Florida Senate - 2013                                     SB 908
       
       
       
       By Senator Ring
       
       
       
       
       29-00496A-13                                           2013908__
    1  
    2                        A bill to be entitled                      
    3         An act relating to state technology; abolishing the
    4         Agency for Enterprise Information Technology;
    5         transferring the personnel, functions, and funds of
    6         the agency to the Agency for State Technology;
    7         transferring specified personnel, functions, funds,
    8         trust funds, administrative orders, contracts, and
    9         rules relating to technology programs from the
   10         Department of Management Services to the Agency for
   11         State Technology; transferring the Northwood Shared
   12         Resource Center and the Southwood Shared Resource
   13         Center to the agency; repealing s. 14.204, F.S.,
   14         relating to the Agency for Enterprise Information
   15         Technology; creating s. 14.206, F.S.; creating the
   16         Agency for State Technology; providing for
   17         organization of the agency; providing for an executive
   18         director who shall be the state’s Chief Information
   19         Officer; providing duties and responsibilities of the
   20         executive director; specifying the officers and
   21         divisions of the agency; prohibiting the agency from
   22         using certain trust funds for certain purposes;
   23         authorizing the agency to adopt rules; reordering and
   24         amending s. 282.0041, F.S.; revising and providing
   25         definitions for terms used in the Enterprise
   26         Information Technology Services Management Act;
   27         amending s. 282.0055, F.S.; revising provisions for
   28         assignment of enterprise information technology
   29         services; directing the agency to establish a process
   30         for enterprise information technology services;
   31         requiring the agency and state agencies to create
   32         operational plans for service consolidation and
   33         specifying the components of such plans; requiring the
   34         agency to develop a comprehensive transition plan for
   35         consolidation and submit such plan to the Governor,
   36         the Cabinet, and the Legislature by a certain date;
   37         specifying the components of the plan; providing
   38         duties for state agencies relating to the transition
   39         plan; prohibiting state agencies from engaging in
   40         certain technology-related activities; providing
   41         exceptions; amending s. 282.0056, F.S.; requiring the
   42         agency executive director to develop a biennial state
   43         Information Technology Strategic Plan for approval by
   44         the Governor and the Cabinet; specifying the elements
   45         of the plan; requiring state agencies to submit their
   46         own biennial information technology plans and any
   47         requested information to the agency; revising
   48         provisions relating to the development of work plans
   49         and implementation plans; revising provisions for
   50         reporting on the work plan; amending s. 282.201, F.S.;
   51         revising provisions relating to the state data center
   52         system; providing legislative intent; proving agency
   53         duties, including directing the agency to provide
   54         recommendations to the Governor and Legislature
   55         relating to changes to the schedule for the
   56         consolidations of data centers; providing state agency
   57         duties for consolidating a data center into a shared
   58         resource center; suspending the consolidations
   59         scheduled for state agency data centers for a
   60         specified period; amending s. 282.203, F.S.; revising
   61         duties of shared resource centers; removing provisions
   62         establishing boards of trustees to head centers;
   63         requiring a memorandum of understanding between the
   64         shared resource center and the participating state
   65         agency; limiting the term of the memorandum; providing
   66         for failure to enter into a memorandum; repealing s.
   67         282.204, F.S., relating to Northwood Shared Resource
   68         Center; repealing s. 282.205, F.S., relating to
   69         Southwood Shared Resource Center; creating s. 282.206,
   70         F.S.; establishing the Fletcher Shared Resource Center
   71         within the Department of Financial Services to provide
   72         enterprise information technology services; directing
   73         the center to collaborate with the agency; directing
   74         the center to provide colocation services to the
   75         Department of Legal Affairs, the Department of
   76         Agriculture and Consumer Services, and the Department
   77         of Financial Services; directing the Department of
   78         Financial Services to continue to use the center and
   79         provide service to the Office of Financial Regulation
   80         and the Office of Insurance Regulation and host the
   81         Legislative Appropriations System/Planning and
   82         Budgeting Subsystem; providing for governance of the
   83         center; providing for a steering committee to ensure
   84         adequacy and appropriateness of services; directing
   85         the Department of Legal Affairs and the Department of
   86         Agriculture and Consumer Services to move data center
   87         equipment to the center by certain dates; amending s.
   88         282.318, F.S.; providing that certain departments are
   89         exempted from the executive-level state agencies for
   90         whom the agency establishes rules and guidelines
   91         relating to security; repealing s. 282.33, F.S.,
   92         relating to objective standards for data center energy
   93         efficiency; repealing s. 282.34, F.S., relating to
   94         enterprise email service; amending ss. 282.702, 20.22,
   95         110.205, 215.22, 215.322, 216.292, 282.604, 282.703,
   96         282.704, 282.705, 282.706, 282.707, 282.709, 282.7101,
   97         282.711, 287.012, 287.057, 318.18, 320.0802, 328.72,
   98         364.0135, 365.171, 365.172, 365.173, 365.174, 401.013,
   99         401.015, 401.018, 401.021, 401.024, 401.027, 401.465,
  100         445.011, 445.045, and 668.50, F.S.; conforming
  101         provisions and cross-references to changes made by the
  102         act; revising and deleting obsolete provisions;
  103         providing an effective date.
  104  
  105  Be It Enacted by the Legislature of the State of Florida:
  106  
  107         Section 1. (1) The Agency for Enterprise Information
  108  Technology is abolished.
  109         (2)All of the powers, duties, functions, records,
  110  personnel, and property; funds, trust funds, and unexpended
  111  balances of appropriations, allocations, and other funds;
  112  administrative authority; administrative rules; pending issues;
  113  and existing contracts of the Agency for Enterprise Information
  114  Technology are transferred by a type one transfer, pursuant to
  115  s. 20.06(1), Florida Statutes, to the Agency for State
  116  Technology.
  117         Section 2. Transfers from the Department of Management
  118  Services.—
  119         (1)The Technology Program established under s. 20.22(2),
  120  Florida Statutes, is transferred intact by a type one transfer,
  121  as defined in s. 20.06(1), Florida Statutes, from the Department
  122  of Management Services to the Agency for State Technology.
  123         (2)All of the powers, duties, functions, records,
  124  personnel, and property; funds, trust funds, and unexpended
  125  balances of appropriations, allocations, and other funds;
  126  administrative authority; administrative rules; pending issues;
  127  and existing contracts relating to the following
  128  responsibilities of the Department of Management Services are
  129  transferred by a type one transfer, as defined in s.20.06(1),
  130  Florida Statutes, to the Agency for State Technology:
  131         (a) Administrative and regulatory responsibilities under
  132  part II of chapter 282, Florida Statutes, consisting of sections
  133  282.601-282.606, Florida Statutes, relating to accessibility of
  134  electronic information and information technology for state
  135  employees and members of the public with disabilities, including
  136  the responsibility for rules for the development, procurement,
  137  maintenance, and use of accessible electronic information
  138  technology by governmental units pursuant to s. 282.604, Florida
  139  Statutes.
  140         (b)Administrative and regulatory responsibilities under
  141  part III of chapter 282, Florida Statutes, consisting of ss.
  142  282.701-282.711, relating to the state telecommunications
  143  network, state communications, telecommunications services with
  144  state agencies and political subdivisions of the state, the
  145  SUNCOM network, the law enforcement radio system and
  146  interoperability network, regional law enforcement
  147  communications, and remote electronic access.
  148         (c)Administrative and regulatory responsibilities under s.
  149  364.0135, Florida Statutes, relating to broadband Internet
  150  service.
  151         (d)Administrative and regulatory responsibilities under
  152  ss. 365.171-365.175, Florida Statutes, relating to emergency
  153  communications number E911.
  154         (e)Administrative and regulatory responsibilities under
  155  part I of chapter 401, Florida Statutes, consisting of ss.
  156  401.013-401.027, relating to a statewide system of regional
  157  emergency medical telecommunications.
  158         (3)(a)The following trust funds are transferred by a type
  159  one transfer, as defined in s. 20.06(1), Florida Statutes, from
  160  the Department of Management Services to the Agency for State
  161  Technology:
  162         1. The Communications Working Capital Trust Fund.
  163         2. The Emergency Communications Number E911 System Fund.
  164         3. The State Agency Law Enforcement Radio System Trust
  165  Fund.
  166         (b) All unexpended balances of appropriations, allocations,
  167  and other funds of the Department of Management Services
  168  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  169  365.175, and part I of chapter 401, Florida Statutes, which are
  170  not specifically transferred by this subsection are transferred
  171  by a type one transfer, as defined in s. 20.06(1), Florida
  172  Statutes, to the Agency for State Technology.
  173         (4) All lawful orders issued by the Department of
  174  Management Services implementing or enforcing or otherwise in
  175  regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
  176  or part I of chapter 401, Florida Statutes, issued before July
  177  1, 2013, shall remain in effect and be enforceable after that
  178  date unless thereafter modified in accordance with law.
  179         (5) Any binding contract or interagency agreement entered
  180  into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  181  365.175, or part I of chapter 401, Florida Statutes, and
  182  existing before July 1, 2013, between the Department of
  183  Management Services or an entity or agent of the department and
  184  any other agency, entity, or person shall continue as a binding
  185  contract or agreement for the remainder of the term of such
  186  contract or agreement on the Agency for State Technology.
  187         (6) The rules of the Department of Management Services
  188  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
  189  365.175, or part I of chapter 401, Florida Statutes, that were
  190  in effect at 11:59 p.m. on June 30, 2013, shall become the rules
  191  of the Agency for State Technology and remain in effect until
  192  amended or repealed in the manner provided by law.
  193         (7) The transfer of regulatory authority under ss. 282.701
  194  282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
  195  401, Florida Statutes, provided by this section shall not affect
  196  the validity of any judicial or administrative action pending as
  197  of 11:59 p.m. on June 30, 2013, to which the Department of
  198  Management Services is at that time a party, and the Agency for
  199  State Technology shall be substituted as a party in interest in
  200  any such action.
  201         (8) The Northwood Shared Resource Center is transferred by
  202  a type one transfer, as defined in s. 20.06(1), Florida
  203  Statutes, from the Department of Management Services to the
  204  Agency for State Technology.
  205         (a) Any binding contract or interagency agreement entered
  206  into between the Northwood Shared Resource Center or an entity
  207  or agent of the center and any other agency, entity, or person
  208  shall continue as a binding contract or agreement for the
  209  remainder of the term of such contract or agreement on the
  210  Agency for State Technology.
  211         (b) The rules of the Northwood Shared Resource Center that
  212  were in effect at 11:59 p.m. on June 30, 2013, shall become the
  213  rules of the Agency for State Technology and shall remain in
  214  effect until amended or repealed in the manner provided by law.
  215         (9) The Southwood Shared Resource Center is transferred by
  216  a type one transfer, as defined in s. 20.06(1), Florida
  217  Statutes, from the Department of Management Services to the
  218  Agency for State Technology.
  219         (a) Any binding contract or interagency agreement entered
  220  into between the Southwood Shared Resource Center or an entity
  221  or agent of the center and any other agency, entity, or person
  222  shall continue as a binding contract or agreement for the
  223  remainder of the term of such contract or agreement on the
  224  Agency for State Technology.
  225         (b) The rules of the Southwood Shared Resource Center that
  226  were in effect at 11:59 p.m. on June 30, 2013, shall become the
  227  rules of the Agency for State Technology and shall remain in
  228  effect until amended or repealed in the manner provided by law.
  229         Section 3. Section 14.204, Florida Statutes, is repealed.
  230         Section 4. Section 14.206, Florida Statutes, is created to
  231  read:
  232         14.206Agency for State Technology; creation; powers and
  233  duties.—
  234         (1) The Agency for State Technology is created. The head of
  235  the agency shall be the Governor.
  236         (2) The agency shall have an executive director who is the
  237  state’s Chief Information Officer and who must:
  238         (a) Have at least a bachelor’s degree in computer science,
  239  information systems, business or public administration, or a
  240  related field;
  241         (b) Have 10 or more years of experience working in the
  242  field of information technology;
  243         (c) Have at least 5 years of experience managing multiple,
  244  large, cross-functional information technology teams or
  245  projects, and influencing senior-level management and key
  246  stakeholders;
  247         (d) Have at least 5 years of executive-level leadership
  248  responsibilities;
  249         (e) Have performed an integral role in enterprise-wide
  250  information technology consolidations; and
  251         (f) Be appointed by the Governor. The executive director
  252  shall serve at the pleasure of the Governor.
  253         (3) The Executive Director:
  254         (a)Is responsible for developing and administering a
  255  comprehensive long-range plan for the state’s information
  256  technology resources, including opportunities for interfacing
  257  with the judicial branch and local government entities; ensuring
  258  the proper management of such resources; developing budget
  259  requests for submission to the Legislature; and delivering
  260  enterprise information technology services.
  261         (b)Shall appoint a Chief Technology Officer to lead the
  262  divisions of the agency dedicated to the operation and delivery
  263  of enterprise information technology services.
  264         (c)Shall appoint a Chief Operations Officer to lead the
  265  divisions of the agency dedicated to enterprise information
  266  technology policy, planning, standards, and procurement.
  267         (d)Shall designate a state Chief Information Security
  268  Officer.
  269         (e) May appoint all employees necessary to carry out the
  270  duties and responsibilities of the agency.
  271         (4) The following officers and divisions of the agency are
  272  established:
  273         (a) Under the Chief Technology Officer:
  274         1.The Division of Telecommunications upon the transfer of
  275  any portion of the Technology Program from the Department of
  276  Management Services to the agency.
  277         2.The Division of Data Center Operations, which includes,
  278  but is not limited to, any shared resource center established or
  279  operated by the agency, except the Fletcher Shared Resources
  280  Center established under s. 282.206.
  281         (b)Under the Chief Operations Officer:
  282         1. The Division ofStrategic Planning, which shall serve as
  283  the liaison between the agency and other state agencies; develop
  284  an information technology plan for the respective agencies’
  285  specific business operations; develop the agency’s long-range
  286  program plan relative to information technology purchasing
  287  decisions, project management, and security needs; manage agency
  288  information technology resources in a way that maximizes
  289  resources and minimizes multiplicity of platforms; and be
  290  responsible for coordinating information technology budget
  291  submission requests to the Legislature. The Chief Operations
  292  Officer duties can be jurisdictionally delegated to the
  293  following Assistant Chief Operations Officers, who report
  294  directly to the Chief Operations Officer:
  295         a. Assistant Chief Operations Officer of Human Services,
  296  who shall oversee the:
  297         (I) Department of Elder Affairs.
