  exceed costs and offsetting charges to those who have subsidized
  627  other customer entity costs based on actual prior year final
  628  expenditures. Rebates may be credited against future billings.
  629         6. Approving all expenditures committing over $50,000 in a
  630  fiscal year.
  631         7. Projecting costs and revenues at the beginning of the
  632  third quarter of each fiscal year through the end of the fiscal
  633  year. If in any given fiscal year the primary data center is
  634  projected to earn revenues that are below costs for that fiscal
  635  year after first reducing operating costs where possible, the
  636  board shall implement any combination of the following remedies
  637  to cover the shortfall:
  638         a. The board may direct the primary data center to adjust
  639  current year chargeback rates through the end of the fiscal year
  640  to cover the shortfall. The rate adjustments shall be
  641  implemented using actual usage rate and billing data from the
  642  first three quarters of the fiscal year and the same principles
  643  used to set rates for the fiscal year.
  644         b. The board may direct the primary data center to levy
  645  one-time charges on all customer entities to cover the
  646  shortfall. The one-time charges shall be implemented using
  647  actual usage rate and billing data from the first three quarters
  648  of the fiscal year and the same principles used to set rates for
  649  the fiscal year.
  650         c. The customer entities represented by each board member
  651  may provide payments to cover the shortfall in proportion to the
  652  amounts each entity paid in the prior fiscal year.
  653         8. Providing a plan for consideration by the Legislative
  654  Budget Commission if a billing rate schedule is used after the
  655  start of the fiscal year which increases any agency’s costs for
  656  that fiscal year.
  657         (h) By July 1 of each year, submit to the department Agency
  658  for Enterprise Information Technology proposed cost-recovery
  659  mechanisms and rate structures for all customer entities for the
  660  fiscal year including the cost-allocation methodology for
  661  administrative expenditures and the calculation of
  662  administrative expenditures as a percent of total costs.
  663         (k) Coordinate with other primary data centers and the
  664  department Agency for Enterprise Information Technology in order
  665  to consolidate purchases of goods and services and lower the
  666  cost of providing services to customer entities.
  667         (4) REPEAL.—This section expires January 1, 2014.
  668         Section 7. Section 282.204, Florida Statutes, is repealed.
  669         Section 8. Section 282.205, Florida Statutes, is repealed.
  670         Section 9. Section 282.206, Florida Statutes, is created to
  671  read:
  672         282.206Fletcher Shared Resource Center.—The Fletcher
  673  Shared Resource Center is established within the Department of
  674  Financial Services.
  675         (1) The center shall collaborate with the Department of
  676  State Technology to develop policies, procedures, standards, and
  677  rules for the delivery of enterprise information technology
  678  services.
  679         (2) The center shall provide co-location services to the
  680  Department of Legal Affairs and the Department of Agriculture
  681  and Consumer Services if data center equipment is moved pursuant
  682  to subsections (5) or (6).
  683         (3) The Department of Financial Services shall use the
  684  Fletcher Shared Resource Center, provide full service to the
  685  Office of Financial Regulation and the Office of Insurance
  686  Regulation, and provide co-location services to host the
  687  Legislative Appropriations System/Planning and Budgeting
  688  Subsystem (LAS/PBS).
  689         (4) The center shall be governed through a master
  690  memorandum of understanding administered by a steering committee
  691  comprised of the chief information officers of the customer
  692  entities residing in the center. The steering committee shall
  693  meet quarterly in order to ensure that customers are receiving
  694  expected services in accordance with the memorandum of
  695  understanding and to discuss services and structure. The
  696  committee may create ad hoc workgroups to account for, mitigate,
  697  and manage any unforeseen issues.
  698         (5) The Department of Legal Affairs may move its data
  699  center equipment to the center.
  700         (6) The Department of Agriculture and Consumer Services may
  701  move its Mayo Building data center equipment to the center.
  702         Section 10. Subsections (3) through (6) of section 282.318,
  703  Florida Statutes, are amended to read:
  704         282.318 Enterprise security of data and information
  705  technology.—
  706         (3) The department Agency for Enterprise Information
  707  Technology is responsible for establishing rules and publishing
  708  guidelines for ensuring an appropriate level of security for all
  709  data and information technology resources for executive branch
  710  agencies. The department agency shall also perform the following
  711  duties and responsibilities:
  712         (a) Develop, and annually update by February 1, an
  713  enterprise information security strategic plan that includes
  714  security goals and objectives for the strategic issues of
  715  information security policy, risk management, training, incident
  716  management, and survivability planning.
  717         (b) Develop enterprise security rules and published
  718  guidelines for:
  719         1. Comprehensive risk analyses and information security
  720  audits conducted by state agencies.
  721         2. Responding to suspected or confirmed information
  722  security incidents, including suspected or confirmed breaches of
  723  personal information or exempt data.
  724         3. State agency security plans, including strategic
  725  security plans and security program plans.
  726         4. The recovery of information technology and data
  727  following a disaster.
  728         5. The managerial, operational, and technical safeguards
  729  for protecting state government data and information technology
  730  resources.
  731         (c) Assist state agencies in complying with the provisions
  732  of this section.
  733         (d) Pursue appropriate funding for the purpose of enhancing
  734  domestic security.
  735         (e) Provide training for state agency information security
  736  managers.
  737         (f) Annually review the strategic and operational
  738  information security plans of state executive branch agencies.
  739         (4) To assist the department Agency for Enterprise
  740  Information Technology in carrying out its responsibilities,
  741  each state agency head shall, at a minimum:
  742         (a) Designate an information security manager to administer
  743  the security program of the agency for its data and information
  744  technology resources. This designation must be provided annually
  745  in writing to the department Agency for Enterprise Information
  746  Technology by January 1.
  747         (b) Submit to the department Agency for Enterprise
  748  Information Technology annually by July 31, the agency’s
  749  strategic and operational information security plans developed
  750  pursuant to the department’s rules and guidelines established by
  751  the Agency for Enterprise Information Technology.
  752         1. The agency strategic information security plan must
  753  cover a 3-year period and define security goals, intermediate
  754  objectives, and projected agency costs for the strategic issues
  755  of agency information security policy, risk management, security
  756  training, security incident response, and survivability. The
  757  plan must be based on the enterprise strategic information
  758  security plan created by the department Agency for Enterprise
  759  Information Technology. Additional issues may be included.
  760         2. The state agency operational information security plan
  761  must include a progress report for the prior operational
  762  information security plan and a project plan that includes
  763  activities, timelines, and deliverables for security objectives
  764  that, subject to current resources, the state agency will
  765  implement during the current fiscal year. The cost of
  766  implementing the portions of the plan which cannot be funded
  767  from current resources must be identified in the plan.
  768         (c) Conduct, and update every 3 years, a comprehensive risk
  769  analysis to determine the security threats to the data,
  770  information, and information technology resources of the state
  771  agency. The risk analysis information is confidential and exempt
  772  from the provisions of s. 119.07(1), except that such
  773  information shall be available to the Auditor General and the
  774  department Agency for Enterprise Information Technology for
  775  performing postauditing duties.
