Florida Senate - 2013                             CS for SB 1762
       
       
       
       By the Committees on Appropriations; and Governmental Oversight
       and Accountability
       
       
       
       576-03105-13                                          20131762c1
    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         deleting the requirement that the department’s work
   15         plan be presented at a public hearing; expressly
   16         exempting certain entities from data center
   17         consolidation; creating s. 282.0057, F.S.; providing a
   18         schedule for the initiation of department information
   19         technology projects; specifying tasks to be approved
   20         and completed; repealing s. 282.201, relating to the
   21         state data center system; amending s. 282.203, F.S.;
   22         conforming provisions to changes made by the act;
   23         providing for future repeal; repealing s. 282.204,
   24         F.S., relating to Northwood Shared Resource Center;
   25         repealing s. 282.205, F.S., relating to Southwood
   26         Shared Resource Center; creating s. 282.206, F.S.;
   27         establishing the Fletcher Shared Resource Center
   28         within the Department of Financial Services to provide
   29         enterprise information technology services to the
   30         department, co-location services to the Department of
   31         Legal Services and the Department of Agriculture and
   32         Consumer Services, and host the Legislative
   33         Appropriations System/Planning and Budgeting
   34         Subsystem; providing for governance of the center;
   35         authorizing the Department of Legal Affairs and the
   36         Department of Agriculture and Consumer Services to
   37         move data center equipment to the center; amending s.
   38         282.318, F.S.; conforming provisions to changes made
   39         by the act; repealing s. 282.33, F.S., relating to
   40         objective standards for data center energy efficiency;
   41         repealing s. 282.34, F.S., relating to enterprise
   42         email service; amending ss. 282.604, 282.702, 282.703,
   43         20.22, 110.205, 215.22, 215.322, 215.96, 216.292,
   44         287.012, 287.057, 318.18, 320.0802,328.72, 364.0135,
   45         365.171, 365.172, 365.173, 365.174, 401.013, 401.015,
   46         401.018, 401.021, 401.024, 401.027, 445.011, 445.045,
   47         668.50, and 1006.73, F.S.; conforming provisions to
   48         changes made by the act; transferring the personnel,
   49         functions, and funds of the Agency for Enterprise
   50         Information Technology to the Department of State
   51         Technology; transferring specified personnel,
   52         functions, funds, trust funds, administrative orders,
   53         contracts, and rules relating to technology programs
   54         from the Department of Management Services to the
   55         Department of State Technology; transferring the
   56         Northwood Shared Resource Center and the Southwood
   57         Shared Resource Center to the department; providing
   58         that the status of any employee positions transferred
   59         to the department is retained; providing an
   60         appropriation; providing effective dates.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Section 14.204, Florida Statutes, is
   65  transferred, renumbered as section 20.61, Florida Statutes, and
   66  amended to read:
   67         (Substantial rewording of section. See
   68         s. 14.204, F.S. for present text)
   69         20.61Department of State Technology; powers and duties.
   70  The Department of State Technology is hereby created as an
   71  executive agency under the Governor.
   72         (1) The department shall have a secretary, who shall be
   73  appointed by the Governor. The secretary must be confirmed by
   74  the Senate and shall serve at the pleasure of the Governor. The
   75  secretary shall be the state’s Chief Information Officer.
   76         (2) The Technology Advisory Council consisting of nine
   77  members shall be established and maintained pursuant to s.
   78  20.052. Four of the members of the council shall be appointed by
   79  the Governor, of which two members must be from the private
   80  sector; three of the members shall be appointed by the Cabinet;
   81  one of the members shall be appointed by the Speaker of the
   82  House of Representative; and one member shall be appointed by
   83  the Senate President. Upon initial establishment of the council,
   84  two of the Governor’s appointments and two of the Cabinet’s
   85  appointments shall be for 2 year terms. Thereafter, all
   86  appointments shall be for 4 year terms.
   87         (a) The council shall consider and make recommendations to
   88  the secretary on such matters as enterprise information
   89  technology policies, standards, services, and architecture.
   90         (b) The secretary shall consult with the council with
   91  regard to executing the duties and responsibilities of the
   92  department related to statewide information technology strategic
   93  planning and policy.
   94         (3)The following divisions and offices are established
   95  within the department:
   96         (a) Division of Information Management.
   97         (b) Division of Enterprise Information Technology Services.
   98         (c) The Office Of Information Security.
   99         (d) The Office of Strategic Planning.
  100         (4) There shall be a Chief Operations Officer, a Chief
  101  Planning Officer, a Chief Security Officer, and a Deputy Chief
  102  Information Officer all of whom serve at the pleasure of the
  103  secretary.
  104         (a) The Chief Operations Officer is responsible for the
  105  operations and delivery of enterprise information technology
  106  services including management of telecommunication services and
  107  data center operations.
  108         (b) The Chief Planning Officer is responsible for
  109  establishing and maintaining enterprise information technology
  110  policy, planning, standards, project management, oversight, and
  111  procurement.
  112         (c) The Chief Security Officer is responsible for
  113  establishing and maintaining the enterprise strategy and program
  114  for ensuring information assets are adequately protected.
  115         (d) The Deputy Chief Information Officer is responsible for
  116  establishing and maintaining the enterprise strategy for
  117  enterprise information technology services.
  118         (5) The following deputy Chief Information Officer
  119  positions shall be appointed and serve at the pleasure of the
  120  secretary. Each deputy is responsible for the following core
  121  agency groups:
  122         (a) Deputy Information Officer of Human Services, to
  123  include:
  124         1. Department of Elder Affairs.
  125         2.Agency for Health Care Administration.
  126         3.Agency for Persons with Disabilities.
  127         4.Department of Children and Families.