  298         (II) Agency for Health Care Administration.
  299         (III) Agency for Persons with Disabilities.
  300         (IV) Department of Children and Families.
  301         (V) Department of Health.
  302         (VI) Department of Veterans’ Affairs.
  303         (VII) Florida Developmental Disabilities Council.
  304         b.Assistant Chief Operations Officer of Criminal and Civil
  305  Justice, who shall oversee the:
  306         (I)Department of Juvenile Justice.
  307         (II)Parole Commission.
  308         (III)Department of Corrections.
  309         (IV)Board of Clemency.
  310         (V)Department of Law Enforcement.
  311         (VI)Department of Highway Safety and Motor Vehicles.
  312         c.Assistant Chief Operations Officer of Education, who
  313  shall oversee the:
  314         (I)Department of Education.
  315         (II)State Board of Education.
  316         (III)Board of Governors.
  317         d.Assistant Chief Operations Officer of Business
  318  Operations, who shall oversee the:
  319         (I)Department of Revenue.
  320         (II)Department of Business and Professional Regulation.
  321         (III)Department of the Lottery.
  322         (IV)Department of Economic Opportunity.
  323         (V)Enterprise Florida, Inc.
  324         (VI)Public Employees Relations Commission.
  325         (VII)Space Florida.
  326         (VIII)Department of Management Services.
  327         e.Assistant Chief Operations Officer of Community
  328  Services, who shall oversee the:
  329         (I)Department of Military Affairs.
  330         (II)Department of Transportation.
  331         (III)Department of State
  332         (IV)Department of Emergency Management.
  333         (V)Florida Sports Foundation.
  334         (VI)Workforce Florida, Inc.
  335         (VII)Commission on Human Relations.
  336         f.Assistant Chief Operations Officer of Natural Resources,
  337  who shall oversee the:
  338         (I)Department of Environmental Protection.
  339         (II)Fish and Wildlife Conservation Commission.
  340         (III)Department of Citrus.
  341         2.The Division of Enterprise Information Technology
  342  Standards, which includes the:
  343         a.Bureau of Enterprise Information Technology Procurement;
  344  and
  345         b.Bureau of Enterprise Information Technology Security and
  346  Compliance.
  347         3.The Division of Enterprise Services Planning and
  348  Consolidation.
  349         4.The Division of Enterprise Project Management.
  350         (c)Under the Office of the Executive Director:
  351         1.The Inspector General.
  352         2.The Chief of Staff.
  353         3. Legal.
  354         4.Governmental Affairs.
  355         5. The Division of Administration. These services may be
  356  provided by the Department of Management Services through a
  357  memorandum of understanding as defined in s. 282.0041.
  358         (5) The agency shall have the following duties and
  359  responsibilities:
  360         (a) Developing and publishing a long-term State Information
  361  Technology Resources Strategic Plan.
  362         (b) Initiating, planning, designing, implementing, and
  363  managing enterprise information technology services.
  364         (c) Beginning October 1, 2013, and every 3 months
  365  thereafter, submitting a quarterly status report on its
  366  initiatives to the Governor and Cabinet. The report must include
  367  a section on enterprise information technology service
  368  consolidations and, at a minimum, describe:
  369         1. Whether the consolidation is on schedule, including
  370  progress on achieving the milestones necessary for successful
  371  and timely consolidation of scheduled agency data centers and
  372  computing facilities;
  373         2. The risks that may affect the progress or outcome of the
  374  consolidation and how such risks are being mitigated or managed;
  375  and
  376         3. Statewide information technology policy recommendations
  377  in accordance with paragraph (m).
  378         (d) Setting technical standards for information technology,
  379  review major information technology projects and procurements,
  380  establish information technology security standards, and deliver
  381  enterprise information technology services as defined in s.
  382  282.0041.
  383         (e) Operating shared resource centers.
  384         (f) Establishing and delivering enterprise information
  385  technology services to serve state agencies on a cost-sharing
  386  basis, charging each state agency its proportionate share of the
  387  cost of maintaining and delivering a service based on the state
  388  agency’s use of the service.
  389         (g) Using the following principles to develop a means of
  390  chargeback for shared resource center services:
  391         1. The customers of the shared resource center shall
  392  provide payments to the shared resource center which are
  393  sufficient to maintain the solvency of the shared resource
  394  center operation for all costs not directly funded through the
  395  General Appropriations Act.
  396         2. Per unit cost of usage shall be the primary basis for
  397  pricing, and usage must be accurately measurable and
  398  attributable to the appropriate customer.
  399         3. The shared resource center shall combine the aggregate
  400  purchasing power of large and small customers to achieve
  401  collective savings opportunities to all customers.
  402         4. Chargeback methodologies shall be devised to consider
  403  restrictions on grants to customers.
  404         5. Chargeback methodologies should establish incentives
  405  that lead to customer usage practices that result in lower costs
  406  to the state.
  407         6. Chargeback methodologies must consider technological
  408  change if:
  409         a. New services require short-term investments before
  410  achieving long-term, full-cost recovery for the service.
  411         b. Customers of antiquated services may not be able to bear
  412  all of the costs for the antiquated services during periods when
  413  customers are migrating to replacement services.
  414         7. Prices may be established that allow for the accrual of
  415  cash balances for the purpose of maintaining contingent
  416  operating funds and funding planned capital investments. Accrual
  417  of the cash balances are considered to be costs for the purposes
  418  of this section.
  419         8. The shared resource center may not knowingly enter into
  420  an agreement with a customer for more than 2 years if associated
  421  charges are not sufficient to cover the associated proportional
  422  costs.
  423         9. Flat rate charges may be used only if there are
  424  provisions for reconciling charges to comport with actual costs
  425  and use.
  426         (h) Collecting and maintaining an inventory of the
  427  information technology resources in the state agencies.
  428         (i) Assuming ownership or custody and control of
  429  information processing equipment, supplies, and positions
  430  required in order to thoroughly carry out the duties and
  431  responsibilities of the agency.
  432         (j) Adopting rules and policies for the efficient, secure,
  433  and economical management and operation of the shared resource
  434  centers and state telecommunications services.
  435         (k) Providing other public sector organizations as defined
  436  in s. 282.0041 with access to the services provided by the
  437  agency. Access shall be provided on the same cost basis that
  438  applies to state agencies.
  439         (l) Ensuring that data that is confidential under state or
  440  federal law is protected until safeguards for the data’s
  441  security satisfactory to the department head and the executive
  442  director have been designed, installed, and tested and are fully
  443  operational. This provision does not prescribe what actions are
  444  undertaken to satisfy a department’s objectives or to remove
  445  responsibility for working with the agency to implement
  446  safeguards from the control and administration of the
  447  departments, regardless of whether such control and
  448  administration are specifically required by law or administered
  449  under the general program authority and responsibility of the
  450  department.
  451         (m) Conducting periodic assessments of state agencies for
  452  compliance with statewide information technology policies and
  453  recommending to the Governor and Cabinet statewide policies for
  454  information technology.
  455         (6) The agency shall operate in a manner that ensures the
  456  participation and representation of state agencies.
  457         (7) The Agency for State Technology may not use, and
  458  executives of the agency may not direct spending from,
  459  operational information technology trust funds for studying and
  460  developing enterprise information technology strategies, plans,
  461  rules, reports, policies, proposals, budgets, or enterprise
  462  information technology initiatives that are not directly related
  463  to developing information technology services for which usage
  464  fees reimburse the costs of the initiative. As used in this
  465  subsection, the term “operational information technology trust
  466  fund” means a fund into which deposits are made on a fee-for
  467  service basis or a trust fund dedicated to a specific
  468  information technology project or system.
  469         (8) The portions of the agency’s activities described in
  470  subsection (7) for which usage fees do not reimburse costs of
  471  the activity shall be funded at a rate of 0.55 percent of the
  472  total identified information technology funds spent through
  473  MyFloridaMarketPlace.
  474         (9) The agency may adopt rules to carry out its duties and
  475  responsibilities.
  476         Section 5. Section 282.0041, Florida Statutes, is reordered
  477  and amended to read:
  478         282.0041 Definitions.—As used in this chapter, the term:
  479         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  480  except that for purposes of this chapter, “agency” does not
  481  include university boards of trustees or state universities.
  482         (1)(2) “Agency for State Enterprise Information Technology”
  483  or “agency” means the agency created under s. 14.206 in s.
  484  14.204.
  485         (2)(3) “Agency information technology service” means a
  486  service that directly helps a state an agency fulfill its
  487  statutory or constitutional responsibilities and policy
  488  objectives and is usually associated with the state agency’s
  489  primary or core business functions.
  490         (4) “Annual budget meeting” means a meeting of the board of
  491  trustees of a primary data center to review data center usage to
  492  determine the apportionment of board members for the following
  493  fiscal year, review rates for each service provided, and
  494  determine any other required changes.
  495         (3)(5) “Breach” has the same meaning as in s. 817.5681(4).
  496         (4)(6) “Business continuity plan” means a plan for disaster
  497  recovery which provides for the continued functioning of a
  498  shared resource center or primary data center during and after a
  499  disaster.
  500         (5)(7) “Computing facility” means a state agency site space
  501  containing fewer than a total of 10 physical or logical servers,
  502  any of which supports a strategic or nonstrategic information
  503  technology service, as described in budget instructions
  504  developed pursuant to s. 216.023, but excluding
  505  telecommunications and voice gateways and a clustered pair of
  506  servers operating as a single logical server to provide file,
  507  print, security, and endpoint management services single,
  508  logical-server installations that exclusively perform a utility
  509  function such as file and print servers.
  510         (6) “Computing service” means an information technology
  511  service that is used in all state agencies or a subset of
  512  agencies and is, therefore, a candidate for being established as
  513  an enterprise information technology service. Examples include,
  514  but are not limited to, e-mail, service hosting,
  515  telecommunications, and disaster recovery.
  516         (8) “Customer entity” means an entity that obtains services
  517  from a primary data center.
  518         (7)(9) “Data center” means state agency space containing 10
  519  or more physical or logical servers any of which supports a
  520  strategic or nonstrategic information technology service, as
  521  described in budget instructions developed pursuant to s.
  522  216.023.
  523         (10) “Department” means the Department of Management
  524  Services.
  525         (9)(11) “Enterprise information technology service” means
  526  an information technology service that is used in all state
  527  agencies or a subset of state agencies and is established in law
  528  to be designed, delivered, and managed at the enterprise level.
  529  Current enterprise information technology services that include
  530  data center services, email, and security.
  531         (8)(12) “E-mail, messaging, and calendaring service” means
  532  the enterprise information technology service that enables users
  533  to send, receive, file, store, manage, and retrieve electronic
  534  messages, attachments, appointments, and addresses. The e-mail,
  535  messaging, and calendaring service must include e-mail account
  536  management; help desk; technical support and user provisioning
  537  services; disaster recovery and backup and restore capabilities;
  538  antispam and antivirus capabilities; archiving and e-discovery;
  539  and remote access and mobile messaging capabilities.
  540         (10)(13) “Information-system utility” means an information
  541  processing a full-service information-processing facility
  542  offering hardware, software, operations, integration,
  543  networking, floor space, and consulting services.
  544         (12)(14) “Information technology resources” means
  545  equipment, hardware, software, firmware, programs, systems,
  546  networks, infrastructure, media, and related material used to
  547  automatically, electronically, and wirelessly collect, receive,
  548  access, transmit, display, store, record, retrieve, analyze,
  549  evaluate, process, classify, manipulate, manage, assimilate,
  550  control, communicate, exchange, convert, converge, interface,
  551  switch, or disseminate information of any kind or form, and
  552  includes the human resources to perform such duties, but
  553  excludes application developers and logical database
  554  administrators.
  555         (11)(15) “Information technology policy” means statements
  556  that describe clear choices for how information technology will
  557  deliver effective and efficient government services to residents
  558  and improve state agency operations. A policy may relate to
  559  investments, business applications, architecture, or
  560  infrastructure. A policy describes its rationale, implications
  561  of compliance or noncompliance, the timeline for implementation,
  562  metrics for determining compliance, and the accountable
  563  structure responsible for its implementation.
  564         (13) “Local area network” means any telecommunications
  565  network through which messages and data are exchanged only
  566  within a single building or contiguous campus.
  567         (14) “Logical database administration” means the resources
  568  required to build and maintain database structure, implement and
  569  maintain role-based data access controls, and perform
  570  performance optimization of data queries and includes the
  571  manipulation, transformation, modification, and maintenance of
  572  data within a logical database. Typical tasks include schema
  573  design and modifications, user provisioning, query tuning, index
  574  and statistics maintenance, and data import, export, and
  575  manipulation.
  576         (15) “Memorandum of understanding” means a written
  577  agreement between the agency and a state agency which specifies
  578  the scope of services provided, service level, duration of the
  579  agreement, responsible parties, and service costs. A memorandum
  580  of understanding is not a rule pursuant to chapter 120.
  581         (16) “Other public sector organizations” means entities of
  582  the legislative and judicial branches, the State University
  583  System, the Florida Community College System, counties, and
  584  municipalities. Such organizations may elect to participate in
  585  the information technology programs, services, or contracts
  586  offered by the Agency for State Technology, including
  587  information technology procurement, in accordance with general
  588  law, policies, and administrative rules.
  589         (16) “Performance metrics” means the measures of an
  590  organization’s activities and performance.