  776         (d) Develop, and periodically update, written internal
  777  policies and procedures that, which include procedures for
  778  notifying the department Agency for Enterprise Information
  779  Technology when a suspected or confirmed breach, or an
  780  information security incident, occurs. Such policies and
  781  procedures must be consistent with the rules and guidelines
  782  established by the department Agency for Enterprise Information
  783  Technology to ensure the security of the data, information, and
  784  information technology resources of the state agency. The
  785  internal policies and procedures that, if disclosed, could
  786  facilitate the unauthorized modification, disclosure, or
  787  destruction of data or information technology resources are
  788  confidential information and exempt from s. 119.07(1), except
  789  that such information shall be available to the Auditor General
  790  and the department Agency for Enterprise Information Technology
  791  for performing post auditing postauditing duties.
  792         (e) Implement appropriate cost-effective safeguards to
  793  address identified risks to the data, information, and
  794  information technology resources of the state agency.
  795         (f) Ensure that periodic internal audits and evaluations of
  796  the agency’s security program for the data, information, and
  797  information technology resources of the state agency are
  798  conducted. The results of such audits and evaluations are
  799  confidential information and exempt from s. 119.07(1), except
  800  that such information shall be available to the Auditor General
  801  and the department Agency for Enterprise Information Technology
  802  for performing post auditing postauditing duties.
  803         (g) Include appropriate security requirements in the
  804  written specifications for the solicitation of information
  805  technology and information technology resources and services,
  806  which are consistent with the rules and guidelines established
  807  by the department Agency for Enterprise Information Technology.
  808         (h) Provide security awareness training to employees and
  809  users of the state agency’s communication and information
  810  resources concerning information security risks and the
  811  responsibility of employees and users to comply with policies,
  812  standards, guidelines, and operating procedures adopted by the
  813  agency to reduce those risks.
  814         (i) Develop a process for detecting, reporting, and
  815  responding to suspected or confirmed security incidents,
  816  including suspected or confirmed breaches consistent with the
  817  security rules and guidelines established by the department
  818  Agency for Enterprise Information Technology.
  819         1. Suspected or confirmed information security incidents
  820  and breaches must be immediately reported to the department
  821  Agency for Enterprise Information Technology.
  822         2. For incidents involving breaches, agencies shall provide
  823  notice in accordance with s. 817.5681 and to the department
  824  Agency for Enterprise Information Technology in accordance with
  825  this subsection.
  826         (5) Each state agency shall include appropriate security
  827  requirements in the specifications for the solicitation of
  828  contracts for procuring information technology or information
  829  technology resources or services which are consistent with the
  830  rules and guidelines established by the department Agency for
  831  Enterprise Information Technology.
  832         (6) The department Agency for Enterprise Information
  833  Technology may adopt rules relating to information security and
  834  to administer the provisions of this section.
  835         Section 11. Section 282.33, Florida Statutes, is repealed.
  836         Section 12. Effective upon this act becoming law, section
  837  282.34, Florida Statutes, is repealed.
  838         Section 13. Section 282.604, Florida Statutes, is amended
  839  to read:
  840         282.604 Adoption of rules.—The department of Management
  841  Services shall, with input from stakeholders, adopt rules
  842  pursuant to ss. 120.536(1) and 120.54 for the development,
  843  procurement, maintenance, and use of accessible electronic
  844  information technology by governmental units.
  845         Section 14. Section 282.702, Florida Statutes, is amended
  846  to read:
  847         282.702 Powers and duties.—The department of Management
  848  Services shall have the following powers, duties, and functions:
  849         (1) To publish electronically the portfolio of services
  850  available from the department, including pricing information;
  851  the policies and procedures governing usage of available
  852  services; and a forecast of the department’s priorities for each
  853  telecommunications service.
  854         (2) To adopt technical standards by rule for the state
  855  telecommunications network which ensure the interconnection and
  856  operational security of computer networks, telecommunications,
  857  and information systems of agencies.
  858         (3) To enter into agreements related to information
  859  technology and telecommunications services with state agencies
  860  and political subdivisions of the state.
  861         (4) To purchase from or contract with information
  862  technology providers for information technology, including
  863  private line services.
  864         (5) To apply for, receive, and hold authorizations,
  865  patents, copyrights, trademarks, service marks, licenses, and
  866  allocations or channels and frequencies to carry out the
  867  purposes of this part.
  868         (6) To purchase, lease, or otherwise acquire and to hold,
  869  sell, transfer, license, or otherwise dispose of real, personal,
  870  and intellectual property, including, but not limited to,
  871  patents, trademarks, copyrights, and service marks.
  872         (7) To cooperate with any federal, state, or local
  873  emergency management agency in providing for emergency
  874  telecommunications services.
  875         (8) To control and approve the purchase, lease, or
  876  acquisition and the use of telecommunications services,
  877  software, circuits, and equipment provided as part of any other
  878  total telecommunications system to be used by the state or its
  879  agencies.
  880         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  881  relating to telecommunications and to administer the provisions
  882  of this part.
  883         (10) To apply for and accept federal funds for the purposes
  884  of this part as well as gifts and donations from individuals,
  885  foundations, and private organizations.
  886         (11) To monitor issues relating to telecommunications
  887  facilities and services before the Florida Public Service
  888  Commission and the Federal Communications Commission and, if
  889  necessary, prepare position papers, prepare testimony, appear as
  890  a witness, and retain witnesses on behalf of state agencies in
  891  proceedings before the commissions.
  892         (12) Unless delegated to the state agencies by the
  893  department, to manage and control, but not intercept or
  894  interpret, telecommunications within the SUNCOM Network by:
  895         (a) Establishing technical standards to physically
  896  interface with the SUNCOM Network.
  897         (b) Specifying how telecommunications are transmitted
  898  within the SUNCOM Network.
  899         (c) Controlling the routing of telecommunications within
  900  the SUNCOM Network.
  901         (d) Establishing standards, policies, and procedures for
  902  access to and the security of the SUNCOM Network.
  903         (e) Ensuring orderly and reliable telecommunications
  904  services in accordance with the service level agreements
  905  executed with state agencies.
  906         (13) To plan, design, and conduct experiments for
  907  telecommunications services, equipment, and technologies, and to
  908  implement enhancements in the state telecommunications network
  909  if in the public interest and cost-effective. Funding for such
  910  experiments must be derived from SUNCOM Network service revenues
  911  and may not exceed 2 percent of the annual budget for the SUNCOM
  912  Network for any fiscal year or as provided in the General
  913  Appropriations Act. New services offered as a result of this
  914  subsection may not affect existing rates for facilities or
  915  services.