  128         5.Department of Health.
  129         6.Department of Veterans’ Affairs.
  130         (b)Deputy Information Officer of Criminal and Civil
  131  Justice, to include:
  132         1.Department of Juvenile Justice.
  133         2.Parole Commission.
  134         3.Department of Corrections.
  135         4.Board of Clemency.
  136         5.Department of Law Enforcement.
  137         6.Department of Highway Safety and Motor Vehicles.
  138         (c)Deputy Information Officer of Education, to include
  139  the:
  140         1.Department of Education.
  141         2.State Board of Education.
  142         3.Board of Governors.
  143         (d)Deputy Information Officer of Business Operations, to
  144  include:
  145         1.Department of Revenue.
  146         2.Department of Business and Professional Regulation.
  147         3.Department of the Lottery.
  148         4.Department of Economic Opportunity.
  149         (e)Deputy Information Officer of Community Services, to
  150  include:
  151         1.Department of Military Affairs.
  152         2.Department of Transportation.
  153         3.Department of State.
  154         4.Department of Emergency Management.
  155         (f)Deputy Information Officer of Natural Resources, to
  156  include:
  157         1.Department of Environmental Protection.
  158         2.Department of Fish and Wildlife.
  159         3.Department of Citrus.
  160         (g) Deputy Information Officer of Executive and
  161  Administrative Support Service, to include:
  162         1. The Department of Financial Services.
  163         2. The Department of Management Services.
  164         3. The Department of Legal Affairs.
  165         4. The Department of Agriculture and Consumer Services.
  166         (6) In order to optimize the efficiency and utility of
  167  information technology systems within core agency groups, the
  168  secretary may require the participation of programs within a
  169  state agency to work with a deputy chief information officer
  170  outside of the agency’s assigned core group.
  171         (7) The secretary may obtain administrative services
  172  through the Department of Management Services pursuant to a
  173  memorandum of understanding.
  174         Section 2. Section 282.0041, Florida Statutes, is reordered
  175  and amended to read:
  176         282.0041 Definitions.—As used in this chapter, the term:
  177         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  178  except that for purposes of this chapter, “agency” does not
  179  include university boards of trustees or state universities.
  180         (2)“Agency for Enterprise Information Technology” means
  181  the agency created in s. 14.204.
  182         (1)(3) “Agency information technology service” means a
  183  service that directly helps a state an agency fulfill its
  184  statutory or constitutional responsibilities and policy
  185  objectives and is usually associated with the state agency’s
  186  primary or core business functions.
  187         (4) “Annual budget meeting” means a meeting of the board of
  188  trustees of a primary data center to review data center usage to
  189  determine the apportionment of board members for the following
  190  fiscal year, review rates for each service provided, and
  191  determine any other required changes.
  192         (2)(5) “Breach” has the same meaning as in s. 817.5681(4).
  193         (3)(6) “Business continuity plan” means a plan for disaster
  194  recovery which provides for the continued functioning of a
  195  shared resource center or primary data center during and after a
  196  disaster.
  197         (4)(7) “Computing facility” means a state agency site space
  198  containing fewer than a total of 10 physical or logical servers,
  199  any of which supports a strategic or nonstrategic information
  200  technology service, as described in budget instructions
  201  developed pursuant to s. 216.023, but excluding
  202  telecommunications and voice gateways and clustered pairs of
  203  servers operating as a single logical server to provide file,
  204  print, security, and endpoint management services single,
  205  logical-server installations that exclusively perform a utility
  206  function such as file and print servers.
  207         (5) “Computing service” means an information technology
  208  service that is used in all state agencies or a subset of
  209  agencies.
  210         (8) “Customer entity” means an entity that obtains services
  211  from a primary data center.
  212         (6)(9) “Data center” means state agency space containing 10
  213  or more physical or logical servers, any of which supports a
  214  strategic or nonstrategic information technology service, as
  215  described in budget instructions developed pursuant to s.
  216  216.023.
  217         (7)(10) “Department” means the Department of State
  218  Technology Management Services.
  219         (9)(11) “Enterprise information technology service” means
  220  an information technology service that is used in all state
  221  agencies or a subset of state agencies and is established in law
  222  to be designed, delivered, and managed at the enterprise level.
  223         (8)(12) “Email E-mail, messaging, and calendaring service”
  224  means the enterprise information technology service that enables
  225  users to send, receive, file, store, manage, and retrieve
  226  electronic messages, attachments, appointments, and addresses.
  227  The e-mail, messaging, and calendaring service must include e
  228  mail account management; help desk; technical support and user
  229  provisioning services; disaster recovery and backup and restore
  230  capabilities; antispam and antivirus capabilities; archiving and
  231  e-discovery; and remote access and mobile messaging
  232  capabilities.
  233         (10)(13) “Information-system utility” means an information
  234  processing a full-service information-processing facility
  235  offering hardware, software, operations, integration,
  236  networking, floor space, and consulting services.
  237         (12)(14) “Information technology resources” means
  238  equipment, hardware, software, firmware, programs, systems,
  239  networks, infrastructure, media, and related material used to
  240  automatically, electronically, and wirelessly collect, receive,
  241  access, transmit, display, store, record, retrieve, analyze,
  242  evaluate, process, classify, manipulate, manage, assimilate,
  243  control, communicate, exchange, convert, converge, interface,
  244  switch, or disseminate information of any kind or form, and
  245  includes the human resources to perform such duties except for
  246  application developers and logical database administrators.
  247         (11)(15) “Information technology policy” means statements
  248  that describe clear choices for how information technology will
  249  deliver effective and efficient government services to residents
  250  and improve state agency operations. A policy may relate to
  251  investments, business applications, architecture, or
  252  infrastructure. A policy describes its rationale, implications
  253  of compliance or noncompliance, the timeline for implementation,
  254  metrics for determining compliance, and the accountable
  255  structure responsible for its implementation.