  591         (17) “Physical database administration” means the resources
  592  responsible for installing, maintaining, and operating an
  593  environment within which a database is hosted. Typical tasks
  594  include database engine installation, configuration, and
  595  security patching, as well as performing backup and restoration
  596  of hosted databases, setup and maintenance of instance-based
  597  data replication, and monitoring the health and performance of
  598  the database environment.
  599         (18)(17) “Primary data center” means a data center that is
  600  a recipient entity for consolidation of state agency information
  601  technology resources and provides contracted services to the
  602  agency nonprimary data centers and computing facilities and that
  603  is established by law.
  604         (19)(18) “Project” means an endeavor that has a defined
  605  start and end point; is undertaken to create or modify a unique
  606  product, service, or result; and has specific objectives that,
  607  when attained, signify completion.
  608         (20)(19) “Risk analysis” means the process of identifying
  609  security risks, determining their magnitude, and identifying
  610  areas needing safeguards.
  611         (21)(20) “Service level” means the key performance
  612  indicators (KPI) of an organization or service which must be
  613  regularly performed, monitored, and achieved.
  614         (21) “Service-level agreement” means a written contract
  615  between a data center and a customer entity which specifies the
  616  scope of services provided, service level, the duration of the
  617  agreement, the responsible parties, and service costs. A
  618  service-level agreement is not a rule pursuant to chapter 120.
  619         (22) “Shared resource center” means a primary data center
  620  that is state controlled.
  621         (23)(22) “Standards” means required practices, controls,
  622  components, or configurations established by an authority.
  623         (24) “State agency” has the same meaning as in s.
  624  216.011(1), except that for the purposes of this chapter, the
  625  term does not include university boards of trustees or state
  626  universities.
  627         (25) “State agency site” means a single, contiguous local
  628  area network segment that does not traverse a metropolitan area
  629  network or wide area network.
  630         (26)(23) “SUNCOM Network” means the state enterprise
  631  telecommunications system that provides all methods of
  632  electronic or optical telecommunications beyond a single
  633  building or contiguous building complex and used by entities
  634  authorized as network users under this part.
  635         (27)(24) “Telecommunications” means the science and
  636  technology of communication at a distance, including electronic
  637  systems used in the transmission or reception of information.
  638         (28)(25) “Threat” means any circumstance or event that may
  639  cause harm to the integrity, availability, or confidentiality of
  640  information technology resources.
  641         (29)(26) “Total cost” means all costs associated with
  642  information technology projects or initiatives, including, but
  643  not limited to, value of hardware, software, service,
  644  maintenance, incremental personnel, and facilities. Total cost
  645  of a loan or gift of information technology resources to a state
  646  an agency includes the fair market value of the resources.
  647         (30)(27) “Usage” means the billing amount charged by the
  648  shared resource primary data center, minus less any pass-through
  649  charges, to the state agency customer entity.
  650         (31)(28) “Usage rate” means a state agency’s customer
  651  entity’s usage or billing amount as a percentage of total usage.
  652         (32) “Wide area network” means any telecommunications
  653  network or components thereof through which messages and data
  654  are exchanged outside of a local area network.
  655         Section 6. Section 282.0055, Florida Statutes, is amended
  656  to read:
  657         (Substantial rewording of section. See
  658         s. 282.0055, F.S., for current text.)
  659         282.0055 Assignment of enterprise information technology.—
  660         (1) The Agency for State Technology shall establish a
  661  systematic process for the planning, design, implementation,
  662  procurement, delivery, and maintenance of enterprise information
  663  technology services for executive branch agencies. Such duties
  664  shall be performed in collaboration with the state agencies. The
  665  supervision, design, development, delivery, and maintenance of
  666  state-agency specific or unique software applications shall
  667  remain within the responsibility and control of each state
  668  agency or other public sector organization.
  669         (2) During the 2013-2014 fiscal year, the Agency for State
  670  Technology shall, in collaboration with the state agencies and
  671  other stakeholders, create strategic and operational plans for
  672  enterprise information technology service consolidation. At a
  673  minimum, the plans must include:
  674         (a) An enterprise architecture that provides innovative,
  675  yet practical and cost-effective offerings.
  676         (b) A schedule for the consolidation of state agency data
  677  centers.
  678         (c) Cost-saving targets and timeframes for when the savings
  679  will be realized.
  680         (d) Recommendations, including cost estimates, for
  681  enhancements to the Northwood Shared Resource Center and the
  682  Southwood Shared Resource Center that will improve their ability
  683  to deliver enterprise information technology services.
  684         (3) By October 15th of each year beginning in 2014, the
  685  Agency for State Technology shall develop a comprehensive
  686  transition plan for scheduled consolidations occurring the next
  687  fiscal year. This plan shall be submitted to the Governor, the
  688  Cabinet, the President of the Senate, and the Speaker of the
  689  House of Representatives. The transition plan shall be developed
  690  in consultation with agencies submitting agency transition
  691  plans. The comprehensive transition plan must include:
  692         (a) Recommendations for accomplishing the proposed
  693  transitions as efficiently and effectively as possible with
  694  minimal disruption to state agency business processes.
  695         (b) Strategies to minimize risks associated with the
  696  proposed consolidations.
  697         (c) A compilation of the state agency transition plans
  698  submitted by state agencies scheduled for consolidation during
  699  the following fiscal year.
  700         (d) An estimate of the cost to provide enterprise
  701  information technology services for each state agency scheduled
  702  for consolidation.
  703         (e) An analysis of the cost effects resulting from the
  704  planned consolidations on existing state agencies.
  705         (f) The fiscal year adjustments to budget categories in
  706  order to absorb the transfer of agency information technology
  707  resources pursuant to the legislative budget request
  708  instructions provided in s. 216.023.
  709         (g) A description of any issues that must be resolved in
  710  order to accomplish as efficiently and effectively as possible
  711  all consolidations required during the fiscal year.
  712         (4) State agencies have the following duties:
  713         (a) For the purpose of completing its work activities, each
  714  state agency shall provide to the Agency for State Technology
  715  all requested information and any other information relevant to
  716  the state agency’s ability to effectively transition its
  717  information technology resources into the agency.
  718         (b) For the purpose of completing its work activities, each
  719  state agency shall temporarily assign staff to assist the agency
  720  as negotiated between the Agency for State Technology and the
  721  state agency.
  722         (c) Each state agency identified for consolidation into an
  723  enterprise information technology service offering shall submit
  724  a transition plan to the Agency for State Technology by
  725  September 1 of the fiscal year before the fiscal year in which
  726  the scheduled consolidation will occur. Transition plans shall
  727  be developed in consultation with the agency and must include:
  728         1. An inventory of the state agency data center’s resources
  729  being consolidated, including all hardware, software, staff, and
  730  contracted services, and resources performing data center
  731  management and operations, security, backup and recovery,
  732  disaster recovery, system administration, physical and logical
  733  database administration, network services, system programming,
  734  job control, production control, print, storage, technical
  735  support, help desk, and managed services, but excluding
  736  application development.
  737         2. A description of the level of services needed to meet
  738  the technical and operational requirements of the platforms
  739  being consolidated and an estimate of the primary data center’s
  740  cost for the provision of such services.
  741         3. A description of expected changes to its information
  742  technology needs and the timeframe when such changes will occur.
  743         4. A description of the information technology resources
  744  proposed to remain in the state agency.
  745         5. A baseline project schedule for the completion of the
  746  consolidation.
  747         6. The specific recurring and nonrecurring budget
  748  adjustments of budget resources by appropriation category into
  749  the appropriate data processing category pursuant to the
  750  legislative budget instructions in s. 216.023 necessary to
  751  support state agency costs for the transfer.
  752         (5)(a) Unless authorized by the Legislature or as provided
  753  in paragraph (b), a state agency may not:
  754         1. Create a new computing service or expand an existing
  755  computing service if that service has been designated as an
  756  enterprise information technology service.
  757         2. Spend funds before the state agency’s scheduled
  758  consolidation to an enterprise information technology service to
  759  purchase or modify hardware or operations software that does not
  760  comply with hardware and software standards established by the
  761  Agency for State Technology.
  762         3. Unless for the purpose of offsite disaster recovery
  763  services, transfer existing computing services to any service
  764  provider other than the Agency for State Technology.
  765         4. Terminate services with the Agency for State Technology
  766  without giving written notice of intent to terminate or transfer
  767  services 180 days before such termination or transfer.
  768         5. Initiate a new computing service with any service
  769  provider other than the Agency for State Technology if that
  770  service has been designated as an enterprise information
  771  technology service.
  772         (b) Exceptions to the limitations in subparagraphs (a)1.,
  773  2., 3., and 5. may be granted by the Agency for State Technology
  774  if there is insufficient capacity in the primary data centers to
  775  absorb the workload associated with agency computing services,
  776  expenditures are compatible with the scheduled consolidation and
  777  established standards, or the equipment or resources are needed
  778  to meet a critical state agency business need that cannot be
  779  satisfied from surplus equipment or resources of the primary
  780  data center until the state agency data center is consolidated.
  781         1. A request for an exception must be submitted in writing
  782  to the Agency for State Technology. The agency must accept,
  783  accept with conditions, or deny the request within 60 days after
  784  receipt of the written request. The agency’s decision is not
  785  subject to chapter 120.
  786         2. The Agency for State Technology may not approve a
  787  request unless, at a minimum, it includes:
  788         a. A detailed description of the capacity requirements of
  789  the state agency requesting the exception; and
  790         b. Documentation from the state agency head demonstrating
  791  why it is critical to the state agency’s mission that the
  792  expansion or transfer be completed within the fiscal year rather
  793  than when capacity is established at a primary data center.
  794         3. Exceptions to subparagraph (a)4. may be granted by the
  795  Agency for State Technology if the termination or transfer of
  796  services can be absorbed within the current cost-allocation
  797  plan.
  798         Section 7. Section 282.0056, Florida Statutes, is amended
  799  to read:
  800         282.0056 Development of strategic, information technology,
  801  and work plans; report development of work plan; development of
  802  implementation plans; and policy recommendations.—
  803         (1) STRATEGIC PLAN.—In order to provide a systematic
  804  process for meeting the state’s technology needs, the executive
  805  director of the Agency for State Technology shall develop a
  806  biennial state Information Technology Strategic Plan. The
  807  Governor and Cabinet shall approve the plan before transmitting
  808  it to the Legislature, biennially, beginning October 1, 2014.
  809  The plan must include the following elements:
  810         (a) The vision, goals, initiatives, and targets for state
  811  information technology for the short term of 2 years, midterm of
  812  3 to 5 years, and long term of more than 5 years.
  813         (b) An inventory of the information technology resources in
  814  state agencies and major projects currently in progress. As used
  815  in this section, the term “major project” means projects that
  816  cost more than a total of $1 million to implement.
  817         (c) An analysis of opportunities for statewide initiatives
  818  that would yield efficiencies, cost savings, or avoidance or
  819  improve effectiveness in state programs. The analysis must
  820  include:
  821         1. Information technology services that should be designed,
  822  delivered, and managed as enterprise information technology
  823  services; and
  824         2. Techniques for consolidating the purchase of information
  825  technology commodities and services that may result in savings
  826  for the state and for establishing a process to achieve savings
  827  through consolidated purchases.
  828         (d) Recommended initiatives based on the analysis in
  829  paragraph (c).
  830         (e) Implementation plans for enterprise information
  831  technology services that the agency recommends be established in
  832  law for the upcoming fiscal year. The implementation plans must
  833  describe the scope of the service, requirements analyses, costs
  834  and savings projects, and a project schedule for statewide
  835  implementation.
  836         (f)An enterprise information security strategic plan that
  837  includes security goals and objectives for information security
  838  policy, risk management, training, incident management, and
  839  survivability planning.
  840         (2) INFORMATION TECHNOLOGY PLAN.—
  841         (a) Each state agency shall, biennially, develop its own
  842  information technology plan that includes the information
  843  required under paragraph (1)(b). The Agency for State Technology
  844  shall consult with and assist state agencies in the preparation
  845  of these plans. Each state agency shall submit its plan to the
  846  agency biennially, beginning January 1, 2014.
  847         (b) For the purpose of completing its work activities, each
  848  state agency shall provide to the Agency for State Technology
  849  all requested information, including, but not limited to, the
  850  state agency’s costs, service requirements, staffing, and
  851  equipment inventories.
  852         (3)(1)ANNUAL WORK PLAN.—For the purposes of ensuring
  853  accountability for the duties and responsibilities of the
  854  executive director of the Agency for State Technology and the
  855  agency under ss. 14.206 and 282.0055, the executive director
  856  carrying out its responsibilities under s. 282.0055, the Agency
  857  for Enterprise Information Technology shall develop an annual
  858  work plan within 60 days after the beginning of the fiscal year
  859  describing the activities that the agency intends to undertake
  860  for that year which identifies the critical success factors,
  861  risks, and issues associated with the work planned. The work
  862  plan must also include planned including proposed outcomes and
  863  completion timeframes for the planning and implementation of all
  864  enterprise information technology services. The work plan must
  865  align with the state Information Technology Strategic Plan, be
  866  presented at a public hearing, be and approved by the Governor
  867  and Cabinet, and, thereafter, be submitted to the President of
  868  the Senate and the Speaker of the House of Representatives. The
  869  work plan may be amended as needed, subject to approval by the
  870  Governor and Cabinet.
  871         (2) The agency may develop and submit to the President of
  872  the Senate, the Speaker of the House of Representatives, and the
  873  Governor by October 1 of each year implementation plans for
  874  proposed enterprise information technology services to be
  875  established in law.
  876         (3) In developing policy recommendations and implementation
  877  plans for established and proposed enterprise information
  878  technology services, the agency shall describe the scope of
  879  operation, conduct costs and requirements analyses, conduct an
  880  inventory of all existing information technology resources that
  881  are associated with each service, and develop strategies and
  882  timeframes for statewide migration.