  916         (14) To enter into contracts or agreements, with or without
  917  competitive bidding or procurement, to make available, on a
  918  fair, reasonable, and nondiscriminatory basis, property and
  919  other structures under departmental control for the placement of
  920  new facilities by any wireless provider of mobile service as
  921  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  922  telecommunications company as defined in s. 364.02 if it is
  923  practical and feasible to make such property or other structures
  924  available. The department may, without adopting a rule, charge a
  925  just, reasonable, and nondiscriminatory fee for the placement of
  926  the facilities, payable annually, based on the fair market value
  927  of space used by comparable telecommunications facilities in the
  928  state. The department and a wireless provider or
  929  telecommunications company may negotiate the reduction or
  930  elimination of a fee in consideration of services provided to
  931  the department by the wireless provider or telecommunications
  932  company. All such fees collected by the department shall be
  933  deposited directly into the Law Enforcement Radio Operating
  934  Trust Fund, and may be used by the department to construct,
  935  maintain, or support the system.
  936         (15) To establish policies that ensure that the
  937  department’s cost-recovery methodologies, billings, receivables,
  938  expenditures, budgeting, and accounting data are captured and
  939  reported timely, consistently, accurately, and transparently and
  940  are in compliance with all applicable federal and state laws and
  941  rules. The department shall annually submit a report to the
  942  Governor, the President of the Senate, and the Speaker of the
  943  House of Representatives a report that describes each service
  944  and its cost, the billing methodology for recovering the cost of
  945  the service, and, if applicable, the identity of those services
  946  that are subsidized.
  947         Section 15. Subsections (4) and (5) of section 282.703,
  948  Florida Statutes, are amended to read:
  949         282.703 SUNCOM Network; exemptions from the required use.—
  950         (4) The department shall maintain a directory of
  951  information and services which provides the names, phone
  952  numbers, and email e-mail addresses for employees, state
  953  agencies, and network devices that are served, in whole or in
  954  part, by the SUNCOM Network. State agencies and political
  955  subdivisions of the state shall cooperate with the department by
  956  providing timely and accurate directory information in the
  957  manner established by the department.
  958         (5) All state agencies shall use the SUNCOM Network for
  959  state agency telecommunications services as the services become
  960  available; however, a state an agency is not relieved of
  961  responsibility for maintaining telecommunications services
  962  necessary for effective management of its programs and
  963  functions. The department may provide such communications
  964  services to a state university if requested by the university.
  965         (a) If a SUNCOM Network service does not meet the
  966  telecommunications requirements of a state an agency, the state
  967  agency must notify the department in writing and detail the
  968  requirements for that service. If the department is unable to
  969  meet a state an agency’s requirements by enhancing SUNCOM
  970  Network service, the department may grant the state agency an
  971  exemption from the required use of specified SUNCOM Network
  972  services.
  973         (b) Unless an exemption has been granted by the department,
  974  effective October 1, 2010, all customers of a shared resource
  975  state primary data center, excluding state universities, must
  976  use the shared SUNCOM Network telecommunications services
  977  connecting the shared resource state primary data center to
  978  SUNCOM services for all telecommunications needs in accordance
  979  with department rules.
  980         1. Upon discovery of customer noncompliance with this
  981  paragraph, the department shall provide the affected customer
  982  with a schedule for transferring to the shared
  983  telecommunications services provided by the SUNCOM Network and
  984  an estimate of all associated costs. The shared resource state
  985  primary data centers and their customers shall cooperate with
  986  the department to accomplish the transfer.
  987         2. Customers may request an exemption from this paragraph
  988  in the same manner as authorized in paragraph (a).
  989         Section 16. Subsection (2) of section 20.22, Florida
  990  Statutes, is amended to read:
  991         20.22 Department of Management Services.—There is created a
  992  Department of Management Services.
  993         (2) The following divisions and programs are established
  994  within the department of Management Services are established:
  995         (a) Facilities Program.
  996         (b) Technology Program.
  997         (b)(c) Workforce Program.
  998         (c)(d)1. Support Program.
  999         (d)2. Federal Property Assistance Program.
 1000         (e) Administration Program.
 1001         (f) Division of Administrative Hearings.
 1002         (g) Division of Retirement.
 1003         (h) Division of State Group Insurance.
 1004         Section 17. Paragraph (e) of subsection (2) of section
 1005  110.205, Florida Statutes, is amended to read:
 1006         110.205 Career service; exemptions.—
 1007         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1008  covered by this part include the following:
 1009         (e) The Chief Information Officer in the Department of
 1010  State Agency for Enterprise Information Technology. Unless
 1011  otherwise fixed by law, the Governor Agency for Enterprise
 1012  Information Technology shall set the salary and benefits of this
 1013  position in accordance with the rules of the Senior Management
 1014  Service.
 1015         Section 18. Paragraph (o) of subsection (1) of section
 1016  215.22, Florida Statutes, is amended to read:
 1017         215.22 Certain income and certain trust funds exempt.—
 1018         (1) The following income of a revenue nature or the
 1019  following trust funds shall be exempt from the appropriation
 1020  required by s. 215.20(1):
 1021         (o) The Communications Working Capital Trust Fund of the
 1022  Department of State Technology Management Services.
 1023         Section 19. Subsections (2) and (9) of section 215.322,
 1024  Florida Statutes, are amended to read:
 1025         215.322 Acceptance of credit cards, charge cards, debit
 1026  cards, or electronic funds transfers by state agencies, units of
 1027  local government, and the judicial branch.—
 1028         (2) A state agency as defined in s. 216.011, or the
 1029  judicial branch, may accept credit cards, charge cards, debit
 1030  cards, or electronic funds transfers in payment for goods and
 1031  services with the prior approval of the Chief Financial Officer.
 1032  If the Internet or other related electronic methods are to be
 1033  used as the collection medium, the Department of State Agency
 1034  for Enterprise Information Technology shall review and recommend
 1035  to the Chief Financial Officer whether to approve the request
 1036  with regard to the process or procedure to be used.
 1037         (9) For payment programs in which credit cards, charge
 1038  cards, or debit cards are accepted by state agencies, the
 1039  judicial branch, or units of local government, the Chief
 1040  Financial Officer, in consultation with the Department of State
 1041  Agency for Enterprise Information Technology, may adopt rules to
 1042  establish uniform security safeguards for cardholder data and to
 1043  ensure compliance with the Payment Card Industry Data Security
 1044  Standards.
 1045         Section 20. Paragraph (c) of subsection (6) of section
 1046  216.292, Florida Statutes, is amended to read:
 1047         216.292 Appropriations nontransferable; exceptions.—
 1048         (6) The Chief Financial Officer shall transfer from any
 1049  available funds of an agency or the judicial branch the
 1050  following amounts and shall report all such transfers and the
 1051  reasons therefor to the legislative appropriations committees
 1052  and the Executive Office of the Governor:
 1053         (c) The amount due to the Communications Working Capital
 1054  Trust Fund from moneys appropriated in the General
 1055  Appropriations Act for the purpose of paying for services
 1056  provided by the state communications system in the Department of
 1057  State Technology Management Services which is unpaid 45 days
 1058  after the billing date. The amount transferred shall be that
 1059  billed by the department.