  256         (13) “Local area network” means any telecommunications
  257  network through which messages and data are exchanged only
  258  within a single building or contiguous campus.
  259         (14) “Memorandum of understanding” means a written
  260  agreement between the department and a state agency which
  261  specifies the scope of services provided, service level,
  262  duration of the agreement, responsible parties, and service
  263  costs. A memorandum of understanding is not a rule pursuant to
  264  chapter 120.
  265         (15) “Other public sector organizations” means entities of
  266  the legislative and judicial branches, the State University
  267  System, the Florida Community College System, counties, and
  268  municipalities. Such organizations may elect to participate in
  269  the information technology programs, services, or contracts
  270  offered by the department, including information technology
  271  procurement, in accordance with general law, policies, and
  272  administrative rules.
  273         (16) “Performance metrics” means the measures of an
  274  organization’s activities and performance.
  275         (16)(17) “Primary data center” means a data center that is
  276  a recipient entity for consolidation of state agency information
  277  technology resources and provides contracted services to the
  278  agency nonprimary data centers and computing facilities and that
  279  is established by law.
  280         (17)(18) “Project” means an endeavor that has a defined
  281  start and end point; is undertaken to create or modify a unique
  282  product, service, or result; and has specific objectives that,
  283  when attained, signify completion.
  284         (18)(19) “Risk analysis” means the process of identifying
  285  security risks, determining their magnitude, and identifying
  286  areas needing safeguards.
  287         (19)(20) “Service level” means the key performance
  288  indicators (KPI) of an organization or service which must be
  289  regularly performed, monitored, and achieved.
  290         (21) “Service-level agreement” means a written contract
  291  between a data center and a customer entity which specifies the
  292  scope of services provided, service level, the duration of the
  293  agreement, the responsible parties, and service costs. A
  294  service-level agreement is not a rule pursuant to chapter 120.
  295         (20) “Shared resource center” means a primary data center
  296  that is state controlled.
  297         (21)(22) “Standards” means required practices, controls,
  298  components, or configurations established by an authority.
  299         (22) “State agency” has the same meaning as in s.
  300  216.011(1), but excluding the Department of Legal Affairs, the
  301  Department of Financial Services, and the Department of
  302  Agriculture and Consumer Services.
  303         (23) “State agency site” means a single, contiguous local
  304  area network segment that does not traverse a metropolitan area
  305  network or wide area network.
  306         (24)(23) “SUNCOM Network” means the state enterprise
  307  telecommunications system that provides all methods of
  308  electronic or optical telecommunications beyond a single
  309  building or contiguous building complex and used by entities
  310  authorized as network users under this part.
  311         (25)(24) “Telecommunications” means the science and
  312  technology of communication at a distance, including electronic
  313  systems used in the transmission or reception of information.
  314         (26)(25) “Threat” means any circumstance or event that may
  315  cause harm to the integrity, availability, or confidentiality of
  316  information technology resources.
  317         (27)(26) “Total cost” means all costs associated with
  318  information technology projects or initiatives, including, but
  319  not limited to, value of hardware, software, service,
  320  maintenance, incremental personnel, and facilities. Total cost
  321  of a loan or gift of information technology resources to a state
  322  an agency includes the fair market value of the resources.
  323         (28)(27) “Usage” means the billing amount charged by the
  324  shared resource primary data center, minus less any pass-through
  325  charges, to the customer entity.
  326         (29)(28) “Usage rate” means a customer entity’s usage or
  327  billing amount as a percentage of total usage.
  328         (30) “Wide area network” means a telecommunications network
  329  or components thereof through which messages and data are
  330  exchanged outside of a local area network.
  331         Section 3. Section 282.0055, Florida Statutes, is amended
  332  to read:
  333         282.0055 Assignment of information technology; long-range
  334  plan; powers and duties.—The department shall design, plan,
  335  develop, implement, and manage state enterprise information
  336  technology services and infrastructure to achieve the use of
  337  cost-effective and cost-efficient common technology. In order to
  338  ensure the most effective and efficient use of the state’s
  339  information technology and information technology resources and
  340  notwithstanding other provisions of law to the contrary,
  341  policies for the design, planning, project management, and
  342  implementation of enterprise information technology services
  343  shall be the responsibility of the Agency for Enterprise
  344  Information Technology for executive branch agencies created or
  345  authorized in statute to perform legislatively delegated
  346  functions. The supervision, design, delivery, and management of
  347  state agency information technology shall remain within the
  348  responsibility and control of the individual state agency.
  349         (1) To assist with achieving this purpose, the department
  350  shall biennially develop and coordinate a comprehensive long
  351  range plan for the state’s information technology resources,
  352  including opportunities for coordinating with other public
  353  sector organizations; ensuring the proper management of such
  354  resources; developing agency budget requests for submission to
  355  the Legislature; and delivering enterprise information
  356  technology services. In developing the plan, the department
  357  shall identify best practices from executive branch agencies and
  358  other public and private sector entities in order to develop,
  359  replicate, and implement such information technology best
  360  practices and standards into the state’s technology services and
  361  infrastructure.
  362         (2) The department shall have the following powers and
  363  duties:
  364         (a) Setting state technology policy.
  365         (b) The development, design, planning, project management,
  366  implementation, delivery, and management of enterprise
  367  information technology services.
  368         (c) Establishing architecture for the state’s technology
  369  infrastructure in order to promote the efficient use of
  370  resources and to promote economic development.