  883         (4) For the purpose of completing its work activities, each
  884  state agency shall provide to the agency all requested
  885  information, including, but not limited to, the state agency’s
  886  costs, service requirements, and equipment inventories.
  887         (4)(5)REPORT.—For the purpose of ensuring accountability
  888  for the duties and responsibilities of the executive director of
  889  the Agency for State Technology and the agency under ss. 14.206
  890  and 282.0055, within 60 days after the end of each fiscal year,
  891  the executive director agency shall report to the Governor and
  892  Cabinet, the President of the Senate, and the Speaker of the
  893  House of Representatives on what was achieved or not achieved in
  894  the prior year’s work plan.
  895         Section 8. Section 282.201, Florida Statutes, is amended to
  896  read:
  897         (Substantial rewording of section. See
  898         s. 282.201, F.S., for current text.)
  899         282.201 State data center system; agency duties and
  900  limitations.—A state data center system that includes all shared
  901  resource centers, primary data centers, and computing
  902  facilities, and that provides an enterprise information
  903  technology service, is established.
  904         (1) INTENT.—The Legislature finds that the most efficient
  905  and effective means of providing quality utility data processing
  906  services to state agencies requires that computing resources be
  907  concentrated in quality facilities that provide the proper
  908  security, infrastructure, and staff resources in order to ensure
  909  that the state’s data is maintained reliably and safely and is
  910  recoverable in the event of a disaster. Efficiencies resulting
  911  from such consolidation include increased ability to leverage
  912  technological expertise and hardware and software capabilities;
  913  increased savings through consolidated purchasing decisions; and
  914  enhanced ability to deploy technology improvements and implement
  915  new policies consistently throughout the consolidated
  916  organization. Therefore, it is the intent of the Legislature
  917  that state agency data centers and computing facilities be
  918  consolidated into the Agency for State Technology to the maximum
  919  extent possible by June 30, 2019.
  920         (2) AGENCY FOR STATE TECHNOLOGY DUTIES.—
  921         (a) The agency shall, by October 1, 2013, provide
  922  recommendations to the Governor and Cabinet for approving,
  923  confirming, and removing shared resource center or primary data
  924  center designation. Upon approval, existing designations shall
  925  be deemed obsolete.
  926         (b) The agency shall establish a schedule for the
  927  consolidation of state agency data centers subject to review and
  928  approval by the Governor and Cabinet. The schedule or transition
  929  plan must be provided by October 1, 2014, and be updated
  930  annually until consolidation is complete. The schedule must be
  931  based on the goals of maximizing the efficiency and quality of
  932  service delivery and cost savings.
  933         (3) STATE AGENCY DUTIES.—
  934         (a) A state agency that is consolidating agency data
  935  centers into a shared resource center must execute a new or
  936  update an existing memorandum of understanding within 60 days
  937  after the specified consolidation date, as required by s.
  938  282.203, in order to specify the services and levels of service
  939  it is to receive from the shared resource center as a result of
  940  the consolidation. If a state agency is unable to execute a
  941  memorandum of understanding by that date, the state agency shall
  942  submit a report to the Governor and Cabinet within 5 working
  943  days after that date which explains the specific issues
  944  preventing execution and describes its plan and schedule for
  945  resolving those issues.
  946         (b) On the date of each consolidation specified in general
  947  law or the General Appropriations Act, each state agency shall
  948  retain the least-privileged administrative access rights
  949  necessary to perform the duties not assigned to the primary data
  950  centers.
  951         (4) SCHEDULE FOR CONSOLIDATIONS OF STATE AGENCY DATA
  952  CENTERS.—Consolidations of agency data centers shall be
  953  suspended for the 2013-2014 fiscal year. Consolidations shall
  954  resume during the 2014-2015 fiscal year based upon a revised
  955  schedule developed by the agency.
  956         Section 9. Section 282.203, Florida Statutes, is amended to
  957  read:
  958         (Substantial rewording of section. See
  959         s. 282.203, F.S., for current text.)
  960         282.203 Shared resource centers; duties.—
  961         (1) Each shared resource center shall:
  962         (a) Serve participating state agencies as an information
  963  system utility.
  964         (b) Cooperate with participating state agencies to offer,
  965  develop, and support the services and applications.
  966         (c) Comply with rules adopted by the Agency for State
  967  Technology, pursuant to this section, and coordinate with the
  968  agency in the consolidation of data centers.
  969         (d) Provide transparent financial statements to
  970  participating state agencies.
  971         (e) Assume the least-privileged administrative access
  972  rights necessary to perform the services provided by the data
  973  center for the software and equipment that is consolidated into
  974  a primary data center.
  975         (2) Each shared resource center shall enter into a
  976  memorandum of understanding with each participating state agency
  977  to provide services.
  978         (a) A memorandum of understanding may not have a term
  979  exceeding 3 years but may include an option to renew for up to 3
  980  years.
  981         (b) The failure to execute a memorandum of understanding
  982  within 60 days after service commencement shall, in the case of
  983  a participating state agency, result in a continuation of the
  984  terms of the memorandum of understanding from the previous
  985  fiscal year, including any amendments that were formally
  986  proposed to the state agency by the shared resource center
  987  within the 3 months before service commencement, and a revised
  988  cost-of-service estimate. If a participating state agency fails
  989  to execute a memorandum of understanding within 60 days after
  990  service commencement, the shared resource center may cease
  991  services.
  992         Section 10. Section 282.204, Florida Statutes, is repealed.
  993         Section 11. Section 282.205, Florida Statutes, is repealed.
  994         Section 12. Section 282.206, Florida Statutes, is created
  995  to read:
  996         282.206Fletcher Shared Resource Center.—The Fletcher
  997  Shared Resource Center is established within the Department of
  998  Financial Services.
  999         (1) The center shall collaborate with the Agency for State
 1000  Technology to develop policies, procedures, standards, and rules
 1001  for the delivery of enterprise information technology services.
 1002         (2) The center shall provide colocation services to the
 1003  Department of Legal Affairs and the Department of Agriculture
 1004  and Consumer Services if data center equipment is moved pursuant
 1005  to subsections (5) or (6).
 1006         (3) The Department of Financial Services shall use the
 1007  Fletcher Shared Resource Center, provide full service to the
 1008  Office of Financial Regulation and the Office of Insurance
 1009  Regulation, and host the Legislative Appropriations
 1010  System/Planning and Budgeting Subsystem (LAS/PBS).
 1011         (4) The center shall be governed through a master
 1012  memorandum of understanding administered by a steering committee
 1013  comprised of the chief information officers of the Department of
 1014  Legal Affairs, the Department of Agriculture and Consumer
 1015  Services, and the Department of Financial Services. The steering
 1016  committee shall meet quarterly to ensure that customers are
 1017  receiving expected services in accordance with the memorandum of
 1018  understanding and to discuss services and structure. The
 1019  committee may create ad hoc workgroups to account for, mitigate,
 1020  and manage any unforeseen issues.
 1021         (5) The Department of Legal Affairs may move its data
 1022  center equipment to the center by June 30, 2015.
 1023         (6) The Department of Agriculture and Consumer Services may
 1024  move its Mayo Building data center equipment to the center by
 1025  June 30, 2015.
 1026         Section 13. Subsections (3), (4), (5), and (6) of section
 1027  282.318, Florida Statutes, are amended to read:
 1028         282.318 Enterprise security of data and information
 1029  technology.—
 1030         (3) The Agency for State Enterprise Information Technology
 1031  is responsible for establishing rules and publishing guidelines
 1032  for ensuring an appropriate level of security for all state
 1033  agency data and information technology resources for, with the
 1034  exception of the Department of Agriculture and Consumer
 1035  Services, the Department of Financial Services, and the
 1036  Department of Legal Affairs executive branch agencies. The
 1037  agency shall also perform the following duties and
 1038  responsibilities:
 1039         (a) Develop, and annually update by February 1, an
 1040  enterprise information security strategic plan that includes
 1041  security goals and objectives for the strategic issues of
 1042  information security policy, risk management, training, incident
 1043  management, and survivability planning.
 1044         (b) Develop enterprise security rules and published
 1045  guidelines for:
 1046         1. Comprehensive risk analyses and information security
 1047  audits conducted by state agencies.
 1048         2. Responding to suspected or confirmed information
 1049  security incidents, including suspected or confirmed breaches of
 1050  personal information or exempt data.
 1051         3. Agency security plans, including strategic security
 1052  plans and security program plans.
 1053         4. The recovery of information technology and data
 1054  following a disaster.
 1055         5. The managerial, operational, and technical safeguards
 1056  for protecting state government data and information technology
 1057  resources.
 1058         (c) Assist agencies in complying with the provisions of
 1059  this section.
 1060         (d) Pursue appropriate funding for the purpose of enhancing
 1061  domestic security.
 1062         (e) Provide training for agency information security
 1063  managers.
 1064         (f) Annually review the strategic and operational
 1065  information security plans of executive branch agencies.
 1066         (4) To assist the Agency for State Enterprise Information
 1067  Technology in carrying out its responsibilities, each state
 1068  agency head shall, at a minimum:
 1069         (a) Designate an information security manager to administer
 1070  the security program of the state agency for its data and
 1071  information technology resources. This designation must be
 1072  provided annually in writing to the agency for Enterprise
 1073  Information Technology by January 1.
 1074         (b) Submit to the agency for Enterprise Information
 1075  Technology annually by July 31, the state agency’s comprehensive
 1076  strategic and operational information security plans developed
 1077  pursuant to the rules and guidelines established by the agency
 1078  for Enterprise Information Technology.
 1079         1. The state agency comprehensive strategic information
 1080  security plan must cover a 3-year period and define security
 1081  goals, intermediate objectives, and projected agency costs for
 1082  the strategic issues of agency information security policy, risk
 1083  management, security training, security incident response, and
 1084  survivability. The plan must be based on the enterprise
 1085  strategic information security plan created by the agency for
 1086  Enterprise Information Technology. Additional issues may be
 1087  included.
 1088         2. The state agency operational information security plan
 1089  must include a progress report for the prior operational
 1090  information security plan and a project plan that includes
 1091  activities, timelines, and deliverables for security objectives
 1092  that, subject to current resources, the state agency will
 1093  implement during the current fiscal year. The cost of
 1094  implementing the portions of the plan which cannot be funded
 1095  from current resources must be identified in the plan.
 1096         (c) Conduct, and update every 3 years, a comprehensive risk
 1097  analysis to determine the security threats to the data,
 1098  information, and information technology resources of the state
 1099  agency. The risk analysis information is confidential and exempt
 1100  from the provisions of s. 119.07(1), except that such
 1101  information shall be available to the Auditor General and the
 1102  agency for Enterprise Information Technology for performing
 1103  postauditing duties.
 1104         (d) Develop, and periodically update, written internal
 1105  policies and procedures that, which include procedures for
 1106  notifying the agency for Enterprise Information Technology when
 1107  a suspected or confirmed breach, or an information security
 1108  incident, occurs. Such policies and procedures must be
 1109  consistent with the rules and guidelines established by the
 1110  agency for Enterprise Information Technology to ensure the
 1111  security of the data, information, and information technology
 1112  resources of the state agency. The internal policies and
 1113  procedures that, if disclosed, could facilitate the unauthorized
 1114  modification, disclosure, or destruction of data or information
 1115  technology resources are confidential information and exempt
 1116  from s. 119.07(1), except that such information shall be
 1117  available to the Auditor General and the Agency for State
 1118  Enterprise Information Technology for performing postauditing
 1119  duties.
 1120         (e) Implement appropriate cost-effective safeguards to
 1121  address identified risks to the data, information, and
 1122  information technology resources of the state agency.
 1123         (f) Ensure that periodic internal audits and evaluations of
 1124  the state agency’s security program for the data, information,
 1125  and information technology resources of the state agency are
 1126  conducted. The results of such audits and evaluations are
 1127  confidential information and exempt from s. 119.07(1), except
 1128  that such information shall be available to the Auditor General
 1129  and the agency for Enterprise Information Technology for
 1130  performing postauditing duties.
 1131         (g) Include appropriate security requirements in the
 1132  written specifications for the solicitation of information
 1133  technology and information technology resources and services,
 1134  which are consistent with the rules and guidelines established
 1135  by the agency for Enterprise Information Technology.
 1136         (h) Provide security awareness training to employees and
 1137  users of the state agency’s communication and information
 1138  resources concerning information security risks and the
 1139  responsibility of employees and users to comply with policies,
 1140  standards, guidelines, and operating procedures adopted by the
 1141  state agency to reduce those risks.
 1142         (i) Develop a process for detecting, reporting, and
 1143  responding to suspected or confirmed security incidents,
 1144  including suspected or confirmed breaches consistent with the
 1145  security rules and guidelines established by the agency for
 1146  Enterprise Information Technology.
 1147         1. Suspected or confirmed information security incidents
 1148  and breaches must be immediately reported to the agency for
 1149  Enterprise Information Technology.
 1150         2. For incidents involving breaches, agencies shall provide
 1151  notice in accordance with s. 817.5681 and to the agency for
 1152  Enterprise Information Technology in accordance with this
 1153  subsection.
 1154         (5) Each state agency shall include appropriate security
 1155  requirements in the specifications for the solicitation of
 1156  contracts for procuring information technology or information
 1157  technology resources or services which are consistent with the
 1158  rules and guidelines established by the agency for Enterprise
 1159  Information Technology.
 1160         (5)(6) The Agency for State Enterprise Information
 1161  Technology may adopt rules relating to information security and
 1162  to administer the provisions of this section.
 1163         Section 14. Section 282.33, Florida Statutes, is repealed.
 1164         Section 15. Section 282.34, Florida Statutes, is repealed.
 1165         Section 16. Section 282.702, Florida Statutes, is amended
 1166  to read:
 1167         282.702 Powers and duties.—The Agency for State Technology
 1168  Department of Management Services shall have the following
 1169  powers, duties, and functions:
 1170         (1) To publish electronically the portfolio of services
 1171  available from the agency department, including pricing
 1172  information; the policies and procedures governing usage of
 1173  available services; and a forecast of the agency’s department’s
 1174  priorities for each telecommunications service.
