Florida Senate - 2013 SB 1762
By the Committee on Governmental Oversight and Accountability
585-02044-13 20131762__
1 A bill to be entitled
2 An act relating to state technology; transferring,
3 renumbering, and amending s. 14.204, F.S.; creating
4 the Department of State Technology; providing for the
5 organizational structure of the department; creating a
6 Technology Advisory Council and providing for
7 membership; amending s. 282.0041, F.S.; revising and
8 providing definitions for terms used in the Enterprise
9 Information Technology Services Management Act;
10 amending s. 282.0055, F.S.; requiring the department
11 to develop a long-range plan; providing the powers and
12 duties of the department; amending s. 282.0056, F.S.;
13 conforming provisions to changes made by the act;
14 creating s. 282.0057, F.S.; providing a schedule for
15 the initiation of department information technology
16 projects; specifying tasks to be approved and
17 completed; amending s. 282.203, F.S.; conforming
18 provisions to changes made by the act; providing for
19 future repeal; repealing s. 282.204, F.S., relating to
20 Northwood Shared Resource Center; repealing s.
21 282.205, F.S., relating to Southwood Shared Resource
22 Center; creating s. 282.206, F.S.; establishing the
23 Fletcher Shared Resource Center within the Department
24 of Financial Services to provide enterprise
25 information technology services to the department, co
26 location services to the Department of Legal Services
27 and the Department of Agriculture and Consumer
28 Services, and host the Legislative Appropriations
29 System/Planning and Budgeting Subsystem; providing for
30 governance of the center; authorizing the Department
31 of Legal Affairs and the Department of Agriculture and
32 Consumer Services to move data center equipment to the
33 center; amending s. 282.318, F.S.; conforming
34 provisions to changes made by the act; repealing s.
35 282.33, F.S., relating to objective standards for data
36 center energy efficiency; repealing s. 282.34, F.S.,
37 relating to enterprise email service; amending ss.
38 282.604, 282.702, 282.703, 20.22, 110.205, 215.22,
39 215.322, 215.96, 216.292, 287.012, 287.057, 318.18,
40 320.0802,328.72, 364.0135, 365.171, 365.172, 365.173,
41 365.174, 401.013, 401.015, 401.018, 401.021, 401.024,
42 401.027, 445.011, 445.045, and 668.50, F.S.;
43 conforming provisions to changes made by the act;
44 transferring the personnel, functions, and funds of
45 the Agency for Enterprise Information Technology to
46 the Department of State Technology; transferring
47 specified personnel, functions, funds, trust funds,
48 administrative orders, contracts, and rules relating
49 to technology programs from the Department of
50 Management Services to the Department of State
51 Technology; transferring the Northwood Shared Resource
52 Center and the Southwood Shared Resource Center to the
53 department; providing an appropriation; providing
54 effective dates.
55
56 Be It Enacted by the Legislature of the State of Florida:
57
58 Section 1. Section 14.204, Florida Statutes, is
59 transferred, renumbered as section 20.61, Florida Statutes, and
60 amended to read:
61 (Substantial rewording of section. See
62 s. 14.204, F.S. for present text)
63 20.61 Department of State Technology; powers and duties.
64 The Department of State Technology is hereby created as an
65 executive agency under the Governor.
66 (1) The department shall have a secretary, who shall be
67 appointed by the Governor. The secretary must be confirmed by
68 the Senate and shall serve at the pleasure of the Governor. The
69 secretary shall be the state’s Chief Information Officer.
70 (2) The Technology Advisory Council consisting of nine
71 members shall be established and maintained pursuant to s.
72 20.052. Four of the members of the council shall be appointed by
73 the Governor, of which two members must be from the private
74 sector; three of the members shall be appointed by the Cabinet;
75 one of the members shall be appointed by the Speaker of the
76 House of Representative; and one member shall be appointed by
77 the Senate President. Upon initial establishment of the council,
78 two of the Governor’s appointments and two of the Cabinet’s
79 appointments shall be for 2 year terms. Thereafter, all
80 appointments shall be for 4 year terms.
81 (a) The council shall consider and make recommendations to
82 the secretary on such matters as enterprise information
83 technology policies, standards, services, and architecture.
84 (b) The secretary shall consult with the council with
85 regard to executing the duties and responsibilities of the
86 department related to statewide information technology strategic
87 planning and policy.
88 (3) The following divisions and offices are established
89 within the department:
90 (a) Division of Information Management.
91 (b) Division of Enterprise Information Technology Services.
92 (c) The Office Of Information Security.
93 (d) The Office of Strategic Planning.
94 (4) There shall be a Chief Operations Officer, a Chief
95 Planning Officer, a Chief Security Officer, and a Deputy Chief
96 Information Officer all of whom serve at the pleasure of the
97 secretary.
98 (a) The Chief Operations Officer is responsible for the
99 operations and delivery of enterprise information technology
100 services including management of telecommunication services and
101 data center operations.
102 (b) The Chief Planning Officer is responsible for
103 establishing and maintaining enterprise information technology
104 policy, planning, standards, project management, oversight, and
105 procurement.
106 (c) The Chief Security Officer is responsible for
107 establishing and maintaining the enterprise strategy and program
108 for ensuring information assets are adequately protected.
109 (d) The Deputy Chief Information Officer is responsible for
110 establishing and maintaining the enterprise strategy for
111 enterprise information technology services.
112 (5) The following deputy Chief Information Officer
113 positions shall be appointed and serve at the pleasure of the
114 secretary. Each deputy is responsible for the following core
115 agency groups:
116 (a) Deputy Information Officer of Human Services, to
117 include:
118 1. Department of Elder Affairs.
119 2. Agency for Health Care Administration.
120 3. Agency for Persons with Disabilities.
121 4. Department of Children and Families.
122 5. Department of Health.
123 6. Department of Veterans’ Affairs.
124 (b) Deputy Information Officer of Criminal and Civil
125 Justice, to include:
126 1. Department of Juvenile Justice.
127 2. Parole Commission.
128 3. Department of Corrections.
129 4. Board of Clemency.
130 5. Department of Law Enforcement.
131 6. Department of Highway Safety and Motor Vehicles.
132 (c) Deputy Information Officer of Education, to include
133 the:
134 1. Department of Education.
135 2. State Board of Education.
136 3. Board of Governors.
137 (d) Deputy Information Officer of Business Operations, to
138 include:
139 1. Department of Revenue.
140 2. Department of Business and Professional Regulation.
141 3. Department of the Lottery.
142 4. Department of Economic Opportunity.
143 (e) Deputy Information Officer of Community Services, to
144 include:
145 1. Department of Military Affairs.
146 2. Department of Transportation.
147 3. Department of State.
148 4. Department of Emergency Management.
149 (f) Deputy Information Officer of Natural Resources, to
150 include:
151 1. Department of Environmental Protection.
152 2. Department of Fish and Wildlife.
153 3. Department of Citrus.
154 (g) Deputy Information Officer of Executive and
155 Administrative Support Service, to include:
156 1. The Department of Financial Services.
157 2. The Department of Management Services.
158 3. The Department of Legal Affairs.
159 4. The Department of Agriculture and Consumer Services.
160 (6) In order to optimize the efficiency and utility of
161 information technology systems within core agency groups, the
162 secretary may require the participation of programs within a
163 state agency to work with a deputy chief information officer
164 outside of the agency’s assigned core group.
165 (7) The secretary may obtain administrative services
166 through the Department of Management Services pursuant to a
167 memorandum of understanding.
168 Section 2. Section 282.0041, Florida Statutes, is reordered
169 and amended to read:
170 282.0041 Definitions.—As used in this chapter, the term:
171 (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
172 except that for purposes of this chapter, “agency” does not
173 include university boards of trustees or state universities.
174 (2) “Agency for Enterprise Information Technology” means
175 the agency created in s. 14.204.
176 (1)(3) “Agency information technology service” means a
177 service that directly helps a state an agency fulfill its
178 statutory or constitutional responsibilities and policy
179 objectives and is usually associated with the state agency’s
180 primary or core business functions.
181 (4) “Annual budget meeting” means a meeting of the board of
182 trustees of a primary data center to review data center usage to
183 determine the apportionment of board members for the following
184 fiscal year, review rates for each service provided, and
185 determine any other required changes.
186 (2)(5) “Breach” has the same meaning as in s. 817.5681(4).
187 (3)(6) “Business continuity plan” means a plan for disaster
188 recovery which provides for the continued functioning of a
189 shared resource center or primary data center during and after a
190 disaster.
191 (4)(7) “Computing facility” means a state agency site space
192 containing fewer than a total of 10 physical or logical servers,
193 any of which supports a strategic or nonstrategic information
194 technology service, as described in budget instructions
195 developed pursuant to s. 216.023, but excluding
196 telecommunications and voice gateways and clustered pairs of
197 servers operating as a single logical server to provide file,
198 print, security, and endpoint management services single,
199 logical-server installations that exclusively perform a utility
200 function such as file and print servers.
201 (5) “Computing service” means an information technology
202 service that is used in all state agencies or a subset of
203 agencies.
204 (8) “Customer entity” means an entity that obtains services
205 from a primary data center.
206 (6)(9) “Data center” means state agency space containing 10
207 or more physical or logical servers, any of which supports a
208 strategic or nonstrategic information technology service, as
209 described in budget instructions developed pursuant to s.
210 216.023.
211 (7)(10) “Department” means the Department of State
212 Technology Management Services.
213 (9)(11) “Enterprise information technology service” means
214 an information technology service that is used in all state
215 agencies or a subset of state agencies and is established in law
216 to be designed, delivered, and managed at the enterprise level.
217 (8)(12) “Email E-mail, messaging, and calendaring service”
218 means the enterprise information technology service that enables
219 users to send, receive, file, store, manage, and retrieve
220 electronic messages, attachments, appointments, and addresses.
221 The e-mail, messaging, and calendaring service must include e
222 mail account management; help desk; technical support and user
223 provisioning services; disaster recovery and backup and restore
224 capabilities; antispam and antivirus capabilities; archiving and
225 e-discovery; and remote access and mobile messaging
226 capabilities.
227 (10)(13) “Information-system utility” means an information
228 processing a full-service information-processing facility
229 offering hardware, software, operations, integration,
230 networking, floor space, and consulting services.