  371         (d) Preparing fiscal impact statements relating to
  372  necessary modifications and the delivery of technology to
  373  support policies required by proposed legislation.
  374         (e) Coordinating technology resource acquisition planning,
  375  and assisting the Department of Management Services′ Division of
  376  Purchasing in using aggregate buying methodologies whenever
  377  possible and with procurement negotiations for hardware and
  378  software products and services in order to improve the
  379  efficiency and reduce the cost of enterprise information
  380  technology services.
  381         (f) Upon request, advising, supporting, and collaborating
  382  with the Division of Purchasing in the Department of Management
  383  Services, in establishing best practices for the procurement of
  384  information technology products in order to achieve savings for
  385  the state.
  386         (g) Upon request, supporting and collaborating with the
  387  Division of Purchasing in the Department of Management Services,
  388  in conducting procurement negotiations for information
  389  technology products that will be used by multiple state
  390  agencies.
  391         (h) Providing oversight or project management for all
  392  technology resources for projects exceeding an annual investment
  393  of $2.5 million to accomplish goals of technology portfolio
  394  management.
  395         (i) Establishing performance measurement standards and
  396  metrics regarding the success of technology projects and
  397  services across the enterprise.
  398         (j) Establishing standards for state agencies to submit
  399  information technology reports or updates as necessary to
  400  support the duties of the agency. At a minimum, such standards
  401  must address content, format, and frequency of updates.
  402         (k) Establishing and collecting fees and charges for data
  403  and delivery of enterprise information technology services to
  404  state agencies on a cost-sharing basis.
  405         (l) Developing a cost-recovery plan to recover both the
  406  costs and the accrual of funds sufficient for reinvesting in new
  407  services and better technologies. This plan shall be developed
  408  in consultation with state agencies and approved by the
  409  Legislature.
  410         (m) At the discretion of the department, collecting and
  411  maintaining an inventory of the information technology resources
  412  in state agencies and the data maintained by each agency. The
  413  department may develop standards for data elements.
  414         (n) Assuming ownership or custody and control of
  415  information processing equipment, supplies, and positions in
  416  order to thoroughly carry out the duties and responsibilities of
  417  the department.
  418         (o) Adopting rules and policies for the efficient, secure,
  419  and economical management and operation of enterprise
  420  information technology services.
  421         (p) Providing other public sector organizations with access
  422  to the services provided by the agency taking into consideration
  423  the agency’s ability to support those services. Access shall be
  424  provided on the same cost basis as applies to state agencies.
  425         (q) Establishing statewide practices and policies to ensure
  426  that data that is exempt or confidential from s. 119.07(1) and
  427  s. 24(a), Art. I of the State Constitution, or that is otherwise
  428  confidential under state or federal law remains protected. This
  429  provision does not affect a transfer of ownership of data from
  430  any department, agency, board, bureau, commission, or authority
  431  to the state agency.
  432         (r) Conducting periodic assessments of state agencies for
  433  compliance with statewide information technology policies and
  434  recommending to the Governor or the Financial Management
  435  Information Board statewide policies for information technology.
  436         (s) Establishing and maintaining a single website
  437  publishing information as provided in s. 215.985.
  438         (t) Maintaining the official Internet state portal.
  439         Section 4. Subsection (1) of section 282.0056, Florida
  440  Statutes, is amended, and subsection (6) is added to that
  441  section, to read:
  442         282.0056 Development of work plan; development of
  443  implementation plans; and policy recommendations.—
  444         (1) For the purposes of carrying out its responsibilities
  445  under s. 282.0055, the department Agency for Enterprise
  446  Information Technology shall develop an annual work plan within
  447  60 days after the beginning of the fiscal year describing the
  448  activities that the department agency intends to undertake for
  449  that year, including proposed outcomes and completion timeframes
  450  for the planning and implementation of all enterprise
  451  information technology services. The work plan must be presented
  452  at a public hearing and approved by the Governor and Cabinet,
  453  and thereafter submitted to the President of the Senate and the
  454  Speaker of the House of Representatives. The work plan may be
  455  amended as needed, subject to approval by the Governor and
  456  Cabinet.
  457         (6)The Department of Law Enforcement, the Department of
  458  the Lottery’s Gaming System, Systems Design and Development in
  459  the Office of Policy and Budget, the State Board of
  460  Administration, state attorneys, public defenders, criminal
  461  conflict and civil regional counsel, capital collateral regional
  462  counsel, the Florida Clerks of Court Operations Corporation, the
  463  Department of Legal Affairs, the Department of Financial
  464  Services, the Department of Agriculture and Consumer Services’
  465  Agriculture Management Information Center and the Division of
  466  Licensing, the Justice Administrative Commission, and the
  467  Florida Housing Finance Corporation are exempt from data center
  468  consolidation unless specifically directed by the Legislature.
  469  The exempt entities shall provide any information requested by
  470  the department which is reasonably necessary for an analysis
  471  relating to the feasibility and cost of data center
  472  consolidation.
  473         Section 5. Section 282.0057 Florida Statutes, is created to
  474  read:
  475         282.0057Information technology project initiation
  476  schedule; reporting.—
  477         (1) Beginning January 1, 2015, the department shall:
  478         (a) In cooperation with the Governor’s Office of Policy and
  479  Budget, publish a report on its current and planned information
  480  technology expenditures, including, but not limited to, line
  481  item detail expenditures on systems development, personnel
  482  services, and equipment from the previous fiscal year and
  483  anticipated expenditures for the upcoming fiscal year; a
  484  prioritization of information technology initiatives to address
  485  unmet needs and opportunities for significant efficiencies or
  486  improved effectiveness within the state information technology
  487  enterprise; and a prioritized funding schedule for all major
  488  projects or initiatives, as well as cost estimates of the fiscal
  489  impact of the recommended initiatives.