 1175         (2) To adopt technical standards by rule for the state
 1176  telecommunications network which ensure the interconnection and
 1177  operational security of computer networks, telecommunications,
 1178  and information systems of agencies.
 1179         (3) To enter into agreements related to information
 1180  technology and telecommunications services with state agencies
 1181  and political subdivisions of the state.
 1182         (4) To purchase from or contract with information
 1183  technology providers for information technology, including
 1184  private line services.
 1185         (5) To apply for, receive, and hold authorizations,
 1186  patents, copyrights, trademarks, service marks, licenses, and
 1187  allocations or channels and frequencies to carry out the
 1188  purposes of this part.
 1189         (6) To purchase, lease, or otherwise acquire and to hold,
 1190  sell, transfer, license, or otherwise dispose of real, personal,
 1191  and intellectual property, including, but not limited to,
 1192  patents, trademarks, copyrights, and service marks.
 1193         (7) To cooperate with any federal, state, or local
 1194  emergency management agency in providing for emergency
 1195  telecommunications services.
 1196         (8) To control and approve the purchase, lease, or
 1197  acquisition and the use of telecommunications services,
 1198  software, circuits, and equipment provided as part of any other
 1199  total telecommunications system to be used by the state or its
 1200  agencies.
 1201         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
 1202  relating to telecommunications and to administer the provisions
 1203  of this part.
 1204         (10) To apply for and accept federal funds for the purposes
 1205  of this part as well as gifts and donations from individuals,
 1206  foundations, and private organizations.
 1207         (11) To monitor issues relating to telecommunications
 1208  facilities and services before the Florida Public Service
 1209  Commission and the Federal Communications Commission and, if
 1210  necessary, prepare position papers, prepare testimony, appear as
 1211  a witness, and retain witnesses on behalf of state agencies in
 1212  proceedings before the commissions.
 1213         (12) Unless delegated to the state agencies by the agency
 1214  department, to manage and control, but not intercept or
 1215  interpret, telecommunications within the SUNCOM Network by:
 1216         (a) Establishing technical standards to physically
 1217  interface with the SUNCOM Network.
 1218         (b) Specifying how telecommunications are transmitted
 1219  within the SUNCOM Network.
 1220         (c) Controlling the routing of telecommunications within
 1221  the SUNCOM Network.
 1222         (d) Establishing standards, policies, and procedures for
 1223  access to and the security of the SUNCOM Network.
 1224         (e) Ensuring orderly and reliable telecommunications
 1225  services in accordance with the service level agreements
 1226  executed with state agencies.
 1227         (13) To plan, design, and conduct experiments for
 1228  telecommunications services, equipment, and technologies, and to
 1229  implement enhancements in the state telecommunications network
 1230  if in the public interest and cost-effective. Funding for such
 1231  experiments must be derived from SUNCOM Network service revenues
 1232  and may not exceed 2 percent of the annual budget for the SUNCOM
 1233  Network for any fiscal year or as provided in the General
 1234  Appropriations Act. New services offered as a result of this
 1235  subsection may not affect existing rates for facilities or
 1236  services.
 1237         (14) To enter into contracts or agreements, with or without
 1238  competitive bidding or procurement, to make available, on a
 1239  fair, reasonable, and nondiscriminatory basis, property and
 1240  other structures under agency departmental control for the
 1241  placement of new facilities by any wireless provider of mobile
 1242  service as defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
 1243  telecommunications company as defined in s. 364.02 if it is
 1244  practical and feasible to make such property or other structures
 1245  available. The agency department may, without adopting a rule,
 1246  charge a just, reasonable, and nondiscriminatory fee for the
 1247  placement of the facilities, payable annually, based on the fair
 1248  market value of space used by comparable telecommunications
 1249  facilities in the state. The agency department and a wireless
 1250  provider or telecommunications company may negotiate the
 1251  reduction or elimination of a fee in consideration of services
 1252  provided to the agency department by the wireless provider or
 1253  telecommunications company. All such fees collected by the
 1254  agency department shall be deposited directly into the Law
 1255  Enforcement Radio Operating Trust Fund, and may be used by the
 1256  agency department to construct, maintain, or support the system.
 1257         (15) Establish policies that ensure that the agency’s
 1258  department’s cost-recovery methodologies, billings, receivables,
 1259  expenditures, budgeting, and accounting data are captured and
 1260  reported timely, consistently, accurately, and transparently and
 1261  are in compliance with all applicable federal and state laws and
 1262  rules. The agency department shall annually submit a report to
 1263  the Governor, Cabinet, the President of the Senate, and the
 1264  Speaker of the House of Representatives a report that describes
 1265  each service and its cost, the billing methodology for
 1266  recovering the cost of the service, and, if applicable, the
 1267  identity of those services that are subsidized.
 1268         Section 17. Subsection (2) of section 20.22, Florida
 1269  Statutes, is amended to read:
 1270         20.22 Department of Management Services.—There is created a
 1271  Department of Management Services.
 1272         (2) The following divisions and programs are established
 1273  within the Department of Management Services are established:
 1274         (a) Facilities Program.
 1275         (b) Technology Program.
 1276         (b)(c) Workforce Program.
 1277         (c)(d)1. Support Program.
 1278         (d)2. Federal Property Assistance Program.
 1279         (e) Administration Program.
 1280         (f) Division of Administrative Hearings.
 1281         (g) Division of Retirement.
 1282         (h) Division of State Group Insurance.
 1283         Section 18. Paragraph (e) of subsection (2) of section
 1284  110.205, Florida Statutes, is amended to read:
 1285         110.205 Career service; exemptions.—
 1286         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1287  covered by this part include the following:
 1288         (e) The executive director of Chief Information Officer in
 1289  the Agency for State Enterprise Information Technology. Unless
 1290  otherwise fixed by law, the Governor and Cabinet Agency for
 1291  Enterprise Information Technology shall set the salary and
 1292  benefits of this position in accordance with the rules of the
 1293  Senior Management Service.
 1294         Section 19. Paragraph (o) of subsection (1) of section
 1295  215.22, Florida Statutes, is amended to read:
 1296         215.22 Certain income and certain trust funds exempt.—
 1297         (1) The following income of a revenue nature or the
 1298  following trust funds shall be exempt from the appropriation
 1299  required by s. 215.20(1):
 1300         (o) The Communications Working Capital Trust Fund of the
 1301  Agency for State Technology Department of Management Services.
 1302         Section 20. Subsections (2) and (9) of section 215.322,
 1303  Florida Statutes, are amended to read:
 1304         215.322 Acceptance of credit cards, charge cards, debit
 1305  cards, or electronic funds transfers by state agencies, units of
 1306  local government, and the judicial branch.—
 1307         (2) A state agency as defined in s. 216.011, or the
 1308  judicial branch, may accept credit cards, charge cards, debit
 1309  cards, or electronic funds transfers in payment for goods and
 1310  services with the prior approval of the Chief Financial Officer.
 1311  If the Internet or other related electronic methods are to be
 1312  used as the collection medium, the Agency for State Enterprise
 1313  Information Technology shall review and recommend to the Chief
 1314  Financial Officer whether to approve the request with regard to
 1315  the process or procedure to be used.
 1316         (9) For payment programs in which credit cards, charge
 1317  cards, or debit cards are accepted by state agencies, the
 1318  judicial branch, or units of local government, the Chief
 1319  Financial Officer, in consultation with the Agency for State
 1320  Enterprise Information Technology, may adopt rules to establish
 1321  uniform security safeguards for cardholder data and to ensure
 1322  compliance with the Payment Card Industry Data Security
 1323  Standards.
 1324         Section 21. Paragraph (c) of subsection (6) of section
 1325  216.292, Florida Statutes, is amended to read:
 1326         216.292 Appropriations nontransferable; exceptions.—
 1327         (6) The Chief Financial Officer shall transfer from any
 1328  available funds of an agency or the judicial branch the
 1329  following amounts and shall report all such transfers and the
 1330  reasons therefor to the legislative appropriations committees
 1331  and the Executive Office of the Governor:
 1332         (c) The amount due to the Communications Working Capital
 1333  Trust Fund from moneys appropriated in the General
 1334  Appropriations Act for the purpose of paying for services
 1335  provided by the state communications system in the Agency for
 1336  State Technology Department of Management Services which are is
 1337  unpaid 45 days after the billing date. The amount transferred
 1338  shall be that billed by the agency department.
 1339         Section 22. Section 282.604, Florida Statutes, is amended
 1340  to read:
 1341         282.604 Adoption of rules.—The Agency for State Technology
 1342  Department of Management Services shall, with input from
 1343  stakeholders, adopt rules pursuant to ss. 120.536(1) and 120.54
 1344  for the development, procurement, maintenance, and use of
 1345  accessible electronic information technology by governmental
 1346  units.
 1347         Section 23. Section 282.703, Florida Statutes, is amended
 1348  to read:
 1349         282.703 SUNCOM Network; exemptions from the required use.—
 1350         (1) The SUNCOM Network is established within the Agency for
 1351  State Technology department as the state enterprise
 1352  telecommunications system for providing local and long-distance
 1353  communications services to state agencies, political
 1354  subdivisions of the state, municipalities, and nonprofit
 1355  corporations pursuant to this part. The SUNCOM Network shall be
 1356  developed to transmit all types of telecommunications signals,
 1357  including, but not limited to, voice, data, video, image, and
 1358  radio. State agencies shall cooperate and assist in the
 1359  development and joint use of telecommunications systems and
 1360  services.
 1361         (2) The Agency for State Technology department shall
 1362  design, engineer, implement, manage, and operate through state
 1363  ownership, commercial leasing, contracted services, or some
 1364  combination thereof, the facilities, equipment, and contracts
 1365  providing SUNCOM Network services, and shall develop a system of
 1366  equitable billings and charges for telecommunications services.
 1367         (3) The Agency for State Technology department shall own,
 1368  manage, and establish standards for the telecommunications
 1369  addressing and numbering plans for the SUNCOM Network. This
 1370  includes distributing or revoking numbers and addresses to
 1371  authorized users of the network and delegating or revoking the
 1372  delegation of management of subsidiary groups of numbers and
 1373  addresses to authorized users of the network.
 1374         (4) The Agency for State Technology department shall
 1375  maintain a directory of information and services which provides
 1376  the names, phone numbers, and email e-mail addresses for
 1377  employees, state agencies, and network devices that are served,
 1378  in whole or in part, by the SUNCOM Network. State agencies and
 1379  political subdivisions of the state shall cooperate with the
 1380  agency department by providing timely and accurate directory
 1381  information in the manner established by the agency department.
 1382         (5) All state agencies shall use the SUNCOM Network for
 1383  state agency telecommunications services as the services become
 1384  available; however, a state an agency is not relieved of
 1385  responsibility for maintaining telecommunications services
 1386  necessary for effective management of its programs and
 1387  functions. The agency department may provide such communications
 1388  services to a state university if requested by the university.
 1389         (a) If a SUNCOM Network service does not meet the
 1390  telecommunications requirements of a state an agency, the state
 1391  agency must notify the Agency for State Technology department in
 1392  writing and detail the requirements for that service. If the
 1393  agency department is unable to meet a state an agency’s
 1394  requirements by enhancing SUNCOM Network service, the agency
 1395  department may grant the state agency an exemption from the
 1396  required use of specified SUNCOM Network services.
 1397         (b) Unless an exemption has been granted by the agency
 1398  department, effective October 1, 2010, all customers of a shared
 1399  resource state primary data center, excluding state
 1400  universities, must use the shared SUNCOM Network
 1401  telecommunications services connecting the shared resource state
 1402  primary data center to SUNCOM services for all
 1403  telecommunications needs in accordance with agency department
 1404  rules.
 1405         1. Upon discovery of customer noncompliance with this
 1406  paragraph, the agency department shall provide the affected
 1407  customer with a schedule for transferring to the shared
 1408  telecommunications services provided by the SUNCOM Network and
 1409  an estimate of all associated costs. The shared resource state
 1410  primary data centers and their customers shall cooperate with
 1411  the agency department to accomplish the transfer.
 1412         2. Customers may request an exemption from this paragraph
 1413  in the same manner as authorized in paragraph (a).
 1414         (6) This section may not be construed to require a state
 1415  university to use SUNCOM Network communication services.
 1416         Section 24. Section 282.704, Florida Statutes, is amended
 1417  to read:
 1418         282.704 Use of state SUNCOM Network by municipalities.—Any
 1419  municipality may request the Agency for State Technology
 1420  department to provide any or all of the SUNCOM Network’s
 1421  portfolio of communications services upon such terms and
 1422  conditions as the agency department may establish. The
 1423  requesting municipality shall pay its share of installation and
 1424  recurring costs according to the published rates for SUNCOM
 1425  Network services and as invoiced by the agency department. Such
 1426  municipality shall also pay for any requested modifications to
 1427  existing SUNCOM Network services, if any charges apply.
 1428         Section 25. Section 282.705, Florida Statutes, is amended
 1429  to read:
 1430         282.705 Use of state SUNCOM Network by nonprofit
 1431  corporations.—
 1432         (1) The Agency for State Technology department shall
 1433  provide a means whereby private nonprofit corporations under
 1434  contract with state agencies or political subdivisions of the
 1435  state may use the state SUNCOM Network, subject to the
 1436  limitations in this section. In order to qualify to use the
 1437  state SUNCOM Network, a nonprofit corporation shall:
 1438         (a) Expend the majority of its total direct revenues for
 1439  the provision of contractual services to the state, a
 1440  municipality, or a political subdivision; and
 1441         (b) Receive only a small portion of its total revenues from
 1442  any source other than a state agency, a municipality, or a
 1443  political subdivision during the time SUNCOM Network services
 1444  are requested.