 1060         Section 21. Subsection (14) of section 287.012, Florida
 1061  Statutes, is amended to read:
 1062         287.012 Definitions.—As used in this part, the term:
 1063         (14) “Information technology” means equipment, hardware,
 1064  software, firmware, programs, systems, networks, infrastructure,
 1065  media, and related material used to automatically,
 1066  electronically, and wirelessly collect, receive, access,
 1067  transmit, display, store, record, retrieve, analyze, evaluate,
 1068  process, classify, manipulate, manage, assimilate, control,
 1069  communicate, exchange, convert, converge, interface, switch, or
 1070  disseminate information of any kind or form has the meaning
 1071  ascribed in s. 282.0041.
 1072         Section 22. Subsection (22) of section 287.057, Florida
 1073  Statutes, is amended to read:
 1074         287.057 Procurement of commodities or contractual
 1075  services.—
 1076         (22) The department, in consultation with the Department of
 1077  State Agency for Enterprise Information Technology and the Chief
 1078  Financial Officer Comptroller, shall maintain develop a program
 1079  for online procurement of commodities and contractual services.
 1080  To enable the state to promote open competition and to leverage
 1081  its buying power, agencies shall participate in the online
 1082  procurement program, and eligible users may participate in the
 1083  program. Only vendors prequalified as meeting mandatory
 1084  requirements and qualifications criteria may participate in
 1085  online procurement.
 1086         (a) The department, in consultation with the Department of
 1087  State Technology agency, may contract for equipment and services
 1088  necessary to develop and implement online procurement.
 1089         (b) The department, in consultation with the Department of
 1090  State Technology agency, shall adopt rules, pursuant to ss.
 1091  120.536(1) and 120.54, to administer the program for online
 1092  procurement. The rules must shall include, but are not be
 1093  limited to:
 1094         1. Determining the requirements and qualification criteria
 1095  for prequalifying vendors.
 1096         2. Establishing the procedures for conducting online
 1097  procurement.
 1098         3. Establishing the criteria for eligible commodities and
 1099  contractual services.
 1100         4. Establishing the procedures for providing access to
 1101  online procurement.
 1102         5. Determining the criteria warranting any exceptions to
 1103  participation in the online procurement program.
 1104         (c) The department may impose and shall collect all fees
 1105  for the use of the online procurement systems.
 1106         1. The fees may be imposed on an individual transaction
 1107  basis or as a fixed percentage of the cost savings generated. At
 1108  a minimum, the fees must be set in an amount sufficient to cover
 1109  the projected costs of the services, including administrative
 1110  and project service costs, in accordance with the policies of
 1111  the department.
 1112         2. If the department contracts with a provider for online
 1113  procurement, the department, pursuant to appropriation, shall
 1114  compensate the provider from the fees after the department has
 1115  satisfied all ongoing costs. The provider shall report
 1116  transaction data to the department each month so that the
 1117  department may determine the amount due and payable to the
 1118  department from each vendor.
 1119         3. All fees that are due and payable to the state on a
 1120  transactional basis or as a fixed percentage of the cost savings
 1121  generated are subject to s. 215.31 and must be remitted within
 1122  40 days after receipt of payment for which the fees are due. For
 1123  fees that are not remitted within 40 days, the vendor shall pay
 1124  interest at the rate established under s. 55.03(1) on the unpaid
 1125  balance from the expiration of the 40-day period until the fees
 1126  are remitted.
 1127         4. All fees and surcharges collected under this paragraph
 1128  shall be deposited in the Operating Trust Fund as provided by
 1129  law.
 1130         Section 23. Subsection (17) of section 318.18, Florida
 1131  Statutes, is amended to read:
 1132         318.18 Amount of penalties.—The penalties required for a
 1133  noncriminal disposition pursuant to s. 318.14 or a criminal
 1134  offense listed in s. 318.17 are as follows:
 1135         (17) In addition to any penalties imposed, a surcharge of
 1136  $3 must be paid for all criminal offenses listed in s. 318.17
 1137  and for all noncriminal moving traffic violations under chapter
 1138  316. Revenue from the surcharge shall be remitted to the
 1139  Department of Revenue and deposited quarterly into the State
 1140  Agency Law Enforcement Radio System Trust Fund of the Department
 1141  of State Technology Management Services for the state agency law
 1142  enforcement radio system, as described in s. 282.709, and to
 1143  provide technical assistance to state agencies and local law
 1144  enforcement agencies with their statewide systems of regional
 1145  law enforcement communications, as described in s. 282.7101.
 1146  This subsection expires July 1, 2021. The Department of State
 1147  Technology Management Services may retain funds sufficient to
 1148  recover the costs and expenses incurred for managing,
 1149  administering, and overseeing the Statewide Law Enforcement
 1150  Radio System, and providing technical assistance to state
 1151  agencies and local law enforcement agencies with their statewide
 1152  systems of regional law enforcement communications. The
 1153  Department of State Technology Management Services working in
 1154  conjunction with the Joint Task Force on State Agency Law
 1155  Enforcement Communications shall determine and direct the
 1156  purposes for which these funds are used to enhance and improve
 1157  the radio system.
 1158         Section 24. Section 320.0802, Florida Statutes, is amended
 1159  to read:
 1160         320.0802 Surcharge on license tax.—There is hereby levied
 1161  and imposed on each license tax imposed under s. 320.08, except
 1162  those set forth in s. 320.08(11), a surcharge in the amount of
 1163  $1, which shall be collected in the same manner as the license
 1164  tax and deposited into the State Agency Law Enforcement Radio
 1165  System Trust Fund of the Department of State Technology
 1166  Management Services.
 1167         Section 25. Subsection (9) of section 328.72, Florida
 1168  Statutes, is amended to read:
 1169         328.72 Classification; registration; fees and charges;
 1170  surcharge; disposition of fees; fines; marine turtle stickers.—
 1171         (9) SURCHARGE.—In addition, there is hereby levied and
 1172  imposed on each vessel registration fee imposed under subsection
 1173  (1) a surcharge in the amount of $1 for each 12-month period of
 1174  registration, which shall be collected in the same manner as the
 1175  fee and deposited into the State Agency Law Enforcement Radio
 1176  System Trust Fund of the Department of State Technology
 1177  Management Services.
 1178         Section 26. Subsections (2) through (5) of section
 1179  364.0135, Florida Statutes, are amended to read:
 1180         364.0135 Promotion of broadband adoption.—
 1181         (2) The Department of State Technology may Management
 1182  Services is authorized to work collaboratively with, and to
 1183  receive staffing support and other resources from, Enterprise
 1184  Florida, Inc., state agencies, local governments, private
 1185  businesses, and community organizations to:
 1186         (a) Monitor the adoption of broadband Internet service in
 1187  collaboration with communications service providers, including,
 1188  but not limited to, wireless and wireline Internet service
 1189  providers, to develop geographical information system maps at
 1190  the census tract level that will:
 1191         1. Identify geographic gaps in broadband services,
 1192  including areas unserved by any broadband provider and areas
 1193  served by a single broadband provider;
 1194         2. Identify the download and upload transmission speeds
 1195  made available to businesses and individuals in the state, at
 1196  the census tract level of detail, using data rate benchmarks for
 1197  broadband service used by the Federal Communications Commission
 1198  to reflect different speed tiers; and
 1199         3. Provide a baseline assessment of statewide broadband
 1200  deployment in terms of percentage of households with broadband
 1201  availability.
