The Florida Senate

¹282.102  Powers and duties.--The Department of Management Services shall have the following powers, duties, and functions:

(1)  To publish electronically the portfolio of services available from the department, including pricing information; the policies and procedures of the state communications network governing usage of available services; and a forecast of the priorities and initiatives for the state communications system for the ensuing 2 years.

(2)  To adopt technical standards for the state communications network which will ensure the interconnection of computer networks and information systems of agencies.

(3)  To enter into agreements related to information technology with state agencies and political subdivisions of the state.

(4)  To purchase from or contract with information technology providers for information technology, including private line services.

(5)  To apply for, receive, and hold such authorizations, patents, copyrights, trademarks, service marks, licenses, and allocations or channels and frequencies to carry out the purposes of this part.

(6)  To purchase, lease, or otherwise acquire and to hold, sell, transfer, license, or otherwise dispose of real, personal, and intellectual property, including, but not limited to, patents, trademarks, copyrights, and service marks.

(7)  To cooperate with any federal, state, or local emergency management agency in providing for emergency communications services.

(8)  To control and approve the purchase, lease, or acquisition and the use of communications services provided as part of any other total system to be used by the state or any of its agencies.

(9)  To adopt rules pursuant to ss. 120.536(1) and 120.54 relating to communications and to administer the provisions of this part.

(10)  To apply for and accept federal funds for any of the purposes of this part as well as gifts and donations from individuals, foundations, and private organizations.

(11)  To monitor issues relating to communications facilities and services before the Florida Public Service Commission and, when necessary, prepare position papers, prepare testimony, appear as a witness, and retain witnesses on behalf of state agencies in proceedings before the commission.

(12)  Unless delegated to the agencies by the department, to manage and control, but not intercept or interpret, communications within the SUNCOM Network by:

(a)  Establishing technical standards to physically interface with the SUNCOM Network.

(b)  Specifying how communications are transmitted within the SUNCOM Network.

(c)  Controlling the routing of communications within the SUNCOM Network.

(d)  Establishing standards, policies, and procedures for access to the SUNCOM Network.

(e)  Ensuring orderly and reliable communications services in accordance with the service level agreements executed with state agencies.

(13)  To plan, design, and conduct experiments for communications services, equipment, and technologies, and to implement enhancements in the state communications network when in the public interest and cost-effective. Funding for such experiments shall be derived from SUNCOM Network service revenues and shall not exceed 2 percent of the annual budget for the SUNCOM Network for any fiscal year or as provided in the General Appropriations Act. New services offered as a result of this subsection shall not affect existing rates for facilities or services.

(14)  To enter into contracts or agreements, with or without competitive bidding or procurement, to make available, on a fair, reasonable, and nondiscriminatory basis, property and other structures under departmental control for the placement of new facilities by any wireless provider of mobile service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications company as defined in s. 364.02 when it is determined to be practical and feasible to make such property or other structures available. The department may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for the placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. The department and a wireless provider or telecommunications company may negotiate the reduction or elimination of a fee in consideration of services provided to the department by the wireless provider or telecommunications company. All such fees collected by the department shall be deposited directly into the Law Enforcement Radio Operating Trust Fund, and may be used by the department to construct, maintain, or support the system.

History.--s. 22, ch. 69-106; s. 1, ch. 70-327; s. 36, ch. 83-334; s. 11, ch. 87-137; s. 220, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 95-143; s. 1, ch. 96-357; s. 9, ch. 96-390; s. 11, ch. 97-286; s. 65, ch. 98-279; s. 5, ch. 2000-164; s. 11, ch. 2001-261; s. 36, ch. 2002-1; s. 18, ch. 2007-105.

¹Note.--

A.  Section 31(4) and (5), ch. 2001-261, provide that:

"(4)  The State Technology Office is authorized to charge back to each participating agency an amount equal to the total of all direct and indirect costs of administering the agreement with the agency and the total of all direct and indirect costs of rendering the performances required of the State Technology Office under such agreements.

"(5)  Any resources transferred to the State Technology Office which were dedicated to a federally funded system shall remain allocated to that system until the appropriate federal agency or authority confirms in writing that another plan for supporting the system will not result in federal sanctions."

B.  Material creating the State Technology Office was stricken from s. 282.102 by s. 18, ch. 2007-105. Some office functions were assumed by the Department of Management Services and other entities pursuant to that law.

C.  Section 14, ch. 2007-105, provides that "[u]nless otherwise specified in this act, the Department of Management Services, established in s. 20.22, Florida Statutes, shall assume the duties and responsibilities of the State Technology Office as set forth in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105, 282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092, 288.1093, 365.171, 365.172, and 365.173, Florida Statutes."

Note.--Former s. 287.25.