 1445         (2) Each nonprofit corporation seeking authorization to use
 1446  the state SUNCOM Network shall provide to the agency department,
 1447  upon request, proof of compliance with subsection (1).
 1448         (3) Nonprofit corporations established pursuant to general
 1449  law and an association of municipal governments which is wholly
 1450  owned by the municipalities are eligible to use the state SUNCOM
 1451  Network, subject to the terms and conditions of the agency
 1452  department.
 1453         (4) Institutions qualified to participate in the William L.
 1454  Boyd, IV, Florida Resident Access Grant Program pursuant to s.
 1455  1009.89 are eligible to use the state SUNCOM Network, subject to
 1456  the terms and conditions of the agency department. Such entities
 1457  are not required to satisfy the other criteria of this section.
 1458         (5) Private, nonprofit elementary and secondary schools are
 1459  eligible for rates and services on the same basis as public
 1460  schools if such schools do not have an endowment in excess of
 1461  $50 million.
 1462         Section 26. Section 282.706, Florida Statutes, is amended
 1463  to read:
 1464         282.706 Use of SUNCOM Network by libraries.—The Agency for
 1465  State Technology department may provide SUNCOM Network services
 1466  to any library in the state, including libraries in public
 1467  schools, community colleges, state universities, and nonprofit
 1468  private postsecondary educational institutions, and libraries
 1469  owned and operated by municipalities and political subdivisions.
 1470  This section may not be construed to require a state university
 1471  library to use SUNCOM Network services.
 1472         Section 27. Section 282.707, Florida Statutes, is amended
 1473  to read:
 1474         282.707 SUNCOM Network; criteria for usage.—
 1475         (1) The Agency for State Technology department and
 1476  customers served by the agency department shall periodically
 1477  review the qualifications of subscribers using the state SUNCOM
 1478  Network and terminate services provided to a facility not
 1479  qualified under this part or rules adopted hereunder. In the
 1480  event of nonpayment of invoices by subscribers whose SUNCOM
 1481  Network invoices are paid from sources other than legislative
 1482  appropriations, such nonpayment represents good and sufficient
 1483  reason to terminate service.
 1484         (2) The Agency for State Technology department shall adopt
 1485  rules for implementing and operating the state SUNCOM Network,
 1486  which include procedures for withdrawing and restoring
 1487  authorization to use the state SUNCOM Network. Such rules shall
 1488  provide a minimum of 30 days’ notice to affected parties before
 1489  terminating voice communications service.
 1490         (3) This section does not limit or restrict the ability of
 1491  the Florida Public Service Commission to set jurisdictional
 1492  tariffs of telecommunications companies.
 1493         Section 28. Section 282.709, Florida Statutes, is amended
 1494  to read:
 1495         282.709 State agency law enforcement radio system and
 1496  interoperability network.—
 1497         (1) The Agency for State Technology department may acquire
 1498  and administer a statewide radio communications system to serve
 1499  law enforcement units of state agencies, and to serve local law
 1500  enforcement agencies through mutual aid channels.
 1501         (a) The agency department shall, in conjunction with the
 1502  Department of Law Enforcement and the Division of Emergency
 1503  Management, establish policies, procedures, and standards to be
 1504  incorporated into a comprehensive management plan for the use
 1505  and operation of the statewide radio communications system.
 1506         (b) The agency department shall bear the overall
 1507  responsibility for the design, engineering, acquisition, and
 1508  implementation of the statewide radio communications system and
 1509  for ensuring the proper operation and maintenance of all common
 1510  system equipment.
 1511         (c)1. The agency department may rent or lease space on any
 1512  tower under its control and refuse to lease space on any tower
 1513  at any site.
 1514         2. The agency department may rent, lease, or sublease
 1515  ground space as necessary to locate equipment to support
 1516  antennae on the towers. The costs for the use of such space
 1517  shall be established by the agency department for each site if
 1518  it is determined to be practicable and feasible to make space
 1519  available.
 1520         3. The agency department may rent, lease, or sublease
 1521  ground space on lands acquired by the agency department for the
 1522  construction of privately owned or publicly owned towers. The
 1523  agency department may, as a part of such rental, lease, or
 1524  sublease agreement, require space on such towers for antennae as
 1525  necessary for the construction and operation of the state agency
 1526  law enforcement radio system or any other state need.
 1527         4. All moneys collected by the agency department for rents,
 1528  leases, and subleases under this subsection shall be deposited
 1529  directly into the State Agency Law Enforcement Radio System
 1530  Trust Fund established in subsection (3) and may be used by the
 1531  agency department to construct, maintain, or support the system.
 1532         5. The positions necessary for the agency department to
 1533  accomplish its duties under this subsection shall be established
 1534  in the General Appropriations Act and funded by the Law
 1535  Enforcement Radio Operating Trust Fund or other revenue sources.
 1536         (d) The agency department shall exercise its powers and
 1537  duties under this part to plan, manage, and administer the
 1538  mutual aid channels in the statewide radio communication system.
 1539         1. In implementing such powers and duties, the agency
 1540  department shall consult and act in conjunction with the
 1541  Department of Law Enforcement and the Division of Emergency
 1542  Management, and shall manage and administer the mutual aid
 1543  channels in a manner that reasonably addresses the needs and
 1544  concerns of the involved law enforcement agencies and emergency
 1545  response agencies and entities.
 1546         2. The agency department may make the mutual aid channels
 1547  available to federal agencies, state agencies, and agencies of
 1548  the political subdivisions of the state for the purpose of
 1549  public safety and domestic security.
 1550         (e) The agency department may allow other state agencies to
 1551  use the statewide radio communications system under terms and
 1552  conditions established by the agency department.
 1553         (2) The Joint Task Force on State Agency Law Enforcement
 1554  Communications is created adjunct to the Agency for State
 1555  Technology department to advise the agency department of member
 1556  agency needs relating to the planning, designing, and
 1557  establishment of the statewide communication system.
 1558         (a) The Joint Task Force on State Agency Law Enforcement
 1559  Communications shall consist of the following members:
 1560         1. A representative of the Division of Alcoholic Beverages
 1561  and Tobacco of the Department of Business and Professional
 1562  Regulation who shall be appointed by the secretary of the
 1563  department.
 1564         2. A representative of the Division of Florida Highway
 1565  Patrol of the Department of Highway Safety and Motor Vehicles
 1566  who shall be appointed by the executive director of the
 1567  department.
 1568         3. A representative of the Department of Law Enforcement
 1569  who shall be appointed by the executive director of the
 1570  department.
 1571         4. A representative of the Fish and Wildlife Conservation
 1572  Commission who shall be appointed by the executive director of
 1573  the commission.
 1574         5. A representative of the Department of Corrections who
 1575  shall be appointed by the secretary of the department.
 1576         6. A representative of the Division of State Fire Marshal
 1577  of the Department of Financial Services who shall be appointed
 1578  by the State Fire Marshal.
 1579         7. A representative of the Department of Transportation who
 1580  shall be appointed by the secretary of the department.
 1581         (b) Each appointed member of the joint task force shall
 1582  serve at the pleasure of the appointing official. Any vacancy on
 1583  the joint task force shall be filled in the same manner as the
 1584  original appointment. A joint task force member may, upon
 1585  notification to the chair before the beginning of any scheduled
 1586  meeting, appoint an alternative to represent the member on the
 1587  task force and vote on task force business in his or her
 1588  absence.
 1589         (c) The joint task force shall elect a chair from among its
 1590  members to serve a 1-year term. A vacancy in the chair of the
 1591  joint task force must be filled for the remainder of the
 1592  unexpired term by an election of the joint task force members.
 1593         (d) The joint task force shall meet as necessary, but at
 1594  least quarterly, at the call of the chair and at the time and
 1595  place designated by him or her.
 1596         (e) The per diem and travel expenses incurred by a member
 1597  of the joint task force in attending its meetings and in
 1598  attending to its affairs shall be paid pursuant to s. 112.061,
 1599  from funds budgeted to the state agency that the member
 1600  represents.
 1601         (f) The agency department shall provide technical support
 1602  to the joint task force.
 1603         (3)(a) The State Agency Law Enforcement Radio System Trust
 1604  Fund is established in the Agency for State Technology
 1605  department and funded from surcharges collected under ss.
 1606  318.18, 320.0802, and 328.72. Upon appropriation, moneys in the
 1607  trust fund may be used by the agency department to acquire by
 1608  competitive procurement the equipment, software, and
 1609  engineering, administrative, and maintenance services it needs
 1610  to construct, operate, and maintain the statewide radio system.
 1611  Moneys in the trust fund from surcharges shall be used to help
 1612  fund the costs of the system. Upon completion of the system,
 1613  moneys in the trust fund may also be used by the agency for
 1614  paying department for payment of the recurring maintenance costs
 1615  of the system.
 1616         (b) Funds from the State Agency Law Enforcement Radio
 1617  System Trust Fund may be used by the agency department to fund
 1618  mutual aid buildout maintenance and sustainment and the
 1619  interoperability network created under subsection (4) as
 1620  appropriated by law. This paragraph expires July 1, 2013.
 1621         (4) The Agency for State Technology department may create
 1622  and administer an interoperability network to enable
 1623  interoperability between various radio communications
 1624  technologies and to serve federal agencies, state agencies, and
 1625  agencies of political subdivisions of the state for the purpose
 1626  of public safety and domestic security.
 1627         (a) The agency department shall, in conjunction with the
 1628  Department of Law Enforcement and the Division of Emergency
 1629  Management, exercise its powers and duties pursuant to this
 1630  chapter to plan, manage, and administer the interoperability
 1631  network. The agency office may:
 1632         1. Enter into mutual aid agreements among federal agencies,
 1633  state agencies, and political subdivisions of the state for the
 1634  use of the interoperability network.
 1635         2. Establish the cost of maintenance and operation of the
 1636  interoperability network and charge subscribing federal and
 1637  local law enforcement agencies for access and use of the
 1638  network. The agency department may not charge state law
 1639  enforcement agencies identified in paragraph (2)(a) to use the
 1640  network.
 1641         3. In consultation with the Department of Law Enforcement
 1642  and the Division of Emergency Management, amend and enhance the
 1643  statewide radio communications system as necessary to implement
 1644  the interoperability network.
 1645         (b) The agency department, in consultation with the Joint
 1646  Task Force on State Agency Law Enforcement Communications, and
 1647  in conjunction with the Department of Law Enforcement and the
 1648  Division of Emergency Management, shall establish policies,
 1649  procedures, and standards to incorporate into a comprehensive
 1650  management plan for the use and operation of the
 1651  interoperability network.
 1652         Section 29. Section 282.7101, Florida Statutes, is amended
 1653  to read:
 1654         282.7101 Statewide system of regional law enforcement
 1655  communications.—
 1656         (1) It is the intent and purpose of the Legislature that a
 1657  statewide system of regional law enforcement communications be
 1658  developed whereby maximum efficiency in the use of existing
 1659  radio channels is achieved in order to deal more effectively
 1660  with the apprehension of criminals and the prevention of crime.
 1661  To this end, all law enforcement agencies within the state are
 1662  directed to provide the Agency for State Technology department
 1663  with any information the agency department requests for the
 1664  purpose of implementing the provisions of subsection (2).
 1665         (2) The Agency for State Technology department is hereby
 1666  authorized and directed to develop and maintain a statewide
 1667  system of regional law enforcement communications. In
 1668  formulating such a system, the agency department shall divide
 1669  the state into appropriate regions and shall develop a program
 1670  that includes, but is not limited to:
 1671         (a) The communications requirements for each county and
 1672  municipality comprising the region.
 1673         (b) An interagency communications provision that depicts
 1674  the communication interfaces between municipal, county, and
 1675  state law enforcement entities operating within the region.
 1676         (c) A frequency allocation and use provision that includes,
 1677  on an entity basis, each assigned and planned radio channel and
 1678  the type of operation, simplex, duplex, or half-duplex, on each
 1679  channel.
 1680         (3) The Agency for State Technology department shall adopt
 1681  any necessary rules and regulations for administering and
 1682  coordinating the statewide system of regional law enforcement
 1683  communications.
 1684         (4) The executive director secretary of the Agency for
 1685  State Technology department or his or her designee is designated
 1686  as the director of the statewide system of regional law
 1687  enforcement communications and, for the purpose of carrying out
 1688  the provisions of this section, may coordinate the activities of
 1689  the system with other interested state agencies and local law
 1690  enforcement agencies.
 1691         (5) A law enforcement communications system may not be
 1692  established or expanded without the prior approval of the Agency
 1693  for State Technology department.
 1694         (6) Within the limits of its capability, the Department of
 1695  Law Enforcement is encouraged to lend assistance to the Agency
 1696  for State Technology department in the development of the
 1697  statewide system of regional law enforcement communications
 1698  proposed by this section.
 1699         Section 30. Section 282.711, Florida Statutes, is amended
 1700  to read:
 1701         282.711 Remote electronic access services.—The Agency for
 1702  State Technology department may collect fees for providing
 1703  remote electronic access pursuant to s. 119.07(2). The fees may
 1704  be imposed on individual transactions or as a fixed subscription
 1705  for a designated period of time. All fees collected under this
 1706  section shall be deposited in the appropriate trust fund of the
 1707  program or activity that made the remote electronic access
 1708  available.
 1709         Section 31. Subsection (14) of section 287.012, Florida
 1710  Statutes, is amended to read:
 1711         287.012 Definitions.—As used in this part, the term:
 1712         (14) “Information technology” means equipment, hardware,
 1713  software, firmware, programs, systems, networks, infrastructure,
 1714  media, and related material used to automatically,
 1715  electronically, and wirelessly collect, receive, access,
 1716  transmit, display, store, record, retrieve, analyze, evaluate,
 1717  process, classify, manipulate, manage, assimilate, control,
 1718  communicate, exchange, convert, converge, interface, switch, or
 1719  disseminate information of any kind or form has the meaning
 1720  ascribed in s. 282.0041.