 1202         (b) Create a strategic plan that has goals and strategies
 1203  for increasing the use of broadband Internet service in the
 1204  state.
 1205         (c) Build and facilitate local technology planning teams or
 1206  partnerships with members representing cross-sections of the
 1207  community, which may include, but are not limited to,
 1208  representatives from the following organizations and industries:
 1209  libraries, K-12 education, colleges and universities, local
 1210  health care providers, private businesses, community
 1211  organizations, economic development organizations, local
 1212  governments, tourism, parks and recreation, and agriculture.
 1213         (d) Encourage the use of broadband Internet service,
 1214  especially in the rural, unserved, and underserved communities
 1215  of the state through grant programs having effective strategies
 1216  to facilitate the statewide deployment of broadband Internet
 1217  service. For any grants to be awarded, priority must be given to
 1218  projects that:
 1219         1. Provide access to broadband education, awareness,
 1220  training, access, equipment, and support to libraries, schools,
 1221  colleges and universities, health care providers, and community
 1222  support organizations.
 1223         2. Encourage the sustainable adoption of broadband in
 1224  primarily unserved areas by removing barriers to entry.
 1225         3. Work toward encouraging investments in establishing
 1226  affordable and sustainable broadband Internet service in
 1227  unserved areas of the state.
 1228         4. Facilitate the development of applications, programs,
 1229  and services, including, but not limited to, telework,
 1230  telemedicine, and e-learning to increase the usage of, and
 1231  demand for, broadband Internet service in the state.
 1232         (3) The Department of State Technology may:
 1233         (a) Apply for and accept federal funds for the purposes of
 1234  this section, as well as gifts and donations from individuals,
 1235  foundations, and private organizations.
 1236         (4) The Department may
 1237         (b) Enter into contracts necessary or useful to carry out
 1238  the purposes of this section.
 1239         (c)(5)The department may Establish any committee or
 1240  workgroup to administer and carry out the purposes of this
 1241  section.
 1242         Section 27. Subsections (3), (4), (5), (7), (9), and (10)
 1243  of section 365.171, Florida Statutes, are amended to read:
 1244         365.171 Emergency communications number E911 state plan.—
 1245         (3) DEFINITIONS.—As used in this section, the term:
 1246         (a) “Department” means the Department of State Technology
 1247  “Office” means the Technology Program within the Department of
 1248  Management Services, as designated by the secretary of the
 1249  department.
 1250         (b) “Local government” means any municipality city, county,
 1251  or political subdivision of the state and its agencies.
 1252         (c) “Public agency” means the state and any municipality
 1253  city, county, city and county, municipal corporation, chartered
 1254  organization, special public district, or public authority
 1255  located in whole or in part within this state which provides, or
 1256  has authority to provide, firefighting, law enforcement,
 1257  ambulance, medical, or other emergency services.
 1258         (d) “Public safety agency” means a functional division of a
 1259  public agency which provides firefighting, law enforcement,
 1260  medical, or other emergency services.
 1261         (4) STATE PLAN.—The department office shall develop,
 1262  maintain, and implement appropriate modifications for a
 1263  statewide emergency communications E911 system plan. The plan
 1264  shall provide for:
 1265         (a) The public agency emergency communications requirements
 1266  for each entity of local government in the state.
 1267         (b) A system to meet specific local government
 1268  requirements. Such system must shall include law enforcement,
 1269  firefighting, and emergency medical services and may include
 1270  other emergency services such as poison control, suicide
 1271  prevention, and emergency management services.
 1272         (c) Identification of the mutual aid agreements necessary
 1273  to obtain an effective E911 system.
 1274         (d) A funding provision that identifies the cost necessary
 1275  to implement the E911 system.
 1276  
 1277  The department is office shall be responsible for the
 1278  implementation and coordination of such plan. The department
 1279  office shall adopt any necessary rules and schedules related to
 1280  public agencies for implementing and coordinating the plan,
 1281  pursuant to chapter 120.
 1282         (5) SYSTEM DIRECTOR.—The secretary of the department or his
 1283  or her designee is designated as the director of the statewide
 1284  emergency communications number E911 system and, for the purpose
 1285  of carrying out the provisions of this section, may is
 1286  authorized to coordinate the activities of the system with
 1287  state, county, local, and private agencies. The director in
 1288  implementing the system shall consult, cooperate, and coordinate
 1289  with local law enforcement agencies.
 1290         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The
 1291  department office shall coordinate with the Florida Public
 1292  Service Commission which shall encourage the Florida
 1293  telecommunications industry to activate facility modification
 1294  plans for timely E911 implementation.
 1295         (9) SYSTEM APPROVAL.—An No emergency communications number
 1296  E911 system may not shall be established or and no present
 1297  system shall be expanded without the prior approval of the
 1298  department office.
 1299         (10) COMPLIANCE.—All public agencies shall assist the
 1300  department office in their efforts to carry out the intent of
 1301  this section, and such agencies shall comply with the developed
 1302  plan.
 1303         Section 28. Present paragraphs (h) through (s) of
 1304  subsection (3) of section 365.172, Florida Statutes, are
 1305  redesignated as paragraphs (i) through (t), respectively, a new
 1306  paragraph (h) is added to that subsection, and paragraph (d) of
 1307  subsection (2), present paragraph (t) of subsection (3),
 1308  subsection (4), paragraph (a) of subsection (5), paragraph (c)
 1309  of subsection (6), and paragraph (f) of subsection (12) of that
 1310  section, are amended to read:
 1311         365.172 Emergency communications number “E911.”—
 1312         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1313  to:
 1314         (d) Provide for an E911 board to administer the fee, with
 1315  oversight by the department office, in a manner that is
 1316  competitively and technologically neutral with respect as to all
 1317  voice communications services providers.
 1318  
 1319  It is further the intent of the Legislature that the fee
 1320  authorized or imposed by this section not necessarily provide
 1321  the total funding required for establishing or providing E911
 1322  service.
 1323         (3) DEFINITIONS.—Only as used in this section and ss.
 1324  365.171, 365.173, and 365.174, the term:
 1325         (h) “Department” means the Department of State Technology.
 1326         (t) “Office” means the Technology Program within the
 1327  Department of Management Services, as designated by the
 1328  secretary of the department.
 1329         (4) POWERS AND DUTIES OF THE DEPARTMENT OFFICE.—The
 1330  department office shall oversee the administration of the fee
 1331  authorized and imposed on subscribers of voice communications
 1332  services under subsection (8).