  490         (b) Coordinate state agencies in developing and
  491  implementing data sharing. The department shall determine and
  492  implement statewide efforts to standardize data elements and
  493  shall determine data ownership assignments among state agencies.
  494         (c) Include in its legislative budget requests a
  495  recommendation for consolidating state agency data in order to
  496  provide better access for private and government use.
  497         (d) Oversee the expanded use and implementation of project
  498  and contract management principles as they relate to information
  499  technology projects. Funded projects within state agencies must
  500  use the project and contract management methodologies specified
  501  by the department.
  502         (2) Beginning January 1, 2016, the department shall:
  503         (a) Develop systems and methodologies to review, evaluate,
  504  and prioritize existing information technology projects and
  505  develop a plan for leveraging technology across state agencies.
  506  The department shall report to the Governor, the President of
  507  the Senate, and the Speaker of the House of Representatives on
  508  the status of information technology projects and the agency’s
  509  recommendations for project development on a semiannual basis.
  510  Such recommendations shall be incorporated into the state
  511  agency’s legislative budget requests for technology projects.
  512         (b) Develop standards for application development,
  513  including, but not limited to, a standard methodology and cost
  514  benefit analysis that state agencies shall use for application
  515  development activities.
  516         (3) Beginning January 1, 2018, the department shall review
  517  and approve technology purchases made by state agencies.
  518  Approval must be based on technology policies and standards
  519  established by the department and approved by the Legislature.
  520         Section 6. Section 282.201, Florida Statutes, is repealed.
  521         Section 7. Paragraphs (c), (e), (h), (i), and (m) of
  522  subsection (1), paragraph (e) of subsection (2), and paragraphs
  523  (b), (e), (h), and (k) of subsection (3) of section 282.203,
  524  Florida Statutes, are amended and a new subsection (4) is added
  525  to that section, to read:
  526         282.203 Primary data centers.—
  527         (1) DATA CENTER DUTIES.—Each primary data center shall:
  528         (c) Comply with rules adopted by the department Agency for
  529  Enterprise Information Technology, pursuant to this section, and
  530  coordinate with the agency in the consolidation of data centers.
  531         (e) Provide transparent financial statements to customer
  532  entities and the department Agency for Enterprise Information
  533  Technology. The financial statements shall be provided as
  534  follows:
  535         1. Annually, by July 30 for the current fiscal year and by
  536  December 1 for the subsequent fiscal year, the data center must
  537  provide the total annual budgeted costs by major expenditure
  538  category, including, but not limited to, salaries, expense,
  539  operating capital outlay, contracted services, or other
  540  personnel services, which directly relate to the provision of
  541  each service and which separately indicate the administrative
  542  overhead allocated to each service.
  543         2. Annually, by July 30 for the current fiscal year and by
  544  December 1 for the subsequent fiscal year, the data center must
  545  provide total projected billings for each customer entity which
  546  are required to recover the costs of the data center.
  547         3. Annually, by January 31, the data center must provide
  548  updates of the financial statements required under subparagraphs
  549  1. and 2. for the current fiscal year.
  550  
  551  The financial information required under subparagraphs 1., 2.,
  552  and 3. must be based on current law and current appropriations.
  553         (h) Develop a business continuity plan and conduct a live
  554  exercise of the plan at least annually. The plan must be
  555  approved by the board and the department Agency for Enterprise
  556  Information Technology.
  557         (i) Enter into a service-level agreement with each customer
  558  entity to provide services as defined and approved by the board.
  559  A service-level agreement may not have a term exceeding 3 years
  560  but may include an option to renew for up to 3 years contingent
  561  on approval by the board.
  562         1. A service-level agreement, at a minimum, must:
  563         a. Identify the parties and their roles, duties, and
  564  responsibilities under the agreement.
  565         b. Identify the legal authority under which the service
  566  level agreement was negotiated and entered into by the parties.
  567         c. State the duration of the contractual term and specify
  568  the conditions for contract renewal.
  569         d. Prohibit the transfer of computing services between
  570  primary data center facilities without at least 180 days’ notice
  571  of service cancellation.
  572         e. Identify the scope of work.
  573         f. Identify the products or services to be delivered with
  574  sufficient specificity to permit an external financial or
  575  performance audit.
  576         g. Establish the services to be provided, the business
  577  standards that must be met for each service, the cost of each
  578  service, and the process by which the business standards for
  579  each service are to be objectively measured and reported.
  580         h. Identify applicable funds and funding streams for the
  581  services or products under contract.
  582         i. Provide a timely billing methodology for recovering the
  583  cost of services provided to the customer entity.
  584         j. Provide a procedure for modifying the service-level
  585  agreement to address changes in projected costs of service.
  586         k. Provide that a service-level agreement may be terminated
  587  by either party for cause only after giving the other party and
  588  the department Agency for Enterprise Information Technology
  589  notice in writing of the cause for termination and an
  590  opportunity for the other party to resolve the identified cause
  591  within a reasonable period.
  592         l. Provide for mediation of disputes by the Division of
  593  Administrative Hearings pursuant to s. 120.573.
  594         2. A service-level agreement may include:
  595         a. A dispute resolution mechanism, including alternatives
  596  to administrative or judicial proceedings;
  597         b. The setting of a surety or performance bond for service
  598  level agreements entered into with agency primary data centers
  599  established by law; or
  600         c. Additional terms and conditions as determined advisable
  601  by the parties if such additional terms and conditions do not
  602  conflict with the requirements of this section or rules adopted
  603  by the department Agency for Enterprise Information Technology.