231 (12)(14) “Information technology resources” means
232 equipment, hardware, software, firmware, programs, systems,
233 networks, infrastructure, media, and related material used to
234 automatically, electronically, and wirelessly collect, receive,
235 access, transmit, display, store, record, retrieve, analyze,
236 evaluate, process, classify, manipulate, manage, assimilate,
237 control, communicate, exchange, convert, converge, interface,
238 switch, or disseminate information of any kind or form, and
239 includes the human resources to perform such duties except for
240 application developers and logical database administrators.
241 (11)(15) “Information technology policy” means statements
242 that describe clear choices for how information technology will
243 deliver effective and efficient government services to residents
244 and improve state agency operations. A policy may relate to
245 investments, business applications, architecture, or
246 infrastructure. A policy describes its rationale, implications
247 of compliance or noncompliance, the timeline for implementation,
248 metrics for determining compliance, and the accountable
249 structure responsible for its implementation.
250 (13) “Local area network” means any telecommunications
251 network through which messages and data are exchanged only
252 within a single building or contiguous campus.
253 (14) “Memorandum of understanding” means a written
254 agreement between the department and a state agency which
255 specifies the scope of services provided, service level,
256 duration of the agreement, responsible parties, and service
257 costs. A memorandum of understanding is not a rule pursuant to
258 chapter 120.
259 (15) “Other public sector organizations” means entities of
260 the legislative and judicial branches, the State University
261 System, the Florida Community College System, counties, and
262 municipalities. Such organizations may elect to participate in
263 the information technology programs, services, or contracts
264 offered by the department, including information technology
265 procurement, in accordance with general law, policies, and
266 administrative rules.
267 (16) “Performance metrics” means the measures of an
268 organization’s activities and performance.
269 (16)(17) “Primary data center” means a data center that is
270 a recipient entity for consolidation of state agency information
271 technology resources and provides contracted services to the
272 agency nonprimary data centers and computing facilities and that
273 is established by law.
274 (17)(18) “Project” means an endeavor that has a defined
275 start and end point; is undertaken to create or modify a unique
276 product, service, or result; and has specific objectives that,
277 when attained, signify completion.
278 (18)(19) “Risk analysis” means the process of identifying
279 security risks, determining their magnitude, and identifying
280 areas needing safeguards.
281 (19)(20) “Service level” means the key performance
282 indicators (KPI) of an organization or service which must be
283 regularly performed, monitored, and achieved.
284 (21) “Service-level agreement” means a written contract
285 between a data center and a customer entity which specifies the
286 scope of services provided, service level, the duration of the
287 agreement, the responsible parties, and service costs. A
288 service-level agreement is not a rule pursuant to chapter 120.
289 (20) “Shared resource center” means a primary data center
290 that is state controlled.
291 (21)(22) “Standards” means required practices, controls,
292 components, or configurations established by an authority.
293 (22) “State agency” has the same meaning as in s.
294 216.011(1), but excluding the Department of Legal Affairs, the
295 Department of Financial Services, and the Department of
296 Agriculture and Consumer Services.
297 (23) “State agency site” means a single, contiguous local
298 area network segment that does not traverse a metropolitan area
299 network or wide area network.
300 (24)(23) “SUNCOM Network” means the state enterprise
301 telecommunications system that provides all methods of
302 electronic or optical telecommunications beyond a single
303 building or contiguous building complex and used by entities
304 authorized as network users under this part.
305 (25)(24) “Telecommunications” means the science and
306 technology of communication at a distance, including electronic
307 systems used in the transmission or reception of information.
308 (26)(25) “Threat” means any circumstance or event that may
309 cause harm to the integrity, availability, or confidentiality of
310 information technology resources.
311 (27)(26) “Total cost” means all costs associated with
312 information technology projects or initiatives, including, but
313 not limited to, value of hardware, software, service,
314 maintenance, incremental personnel, and facilities. Total cost
315 of a loan or gift of information technology resources to a state
316 an agency includes the fair market value of the resources.
317 (28)(27) “Usage” means the billing amount charged by the
318 shared resource primary data center, minus less any pass-through
319 charges, to the customer entity.
320 (29)(28) “Usage rate” means a customer entity’s usage or
321 billing amount as a percentage of total usage.
322 (30) “Wide area network” means a telecommunications network
323 or components thereof through which messages and data are
324 exchanged outside of a local area network.
325 Section 3. Section 282.0055, Florida Statutes, is amended
326 to read:
327 282.0055 Assignment of information technology; long-range
328 plan; powers and duties.—The department shall design, plan,
329 develop, implement, and manage state enterprise information
330 technology services and infrastructure to achieve the use of
331 cost-effective and cost-efficient common technology. In order to
332 ensure the most effective and efficient use of the state’s
333 information technology and information technology resources and
334 notwithstanding other provisions of law to the contrary,
335 policies for the design, planning, project management, and
336 implementation of enterprise information technology services
337 shall be the responsibility of the Agency for Enterprise
338 Information Technology for executive branch agencies created or
339 authorized in statute to perform legislatively delegated
340 functions. The supervision, design, delivery, and management of
341 state agency information technology shall remain within the
342 responsibility and control of the individual state agency.
343 (1) To assist with achieving this purpose, the department
344 shall biennially develop and coordinate a comprehensive long
345 range plan for the state’s information technology resources,
346 including opportunities for coordinating with other public
347 sector organizations; ensuring the proper management of such
348 resources; developing agency budget requests for submission to
349 the Legislature; and delivering enterprise information
350 technology services. In developing the plan, the department
351 shall identify best practices from executive branch agencies and
352 other public and private sector entities in order to develop,
353 replicate, and implement such information technology best
354 practices and standards into the state’s technology services and
355 infrastructure.
356 (2) The department shall have the following powers and
357 duties:
358 (a) Setting state technology policy.
359 (b) The development, design, planning, project management,
360 implementation, delivery, and management of enterprise
361 information technology services.
362 (c) Establishing architecture for the state’s technology
363 infrastructure in order to promote the efficient use of
364 resources and to promote economic development.
365 (d) Preparing fiscal impact statements relating to
366 necessary modifications and the delivery of technology to
367 support policies required by proposed legislation.
368 (e) Coordinating technology resource acquisition planning,
369 and assisting the Department of Management Services′ Division of
370 Purchasing in using aggregate buying methodologies whenever
371 possible and with procurement negotiations for hardware and
372 software products and services in order to improve the
373 efficiency and reduce the cost of enterprise information
374 technology services.
375 (f) Upon request, advising, supporting, and collaborating
376 with the Division of Purchasing in the Department of Management
377 Services, in establishing best practices for the procurement of
378 information technology products in order to achieve savings for
379 the state.
380 (g) Upon request, supporting and collaborating with the
381 Division of Purchasing in the Department of Management Services,
382 in conducting procurement negotiations for information
383 technology products that will be used by multiple state
384 agencies.
385 (h) Providing oversight or project management for all
386 technology resources for projects exceeding an annual investment
387 of $2.5 million to accomplish goals of technology portfolio
388 management.
389 (i) Establishing performance measurement standards and
390 metrics regarding the success of technology projects and
391 services across the enterprise.
392 (j) Establishing standards for state agencies to submit
393 information technology reports or updates as necessary to
394 support the duties of the agency. At a minimum, such standards
395 must address content, format, and frequency of updates.
396 (k) Establishing and collecting fees and charges for data
397 and delivery of enterprise information technology services to
398 state agencies on a cost-sharing basis.
399 (l) Developing a cost-recovery plan to recover both the
400 costs and the accrual of funds sufficient for reinvesting in new
401 services and better technologies. This plan shall be developed
402 in consultation with state agencies and approved by the
403 Legislature.
404 (m) At the discretion of the department, collecting and
405 maintaining an inventory of the information technology resources
406 in state agencies and the data maintained by each agency. The
407 department may develop standards for data elements.
408 (n) Assuming ownership or custody and control of
409 information processing equipment, supplies, and positions in
410 order to thoroughly carry out the duties and responsibilities of
411 the department.
412 (o) Adopting rules and policies for the efficient, secure,
413 and economical management and operation of enterprise
414 information technology services.
415 (p) Providing other public sector organizations with access
416 to the services provided by the agency taking into consideration
417 the agency’s ability to support those services. Access shall be
418 provided on the same cost basis as applies to state agencies.
419 (q) Establishing statewide practices and policies to ensure
420 that data that is exempt or confidential from s. 119.07(1) and
421 s. 24(a), Art. I of the State Constitution, or that is otherwise
422 confidential under state or federal law remains protected. This
423 provision does not affect a transfer of ownership of data from
424 any department, agency, board, bureau, commission, or authority
425 to the state agency.
426 (r) Conducting periodic assessments of state agencies for
427 compliance with statewide information technology policies and
428 recommending to the Governor or the Financial Management
429 Information Board statewide policies for information technology.
430 (s) Establishing and maintaining a single website
431 publishing information as provided in s. 215.985.
432 (t) Maintaining the official Internet state portal.
433 Section 4. Subsection (1) of section 282.0056, Florida
434 Statutes, is amended to read:
435 282.0056 Development of work plan; development of
436 implementation plans; and policy recommendations.—
437 (1) For the purposes of carrying out its responsibilities
438 under s. 282.0055, the department Agency for Enterprise
439 Information Technology shall develop an annual work plan within
440 60 days after the beginning of the fiscal year describing the
441 activities that the department agency intends to undertake for
442 that year, including proposed outcomes and completion timeframes
443 for the planning and implementation of all enterprise
444 information technology services. The work plan must be presented
445 at a public hearing and approved by the Governor and Cabinet,
446 and thereafter submitted to the President of the Senate and the
447 Speaker of the House of Representatives. The work plan may be
448 amended as needed, subject to approval by the Governor and
449 Cabinet.
450 Section 5. Section 282.0057 Florida Statutes, is created to
451 read:
452 282.0057 Information technology project initiation
453 schedule; reporting.—
454 (1) Beginning January 1, 2015, the department shall:
455 (a) In cooperation with the Governor’s Office of Policy and
456 Budget, publish a report on its current and planned information
457 technology expenditures, including, but not limited to, line
458 item detail expenditures on systems development, personnel
459 services, and equipment from the previous fiscal year and
460 anticipated expenditures for the upcoming fiscal year; a
461 prioritization of information technology initiatives to address
462 unmet needs and opportunities for significant efficiencies or
463 improved effectiveness within the state information technology
464 enterprise; and a prioritized funding schedule for all major
465 projects or initiatives, as well as cost estimates of the fiscal
466 impact of the recommended initiatives.