 1333         (5) THE E911 BOARD.—
 1334         (a) The E911 Board is established to administer, with
 1335  oversight by the department office, the fee imposed under
 1336  subsection (8), including receiving revenues derived from the
 1337  fee; distributing portions of the revenues to wireless
 1338  providers, counties, and the department office; accounting for
 1339  receipts, distributions, and income derived from by the funds
 1340  maintained in the fund; and providing annual reports to the
 1341  Governor and the Legislature for submission by the department
 1342  office on amounts collected and expended, the purposes for which
 1343  expenditures have been made, and the status of E911 service in
 1344  this state. In order to advise and assist the department office
 1345  in administering implementing the purposes of this section, the
 1346  board, which has the power of a body corporate, has the powers
 1347  enumerated in subsection (6).
 1348         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 1349         (c) By February 28 of each year, the board shall prepare a
 1350  report for submission by the department office to the Governor,
 1351  Cabinet, the President of the Senate, and the Speaker of the
 1352  House of Representatives which addresses for the immediately
 1353  preceding calendar year:
 1354         1. The annual receipts, including the total amount of fee
 1355  revenues collected by each provider, the total disbursements of
 1356  money in the fund, including the amount of fund-reimbursed
 1357  expenses incurred by each wireless provider to comply with the
 1358  order, and the amount of moneys on deposit in the fund.
 1359         2. Whether the amount of the fee and the allocation
 1360  percentages set forth in s. 365.173 have been or should be
 1361  adjusted to comply with the requirements of the order or other
 1362  provisions of this chapter, and the reasons for making or not
 1363  making a recommended adjustment to the fee.
 1364         3. Any other issues related to providing E911 services.
 1365         4. The status of E911 services in this state.
 1366         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 1367  the public need for reliable E911 services through reliable
 1368  wireless systems and the public interest served by governmental
 1369  zoning and land development regulations and notwithstanding any
 1370  other law or local ordinance to the contrary, the following
 1371  standards shall apply to a local government’s actions, as a
 1372  regulatory body, in the regulation of the placement,
 1373  construction, or modification of a wireless communications
 1374  facility. This subsection does shall not, however, be construed
 1375  to waive or alter the provisions of s. 286.011 or s. 286.0115.
 1376  For the purposes of this subsection only, the term “local
 1377  government” means only shall mean any municipality or county and
 1378  any agency of a municipality or county only. The term “local
 1379  government” does not, however, include any airport, as defined
 1380  by s. 330.27(2), even if it is owned or controlled by or through
 1381  a municipality, county, or agency of a municipality or county.
 1382  Further, notwithstanding any other provision of anything in this
 1383  section to the contrary, this subsection does not apply to or
 1384  control a local government’s actions as a property or structure
 1385  owner in the use of any property or structure owned by such
 1386  entity for the placement, construction, or modification of
 1387  wireless communications facilities. In the use of property or
 1388  structures owned by the local government, however, a local
 1389  government may not use its regulatory authority so as to avoid
 1390  compliance with, or in a manner that does not advance, the
 1391  provisions of this subsection.
 1392         (f) Any other law to the contrary notwithstanding, the
 1393  department and the Department of Management Services shall
 1394  negotiate, in the name of the state, leases for wireless
 1395  communications facilities that provide access to state
 1396  government-owned property not acquired for transportation
 1397  purposes, and the Department of Transportation shall negotiate,
 1398  in the name of the state, leases for wireless communications
 1399  facilities that provide access to property acquired for state
 1400  rights-of-way. On property acquired for transportation purposes,
 1401  leases shall be granted in accordance with s. 337.251. On other
 1402  state government-owned property, leases shall be granted on a
 1403  space available, first-come, first-served basis. Payments
 1404  required by state government under a lease must be reasonable
 1405  and must reflect the market rate for the use of the state
 1406  government-owned property. The department of Management Services
 1407  and the Department of Transportation may are authorized to adopt
 1408  rules for the terms and conditions and granting of any such
 1409  leases.
 1410         Section 29. Subsection (1) and paragraph (g) of subsection
 1411  (2) of section 365.173, Florida Statutes, are amended to read:
 1412         365.173 Emergency Communications Number E911 System Fund.—
 1413         (1) All revenues derived from the fee levied on subscribers
 1414  under s. 365.172 must be paid by the board into the State
 1415  Treasury on or before the 15th day of each month. Such moneys
 1416  must be accounted for in a special fund to be designated as the
 1417  Emergency Communications Number E911 System Fund, a fund created
 1418  in the Department of State Technology Program, or other office
 1419  as designated by the Secretary of Management Services, and, for
 1420  accounting purposes, must be segregated into two separate
 1421  categories:
 1422         (a) The wireless category; and
 1423         (b) The nonwireless category.
 1424  
 1425  All moneys must be invested by the Chief Financial Officer
 1426  pursuant to s. 17.61. All moneys in such fund shall are to be
 1427  expended by the department office for the purposes provided in
 1428  this section and s. 365.172. These funds are not subject to s.
 1429  215.20.
 1430         (2) As determined by the board pursuant to s.
 1431  365.172(8)(h), and subject to any modifications approved by the
 1432  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
 1433  the fund shall be distributed and used only as follows:
 1434         (g) Two percent of the moneys in the fund shall be used to
 1435  make monthly distributions to rural counties for the purpose of
 1436  providing facilities and network and service enhancements and
 1437  assistance for the 911 or E911 systems operated by rural
 1438  counties and for the provision of grants by the department
 1439  office to rural counties for upgrading and replacing E911
 1440  systems.
 1441  
 1442  The Legislature recognizes that the fee authorized under s.
 1443  365.172 may not necessarily provide the total funding required
 1444  for establishing or providing the E911 service. It is the intent
 1445  of the Legislature that all revenue from the fee be used as
 1446  specified in this subsection.
 1447         Section 30. Subsection (1) of section 365.174, Florida
 1448  Statutes, is amended to read:
 1449         365.174 Proprietary confidential business information.—
 1450         (1) All proprietary confidential business information
 1451  submitted by a provider to the board or the Department of State
 1452  Technology office, including the name and billing or service
 1453  addresses of service subscribers, and trade secrets as defined
 1454  by s. 812.081, is confidential and exempt from s. 119.07(1) and
 1455  s. 24(a), Art. I of the State Constitution. Statistical
 1456  abstracts of information collected by the board or the
 1457  department office may be released or published, but only in a
 1458  manner that does not identify or allow identification of
 1459  subscribers or their service numbers or of revenues attributable
 1460  to any provider.
 1461         Section 31. Section 401.013, Florida Statutes, is amended
 1462  to read:
 1463         401.013 Legislative intent.—It is the intention and purpose
 1464  of the Legislature that a statewide system of regional emergency
 1465  medical telecommunications be developed whereby the maximum use
 1466  of existing radio channels is achieved in order to more
 1467  effectively and rapidly provide emergency medical service to the
 1468  general population. To this end, all emergency medical service
 1469  entities within the state are directed to provide the Department
 1470  of State Technology Management Services with any information the
 1471  department requests for the purpose of implementing the
 1472  provisions of s. 401.015, and such entities must shall comply
 1473  with the resultant provisions established pursuant to this part.