  604         3. The failure to execute a service-level agreement within
  605  60 days after service commencement shall, in the case of an
  606  existing customer entity, result in a continuation of the terms
  607  of the service-level agreement from the prior fiscal year,
  608  including any amendments that were formally proposed to the
  609  customer entity by the primary data center within the 3 months
  610  before service commencement, and a revised cost-of-service
  611  estimate. If a new customer entity fails to execute an agreement
  612  within 60 days after service commencement, the data center may
  613  cease services.
  614         (m) Assume administrative access rights to the resources
  615  and equipment, such as servers, network components, and other
  616  devices that are consolidated into the primary data center.
  617         1. Upon the date of each consolidation specified in s.
  618  282.201, the General Appropriations Act, or the Laws of Florida,
  619  each agency shall relinquish all administrative access rights to
  620  such resources and equipment.
  621         2. Each primary data center shall provide its customer
  622  agencies with the appropriate level of access to applications,
  623  servers, network components, and other devices necessary for
  624  agencies to perform their core business activities and
  625  functions.
  626         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  627  headed by a board of trustees as defined in s. 20.03.
  628         (e) The executive director of the department Agency for
  629  Enterprise Information Technology shall be the advisor to the
  630  board.
  631         (3) BOARD DUTIES.—Each board of trustees of a primary data
  632  center shall:
  633         (b) Establish procedures for the primary data center to
  634  ensure that budgeting and accounting procedures, cost-recovery
  635  methodologies, and operating procedures are in compliance with
  636  laws governing the state data center system, rules adopted by
  637  the department Agency for Enterprise Information Technology, and
  638  applicable federal regulations, including 2 C.F.R. part 225 and
  639  45 C.F.R.
  640         (e) Ensure the sufficiency and transparency of the primary
  641  data center financial information by:
  642         1. Establishing policies that ensure that cost-recovery
  643  methodologies, billings, receivables, expenditure, budgeting,
  644  and accounting data are captured and reported timely,
  645  consistently, accurately, and transparently and, upon adoption
  646  of rules by the department Agency for Enterprise Information
  647  Technology, are in compliance with such rules.
  648         2. Requiring execution of service-level agreements by the
  649  data center and each customer entity for services provided by
  650  the data center to the customer entity.
  651         3. Requiring cost recovery for the full cost of services,
  652  including direct and indirect costs. The cost-recovery
  653  methodology must ensure that no service is subsidizing another
  654  service without an affirmative vote of approval by the customer
  655  entity providing the subsidy.
  656         4. Establishing special assessments to fund expansions
  657  based on a methodology that apportions the assessment according
  658  to the proportional benefit to each customer entity.
  659         5. Providing rebates to customer entities when revenues
  660  exceed costs and offsetting charges to those who have subsidized
  661  other customer entity costs based on actual prior year final
  662  expenditures. Rebates may be credited against future billings.
  663         6. Approving all expenditures committing over $50,000 in a
  664  fiscal year.
  665         7. Projecting costs and revenues at the beginning of the
  666  third quarter of each fiscal year through the end of the fiscal
  667  year. If in any given fiscal year the primary data center is
  668  projected to earn revenues that are below costs for that fiscal
  669  year after first reducing operating costs where possible, the
  670  board shall implement any combination of the following remedies
  671  to cover the shortfall:
  672         a. The board may direct the primary data center to adjust
  673  current year chargeback rates through the end of the fiscal year
  674  to cover the shortfall. The rate adjustments shall be
  675  implemented using actual usage rate and billing data from the
  676  first three quarters of the fiscal year and the same principles
  677  used to set rates for the fiscal year.
  678         b. The board may direct the primary data center to levy
  679  one-time charges on all customer entities to cover the
  680  shortfall. The one-time charges shall be implemented using
  681  actual usage rate and billing data from the first three quarters
  682  of the fiscal year and the same principles used to set rates for
  683  the fiscal year.
  684         c. The customer entities represented by each board member
  685  may provide payments to cover the shortfall in proportion to the
  686  amounts each entity paid in the prior fiscal year.
  687         8. Providing a plan for consideration by the Legislative
  688  Budget Commission if a billing rate schedule is used after the
  689  start of the fiscal year which increases any agency’s costs for
  690  that fiscal year.
  691         (h) By July 1 of each year, submit to the department Agency
  692  for Enterprise Information Technology proposed cost-recovery
  693  mechanisms and rate structures for all customer entities for the
  694  fiscal year including the cost-allocation methodology for
  695  administrative expenditures and the calculation of
  696  administrative expenditures as a percent of total costs.
  697         (k) Coordinate with other primary data centers and the
  698  department Agency for Enterprise Information Technology in order
  699  to consolidate purchases of goods and services and lower the
  700  cost of providing services to customer entities.
  701         (4) REPEAL.—This section expires January 1, 2014.
  702         Section 8. Section 282.204, Florida Statutes, is repealed.
  703         Section 9. Section 282.205, Florida Statutes, is repealed.
  704         Section 10. Section 282.206, Florida Statutes, is created
  705  to read:
  706         282.206Fletcher Shared Resource Center.—The Fletcher
  707  Shared Resource Center is established within the Department of
  708  Financial Services.
  709         (1) The center shall collaborate with the Department of
  710  State Technology to develop policies, procedures, standards, and
  711  rules for the delivery of enterprise information technology
  712  services.
  713         (2) The center shall provide co-location services to the
  714  Department of Legal Affairs and the Department of Agriculture
  715  and Consumer Services if data center equipment is moved pursuant
  716  to subsections (5) or (6).