467 (b) Coordinate state agencies in developing and
468 implementing data sharing. The department shall determine and
469 implement statewide efforts to standardize data elements and
470 shall determine data ownership assignments among state agencies.
471 (c) Include in its legislative budget requests a
472 recommendation for consolidating state agency data in order to
473 provide better access for private and government use.
474 (d) Oversee the expanded use and implementation of project
475 and contract management principles as they relate to information
476 technology projects. Funded projects within state agencies must
477 use the project and contract management methodologies specified
478 by the department.
479 (2) Beginning January 1, 2016, the department shall:
480 (a) Develop systems and methodologies to review, evaluate,
481 and prioritize existing information technology projects and
482 develop a plan for leveraging technology across state agencies.
483 The department shall report to the Governor, the President of
484 the Senate, and the Speaker of the House of Representatives on
485 the status of information technology projects and the agency’s
486 recommendations for project development on a semiannual basis.
487 Such recommendations shall be incorporated into the state
488 agency’s legislative budget requests for technology projects.
489 (b) Develop standards for application development,
490 including, but not limited to, a standard methodology and cost
491 benefit analysis that state agencies shall use for application
492 development activities.
493 (3) Beginning January 1, 2018, the department shall review
494 and approve technology purchases made by state agencies.
495 Approval must be based on technology policies and standards
496 established by the department and approved by the Legislature.
497 Section 6. Paragraphs (c), (e), (h), and (i) of subsection
498 (1), paragraph (e) of subsection (2), and paragraphs (b), (e),
499 (h), and (k) of subsection (3) of section 282.203, Florida
500 Statutes, are amended and a new subsection (4) is added to that
501 section, to read:
502 282.203 Primary data centers.—
503 (1) DATA CENTER DUTIES.—Each primary data center shall:
504 (c) Comply with rules adopted by the department Agency for
505 Enterprise Information Technology, pursuant to this section, and
506 coordinate with the agency in the consolidation of data centers.
507 (e) Provide transparent financial statements to customer
508 entities and the department Agency for Enterprise Information
509 Technology. The financial statements shall be provided as
510 follows:
511 1. Annually, by July 30 for the current fiscal year and by
512 December 1 for the subsequent fiscal year, the data center must
513 provide the total annual budgeted costs by major expenditure
514 category, including, but not limited to, salaries, expense,
515 operating capital outlay, contracted services, or other
516 personnel services, which directly relate to the provision of
517 each service and which separately indicate the administrative
518 overhead allocated to each service.
519 2. Annually, by July 30 for the current fiscal year and by
520 December 1 for the subsequent fiscal year, the data center must
521 provide total projected billings for each customer entity which
522 are required to recover the costs of the data center.
523 3. Annually, by January 31, the data center must provide
524 updates of the financial statements required under subparagraphs
525 1. and 2. for the current fiscal year.
526
527 The financial information required under subparagraphs 1., 2.,
528 and 3. must be based on current law and current appropriations.
529 (h) Develop a business continuity plan and conduct a live
530 exercise of the plan at least annually. The plan must be
531 approved by the board and the department Agency for Enterprise
532 Information Technology.
533 (i) Enter into a service-level agreement with each customer
534 entity to provide services as defined and approved by the board.
535 A service-level agreement may not have a term exceeding 3 years
536 but may include an option to renew for up to 3 years contingent
537 on approval by the board.
538 1. A service-level agreement, at a minimum, must:
539 a. Identify the parties and their roles, duties, and
540 responsibilities under the agreement.
541 b. Identify the legal authority under which the service
542 level agreement was negotiated and entered into by the parties.
543 c. State the duration of the contractual term and specify
544 the conditions for contract renewal.
545 d. Prohibit the transfer of computing services between
546 primary data center facilities without at least 180 days’ notice
547 of service cancellation.
548 e. Identify the scope of work.
549 f. Identify the products or services to be delivered with
550 sufficient specificity to permit an external financial or
551 performance audit.
552 g. Establish the services to be provided, the business
553 standards that must be met for each service, the cost of each
554 service, and the process by which the business standards for
555 each service are to be objectively measured and reported.
556 h. Identify applicable funds and funding streams for the
557 services or products under contract.
558 i. Provide a timely billing methodology for recovering the
559 cost of services provided to the customer entity.
560 j. Provide a procedure for modifying the service-level
561 agreement to address changes in projected costs of service.
562 k. Provide that a service-level agreement may be terminated
563 by either party for cause only after giving the other party and
564 the department Agency for Enterprise Information Technology
565 notice in writing of the cause for termination and an
566 opportunity for the other party to resolve the identified cause
567 within a reasonable period.
568 l. Provide for mediation of disputes by the Division of
569 Administrative Hearings pursuant to s. 120.573.
570 2. A service-level agreement may include:
571 a. A dispute resolution mechanism, including alternatives
572 to administrative or judicial proceedings;
573 b. The setting of a surety or performance bond for service
574 level agreements entered into with agency primary data centers
575 established by law; or
576 c. Additional terms and conditions as determined advisable
577 by the parties if such additional terms and conditions do not
578 conflict with the requirements of this section or rules adopted
579 by the department Agency for Enterprise Information Technology.
580 3. The failure to execute a service-level agreement within
581 60 days after service commencement shall, in the case of an
582 existing customer entity, result in a continuation of the terms
583 of the service-level agreement from the prior fiscal year,
584 including any amendments that were formally proposed to the
585 customer entity by the primary data center within the 3 months
586 before service commencement, and a revised cost-of-service
587 estimate. If a new customer entity fails to execute an agreement
588 within 60 days after service commencement, the data center may
589 cease services.
590 (2) BOARD OF TRUSTEES.—Each primary data center shall be
591 headed by a board of trustees as defined in s. 20.03.
592 (e) The executive director of the department Agency for
593 Enterprise Information Technology shall be the advisor to the
594 board.
595 (3) BOARD DUTIES.—Each board of trustees of a primary data
596 center shall:
597 (b) Establish procedures for the primary data center to
598 ensure that budgeting and accounting procedures, cost-recovery
599 methodologies, and operating procedures are in compliance with
600 laws governing the state data center system, rules adopted by
601 the department Agency for Enterprise Information Technology, and
602 applicable federal regulations, including 2 C.F.R. part 225 and
603 45 C.F.R.
604 (e) Ensure the sufficiency and transparency of the primary
605 data center financial information by:
606 1. Establishing policies that ensure that cost-recovery
607 methodologies, billings, receivables, expenditure, budgeting,
608 and accounting data are captured and reported timely,
609 consistently, accurately, and transparently and, upon adoption
610 of rules by the department Agency for Enterprise Information
611 Technology, are in compliance with such rules.
612 2. Requiring execution of service-level agreements by the
613 data center and each customer entity for services provided by
614 the data center to the customer entity.
615 3. Requiring cost recovery for the full cost of services,
616 including direct and indirect costs. The cost-recovery
617 methodology must ensure that no service is subsidizing another
618 service without an affirmative vote of approval by the customer
619 entity providing the subsidy.
620 4. Establishing special assessments to fund expansions
621 based on a methodology that apportions the assessment according
622 to the proportional benefit to each customer entity.
623 5. Providing rebates to customer entities when revenues
624 exceed costs and offsetting charges to those who have subsidized
625 other customer entity costs based on actual prior year final
626 expenditures. Rebates may be credited against future billings.
627 6. Approving all expenditures committing over $50,000 in a
628 fiscal year.
629 7. Projecting costs and revenues at the beginning of the
630 third quarter of each fiscal year through the end of the fiscal
631 year. If in any given fiscal year the primary data center is
632 projected to earn revenues that are below costs for that fiscal
633 year after first reducing operating costs where possible, the
634 board shall implement any combination of the following remedies
635 to cover the shortfall:
636 a. The board may direct the primary data center to adjust
637 current year chargeback rates through the end of the fiscal year
638 to cover the shortfall. The rate adjustments shall be
639 implemented using actual usage rate and billing data from the
640 first three quarters of the fiscal year and the same principles
641 used to set rates for the fiscal year.
642 b. The board may direct the primary data center to levy
643 one-time charges on all customer entities to cover the
644 shortfall. The one-time charges shall be implemented using
645 actual usage rate and billing data from the first three quarters
646 of the fiscal year and the same principles used to set rates for
647 the fiscal year.
648 c. The customer entities represented by each board member
649 may provide payments to cover the shortfall in proportion to the
650 amounts each entity paid in the prior fiscal year.
651 8. Providing a plan for consideration by the Legislative
652 Budget Commission if a billing rate schedule is used after the
653 start of the fiscal year which increases any agency’s costs for
654 that fiscal year.
655 (h) By July 1 of each year, submit to the department Agency
656 for Enterprise Information Technology proposed cost-recovery
657 mechanisms and rate structures for all customer entities for the
658 fiscal year including the cost-allocation methodology for
659 administrative expenditures and the calculation of
660 administrative expenditures as a percent of total costs.
661 (k) Coordinate with other primary data centers and the
662 department Agency for Enterprise Information Technology in order
663 to consolidate purchases of goods and services and lower the
664 cost of providing services to customer entities.
665 (4) REPEAL.—This section expires January 1, 2014.
666 Section 7. Section 282.204, Florida Statutes, is repealed.
667 Section 8. Section 282.205, Florida Statutes, is repealed.
668 Section 9. Section 282.206, Florida Statutes, is created to
669 read:
670 282.206 Fletcher Shared Resource Center.—The Fletcher
671 Shared Resource Center is established within the Department of
672 Financial Services.
673 (1) The center shall collaborate with the Department of
674 State Technology to develop policies, procedures, standards, and
675 rules for the delivery of enterprise information technology
676 services.
677 (2) The center shall provide co-location services to the
678 Department of Legal Affairs and the Department of Agriculture
679 and Consumer Services if data center equipment is moved pursuant
680 to subsections (5) or (6).