 1474         Section 32. Section 401.015, Florida Statutes, is amended
 1475  to read:
 1476         401.015 Statewide regional emergency medical
 1477  telecommunication system.—The Department of State Technology
 1478  shall Management Services is authorized and directed to develop
 1479  a statewide system of regional emergency medical
 1480  telecommunications. For the purpose of this part, the term
 1481  “telecommunications” means those voice, data, and signaling
 1482  transmissions and receptions between emergency medical service
 1483  components, including, but not limited to: ambulances; rescue
 1484  vehicles; hospitals or other related emergency receiving
 1485  facilities; emergency communications centers; physicians and
 1486  emergency medical personnel; paging facilities; law enforcement
 1487  and fire protection agencies; and poison control, suicide, and
 1488  emergency management agencies. In formulating such a system, the
 1489  agency department shall divide the state into appropriate
 1490  regions and shall develop a program that which includes, but is
 1491  not limited to, the following provisions:
 1492         (1) A requirements provision that states, which shall state
 1493  the telecommunications requirements for each emergency medical
 1494  entity comprising the region.
 1495         (2) An interfacility communications provision that depicts,
 1496  which shall depict the telecommunications interfaces between the
 1497  various medical service entities which operate within the region
 1498  and state.
 1499         (3) An organizational layout provision that includes, which
 1500  shall include each emergency medical entity and the number of
 1501  radio operating units (base, mobile, handheld, etc.) per entity.
 1502         (4) A frequency allocation and use provision that includes,
 1503  which shall include on an entity basis each assigned and planned
 1504  radio channel and the type of operation (simplex, duplex, half
 1505  duplex, etc.) on each channel.
 1506         (5) An operational provision that includes, which shall
 1507  include dispatching, logging, and operating procedures
 1508  pertaining to telecommunications on an entity basis and regional
 1509  basis.
 1510         (6) An emergency medical service telephone provision that
 1511  includes, which shall include the telephone and the numbering
 1512  plan throughout the region for both the public and interface
 1513  requirements.
 1514         Section 33. Section 401.018, Florida Statutes, is amended
 1515  to read:
 1516         401.018 System coordination.—
 1517         (1) The statewide system of regional emergency medical
 1518  telecommunications shall be developed by the Department of State
 1519  Technology Management Services, which department shall be
 1520  responsible for the implementation and coordination of such
 1521  system into the state telecommunications plan. The department
 1522  shall adopt any necessary rules and regulations for
 1523  administering implementing and coordinating such a system.
 1524         (2) The Department of State Technology Management Services
 1525  shall be designated as the state frequency coordinator for the
 1526  special emergency radio service.
 1527         Section 34. Section 401.021, Florida Statutes, is amended
 1528  to read:
 1529         401.021 System director.—The Secretary of the Department of
 1530  State Technology Management Services or his or her designee is
 1531  designated as the director of the statewide telecommunications
 1532  system of the regional emergency medical service and, for the
 1533  purpose of carrying out the provisions of this part, may is
 1534  authorized to coordinate the activities of the
 1535  telecommunications system with other interested state, county,
 1536  local, and private agencies.
 1537         Section 35. Section 401.024, Florida Statutes, is amended
 1538  to read:
 1539         401.024 System approval.—An From July 1, 1973, no emergency
 1540  medical telecommunications system may not shall be established
 1541  or present systems expanded without prior approval of the
 1542  Department of State Technology Management Services.
 1543         Section 36. Section 401.027, Florida Statutes, is amended
 1544  to read:
 1545         401.027 Federal assistance.—The Secretary of the Department
 1546  of State Technology Management Services or his or her designee
 1547  may is authorized to apply for and accept federal funding
 1548  assistance in the development and implementation of a statewide
 1549  emergency medical telecommunications system.
 1550         Section 37. Subsection (4) of section 445.011, Florida
 1551  Statutes, is amended to read:
 1552         445.011 Workforce information systems.—
 1553         (4) Workforce Florida, Inc., shall coordinate development
 1554  and implementation of workforce information systems with the
 1555  Secretary executive director of the Department of State Agency
 1556  for Enterprise Information Technology to ensure compatibility
 1557  with the state’s information system strategy and enterprise
 1558  architecture.
 1559         Section 38. Subsection (2) and paragraphs (a) and (b) of
 1560  subsection (4) of section 445.045, Florida Statutes, are amended
 1561  to read:
 1562         445.045 Development of an Internet-based system for
 1563  information technology industry promotion and workforce
 1564  recruitment.—
 1565         (2) Workforce Florida, Inc., shall coordinate with the
 1566  Department of State Agency for Enterprise Information Technology
 1567  and the Department of Economic Opportunity to ensure that links,
 1568  where feasible and appropriate, to existing job information
 1569  websites maintained by the state and state agencies and to
 1570  ensure that information technology positions offered by the
 1571  state and state agencies are posted on the information
 1572  technology website.
 1573         (4)(a) Workforce Florida, Inc., shall coordinate
 1574  development and maintenance of the website under this section
 1575  with the Secretary executive director of the Department of State
 1576  Agency for Enterprise Information Technology to ensure
 1577  compatibility with the state’s information system strategy and
 1578  enterprise architecture.
 1579         (b) Workforce Florida, Inc., may enter into an agreement
 1580  with the Department of State Agency for Enterprise Information
 1581  Technology, the Department of Economic Opportunity, or any other
 1582  public agency with the requisite information technology
 1583  expertise for the provision of design, operating, or other
 1584  technological services necessary to develop and maintain the
 1585  website.
 1586         Section 39. Paragraph (b) of subsection (18) of section
 1587  668.50, Florida Statutes, is amended to read:
 1588         668.50 Uniform Electronic Transaction Act.—
 1589         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1590  GOVERNMENTAL AGENCIES.—
 1591         (b) To the extent that a governmental agency uses
 1592  electronic records and electronic signatures under paragraph
 1593  (a), the Department of State Agency for Enterprise Information
 1594  Technology, in consultation with the governmental agency, giving
 1595  due consideration to security, may specify:
 1596         1. The manner and format in which the electronic records
 1597  must be created, generated, sent, communicated, received, and
 1598  stored and the systems established for those purposes.
 1599         2. If electronic records must be signed by electronic
 1600  means, the type of electronic signature required, the manner and
 1601  format in which the electronic signature must be affixed to the
 1602  electronic record, and the identity of, or criteria that must be
 1603  met by, any third party used by a person filing a document to
 1604  facilitate the process.
 1605         3. Control processes and procedures as appropriate to
 1606  ensure adequate preservation, disposition, integrity, security,
 1607  confidentiality, and auditability of electronic records.
 1608         4. Any other required attributes for electronic records
 1609  which are specified for corresponding nonelectronic records or
 1610  reasonably necessary under the circumstances.