  717         (3) The Department of Financial Services shall use the
  718  Fletcher Shared Resource Center, provide full service to the
  719  Office of Financial Regulation and the Office of Insurance
  720  Regulation, and host the Legislative Appropriations
  721  System/Planning and Budgeting Subsystem (LAS/PBS).
  722         (4) The center shall be governed through a master
  723  memorandum of understanding administered by a steering committee
  724  comprised of the chief information officers of the customer
  725  entities residing in the center. The steering committee shall
  726  meet quarterly in order to ensure that customers are receiving
  727  expected services in accordance with the memorandum of
  728  understanding and to discuss services and structure. The
  729  committee may create ad hoc workgroups to account for, mitigate,
  730  and manage any unforeseen issues.
  731         (5) The Department of Legal Affairs may move its data
  732  center equipment to the center.
  733         (6) The Department of Agriculture and Consumer Services may
  734  move its Mayo Building data center equipment to the center.
  735         Section 11. Subsections (3) through (6) of section 282.318,
  736  Florida Statutes, are amended to read:
  737         282.318 Enterprise security of data and information
  738  technology.—
  739         (3) The department Agency for Enterprise Information
  740  Technology is responsible for establishing rules and publishing
  741  guidelines for ensuring an appropriate level of security for all
  742  data and information technology resources for executive branch
  743  agencies. The department agency shall also perform the following
  744  duties and responsibilities:
  745         (a) Develop, and annually update by February 1, an
  746  enterprise information security strategic plan that includes
  747  security goals and objectives for the strategic issues of
  748  information security policy, risk management, training, incident
  749  management, and survivability planning.
  750         (b) Develop enterprise security rules and published
  751  guidelines for:
  752         1. Comprehensive risk analyses and information security
  753  audits conducted by state agencies.
  754         2. Responding to suspected or confirmed information
  755  security incidents, including suspected or confirmed breaches of
  756  personal information or exempt data.
  757         3. State agency security plans, including strategic
  758  security plans and security program plans.
  759         4. The recovery of information technology and data
  760  following a disaster.
  761         5. The managerial, operational, and technical safeguards
  762  for protecting state government data and information technology
  763  resources.
  764         (c) Assist state agencies in complying with the provisions
  765  of this section.
  766         (d) Pursue appropriate funding for the purpose of enhancing
  767  domestic security.
  768         (e) Provide training for state agency information security
  769  managers.
  770         (f) Annually review the strategic and operational
  771  information security plans of state executive branch agencies.
  772         (4) To assist the department Agency for Enterprise
  773  Information Technology in carrying out its responsibilities,
  774  each state agency head shall, at a minimum:
  775         (a) Designate an information security manager to administer
  776  the security program of the agency for its data and information
  777  technology resources. This designation must be provided annually
  778  in writing to the department Agency for Enterprise Information
  779  Technology by January 1.
  780         (b) Submit to the department Agency for Enterprise
  781  Information Technology annually by July 31, the agency’s
  782  strategic and operational information security plans developed
  783  pursuant to the department’s rules and guidelines established by
  784  the Agency for Enterprise Information Technology.
  785         1. The agency strategic information security plan must
  786  cover a 3-year period and define security goals, intermediate
  787  objectives, and projected agency costs for the strategic issues
  788  of agency information security policy, risk management, security
  789  training, security incident response, and survivability. The
  790  plan must be based on the enterprise strategic information
  791  security plan created by the department Agency for Enterprise
  792  Information Technology. Additional issues may be included.
  793         2. The state agency operational information security plan
  794  must include a progress report for the prior operational
  795  information security plan and a project plan that includes
  796  activities, timelines, and deliverables for security objectives
  797  that, subject to current resources, the state agency will
  798  implement during the current fiscal year. The cost of
  799  implementing the portions of the plan which cannot be funded
  800  from current resources must be identified in the plan.
  801         (c) Conduct, and update every 3 years, a comprehensive risk
  802  analysis to determine the security threats to the data,
  803  information, and information technology resources of the state
  804  agency. The risk analysis information is confidential and exempt
  805  from the provisions of s. 119.07(1), except that such
  806  information shall be available to the Auditor General and the
  807  department Agency for Enterprise Information Technology for
  808  performing postauditing duties.
  809         (d) Develop, and periodically update, written internal
  810  policies and procedures that, which include procedures for
  811  notifying the department Agency for Enterprise Information
  812  Technology when a suspected or confirmed breach, or an
  813  information security incident, occurs. Such policies and
  814  procedures must be consistent with the rules and guidelines
  815  established by the department Agency for Enterprise Information
  816  Technology to ensure the security of the data, information, and
  817  information technology resources of the state agency. The
  818  internal policies and procedures that, if disclosed, could
  819  facilitate the unauthorized modification, disclosure, or
  820  destruction of data or information technology resources are
  821  confidential information and exempt from s. 119.07(1), except
  822  that such information shall be available to the Auditor General
  823  and the department Agency for Enterprise Information Technology
  824  for performing post auditing postauditing duties.
  825         (e) Implement appropriate cost-effective safeguards to
  826  address identified risks to the data, information, and
  827  information technology resources of the state agency.
  828         (f) Ensure that periodic internal audits and evaluations of
  829  the agency’s security program for the data, information, and
  830  information technology resources of the state agency are
  831  conducted. The results of such audits and evaluations are
  832  confidential information and exempt from s. 119.07(1), except
  833  that such information shall be available to the Auditor General
  834  and the department Agency for Enterprise Information Technology
  835  for performing post auditing postauditing duties.
  836         (g) Include appropriate security requirements in the
  837  written specifications for the solicitation of information
  838  technology and information technology resources and services,
  839  which are consistent with the rules and guidelines established
  840  by the department Agency for Enterprise Information Technology.
  841         (h) Provide security awareness training to employees and
  842  users of the state agency’s communication and information
  843  resources concerning information security risks and the
  844  responsibility of employees and users to comply with policies,
  845  standards, guidelines, and operating procedures adopted by the
  846  agency to reduce those risks.