681 (3) The Department of Financial Services shall use the
682 Fletcher Shared Resource Center, provide full service to the
683 Office of Financial Regulation and the Office of Insurance
684 Regulation, and provide co-location services to host the
685 Legislative Appropriations System/Planning and Budgeting
686 Subsystem (LAS/PBS).
687 (4) The center shall be governed through a master
688 memorandum of understanding administered by a steering committee
689 comprised of the chief information officers of the customer
690 entities residing in the center. The steering committee shall
691 meet quarterly in order to ensure that customers are receiving
692 expected services in accordance with the memorandum of
693 understanding and to discuss services and structure. The
694 committee may create ad hoc workgroups to account for, mitigate,
695 and manage any unforeseen issues.
696 (5) The Department of Legal Affairs may move its data
697 center equipment to the center.
698 (6) The Department of Agriculture and Consumer Services may
699 move its Mayo Building data center equipment to the center.
700 Section 10. Subsections (3) through (6) of section 282.318,
701 Florida Statutes, are amended to read:
702 282.318 Enterprise security of data and information
703 technology.—
704 (3) The department Agency for Enterprise Information
705 Technology is responsible for establishing rules and publishing
706 guidelines for ensuring an appropriate level of security for all
707 data and information technology resources for executive branch
708 agencies. The department agency shall also perform the following
709 duties and responsibilities:
710 (a) Develop, and annually update by February 1, an
711 enterprise information security strategic plan that includes
712 security goals and objectives for the strategic issues of
713 information security policy, risk management, training, incident
714 management, and survivability planning.
715 (b) Develop enterprise security rules and published
716 guidelines for:
717 1. Comprehensive risk analyses and information security
718 audits conducted by state agencies.
719 2. Responding to suspected or confirmed information
720 security incidents, including suspected or confirmed breaches of
721 personal information or exempt data.
722 3. State agency security plans, including strategic
723 security plans and security program plans.
724 4. The recovery of information technology and data
725 following a disaster.
726 5. The managerial, operational, and technical safeguards
727 for protecting state government data and information technology
728 resources.
729 (c) Assist state agencies in complying with the provisions
730 of this section.
731 (d) Pursue appropriate funding for the purpose of enhancing
732 domestic security.
733 (e) Provide training for state agency information security
734 managers.
735 (f) Annually review the strategic and operational
736 information security plans of state executive branch agencies.
737 (4) To assist the department Agency for Enterprise
738 Information Technology in carrying out its responsibilities,
739 each state agency head shall, at a minimum:
740 (a) Designate an information security manager to administer
741 the security program of the agency for its data and information
742 technology resources. This designation must be provided annually
743 in writing to the department Agency for Enterprise Information
744 Technology by January 1.
745 (b) Submit to the department Agency for Enterprise
746 Information Technology annually by July 31, the agency’s
747 strategic and operational information security plans developed
748 pursuant to the department’s rules and guidelines established by
749 the Agency for Enterprise Information Technology.
750 1. The agency strategic information security plan must
751 cover a 3-year period and define security goals, intermediate
752 objectives, and projected agency costs for the strategic issues
753 of agency information security policy, risk management, security
754 training, security incident response, and survivability. The
755 plan must be based on the enterprise strategic information
756 security plan created by the department Agency for Enterprise
757 Information Technology. Additional issues may be included.
758 2. The state agency operational information security plan
759 must include a progress report for the prior operational
760 information security plan and a project plan that includes
761 activities, timelines, and deliverables for security objectives
762 that, subject to current resources, the state agency will
763 implement during the current fiscal year. The cost of
764 implementing the portions of the plan which cannot be funded
765 from current resources must be identified in the plan.
766 (c) Conduct, and update every 3 years, a comprehensive risk
767 analysis to determine the security threats to the data,
768 information, and information technology resources of the state
769 agency. The risk analysis information is confidential and exempt
770 from the provisions of s. 119.07(1), except that such
771 information shall be available to the Auditor General and the
772 department Agency for Enterprise Information Technology for
773 performing postauditing duties.
774 (d) Develop, and periodically update, written internal
775 policies and procedures that, which include procedures for
776 notifying the department Agency for Enterprise Information
777 Technology when a suspected or confirmed breach, or an
778 information security incident, occurs. Such policies and
779 procedures must be consistent with the rules and guidelines
780 established by the department Agency for Enterprise Information
781 Technology to ensure the security of the data, information, and
782 information technology resources of the state agency. The
783 internal policies and procedures that, if disclosed, could
784 facilitate the unauthorized modification, disclosure, or
785 destruction of data or information technology resources are
786 confidential information and exempt from s. 119.07(1), except
787 that such information shall be available to the Auditor General
788 and the department Agency for Enterprise Information Technology
789 for performing post auditing postauditing duties.
790 (e) Implement appropriate cost-effective safeguards to
791 address identified risks to the data, information, and
792 information technology resources of the state agency.
793 (f) Ensure that periodic internal audits and evaluations of
794 the agency’s security program for the data, information, and
795 information technology resources of the state agency are
796 conducted. The results of such audits and evaluations are
797 confidential information and exempt from s. 119.07(1), except
798 that such information shall be available to the Auditor General
799 and the department Agency for Enterprise Information Technology
800 for performing post auditing postauditing duties.
801 (g) Include appropriate security requirements in the
802 written specifications for the solicitation of information
803 technology and information technology resources and services,
804 which are consistent with the rules and guidelines established
805 by the department Agency for Enterprise Information Technology.
806 (h) Provide security awareness training to employees and
807 users of the state agency’s communication and information
808 resources concerning information security risks and the
809 responsibility of employees and users to comply with policies,
810 standards, guidelines, and operating procedures adopted by the
811 agency to reduce those risks.
812 (i) Develop a process for detecting, reporting, and
813 responding to suspected or confirmed security incidents,
814 including suspected or confirmed breaches consistent with the
815 security rules and guidelines established by the department
816 Agency for Enterprise Information Technology.
817 1. Suspected or confirmed information security incidents
818 and breaches must be immediately reported to the department
819 Agency for Enterprise Information Technology.
820 2. For incidents involving breaches, agencies shall provide
821 notice in accordance with s. 817.5681 and to the department
822 Agency for Enterprise Information Technology in accordance with
823 this subsection.
824 (5) Each state agency shall include appropriate security
825 requirements in the specifications for the solicitation of
826 contracts for procuring information technology or information
827 technology resources or services which are consistent with the
828 rules and guidelines established by the department Agency for
829 Enterprise Information Technology.
830 (6) The department Agency for Enterprise Information
831 Technology may adopt rules relating to information security and
832 to administer the provisions of this section.
833 Section 11. Section 282.33, Florida Statutes, is repealed.
834 Section 12. Effective upon this act becoming law, section
835 282.34, Florida Statutes, is repealed.
836 Section 13. Section 282.604, Florida Statutes, is amended
837 to read:
838 282.604 Adoption of rules.—The department of Management
839 Services shall, with input from stakeholders, adopt rules
840 pursuant to ss. 120.536(1) and 120.54 for the development,
841 procurement, maintenance, and use of accessible electronic
842 information technology by governmental units.
843 Section 14. Section 282.702, Florida Statutes, is amended
844 to read:
845 282.702 Powers and duties.—The department of Management
846 Services shall have the following powers, duties, and functions:
847 (1) To publish electronically the portfolio of services
848 available from the department, including pricing information;
849 the policies and procedures governing usage of available
850 services; and a forecast of the department’s priorities for each
851 telecommunications service.
852 (2) To adopt technical standards by rule for the state
853 telecommunications network which ensure the interconnection and
854 operational security of computer networks, telecommunications,
855 and information systems of agencies.
856 (3) To enter into agreements related to information
857 technology and telecommunications services with state agencies
858 and political subdivisions of the state.
859 (4) To purchase from or contract with information
860 technology providers for information technology, including
861 private line services.
862 (5) To apply for, receive, and hold authorizations,
863 patents, copyrights, trademarks, service marks, licenses, and
864 allocations or channels and frequencies to carry out the
865 purposes of this part.
866 (6) To purchase, lease, or otherwise acquire and to hold,
867 sell, transfer, license, or otherwise dispose of real, personal,
868 and intellectual property, including, but not limited to,
869 patents, trademarks, copyrights, and service marks.
870 (7) To cooperate with any federal, state, or local
871 emergency management agency in providing for emergency
872 telecommunications services.
873 (8) To control and approve the purchase, lease, or
874 acquisition and the use of telecommunications services,
875 software, circuits, and equipment provided as part of any other
876 total telecommunications system to be used by the state or its
877 agencies.
878 (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
879 relating to telecommunications and to administer the provisions
880 of this part.
881 (10) To apply for and accept federal funds for the purposes
882 of this part as well as gifts and donations from individuals,
883 foundations, and private organizations.
884 (11) To monitor issues relating to telecommunications
885 facilities and services before the Florida Public Service
886 Commission and the Federal Communications Commission and, if
887 necessary, prepare position papers, prepare testimony, appear as
888 a witness, and retain witnesses on behalf of state agencies in
889 proceedings before the commissions.
890 (12) Unless delegated to the state agencies by the
891 department, to manage and control, but not intercept or
892 interpret, telecommunications within the SUNCOM Network by:
893 (a) Establishing technical standards to physically
894 interface with the SUNCOM Network.
895 (b) Specifying how telecommunications are transmitted
896 within the SUNCOM Network.
897 (c) Controlling the routing of telecommunications within
898 the SUNCOM Network.
899 (d) Establishing standards, policies, and procedures for
900 access to and the security of the SUNCOM Network.
901 (e) Ensuring orderly and reliable telecommunications
902 services in accordance with the service level agreements
903 executed with state agencies.
904 (13) To plan, design, and conduct experiments for
905 telecommunications services, equipment, and technologies, and to
906 implement enhancements in the state telecommunications network
907 if in the public interest and cost-effective. Funding for such
908 experiments must be derived from SUNCOM Network service revenues
909 and may not exceed 2 percent of the annual budget for the SUNCOM
910 Network for any fiscal year or as provided in the General
911 Appropriations Act. New services offered as a result of this
912 subsection may not affect existing rates for facilities or
913 services.