 1721         Section 32. Subsection (22) of section 287.057, Florida
 1722  Statutes, is amended to read:
 1723         287.057 Procurement of commodities or contractual
 1724  services.—
 1725         (22) The department, in consultation with the Agency for
 1726  State Enterprise Information Technology and the Chief Financial
 1727  Officer Comptroller, shall develop a program for online
 1728  procurement of commodities and contractual services. To enable
 1729  the state to promote open competition and to leverage its buying
 1730  power, agencies shall participate in the online procurement
 1731  program, and eligible users may participate in the program. Only
 1732  vendors prequalified as meeting mandatory requirements and
 1733  qualifications criteria may participate in online procurement.
 1734         (a) The department, in consultation with the agency, may
 1735  contract for equipment and services necessary to develop and
 1736  implement online procurement.
 1737         (b) The department, in consultation with the agency, shall
 1738  adopt rules, pursuant to ss. 120.536(1) and 120.54, to
 1739  administer the program for online procurement. The rules shall
 1740  include, but not be limited to:
 1741         1. Determining the requirements and qualification criteria
 1742  for prequalifying vendors.
 1743         2. Establishing the procedures for conducting online
 1744  procurement.
 1745         3. Establishing the criteria for eligible commodities and
 1746  contractual services.
 1747         4. Establishing the procedures for providing access to
 1748  online procurement.
 1749         5. Determining the criteria warranting any exceptions to
 1750  participation in the online procurement program.
 1751         (c) The department may impose and shall collect all fees
 1752  for the use of the online procurement systems.
 1753         1. The fees may be imposed on an individual transaction
 1754  basis or as a fixed percentage of the cost savings generated. At
 1755  a minimum, the fees must be set in an amount sufficient to cover
 1756  the projected costs of the services, including administrative
 1757  and project service costs in accordance with the policies of the
 1758  department.
 1759         2. If the department contracts with a provider for online
 1760  procurement, the department, pursuant to appropriation, shall
 1761  compensate the provider from the fees after the department has
 1762  satisfied all ongoing costs. The provider shall report
 1763  transaction data to the department each month so that the
 1764  department may determine the amount due and payable to the
 1765  department from each vendor.
 1766         3. All fees that are due and payable to the state on a
 1767  transactional basis or as a fixed percentage of the cost savings
 1768  generated are subject to s. 215.31 and must be remitted within
 1769  40 days after receipt of payment for which the fees are due. For
 1770  fees that are not remitted within 40 days, the vendor shall pay
 1771  interest at the rate established under s. 55.03(1) on the unpaid
 1772  balance from the expiration of the 40-day period until the fees
 1773  are remitted.
 1774         4. All fees and surcharges collected under this paragraph
 1775  shall be deposited in the Operating Trust Fund as provided by
 1776  law.
 1777         Section 33. Subsection (17) of section 318.18, Florida
 1778  Statutes, is amended to read:
 1779         318.18 Amount of penalties.—The penalties required for a
 1780  noncriminal disposition pursuant to s. 318.14 or a criminal
 1781  offense listed in s. 318.17 are as follows:
 1782         (17) In addition to any penalties imposed, a surcharge of
 1783  $3 must be paid for all criminal offenses listed in s. 318.17
 1784  and for all noncriminal moving traffic violations under chapter
 1785  316. Revenue from the surcharge shall be remitted to the
 1786  Department of Revenue and deposited quarterly into the State
 1787  Agency Law Enforcement Radio System Trust Fund of the Agency for
 1788  State Technology Department of Management Services for the state
 1789  agency law enforcement radio system, as described in s. 282.709,
 1790  and to provide technical assistance to state agencies and local
 1791  law enforcement agencies with their statewide systems of
 1792  regional law enforcement communications, as described in s.
 1793  282.7101. This subsection expires July 1, 2021. The Agency for
 1794  State Technology Department of Management Services may retain
 1795  funds sufficient to recover the costs and expenses incurred for
 1796  managing, administering, and overseeing the Statewide Law
 1797  Enforcement Radio System, and providing technical assistance to
 1798  state agencies and local law enforcement agencies with their
 1799  statewide systems of regional law enforcement communications.
 1800  The Agency for State Technology Department of Management
 1801  Services working in conjunction with the Joint Task Force on
 1802  State Agency Law Enforcement Communications shall determine and
 1803  direct the purposes for which these funds are used to enhance
 1804  and improve the radio system.
 1805         Section 34. Section 320.0802, Florida Statutes, is amended
 1806  to read:
 1807         320.0802 Surcharge on license tax.—There is hereby levied
 1808  and imposed on each license tax imposed under s. 320.08, except
 1809  those set forth in s. 320.08(11), a surcharge in the amount of
 1810  $1, which shall be collected in the same manner as the license
 1811  tax and deposited into the State Agency Law Enforcement Radio
 1812  System Trust Fund of the Agency for State Technology Department
 1813  of Management Services.
 1814         Section 35. Subsection (9) of section 328.72, Florida
 1815  Statutes, is amended to read:
 1816         328.72 Classification; registration; fees and charges;
 1817  surcharge; disposition of fees; fines; marine turtle stickers.—
 1818         (9) SURCHARGE.—In addition, there is hereby levied and
 1819  imposed on each vessel registration fee imposed under subsection
 1820  (1) a surcharge in the amount of $1 for each 12-month period of
 1821  registration, which shall be collected in the same manner as the
 1822  fee and deposited into the State Agency Law Enforcement Radio
 1823  System Trust Fund of the Agency for State Technology Department
 1824  of Management Services.
 1825         Section 36. Section 364.0135, Florida Statutes, is amended
 1826  to read:
 1827         364.0135 Promotion of broadband adoption.—
 1828         (1) The Legislature finds that the sustainable adoption of
 1829  broadband Internet service is critical to the economic and
 1830  business development of the state and is beneficial for
 1831  libraries, schools, colleges and universities, health care
 1832  providers, and community organizations. The term “sustainable
 1833  adoption” means the ability for communications service providers
 1834  to offer broadband services in all areas of the state by
 1835  encouraging adoption and utilization levels that allow for these
 1836  services to be offered in the free market absent the need for
 1837  governmental subsidy.
 1838         (2) The Agency for State Technology may Department of
 1839  Management Services is authorized to work collaboratively with,
 1840  and to receive staffing support and other resources from,
 1841  Enterprise Florida, Inc., state agencies, local governments,
 1842  private businesses, and community organizations to:
 1843         (a) Monitor the adoption of broadband Internet service in
 1844  collaboration with communications service providers, including,
 1845  but not limited to, wireless and wireline Internet service
 1846  providers, to develop geographical information system maps at
 1847  the census tract level that will:
 1848         1. Identify geographic gaps in broadband services,
 1849  including areas unserved by any broadband provider and areas
 1850  served by a single broadband provider;
 1851         2. Identify the download and upload transmission speeds
 1852  made available to businesses and individuals in the state, at
 1853  the census tract level of detail, using data rate benchmarks for
 1854  broadband service used by the Federal Communications Commission
 1855  to reflect different speed tiers; and
 1856         3. Provide a baseline assessment of statewide broadband
 1857  deployment in terms of percentage of households with broadband
 1858  availability.
 1859         (b) Create a strategic plan that has goals and strategies
 1860  for increasing the use of broadband Internet service in the
 1861  state.
 1862         (c) Build and facilitate local technology planning teams or
 1863  partnerships with members representing cross-sections of the
 1864  community, which may include, but are not limited to,
 1865  representatives from the following organizations and industries:
 1866  libraries, K-12 education, colleges and universities, local
 1867  health care providers, private businesses, community
 1868  organizations, economic development organizations, local
 1869  governments, tourism, parks and recreation, and agriculture.
 1870         (d) Encourage the use of broadband Internet service,
 1871  especially in the rural, unserved, and underserved communities
 1872  of the state through grant programs having effective strategies
 1873  to facilitate the statewide deployment of broadband Internet
 1874  service. For any grants to be awarded, priority must be given to
 1875  projects that:
 1876         1. Provide access to broadband education, awareness,
 1877  training, access, equipment, and support to libraries, schools,
 1878  colleges and universities, health care providers, and community
 1879  support organizations.
 1880         2. Encourage the sustainable adoption of broadband in
 1881  primarily unserved areas by removing barriers to entry.
 1882         3. Work toward encouraging investments in establishing
 1883  affordable and sustainable broadband Internet service in
 1884  unserved areas of the state.
 1885         4. Facilitate the development of applications, programs,
 1886  and services, including, but not limited to, telework,
 1887  telemedicine, and e-learning to increase the usage of, and
 1888  demand for, broadband Internet service in the state.
 1889         (3) The Agency for State Technology department may apply
 1890  for and accept federal funds for purposes of this section, as
 1891  well as gifts and donations from individuals, foundations, and
 1892  private organizations.
 1893         (4) The Agency for State Technology department may:
 1894         (a) Enter into contracts necessary or useful to carry out
 1895  the purposes of this section.
 1896         (b)(5)The department may Establish any committee or
 1897  workgroup to administer and carry out the purposes of this
 1898  section.
 1899         Section 37. Subsections (3), (4), (5), (7), (9), (10), and
 1900  (11) of section 365.171, Florida Statutes, are amended to read:
 1901         365.171 Emergency communications number E911 state plan.—
 1902         (3) DEFINITIONS.—As used in this section, the term:
 1903         (a) “Agency” means the Agency for State Technology “Office”
 1904  means the Technology Program within the Department of Management
 1905  Services, as designated by the secretary of the department.
 1906         (b) “Local government” means any city, county, or political
 1907  subdivision of the state and its agencies.
 1908         (c) “Public agency” means the state and any city, county,
 1909  city and county, municipal corporation, chartered organization,
 1910  public district, or public authority located in whole or in part
 1911  within this state which provides, or has authority to provide,
 1912  firefighting, law enforcement, ambulance, medical, or other
 1913  emergency services.
 1914         (d) “Public safety agency” means a functional division of a
 1915  public agency which provides firefighting, law enforcement,
 1916  medical, or other emergency services.
 1917         (4) STATE PLAN.—The agency office shall develop, maintain,
 1918  and implement appropriate modifications for a statewide
 1919  emergency communications E911 system plan. The plan shall
 1920  provide for:
 1921         (a) The public agency emergency communications requirements
 1922  for each entity of local government in the state.
 1923         (b) A system to meet specific local government
 1924  requirements. Such system shall include law enforcement,
 1925  firefighting, and emergency medical services and may include
 1926  other emergency services such as poison control, suicide
 1927  prevention, and emergency management services.
 1928         (c) Identification of the mutual aid agreements necessary
 1929  to obtain an effective E911 system.
 1930         (d) A funding provision that identifies the cost necessary
 1931  to implement the E911 system.
 1932  
 1933  The agency office shall be responsible for the implementation
 1934  and coordination of such plan. The agency office shall adopt any
 1935  necessary rules and schedules related to public agencies for
 1936  implementing and coordinating the plan, pursuant to chapter 120.
 1937         (5) SYSTEM DIRECTOR.—The executive director of the agency
 1938  secretary of the department or his or her designee is designated
 1939  as the director of the statewide emergency communications number
 1940  E911 system and, for the purpose of carrying out the provisions
 1941  of this section, may is authorized to coordinate the activities
 1942  of the system with state, county, local, and private agencies.
 1943  The director in implementing the system shall consult,
 1944  cooperate, and coordinate with local law enforcement agencies.
 1945         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The agency
 1946  office shall coordinate with the Florida Public Service
 1947  Commission which shall encourage the Florida telecommunications
 1948  industry to activate facility modification plans for timely E911
 1949  implementation.
 1950         (9) SYSTEM APPROVAL.—An No emergency communications number
 1951  E911 system may not shall be established or and no present
 1952  system shall be expanded without prior approval of the agency
 1953  office.
 1954         (10) COMPLIANCE.—All public agencies shall assist the
 1955  agency office in their efforts to carry out the intent of this
 1956  section, and such agencies shall comply with the developed plan.
 1957         (11) FEDERAL ASSISTANCE.—The executive director of the
 1958  agency secretary of the department or his or her designee may
 1959  apply for and accept federal funding assistance in the
 1960  development and implementation of a statewide emergency
 1961  communications number E911 system.
 1962         Section 38. Present paragraphs (a) through (s) of
 1963  subsection (3) of section 365.172, Florida Statutes, are
 1964  redesignated as paragraphs (b) through (t), respectively, a new
 1965  paragraph (a) is added to that subsection, and paragraph (d) of
 1966  subsection (2), paragraph (t) of subsection (3), subsection (4),
 1967  paragraph (a) of subsection (5), paragraph (c) of subsection
 1968  (6), and paragraph (f) of subsection (12) are amended to read:
 1969         365.172 Emergency communications number “E911.”—
 1970         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1971  to:
 1972         (d) Provide for an E911 board to administer the fee, with
 1973  oversight by the agency office, in a manner that is
 1974  competitively and technologically neutral as to all voice
 1975  communications services providers.
 1976  
 1977  It is further the intent of the Legislature that the fee
 1978  authorized or imposed by this section not necessarily provide
 1979  the total funding required for establishing or providing E911
 1980  service.
 1981         (3) DEFINITIONS.—Only as used in this section and ss.
 1982  365.171, 365.173, and 365.174, the term:
 1983         (a) “Agency” means the Agency for State Technology.
 1984         (t) “Office” means the Technology Program within the
 1985  Department of Management Services, as designated by the
 1986  secretary of the department.
 1987         (4) POWERS AND DUTIES OF THE AGENCY FOR STATE TECHNOLOGY
 1988  OFFICE.—The agency office shall oversee the administration of
 1989  the fee authorized and imposed on subscribers of voice
 1990  communications services under subsection (8).