 1611         Section 40. Transfer from the Executive Office of the
 1612  Governor.—All of the powers, duties, functions, records,
 1613  personnel, and property; funds, trust funds, and unexpended
 1614  balances of appropriations, allocations, and other funds;
 1615  administrative authority; administrative rules; pending issues;
 1616  and existing contracts of the Agency for Enterprise Information
 1617  Technology within the Executive Office of the Governor shall
 1618  continue and to the extent necessary are transferred by a type
 1619  one transfer, pursuant to s. 20.06(1), Florida Statutes, to the
 1620  Department of State Technology under s. 20.61, Florida Statutes.
 1621         Section 41. Transfer from the Department of Management
 1622  Services.—
 1623         (1)The Technology Program established under s. 20.22(2),
 1624  Florida Statutes, is transferred intact by a type one transfer,
 1625  as defined in s. 20.06(1), Florida Statutes, from the Department
 1626  of Management Services to the Department of State Technology.
 1627         (2)All of the powers, duties, functions, records,
 1628  personnel, and property; funds, trust funds, and unexpended
 1629  balances of appropriations, allocations, and other funds;
 1630  administrative authority; administrative rules; pending issues;
 1631  and existing contracts relating to the following
 1632  responsibilities of the Department of Management Services are
 1633  transferred by a type one transfer, as defined in s.20.06(1), to
 1634  the Department of State Technology:
 1635         (a) Administrative and regulatory responsibilities under
 1636  part II of chapter 282, Florida Statutes, consisting of ss.
 1637  282.601-282.606, Florida Statutes, relating to accessibility of
 1638  electronic information and information technology for state
 1639  employees and members of the public with disabilities, including
 1640  the responsibility for rules for the development, procurement,
 1641  maintenance, and use of accessible electronic information
 1642  technology by governmental units pursuant to s. 282.604, Florida
 1643  Statutes.
 1644         (b)Administrative and regulatory responsibilities under
 1645  part III of chapter 282, Florida Statutes, consisting of ss.
 1646  282.701-282.711, Florida Statutes, relating to the state
 1647  telecommunications network, state communications,
 1648  telecommunications services with state agencies and political
 1649  subdivisions of the state, the SUNCOM network, the law
 1650  enforcement radio system and interoperability network, regional
 1651  law enforcement communications, and remote electronic access.
 1652         (c)Administrative and regulatory responsibilities under s.
 1653  364.0135, Florida Statutes, relating to broadband Internet
 1654  service.
 1655         (d)Administrative and regulatory responsibilities under
 1656  ss. 365.171-365.175, Florida Statutes, relating to emergency
 1657  communications number E911.
 1658         (e)Administrative and regulatory responsibilities under
 1659  part I of chapter 401, Florida Statutes, consisting of ss.
 1660  401.013-401.027, Florida Statutes, relating to a statewide
 1661  system of regional emergency medical telecommunications.
 1662         (3)(a)The following trust funds are transferred by a type
 1663  one transfer, as defined in s. 20.06(1), Florida Statutes, from
 1664  the Department of Management Services to the Department of State
 1665  Technology:
 1666         1. The Communications Working Capital Trust Fund.
 1667         2. The Emergency Communications Number E911 System Fund.
 1668         3. The State Agency Law Enforcement Radio System Trust
 1669  Fund.
 1670         4. Federal Grants Trust Fund.
 1671         (b) All unexpended balances of appropriations, allocations,
 1672  and other funds of the Department of Management Services
 1673  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1674  365.175, and part I of chapter 401, Florida Statutes, which are
 1675  not specifically transferred by this subsection are transferred
 1676  by a type one transfer, as defined in s. 20.06(1), Florida
 1677  Statutes, to the Department of State Technology.
 1678         (4) All lawful orders issued by the Department of
 1679  Management Services implementing or enforcing or otherwise in
 1680  regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
 1681  or part I of chapter 401, Florida Statutes, issued before July
 1682  1, 2013, shall remain in effect and be enforceable after that
 1683  date unless thereafter modified in accordance with law.
 1684         (5) Any binding contract or interagency agreement entered
 1685  into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1686  365.175, or part I of chapter 401, Florida Statutes, and
 1687  existing before July 1, 2013, between the Department of
 1688  Management Services or an entity or agent of the department and
 1689  any other agency, entity, or person shall continue as a binding
 1690  contract or agreement for the remainder of the term of such
 1691  contract or agreement on the Department of State Technology.
 1692         (6) The rules of the Department of Management Services
 1693  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1694  365.175, or part I of chapter 401, Florida Statutes, that were
 1695  in effect at 11:59 p.m. on June 30, 2013, shall become the rules
 1696  of the Department of State Technology and remain in effect until
 1697  amended or repealed in the manner provided by law.
 1698         (7) The transfer of regulatory authority under ss. 282.701
 1699  282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
 1700  401, Florida Statutes, provided by this section does not affect
 1701  the validity of any judicial or administrative action pending as
 1702  of 11:59 p.m. on June 30, 2013, to which the Department of
 1703  Management Services is at that time a party, and the Department
 1704  of State Technology shall be substituted as a party in interest
 1705  in any such action.
 1706         (8) The Northwood Shared Resource Center is transferred by
 1707  a type one transfer, as defined in s. 20.06(1), Florida
 1708  Statutes, from the Department of Management Services to the
 1709  Department of State Technology.
 1710         (a) Any binding contract or interagency agreement entered
 1711  into between the Northwood Shared Resource Center or an entity
 1712  or agent of the center and any other agency, entity, or person
 1713  shall continue as a binding contract or agreement for the
 1714  remainder of the term of such contract or agreement on the
 1715  Department of State Technology.
 1716         (b) The rules of the Northwood Shared Resource Center that
 1717  were in effect at 11:59 p.m. on June 30, 2013, shall become the
 1718  rules of the Department of State Technology and shall remain in
 1719  effect until amended or repealed in the manner provided by law.
 1720         (9) The Southwood Shared Resource Center is transferred by
 1721  a type one transfer, as defined in s. 20.06(1), Florida
 1722  Statutes, from the Department of Management Services to the
 1723  Department of State Technology.
 1724         (a) Any binding contract or interagency agreement entered
 1725  into between the Southwood Shared Resource Center or an entity
 1726  or agent of the center and any other agency, entity, or person
 1727  shall continue as a binding contract or agreement for the
 1728  remainder of the term of such contract or agreement on the
 1729  Department of State Technology.
 1730         (b) The rules of the Southwood Shared Resource Center that
 1731  were in effect at 11:59 p.m. on June 30, 2013, shall become the
 1732  rules of the Department of State Technology and shall remain in
 1733  effect until amended or repealed in the manner provided by law.
 1734         Section 42. For the 2013-2014 fiscal year, the sum of
 1735  $2,865,108 in recurring general revenue funds, $2,134,892 in
 1736  nonrecurring general revenue funds, and 24 full-time equivalent
 1737  positions and associated salary rate of 2,010,951 are
 1738  appropriated to the Department of State Technology for the
 1739  purpose of implementing this act.
 1740         Section 43. Except as otherwise expressly provided in this
 1741  act and except for this section, which shall take effect upon
 1742  become law, this act shall take effect July 1, 2013.