914 (14) To enter into contracts or agreements, with or without
915 competitive bidding or procurement, to make available, on a
916 fair, reasonable, and nondiscriminatory basis, property and
917 other structures under departmental control for the placement of
918 new facilities by any wireless provider of mobile service as
919 defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
920 telecommunications company as defined in s. 364.02 if it is
921 practical and feasible to make such property or other structures
922 available. The department may, without adopting a rule, charge a
923 just, reasonable, and nondiscriminatory fee for the placement of
924 the facilities, payable annually, based on the fair market value
925 of space used by comparable telecommunications facilities in the
926 state. The department and a wireless provider or
927 telecommunications company may negotiate the reduction or
928 elimination of a fee in consideration of services provided to
929 the department by the wireless provider or telecommunications
930 company. All such fees collected by the department shall be
931 deposited directly into the Law Enforcement Radio Operating
932 Trust Fund, and may be used by the department to construct,
933 maintain, or support the system.
934 (15) To establish policies that ensure that the
935 department’s cost-recovery methodologies, billings, receivables,
936 expenditures, budgeting, and accounting data are captured and
937 reported timely, consistently, accurately, and transparently and
938 are in compliance with all applicable federal and state laws and
939 rules. The department shall annually submit a report to the
940 Governor, the President of the Senate, and the Speaker of the
941 House of Representatives a report that describes each service
942 and its cost, the billing methodology for recovering the cost of
943 the service, and, if applicable, the identity of those services
944 that are subsidized.
945 Section 15. Subsections (4) and (5) of section 282.703,
946 Florida Statutes, are amended to read:
947 282.703 SUNCOM Network; exemptions from the required use.—
948 (4) The department shall maintain a directory of
949 information and services which provides the names, phone
950 numbers, and email e-mail addresses for employees, state
951 agencies, and network devices that are served, in whole or in
952 part, by the SUNCOM Network. State agencies and political
953 subdivisions of the state shall cooperate with the department by
954 providing timely and accurate directory information in the
955 manner established by the department.
956 (5) All state agencies shall use the SUNCOM Network for
957 state agency telecommunications services as the services become
958 available; however, a state an agency is not relieved of
959 responsibility for maintaining telecommunications services
960 necessary for effective management of its programs and
961 functions. The department may provide such communications
962 services to a state university if requested by the university.
963 (a) If a SUNCOM Network service does not meet the
964 telecommunications requirements of a state an agency, the state
965 agency must notify the department in writing and detail the
966 requirements for that service. If the department is unable to
967 meet a state an agency’s requirements by enhancing SUNCOM
968 Network service, the department may grant the state agency an
969 exemption from the required use of specified SUNCOM Network
970 services.
971 (b) Unless an exemption has been granted by the department,
972 effective October 1, 2010, all customers of a shared resource
973 state primary data center, excluding state universities, must
974 use the shared SUNCOM Network telecommunications services
975 connecting the shared resource state primary data center to
976 SUNCOM services for all telecommunications needs in accordance
977 with department rules.
978 1. Upon discovery of customer noncompliance with this
979 paragraph, the department shall provide the affected customer
980 with a schedule for transferring to the shared
981 telecommunications services provided by the SUNCOM Network and
982 an estimate of all associated costs. The shared resource state
983 primary data centers and their customers shall cooperate with
984 the department to accomplish the transfer.
985 2. Customers may request an exemption from this paragraph
986 in the same manner as authorized in paragraph (a).
987 Section 16. Subsection (2) of section 20.22, Florida
988 Statutes, is amended to read:
989 20.22 Department of Management Services.—There is created a
990 Department of Management Services.
991 (2) The following divisions and programs are established
992 within the department of Management Services are established:
993 (a) Facilities Program.
994 (b) Technology Program.
995 (b)(c) Workforce Program.
996 (c)(d)1. Support Program.
997 (d)2. Federal Property Assistance Program.
998 (e) Administration Program.
999 (f) Division of Administrative Hearings.
1000 (g) Division of Retirement.
1001 (h) Division of State Group Insurance.
1002 Section 17. Paragraph (e) of subsection (2) of section
1003 110.205, Florida Statutes, is amended to read:
1004 110.205 Career service; exemptions.—
1005 (2) EXEMPT POSITIONS.—The exempt positions that are not
1006 covered by this part include the following:
1007 (e) The Chief Information Officer in the Department of
1008 State Agency for Enterprise Information Technology. Unless
1009 otherwise fixed by law, the Governor Agency for Enterprise
1010 Information Technology shall set the salary and benefits of this
1011 position in accordance with the rules of the Senior Management
1012 Service.
1013 Section 18. Paragraph (o) of subsection (1) of section
1014 215.22, Florida Statutes, is amended to read:
1015 215.22 Certain income and certain trust funds exempt.—
1016 (1) The following income of a revenue nature or the
1017 following trust funds shall be exempt from the appropriation
1018 required by s. 215.20(1):
1019 (o) The Communications Working Capital Trust Fund of the
1020 Department of State Technology Management Services.
1021 Section 19. Subsections (2) and (9) of section 215.322,
1022 Florida Statutes, are amended to read:
1023 215.322 Acceptance of credit cards, charge cards, debit
1024 cards, or electronic funds transfers by state agencies, units of
1025 local government, and the judicial branch.—
1026 (2) A state agency as defined in s. 216.011, or the
1027 judicial branch, may accept credit cards, charge cards, debit
1028 cards, or electronic funds transfers in payment for goods and
1029 services with the prior approval of the Chief Financial Officer.
1030 If the Internet or other related electronic methods are to be
1031 used as the collection medium, the Department of State Agency
1032 for Enterprise Information Technology shall review and recommend
1033 to the Chief Financial Officer whether to approve the request
1034 with regard to the process or procedure to be used.
1035 (9) For payment programs in which credit cards, charge
1036 cards, or debit cards are accepted by state agencies, the
1037 judicial branch, or units of local government, the Chief
1038 Financial Officer, in consultation with the Department of State
1039 Agency for Enterprise Information Technology, may adopt rules to
1040 establish uniform security safeguards for cardholder data and to
1041 ensure compliance with the Payment Card Industry Data Security
1042 Standards.
1043 Section 20. Subsection (2) of section 215.96, Florida
1044 Statutes, is amended to read:
1045 215.96 Coordinating council and design and coordination
1046 staff.—
1047 (2) The coordinating council shall consist of the Chief
1048 Financial Officer; the Commissioner of Agriculture; the Attorney
1049 General; the secretary of the Department of Management Services;
1050 the Secretary of the Department of State Technology the Attorney
1051 General; and the Director of Planning and Budgeting, Executive
1052 Office of the Governor, or their designees. The Chief Financial
1053 Officer, or his or her designee, shall be chair of the
1054 coordinating council, and the design and coordination staff
1055 shall provide administrative and clerical support to the council
1056 and the board. The design and coordination staff shall maintain
1057 the minutes of each meeting and shall make such minutes
1058 available to any interested person. The Auditor General, the
1059 State Courts Administrator, an executive officer of the Florida
1060 Association of State Agency Administrative Services Directors,
1061 and an executive officer of the Florida Association of State
1062 Budget Officers, or their designees, shall serve without voting
1063 rights as ex officio members of on the coordinating council. The
1064 chair may call meetings of the coordinating council as often as
1065 necessary to transact business; however, the coordinating
1066 council must shall meet at least once a year. Action of the
1067 coordinating council shall be by motion, duly made, seconded and
1068 passed by a majority of the coordinating council voting in the
1069 affirmative for approval of items that are to be recommended for
1070 approval to the Financial Management Information Board.
1071 Section 21. Paragraph (c) of subsection (6) of section
1072 216.292, Florida Statutes, is amended to read:
1073 216.292 Appropriations nontransferable; exceptions.—
1074 (6) The Chief Financial Officer shall transfer from any
1075 available funds of an agency or the judicial branch the
1076 following amounts and shall report all such transfers and the
1077 reasons therefor to the legislative appropriations committees
1078 and the Executive Office of the Governor:
1079 (c) The amount due to the Communications Working Capital
1080 Trust Fund from moneys appropriated in the General
1081 Appropriations Act for the purpose of paying for services
1082 provided by the state communications system in the Department of
1083 State Technology Management Services which is unpaid 45 days
1084 after the billing date. The amount transferred shall be that
1085 billed by the department.
1086 Section 22. Subsection (14) of section 287.012, Florida
1087 Statutes, is amended to read:
1088 287.012 Definitions.—As used in this part, the term:
1089 (14) “Information technology” means equipment, hardware,
1090 software, firmware, programs, systems, networks, infrastructure,
1091 media, and related material used to automatically,
1092 electronically, and wirelessly collect, receive, access,
1093 transmit, display, store, record, retrieve, analyze, evaluate,
1094 process, classify, manipulate, manage, assimilate, control,
1095 communicate, exchange, convert, converge, interface, switch, or
1096 disseminate information of any kind or form has the meaning
1097 ascribed in s. 282.0041.
1098 Section 23. Subsection (22) of section 287.057, Florida
1099 Statutes, is amended to read:
1100 287.057 Procurement of commodities or contractual
1101 services.—
1102 (22) The department, in consultation with the Department of
1103 State Agency for Enterprise Information Technology and the Chief
1104 Financial Officer Comptroller, shall maintain develop a program
1105 for online procurement of commodities and contractual services.
1106 To enable the state to promote open competition and to leverage
1107 its buying power, agencies shall participate in the online
1108 procurement program, and eligible users may participate in the
1109 program. Only vendors prequalified as meeting mandatory
1110 requirements and qualifications criteria may participate in
1111 online procurement.
1112 (a) The department, in consultation with the Department of
1113 State Technology agency, may contract for equipment and services
1114 necessary to develop and implement online procurement.
1115 (b) The department, in consultation with the Department of
1116 State Technology agency, shall adopt rules, pursuant to ss.
1117 120.536(1) and 120.54, to administer the program for online
1118 procurement. The rules must shall include, but are not be
1119 limited to:
1120 1. Determining the requirements and qualification criteria
1121 for prequalifying vendors.
1122 2. Establishing the procedures for conducting online
1123 procurement.
1124 3. Establishing the criteria for eligible commodities and
1125 contractual services.
1126 4. Establishing the procedures for providing access to
1127 online procurement.
1128 5. Determining the criteria warranting any exceptions to
1129 participation in the online procurement program.
1130 (c) The department may impose and shall collect all fees
1131 for the use of the online procurement systems.