 1991         (5) THE E911 BOARD.—
 1992         (a) The E911 Board is established to administer, with
 1993  oversight by the agency office, the fee imposed under subsection
 1994  (8), including receiving revenues derived from the fee;
 1995  distributing portions of the revenues to wireless providers,
 1996  counties, and the agency office; accounting for receipts,
 1997  distributions, and income derived by the funds maintained in the
 1998  fund; and providing annual reports to the Governor, the Cabinet,
 1999  and the Legislature for submission by the agency office on
 2000  amounts collected and expended, the purposes for which
 2001  expenditures have been made, and the status of E911 service in
 2002  this state. In order to advise and assist the agency office in
 2003  carrying out implementing the purposes of this section, the
 2004  board, which has the power of a body corporate, has the powers
 2005  enumerated in subsection (6).
 2006         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 2007         (c) By February 28 of each year, the board shall prepare a
 2008  report for submission by the agency office to the Governor,
 2009  Cabinet, the President of the Senate, and the Speaker of the
 2010  House of Representatives which addresses for the immediately
 2011  preceding calendar year:
 2012         1. The annual receipts, including the total amount of fee
 2013  revenues collected by each provider, the total disbursements of
 2014  money in the fund, including the amount of fund-reimbursed
 2015  expenses incurred by each wireless provider to comply with the
 2016  order, and the amount of moneys on deposit in the fund.
 2017         2. Whether the amount of the fee and the allocation
 2018  percentages set forth in s. 365.173 have been or should be
 2019  adjusted to comply with the requirements of the order or other
 2020  provisions of this chapter, and the reasons for making or not
 2021  making a recommended adjustment to the fee.
 2022         3. Any other issues related to providing E911 services.
 2023         4. The status of E911 services in this state.
 2024         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 2025  the public need for reliable E911 services through reliable
 2026  wireless systems and the public interest served by governmental
 2027  zoning and land development regulations and notwithstanding any
 2028  other law or local ordinance to the contrary, the following
 2029  standards shall apply to a local government’s actions, as a
 2030  regulatory body, in the regulation of the placement,
 2031  construction, or modification of a wireless communications
 2032  facility. This subsection shall not, however, be construed to
 2033  waive or alter the provisions of s. 286.011 or s. 286.0115. For
 2034  the purposes of this subsection only, “local government” shall
 2035  mean any municipality or county and any agency of a municipality
 2036  or county only. The term “local government” does not, however,
 2037  include any airport, as defined by s. 330.27(2), even if it is
 2038  owned or controlled by or through a municipality, county, or
 2039  agency of a municipality or county. Further, notwithstanding
 2040  anything in this section to the contrary, this subsection does
 2041  not apply to or control a local government’s actions as a
 2042  property or structure owner in the use of any property or
 2043  structure owned by such entity for the placement, construction,
 2044  or modification of wireless communications facilities. In the
 2045  use of property or structures owned by the local government,
 2046  however, a local government may not use its regulatory authority
 2047  so as to avoid compliance with, or in a manner that does not
 2048  advance, the provisions of this subsection.
 2049         (f) Any other law to the contrary notwithstanding, the
 2050  agency Department of Management Services shall negotiate, in the
 2051  name of the state, leases for wireless communications facilities
 2052  that provide access to state government-owned property not
 2053  acquired for transportation purposes, and the Department of
 2054  Transportation shall negotiate, in the name of the state, leases
 2055  for wireless communications facilities that provide access to
 2056  property acquired for state rights-of-way. On property acquired
 2057  for transportation purposes, leases shall be granted in
 2058  accordance with s. 337.251. On other state government-owned
 2059  property, leases shall be granted on a space available, first
 2060  come, first-served basis. Payments required by state government
 2061  under a lease must be reasonable and must reflect the market
 2062  rate for the use of the state government-owned property. The
 2063  agency Department of Management Services and the Department of
 2064  Transportation are authorized to adopt rules for the terms and
 2065  conditions and granting of any such leases.
 2066         Section 39. Subsection (1) and paragraph (g) of subsection
 2067  (2) of section 365.173, Florida Statutes, are amended to read:
 2068         365.173 Emergency Communications Number E911 System Fund.—
 2069         (1) All revenues derived from the fee levied on subscribers
 2070  under s. 365.172 must be paid by the board into the State
 2071  Treasury on or before the 15th day of each month. Such moneys
 2072  must be accounted for in a special fund to be designated as the
 2073  Emergency Communications Number E911 System Fund, a fund created
 2074  in the Agency for State Technology Program, or other office as
 2075  designated by the Secretary of Management Services, and, for
 2076  accounting purposes, must be segregated into two separate
 2077  categories:
 2078         (a) The wireless category; and
 2079         (b) The nonwireless category.
 2080  
 2081  All moneys must be invested by the Chief Financial Officer
 2082  pursuant to s. 17.61. All moneys in such fund are to be expended
 2083  by the agency office for the purposes provided in this section
 2084  and s. 365.172. These funds are not subject to s. 215.20.
 2085         (2) As determined by the board pursuant to s.
 2086  365.172(8)(h), and subject to any modifications approved by the
 2087  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
 2088  the fund shall be distributed and used only as follows:
 2089         (g) Two percent of the moneys in the fund shall be used to
 2090  make monthly distributions to rural counties for the purpose of
 2091  providing facilities and network and service enhancements and
 2092  assistance for the 911 or E911 systems operated by rural
 2093  counties and for the provision of grants by the agency office to
 2094  rural counties for upgrading and replacing E911 systems.
 2095  
 2096  The Legislature recognizes that the fee authorized under s.
 2097  365.172 may not necessarily provide the total funding required
 2098  for establishing or providing the E911 service. It is the intent
 2099  of the Legislature that all revenue from the fee be used as
 2100  specified in this subsection.
 2101         Section 40. Subsection (1) of section 365.174, Florida
 2102  Statutes, is amended to read:
 2103         365.174 Proprietary confidential business information.—
 2104         (1) All proprietary confidential business information
 2105  submitted by a provider to the board or the Agency for State
 2106  Technology office, including the name and billing or service
 2107  addresses of service subscribers, and trade secrets as defined
 2108  by s. 812.081, is confidential and exempt from s. 119.07(1) and
 2109  s. 24(a), Art. I of the State Constitution. Statistical
 2110  abstracts of information collected by the board or the agency
 2111  office may be released or published, but only in a manner that
 2112  does not identify or allow identification of subscribers or
 2113  their service numbers or of revenues attributable to any
 2114  provider.
 2115         Section 41. Section 401.013, Florida Statutes, is amended
 2116  to read:
 2117         401.013 Legislative intent.—It is the intention and purpose
 2118  of the Legislature that a statewide system of regional emergency
 2119  medical telecommunications be developed whereby maximum use of
 2120  existing radio channels is achieved in order to more effectively
 2121  and rapidly provide emergency medical service to the general
 2122  population. To this end, all emergency medical service entities
 2123  within the state are directed to provide the Agency for State
 2124  Technology Department of Management Services with any
 2125  information the agency department requests for the purpose of
 2126  implementing the provisions of s. 401.015, and such entities
 2127  shall comply with the resultant provisions established pursuant
 2128  to this part.
 2129         Section 42. Section 401.015, Florida Statutes, is amended
 2130  to read:
 2131         401.015 Statewide regional emergency medical
 2132  telecommunication system.—The Agency for State Technology shall
 2133  Department of Management Services is authorized and directed to
 2134  develop a statewide system of regional emergency medical
 2135  telecommunications. For the purpose of this part, the term
 2136  “telecommunications” means those voice, data, and signaling
 2137  transmissions and receptions between emergency medical service
 2138  components, including, but not limited to: ambulances; rescue
 2139  vehicles; hospitals or other related emergency receiving
 2140  facilities; emergency communications centers; physicians and
 2141  emergency medical personnel; paging facilities; law enforcement
 2142  and fire protection agencies; and poison control, suicide, and
 2143  emergency management agencies. In formulating such a system, the
 2144  agency department shall divide the state into appropriate
 2145  regions and shall develop a program that which includes, but is
 2146  not limited to, the following provisions:
 2147         (1) A requirements provision that states, which shall state
 2148  the telecommunications requirements for each emergency medical
 2149  entity comprising the region.
 2150         (2) An interfacility communications provision that depicts,
 2151  which shall depict the telecommunications interfaces between the
 2152  various medical service entities which operate within the region
 2153  and state.
 2154         (3) An organizational layout provision that includes, which
 2155  shall include each emergency medical entity and the number of
 2156  radio operating units (base, mobile, handheld, etc.) per entity.
 2157         (4) A frequency allocation and use provision that includes,
 2158  which shall include on an entity basis each assigned and planned
 2159  radio channel and the type of operation (simplex, duplex, half
 2160  duplex, etc.) on each channel.
 2161         (5) An operational provision that includes, which shall
 2162  include dispatching, logging, and operating procedures
 2163  pertaining to telecommunications on an entity basis and regional
 2164  basis.
 2165         (6) An emergency medical service telephone provision that
 2166  includes, which shall include the telephone and the numbering
 2167  plan throughout the region for both the public and interface
 2168  requirements.
 2169         Section 43. Section 401.018, Florida Statutes, is amended
 2170  to read:
 2171         401.018 System coordination.—
 2172         (1) The statewide system of regional emergency medical
 2173  telecommunications shall be developed by the Agency for State
 2174  Technology Department of Management Services, which department
 2175  shall be responsible for the implementation and coordination of
 2176  such system into the state telecommunications plan. The agency
 2177  department shall adopt any necessary rules and regulations for
 2178  implementing and coordinating such a system.
 2179         (2) The Agency for State Technology Department of
 2180  Management Services shall be designated as the state frequency
 2181  coordinator for the special emergency radio service.
 2182         Section 44. Section 401.021, Florida Statutes, is amended
 2183  to read:
 2184         401.021 System director.—The executive director of the
 2185  Agency for State Technology Secretary of Management Services or
 2186  his or her designee is designated as the director of the
 2187  statewide telecommunications system of the regional emergency
 2188  medical service and, for the purpose of carrying out the
 2189  provisions of this part, may is authorized to coordinate the
 2190  activities of the telecommunications system with other
 2191  interested state, county, local, and private agencies.
 2192         Section 45. Section 401.024, Florida Statutes, is amended
 2193  to read:
 2194         401.024 System approval.—An From July 1, 1973, no emergency
 2195  medical telecommunications system may not shall be established
 2196  or present systems expanded without prior approval of the Agency
 2197  for State Technology Department of Management Services.
 2198         Section 46. Section 401.027, Florida Statutes, is amended
 2199  to read:
 2200         401.027 Federal assistance.—The executive director of the
 2201  Agency for State Technology Secretary of Management Services or
 2202  his or her designee may is authorized to apply for and accept
 2203  federal funding assistance in the development and implementation
 2204  of a statewide emergency medical telecommunications system.
 2205         Section 47. Paragraph (a) of subsection (2) of section
 2206  401.465, Florida Statutes, is amended to read:
 2207         401.465 911 public safety telecommunicator certification.—
 2208         (2) PERSONNEL; STANDARDS AND CERTIFICATION.—
 2209         (a) Effective October 1, 2012, any person employed as a 911
 2210  public safety telecommunicator at a public safety answering
 2211  point, as defined in s. 365.172(3)(a), must be certified by the
 2212  department.
 2213         Section 48. Subsection (4) of section 445.011, Florida
 2214  Statutes, is amended to read:
 2215         445.011 Workforce information systems.—
 2216         (4) Workforce Florida, Inc., shall coordinate development
 2217  and implementation of workforce information systems with the
 2218  executive director of the Agency for State Enterprise
 2219  Information Technology to ensure compatibility with the state’s
 2220  information system strategy and enterprise architecture.
 2221         Section 49. Subsection (2) and paragraphs (a) and (b) of
 2222  subsection (4) of section 445.045, Florida Statutes, are amended
 2223  to read:
 2224         445.045 Development of an Internet-based system for
 2225  information technology industry promotion and workforce
 2226  recruitment.—
 2227         (2) Workforce Florida, Inc., shall coordinate with the
 2228  Agency for State Enterprise Information Technology and the
 2229  Department of Economic Opportunity to ensure links, where
 2230  feasible and appropriate, to existing job information websites
 2231  maintained by the state and state agencies and to ensure that
 2232  information technology positions offered by the state and state
 2233  agencies are posted on the information technology website.
 2234         (4)(a) Workforce Florida, Inc., shall coordinate
 2235  development and maintenance of the website under this section
 2236  with the executive director of the Agency for State Enterprise
 2237  Information Technology to ensure compatibility with the state’s
 2238  information system strategy and enterprise architecture.
 2239         (b) Workforce Florida, Inc., may enter into an agreement
 2240  with the Agency for State Enterprise Information Technology, the
 2241  Department of Economic Opportunity, or any other public agency
 2242  with the requisite information technology expertise for the
 2243  provision of design, operating, or other technological services
 2244  necessary to develop and maintain the website.
 2245         Section 50. Paragraph (b) of subsection (18) of section
 2246  668.50, Florida Statutes, is amended to read:
 2247         668.50 Uniform Electronic Transaction Act.—
 2248         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 2249  GOVERNMENTAL AGENCIES.—
 2250         (b) To the extent that a governmental agency uses
 2251  electronic records and electronic signatures under paragraph
 2252  (a), the Agency for State Enterprise Information Technology, in
 2253  consultation with the governmental agency, giving due
 2254  consideration to security, may specify:
 2255         1. The manner and format in which the electronic records
 2256  must be created, generated, sent, communicated, received, and
 2257  stored and the systems established for those purposes.
 2258         2. If electronic records must be signed by electronic
 2259  means, the type of electronic signature required, the manner and
 2260  format in which the electronic signature must be affixed to the
 2261  electronic record, and the identity of, or criteria that must be
 2262  met by, any third party used by a person filing a document to
 2263  facilitate the process.
 2264         3. Control processes and procedures as appropriate to
 2265  ensure adequate preservation, disposition, integrity, security,
 2266  confidentiality, and auditability of electronic records.
 2267         4. Any other required attributes for electronic records
 2268  which are specified for corresponding nonelectronic records or
 2269  reasonably necessary under the circumstances.
 2270         Section 51. This act shall take effect July 1, 2013.