1132 1. The fees may be imposed on an individual transaction
1133 basis or as a fixed percentage of the cost savings generated. At
1134 a minimum, the fees must be set in an amount sufficient to cover
1135 the projected costs of the services, including administrative
1136 and project service costs, in accordance with the policies of
1137 the department.
1138 2. If the department contracts with a provider for online
1139 procurement, the department, pursuant to appropriation, shall
1140 compensate the provider from the fees after the department has
1141 satisfied all ongoing costs. The provider shall report
1142 transaction data to the department each month so that the
1143 department may determine the amount due and payable to the
1144 department from each vendor.
1145 3. All fees that are due and payable to the state on a
1146 transactional basis or as a fixed percentage of the cost savings
1147 generated are subject to s. 215.31 and must be remitted within
1148 40 days after receipt of payment for which the fees are due. For
1149 fees that are not remitted within 40 days, the vendor shall pay
1150 interest at the rate established under s. 55.03(1) on the unpaid
1151 balance from the expiration of the 40-day period until the fees
1152 are remitted.
1153 4. All fees and surcharges collected under this paragraph
1154 shall be deposited in the Operating Trust Fund as provided by
1155 law.
1156 Section 24. Subsection (17) of section 318.18, Florida
1157 Statutes, is amended to read:
1158 318.18 Amount of penalties.—The penalties required for a
1159 noncriminal disposition pursuant to s. 318.14 or a criminal
1160 offense listed in s. 318.17 are as follows:
1161 (17) In addition to any penalties imposed, a surcharge of
1162 $3 must be paid for all criminal offenses listed in s. 318.17
1163 and for all noncriminal moving traffic violations under chapter
1164 316. Revenue from the surcharge shall be remitted to the
1165 Department of Revenue and deposited quarterly into the State
1166 Agency Law Enforcement Radio System Trust Fund of the Department
1167 of State Technology Management Services for the state agency law
1168 enforcement radio system, as described in s. 282.709, and to
1169 provide technical assistance to state agencies and local law
1170 enforcement agencies with their statewide systems of regional
1171 law enforcement communications, as described in s. 282.7101.
1172 This subsection expires July 1, 2021. The Department of State
1173 Technology Management Services may retain funds sufficient to
1174 recover the costs and expenses incurred for managing,
1175 administering, and overseeing the Statewide Law Enforcement
1176 Radio System, and providing technical assistance to state
1177 agencies and local law enforcement agencies with their statewide
1178 systems of regional law enforcement communications. The
1179 Department of State Technology Management Services working in
1180 conjunction with the Joint Task Force on State Agency Law
1181 Enforcement Communications shall determine and direct the
1182 purposes for which these funds are used to enhance and improve
1183 the radio system.
1184 Section 25. Section 320.0802, Florida Statutes, is amended
1185 to read:
1186 320.0802 Surcharge on license tax.—There is hereby levied
1187 and imposed on each license tax imposed under s. 320.08, except
1188 those set forth in s. 320.08(11), a surcharge in the amount of
1189 $1, which shall be collected in the same manner as the license
1190 tax and deposited into the State Agency Law Enforcement Radio
1191 System Trust Fund of the Department of State Technology
1192 Management Services.
1193 Section 26. Subsection (9) of section 328.72, Florida
1194 Statutes, is amended to read:
1195 328.72 Classification; registration; fees and charges;
1196 surcharge; disposition of fees; fines; marine turtle stickers.—
1197 (9) SURCHARGE.—In addition, there is hereby levied and
1198 imposed on each vessel registration fee imposed under subsection
1199 (1) a surcharge in the amount of $1 for each 12-month period of
1200 registration, which shall be collected in the same manner as the
1201 fee and deposited into the State Agency Law Enforcement Radio
1202 System Trust Fund of the Department of State Technology
1203 Management Services.
1204 Section 27. Subsections (2) through (5) of section
1205 364.0135, Florida Statutes, are amended to read:
1206 364.0135 Promotion of broadband adoption.—
1207 (2) The Department of State Technology may Management
1208 Services is authorized to work collaboratively with, and to
1209 receive staffing support and other resources from, Enterprise
1210 Florida, Inc., state agencies, local governments, private
1211 businesses, and community organizations to:
1212 (a) Monitor the adoption of broadband Internet service in
1213 collaboration with communications service providers, including,
1214 but not limited to, wireless and wireline Internet service
1215 providers, to develop geographical information system maps at
1216 the census tract level that will:
1217 1. Identify geographic gaps in broadband services,
1218 including areas unserved by any broadband provider and areas
1219 served by a single broadband provider;
1220 2. Identify the download and upload transmission speeds
1221 made available to businesses and individuals in the state, at
1222 the census tract level of detail, using data rate benchmarks for
1223 broadband service used by the Federal Communications Commission
1224 to reflect different speed tiers; and
1225 3. Provide a baseline assessment of statewide broadband
1226 deployment in terms of percentage of households with broadband
1227 availability.
1228 (b) Create a strategic plan that has goals and strategies
1229 for increasing the use of broadband Internet service in the
1230 state.
1231 (c) Build and facilitate local technology planning teams or
1232 partnerships with members representing cross-sections of the
1233 community, which may include, but are not limited to,
1234 representatives from the following organizations and industries:
1235 libraries, K-12 education, colleges and universities, local
1236 health care providers, private businesses, community
1237 organizations, economic development organizations, local
1238 governments, tourism, parks and recreation, and agriculture.
1239 (d) Encourage the use of broadband Internet service,
1240 especially in the rural, unserved, and underserved communities
1241 of the state through grant programs having effective strategies
1242 to facilitate the statewide deployment of broadband Internet
1243 service. For any grants to be awarded, priority must be given to
1244 projects that:
1245 1. Provide access to broadband education, awareness,
1246 training, access, equipment, and support to libraries, schools,
1247 colleges and universities, health care providers, and community
1248 support organizations.
1249 2. Encourage the sustainable adoption of broadband in
1250 primarily unserved areas by removing barriers to entry.
1251 3. Work toward encouraging investments in establishing
1252 affordable and sustainable broadband Internet service in
1253 unserved areas of the state.
1254 4. Facilitate the development of applications, programs,
1255 and services, including, but not limited to, telework,
1256 telemedicine, and e-learning to increase the usage of, and
1257 demand for, broadband Internet service in the state.
1258 (3) The Department of State Technology may:
1259 (a) Apply for and accept federal funds for the purposes of
1260 this section, as well as gifts and donations from individuals,
1261 foundations, and private organizations.
1262 (4) The Department may
1263 (b) Enter into contracts necessary or useful to carry out
1264 the purposes of this section.
1265 (c)(5) The department may Establish any committee or
1266 workgroup to administer and carry out the purposes of this
1267 section.
1268 Section 28. Subsections (3), (4), (5), (7), (9), and (10)
1269 of section 365.171, Florida Statutes, are amended to read:
1270 365.171 Emergency communications number E911 state plan.—
1271 (3) DEFINITIONS.—As used in this section, the term:
1272 (a) “Department” means the Department of State Technology
1273 “Office” means the Technology Program within the Department of
1274 Management Services, as designated by the secretary of the
1275 department.
1276 (b) “Local government” means any municipality city, county,
1277 or political subdivision of the state and its agencies.
1278 (c) “Public agency” means the state and any municipality
1279 city, county, city and county, municipal corporation, chartered
1280 organization, special public district, or public authority
1281 located in whole or in part within this state which provides, or
1282 has authority to provide, firefighting, law enforcement,
1283 ambulance, medical, or other emergency services.
1284 (d) “Public safety agency” means a functional division of a
1285 public agency which provides firefighting, law enforcement,
1286 medical, or other emergency services.
1287 (4) STATE PLAN.—The department office shall develop,
1288 maintain, and implement appropriate modifications for a
1289 statewide emergency communications E911 system plan. The plan
1290 shall provide for:
1291 (a) The public agency emergency communications requirements
1292 for each entity of local government in the state.
1293 (b) A system to meet specific local government
1294 requirements. Such system must shall include law enforcement,
1295 firefighting, and emergency medical services and may include
1296 other emergency services such as poison control, suicide
1297 prevention, and emergency management services.
1298 (c) Identification of the mutual aid agreements necessary
1299 to obtain an effective E911 system.
1300 (d) A funding provision that identifies the cost necessary
1301 to implement the E911 system.
1302
1303 The department is office shall be responsible for the
1304 implementation and coordination of such plan. The department
1305 office shall adopt any necessary rules and schedules related to
1306 public agencies for implementing and coordinating the plan,
1307 pursuant to chapter 120.
1308 (5) SYSTEM DIRECTOR.—The secretary of the department or his
1309 or her designee is designated as the director of the statewide
1310 emergency communications number E911 system and, for the purpose
1311 of carrying out the provisions of this section, may is
1312 authorized to coordinate the activities of the system with
1313 state, county, local, and private agencies. The director in
1314 implementing the system shall consult, cooperate, and coordinate
1315 with local law enforcement agencies.
1316 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The
1317 department office shall coordinate with the Florida Public
1318 Service Commission which shall encourage the Florida
1319 telecommunications industry to activate facility modification
1320 plans for timely E911 implementation.
1321 (9) SYSTEM APPROVAL.—An No emergency communications number
1322 E911 system may not shall be established or and no present
1323 system shall be expanded without the prior approval of the
1324 department office.
1325 (10) COMPLIANCE.—All public agencies shall assist the
1326 department office in their efforts to carry out the intent of
1327 this section, and such agencies shall comply with the developed
1328 plan.
1329 Section 29. Present paragraphs (h) through (s) of
1330 subsection (3) of section 365.172, Florida Statutes, are
1331 redesignated as paragraphs (i) through (t), respectively, a new
1332 paragraph (h) is added to that subsection, and paragraph (d) of
1333 subsection (2), present paragraph (t) of subsection (3),
1334 subsection (4), paragraph (a) of subsection (5), paragraph (c)
1335 of subsection (6), and paragraph (f) of subsection (12) of that
1336 section, are amended to read:
1337 365.172 Emergency communications number “E911.”—
1338 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
1339 to:
1340 (d) Provide for an E911 board to administer the fee, with
1341 oversight by the department office, in a manner that is
1342 competitively and technologically neutral with respect as to all
1343 voice communications services providers.
1344
1345 It is further the intent of the Legislature that the fee
1346 authorized or imposed by this section not necessarily provide
1347 the total funding required for establishing or providing E911
1348 service.
1349 (3) DEFINITIONS.—Only as used in this section and ss.
1350 365.171, 365.173, and 365.174, the term:
1351 (h) “Department” means the Department of State Technology.
1352 (t) “Office” means the Technology Program within the
1353 Department of Management Services, as designated by the
1354 secretary of the department.
1355 (4) POWERS AND DUTIES OF THE DEPARTMENT OFFICE.—The
1356 department office shall oversee the administration of the fee
1357 authorized and imposed on subscribers of voice communications
1358 services under subsection (8).
1359 (5) THE E911 BOARD.—
1360 (a) The E911 Board is established to administer, with
1361 oversight by the department office, the fee imposed under
1362 subsection (8), including receiving revenues derived from the
1363 fee; distributing portions of the revenues to wireless
1364 providers, counties, and the department office; accounting for
1365 receipts, distributions, and income derived from by the funds
1366 maintained in the fund; and providing annual reports to the
1367 Governor and the Legislature for submission by the department
1368 office on amounts collected and expended, the purposes for which
1369 expenditures have been made, and the status of E911 service in
1370 this state. In order to advise and assist the department office
1371 in administering implementing the purposes of this section, the
1372 board, which has the power of a body corporate, has the powers
1373 enumerated in subsection (6).
1374 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
1375 (c) By February 28 of each year, the board shall prepare a
1376 report for submission by the department office to the Governor,
1377 Cabinet, the President of the Senate, and the Speaker of the
1378 House of Representatives which addresses for the immediately
1379 preceding calendar year:
1380 1. The annual receipts, including the total amount of fee
1381 revenues collected by each provider, the total disbursements of
1382 money in the fund, including the amount of fund-reimbursed
1383 expenses incurred by each wireless provider to comply with the
1384 order, and the amount of moneys on deposit in the fund.
1385 2. Whether the amount of the fee and the allocation
1386 percentages set forth in s. 365.173 have been or should be
1387 adjusted to comply with the requirements of the order or other
1388 provisions of this chapter, and the reasons for making or not
1389 making a recommended adjustment to the fee.
1390 3. Any other issues related to providing E911 services.
1391 4. The status of E911 services in this state.
1392 (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
1393 the public need for reliable E911 services through reliable
1394 wireless systems and the public interest served by governmental
1395 zoning and land development regulations and notwithstanding any
1396 other law or local ordinance to the contrary, the following
1397 standards shall apply to a local government’s actions, as a
1398 regulatory body, in the regulation of the placement,
1399 construction, or modification of a wireless communications
1400 facility. This subsection does shall not, however, be construed
1401 to waive or alter the provisions of s. 286.011 or s. 286.0115.
1402 For the purposes of this subsection only, the term “local
1403 government” means only shall mean any municipality or county and
1404 any agency of a municipality or county only. The term “local
1405 government” does not, however, include any airport, as defined
1406 by s. 330.27(2), even if it is owned or controlled by or through
1407 a municipality, county, or agency of a municipality or county.
1408 Further, notwithstanding any other provision of anything in this
1409 section to the contrary, this subsection does not apply to or
1410 control a local government’s actions as a property or structure
1411 owner in the use of any property or structure owned by such
1412 entity for the placement, construction, or modification of
1413 wireless communications facilities. In the use of property or
1414 structures owned by the local government, however, a local
1415 government may not use its regulatory authority so as to avoid
1416 compliance with, or in a manner that does not advance, the
1417 provisions of this subsection.
1418 (f) Any other law to the contrary notwithstanding, the
1419 department and the Department of Management Services shall
1420 negotiate, in the name of the state, leases for wireless
1421 communications facilities that provide access to state
1422 government-owned property not acquired for transportation
1423 purposes, and the Department of Transportation shall negotiate,
1424 in the name of the state, leases for wireless communications
1425 facilities that provide access to property acquired for state
1426 rights-of-way. On property acquired for transportation purposes,
1427 leases shall be granted in accordance with s. 337.251. On other
1428 state government-owned property, leases shall be granted on a
1429 space available, first-come, first-served basis. Payments
1430 required by state government under a lease must be reasonable
1431 and must reflect the market rate for the use of the state
1432 government-owned property. The department of Management Services
1433 and the Department of Transportation may are authorized to adopt
1434 rules for the terms and conditions and granting of any such
1435 leases.
1436 Section 30. Subsection (1) and paragraph (g) of subsection
1437 (2) of section 365.173, Florida Statutes, are amended to read:
1438 365.173 Emergency Communications Number E911 System Fund.—
1439 (1) All revenues derived from the fee levied on subscribers
1440 under s. 365.172 must be paid by the board into the State
1441 Treasury on or before the 15th day of each month. Such moneys
1442 must be accounted for in a special fund to be designated as the
1443 Emergency Communications Number E911 System Fund, a fund created
1444 in the Department of State Technology Program, or other office
1445 as designated by the Secretary of Management Services, and, for
1446 accounting purposes, must be segregated into two separate
1447 categories:
1448 (a) The wireless category; and
1449 (b) The nonwireless category.
1450
1451 All moneys must be invested by the Chief Financial Officer
1452 pursuant to s. 17.61. All moneys in such fund shall are to be
1453 expended by the department office for the purposes provided in
1454 this section and s. 365.172. These funds are not subject to s.
1455 215.20.
1456 (2) As determined by the board pursuant to s.
1457 365.172(8)(h), and subject to any modifications approved by the
1458 board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
1459 the fund shall be distributed and used only as follows:
1460 (g) Two percent of the moneys in the fund shall be used to
1461 make monthly distributions to rural counties for the purpose of
1462 providing facilities and network and service enhancements and
1463 assistance for the 911 or E911 systems operated by rural
1464 counties and for the provision of grants by the department
1465 office to rural counties for upgrading and replacing E911
1466 systems.
1467
1468 The Legislature recognizes that the fee authorized under s.
1469 365.172 may not necessarily provide the total funding required
1470 for establishing or providing the E911 service. It is the intent
1471 of the Legislature that all revenue from the fee be used as
1472 specified in this subsection.
1473 Section 31. Subsection (1) of section 365.174, Florida
1474 Statutes, is amended to read:
1475 365.174 Proprietary confidential business information.—
1476 (1) All proprietary confidential business information
1477 submitted by a provider to the board or the Department of State
1478 Technology office, including the name and billing or service
1479 addresses of service subscribers, and trade secrets as defined
1480 by s. 812.081, is confidential and exempt from s. 119.07(1) and
1481 s. 24(a), Art. I of the State Constitution. Statistical
1482 abstracts of information collected by the board or the
1483 department office may be released or published, but only in a
1484 manner that does not identify or allow identification of
1485 subscribers or their service numbers or of revenues attributable
1486 to any provider.
1487 Section 32. Section 401.013, Florida Statutes, is amended
1488 to read:
1489 401.013 Legislative intent.—It is the intention and purpose
1490 of the Legislature that a statewide system of regional emergency
1491 medical telecommunications be developed whereby the maximum use
1492 of existing radio channels is achieved in order to more
1493 effectively and rapidly provide emergency medical service to the
1494 general population. To this end, all emergency medical service
1495 entities within the state are directed to provide the Department
1496 of State Technology Management Services with any information the
1497 department requests for the purpose of implementing the
1498 provisions of s. 401.015, and such entities must shall comply
1499 with the resultant provisions established pursuant to this part.
1500 Section 33. Section 401.015, Florida Statutes, is amended
1501 to read:
1502 401.015 Statewide regional emergency medical
1503 telecommunication system.—The Department of State Technology
1504 shall Management Services is authorized and directed to develop
1505 a statewide system of regional emergency medical
1506 telecommunications. For the purpose of this part, the term
1507 “telecommunications” means those voice, data, and signaling
1508 transmissions and receptions between emergency medical service
1509 components, including, but not limited to: ambulances; rescue
1510 vehicles; hospitals or other related emergency receiving
1511 facilities; emergency communications centers; physicians and
1512 emergency medical personnel; paging facilities; law enforcement
1513 and fire protection agencies; and poison control, suicide, and
1514 emergency management agencies. In formulating such a system, the
1515 agency department shall divide the state into appropriate
1516 regions and shall develop a program that which includes, but is
1517 not limited to, the following provisions:
1518 (1) A requirements provision that states, which shall state
1519 the telecommunications requirements for each emergency medical
1520 entity comprising the region.
1521 (2) An interfacility communications provision that depicts,
1522 which shall depict the telecommunications interfaces between the
1523 various medical service entities which operate within the region
1524 and state.
1525 (3) An organizational layout provision that includes, which
1526 shall include each emergency medical entity and the number of
1527 radio operating units (base, mobile, handheld, etc.) per entity.
1528 (4) A frequency allocation and use provision that includes,
1529 which shall include on an entity basis each assigned and planned
1530 radio channel and the type of operation (simplex, duplex, half
1531 duplex, etc.) on each channel.
1532 (5) An operational provision that includes, which shall
1533 include dispatching, logging, and operating procedures
1534 pertaining to telecommunications on an entity basis and regional
1535 basis.
1536 (6) An emergency medical service telephone provision that
1537 includes, which shall include the telephone and the numbering
1538 plan throughout the region for both the public and interface
1539 requirements.
1540 Section 34. Section 401.018, Florida Statutes, is amended
1541 to read:
1542 401.018 System coordination.—
1543 (1) The statewide system of regional emergency medical
1544 telecommunications shall be developed by the Department of State
1545 Technology Management Services, which department shall be
1546 responsible for the implementation and coordination of such
1547 system into the state telecommunications plan. The department
1548 shall adopt any necessary rules and regulations for
1549 administering implementing and coordinating such a system.
1550 (2) The Department of State Technology Management Services
1551 shall be designated as the state frequency coordinator for the
1552 special emergency radio service.
1553 Section 35. Section 401.021, Florida Statutes, is amended
1554 to read:
1555 401.021 System director.—The Secretary of the Department of
1556 State Technology Management Services or his or her designee is
1557 designated as the director of the statewide telecommunications
1558 system of the regional emergency medical service and, for the
1559 purpose of carrying out the provisions of this part, may is
1560 authorized to coordinate the activities of the
1561 telecommunications system with other interested state, county,
1562 local, and private agencies.
1563 Section 36. Section 401.024, Florida Statutes, is amended
1564 to read:
1565 401.024 System approval.—An From July 1, 1973, no emergency
1566 medical telecommunications system may not shall be established
1567 or present systems expanded without prior approval of the
1568 Department of State Technology Management Services.
1569 Section 37. Section 401.027, Florida Statutes, is amended
1570 to read:
1571 401.027 Federal assistance.—The Secretary of the Department
1572 of State Technology Management Services or his or her designee
1573 may is authorized to apply for and accept federal funding
1574 assistance in the development and implementation of a statewide
1575 emergency medical telecommunications system.
1576 Section 38. Subsection (4) of section 445.011, Florida
1577 Statutes, is amended to read:
1578 445.011 Workforce information systems.—
1579 (4) Workforce Florida, Inc., shall coordinate development
1580 and implementation of workforce information systems with the
1581 Secretary executive director of the Department of State Agency
1582 for Enterprise Information Technology to ensure compatibility
1583 with the state’s information system strategy and enterprise
1584 architecture.
1585 Section 39. Subsection (2) and paragraphs (a) and (b) of
1586 subsection (4) of section 445.045, Florida Statutes, are amended
1587 to read:
1588 445.045 Development of an Internet-based system for
1589 information technology industry promotion and workforce
1590 recruitment.—
1591 (2) Workforce Florida, Inc., shall coordinate with the
1592 Department of State Agency for Enterprise Information Technology
1593 and the Department of Economic Opportunity to ensure that links,
1594 where feasible and appropriate, to existing job information
1595 websites maintained by the state and state agencies and to
1596 ensure that information technology positions offered by the
1597 state and state agencies are posted on the information
1598 technology website.
1599 (4)(a) Workforce Florida, Inc., shall coordinate
1600 development and maintenance of the website under this section
1601 with the Secretary executive director of the Department of State
1602 Agency for Enterprise Information Technology to ensure
1603 compatibility with the state’s information system strategy and
1604 enterprise architecture.
1605 (b) Workforce Florida, Inc., may enter into an agreement
1606 with the Department of State Agency for Enterprise Information
1607 Technology, the Department of Economic Opportunity, or any other
1608 public agency with the requisite information technology
1609 expertise for the provision of design, operating, or other
1610 technological services necessary to develop and maintain the
1611 website.
1612 Section 40. Paragraph (b) of subsection (18) of section
1613 668.50, Florida Statutes, is amended to read:
1614 668.50 Uniform Electronic Transaction Act.—
1615 (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
1616 GOVERNMENTAL AGENCIES.—
1617 (b) To the extent that a governmental agency uses
1618 electronic records and electronic signatures under paragraph
1619 (a), the Department of State Agency for Enterprise Information
1620 Technology, in consultation with the governmental agency, giving
1621 due consideration to security, may specify:
1622 1. The manner and format in which the electronic records
1623 must be created, generated, sent, communicated, received, and
1624 stored and the systems established for those purposes.
1625 2. If electronic records must be signed by electronic
1626 means, the type of electronic signature required, the manner and
1627 format in which the electronic signature must be affixed to the
1628 electronic record, and the identity of, or criteria that must be
1629 met by, any third party used by a person filing a document to
1630 facilitate the process.
1631 3. Control processes and procedures as appropriate to
1632 ensure adequate preservation, disposition, integrity, security,
1633 confidentiality, and auditability of electronic records.
1634 4. Any other required attributes for electronic records
1635 which are specified for corresponding nonelectronic records or
1636 reasonably necessary under the circumstances.
1637 Section 41. Transfer from the Executive Office of the
1638 Governor.—All of the powers, duties, functions, records,
1639 personnel, and property; funds, trust funds, and unexpended
1640 balances of appropriations, allocations, and other funds;
1641 administrative authority; administrative rules; pending issues;
1642 and existing contracts of the Agency for Enterprise Information
1643 Technology within the Executive Office of the Governor shall
1644 continue and to the extent necessary are transferred by a type
1645 one transfer, pursuant to s. 20.06(1), Florida Statutes, to the
1646 Department of State Technology under s. 20.61, Florida Statutes.
1647 Section 42. Transfer from the Department of Management
1648 Services.—Effective January 1, 2014:
1649 (1) The Technology Program established under s. 20.22(2),
1650 Florida Statutes, is transferred intact by a type one transfer,
1651 as defined in s. 20.06, Florida Statutes, from the Department of
1652 Management Services to the Department of State Technology.
1653 (2) All of the powers, duties, functions, records,
1654 personnel, and property; funds, trust funds, and unexpended
1655 balances of appropriations, allocations, and other funds;
1656 administrative authority; administrative rules; pending issues;
1657 and existing contracts relating to the following
1658 responsibilities of the Department of Management Services are
1659 transferred by a type one transfer, as defined in s.20.06, to
1660 the Department of State Technology:
1661 (a) Administrative and regulatory responsibilities under
1662 part II of chapter 282, Florida Statutes, consisting of ss.
1663 282.601-282.606, Florida Statutes, relating to accessibility of
1664 electronic information and information technology for state
1665 employees and members of the public with disabilities, including
1666 the responsibility for rules for the development, procurement,
1667 maintenance, and use of accessible electronic information
1668 technology by governmental units pursuant to s. 282.604, Florida
1669 Statutes.
1670 (b) Administrative and regulatory responsibilities under
1671 part III of chapter 282, Florida Statutes, consisting of ss.
1672 282.701-282.711, Florida Statutes, relating to the state
1673 telecommunications network, state communications,
1674 telecommunications services with state agencies and political
1675 subdivisions of the state, the SUNCOM network, the law
1676 enforcement radio system and interoperability network, regional
1677 law enforcement communications, and remote electronic access.
1678 (c) Administrative and regulatory responsibilities under s.
1679 364.0135, Florida Statutes, relating to broadband Internet
1680 service.
1681 (d) Administrative and regulatory responsibilities under
1682 ss. 365.171-365.175, Florida Statutes, relating to emergency
1683 communications number E911.
1684 (e) Administrative and regulatory responsibilities under
1685 part I of chapter 401, Florida Statutes, consisting of ss.
1686 401.013-401.027, Florida Statutes, relating to a statewide
1687 system of regional emergency medical telecommunications.
1688 (3)(a) The following trust funds are transferred by a type
1689 one transfer, as defined in s. 20.06(1), Florida Statutes, from
1690 the Department of Management Services to the Department of State
1691 Technology:
1692 1. The Communications Working Capital Trust Fund.
1693 2. The Emergency Communications Number E911 System Fund.
1694 3. The State Agency Law Enforcement Radio System Trust
1695 Fund.
1696 4. Federal Grants Trust Fund.
1697 (b) All unexpended balances of appropriations, allocations,
1698 and other funds of the Department of Management Services
1699 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
1700 365.175, and part I of chapter 401, Florida Statutes, which are
1701 not specifically transferred by this subsection are transferred
1702 by a type one transfer, as defined in s. 20.06(1), Florida
1703 Statutes, to the Department of State Technology.
1704 (4) All lawful orders issued by the Department of
1705 Management Services implementing or enforcing or otherwise in
1706 regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
1707 or part I of chapter 401, Florida Statutes, issued before
1708 January 1, 2014, shall remain in effect and be enforceable after
1709 that date unless thereafter modified in accordance with law.
1710 (5) Any binding contract or interagency agreement entered
1711 into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
1712 365.175, or part I of chapter 401, Florida Statutes, and
1713 existing before January 1, 2014, between the Department of
1714 Management Services or an entity or agent of the department and
1715 any other agency, entity, or person shall continue as a binding
1716 contract or agreement for the remainder of the term of such
1717 contract or agreement on the Department of State Technology.
1718 (6) The rules of the Department of Management Services
1719 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
1720 365.175, or part I of chapter 401, Florida Statutes, that were
1721 in effect at 11:59 p.m. on December 31, 2013, shall become the
1722 rules of the Department of State Technology and remain in effect
1723 until amended or repealed in the manner provided by law.
1724 (7) The transfer of regulatory authority under ss. 282.701
1725 282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
1726 401, Florida Statutes, provided by this section does not affect
1727 the validity of any judicial or administrative action pending as
1728 of 11:59 p.m. on December 31, 2013, to which the Department of
1729 Management Services is at that time a party, and the Department
1730 of State Technology shall be substituted as a party in interest
1731 in any such action.
1732 (8) The Northwood Shared Resource Center is transferred by
1733 a type one transfer, as defined in s. 20.06, Florida Statutes,
1734 from the Department of Management Services to the Department of
1735 State Technology.
1736 (a) Any binding contract or interagency agreement entered
1737 into between the Northwood Shared Resource Center or an entity
1738 or agent of the center and any other agency, entity, or person
1739 shall continue as a binding contract or agreement for the
1740 remainder of the term of such contract or agreement on the
1741 Department of State Technology.
1742 (b) The rules of the Northwood Shared Resource Center that
1743 were in effect at 11:59 p.m. on December 31, 2013, shall become
1744 the rules of the Department of State Technology and shall remain
1745 in effect until amended or repealed in the manner provided by
1746 law.
1747 (9) The Southwood Shared Resource Center is transferred by
1748 a type one transfer, as defined in s. 20.06, Florida Statutes,
1749 from the Department of Management Services to the Department of
1750 State Technology.
1751 (a) Any binding contract or interagency agreement entered
1752 into between the Southwood Shared Resource Center or an entity
1753 or agent of the center and any other agency, entity, or person
1754 shall continue as a binding contract or agreement for the
1755 remainder of the term of such contract or agreement on the
1756 Department of State Technology.
1757 (b) The rules of the Southwood Shared Resource Center that
1758 were in effect at 11:59 p.m. on December 31, 2013, shall become
1759 the rules of the Department of State Technology and shall remain
1760 in effect until amended or repealed in the manner provided by
1761 law.
1762 Section 43. For the 2013-2014 fiscal year, the sum of
1763 $2,865,108 in recurring general revenue funds, $2,134,892 in
1764 nonrecurring general revenue funds, and 24 full-time equivalent
1765 positions and associated salary rate of 2,010,951 are
1766 appropriated to the Department of State Technology for the
1767 purpose of implementing this act.
1768 Section 44. Except as otherwise expressly provided in this
1769 act and except for this section, which shall take effect upon
1770 become law, this act shall take effect July 1, 2013.