  847         (i) Develop a process for detecting, reporting, and
  848  responding to suspected or confirmed security incidents,
  849  including suspected or confirmed breaches consistent with the
  850  security rules and guidelines established by the department
  851  Agency for Enterprise Information Technology.
  852         1. Suspected or confirmed information security incidents
  853  and breaches must be immediately reported to the department
  854  Agency for Enterprise Information Technology.
  855         2. For incidents involving breaches, agencies shall provide
  856  notice in accordance with s. 817.5681 and to the department
  857  Agency for Enterprise Information Technology in accordance with
  858  this subsection.
  859         (5) Each state agency shall include appropriate security
  860  requirements in the specifications for the solicitation of
  861  contracts for procuring information technology or information
  862  technology resources or services which are consistent with the
  863  rules and guidelines established by the department Agency for
  864  Enterprise Information Technology.
  865         (6) The department Agency for Enterprise Information
  866  Technology may adopt rules relating to information security and
  867  to administer the provisions of this section.
  868         Section 12. Section 282.33, Florida Statutes, is repealed.
  869         Section 13. Effective upon this act becoming law, section
  870  282.34, Florida Statutes, is repealed.
  871         Section 14. Section 282.604, Florida Statutes, is amended
  872  to read:
  873         282.604 Adoption of rules.—The department of Management
  874  Services shall, with input from stakeholders, adopt rules
  875  pursuant to ss. 120.536(1) and 120.54 for the development,
  876  procurement, maintenance, and use of accessible electronic
  877  information technology by governmental units.
  878         Section 15. Section 282.702, Florida Statutes, is amended
  879  to read:
  880         282.702 Powers and duties.—The department of Management
  881  Services shall have the following powers, duties, and functions:
  882         (1) To publish electronically the portfolio of services
  883  available from the department, including pricing information;
  884  the policies and procedures governing usage of available
  885  services; and a forecast of the department’s priorities for each
  886  telecommunications service.
  887         (2) To adopt technical standards by rule for the state
  888  telecommunications network which ensure the interconnection and
  889  operational security of computer networks, telecommunications,
  890  and information systems of agencies.
  891         (3) To enter into agreements related to information
  892  technology and telecommunications services with state agencies
  893  and political subdivisions of the state.
  894         (4) To purchase from or contract with information
  895  technology providers for information technology, including
  896  private line services.
  897         (5) To apply for, receive, and hold authorizations,
  898  patents, copyrights, trademarks, service marks, licenses, and
  899  allocations or channels and frequencies to carry out the
  900  purposes of this part.
  901         (6) To purchase, lease, or otherwise acquire and to hold,
  902  sell, transfer, license, or otherwise dispose of real, personal,
  903  and intellectual property, including, but not limited to,
  904  patents, trademarks, copyrights, and service marks.
  905         (7) To cooperate with any federal, state, or local
  906  emergency management agency in providing for emergency
  907  telecommunications services.
  908         (8) To control and approve the purchase, lease, or
  909  acquisition and the use of telecommunications services,
  910  software, circuits, and equipment provided as part of any other
  911  total telecommunications system to be used by the state or its
  912  agencies.
  913         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  914  relating to telecommunications and to administer the provisions
  915  of this part.
  916         (10) To apply for and accept federal funds for the purposes
  917  of this part as well as gifts and donations from individuals,
  918  foundations, and private organizations.
  919         (11) To monitor issues relating to telecommunications
  920  facilities and services before the Florida Public Service
  921  Commission and the Federal Communications Commission and, if
  922  necessary, prepare position papers, prepare testimony, appear as
  923  a witness, and retain witnesses on behalf of state agencies in
  924  proceedings before the commissions.
  925         (12) Unless delegated to the state agencies by the
  926  department, to manage and control, but not intercept or
  927  interpret, telecommunications within the SUNCOM Network by:
  928         (a) Establishing technical standards to physically
  929  interface with the SUNCOM Network.
  930         (b) Specifying how telecommunications are transmitted
  931  within the SUNCOM Network.
  932         (c) Controlling the routing of telecommunications within
  933  the SUNCOM Network.
  934         (d) Establishing standards, policies, and procedures for
  935  access to and the security of the SUNCOM Network.
  936         (e) Ensuring orderly and reliable telecommunications
  937  services in accordance with the service level agreements
  938  executed with state agencies.
  939         (13) To plan, design, and conduct experiments for
  940  telecommunications services, equipment, and technologies, and to
  941  implement enhancements in the state telecommunications network
  942  if in the public interest and cost-effective. Funding for such
  943  experiments must be derived from SUNCOM Network service revenues
  944  and may not exceed 2 percent of the annual budget for the SUNCOM
  945  Network for any fiscal year or as provided in the General
  946  Appropriations Act. New services offered as a result of this
  947  subsection may not affect existing rates for facilities or
  948  services.
  949         (14) To enter into contracts or agreements, with or without
  950  competitive bidding or procurement, to make available, on a
  951  fair, reasonable, and nondiscriminatory basis, property and
  952  other structures under departmental control for the placement of
  953  new facilities by any wireless provider of mobile service as
  954  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  955  telecommunications company as defined in s. 364.02 if it is
  956  practical and feasible to make such property or other structures
  957  available. The department may, without adopting a rule, charge a
  958  just, reasonable, and nondiscriminatory fee for the placement of
  959  the facilities, payable annually, based on the fair market value
  960  of space used by comparable telecommunications facilities in the
  961  state. The department and a wireless provider or
  962  telecommunications company may negotiate the reduction or
  963  elimination of a fee in consideration of services provided to
  964  the department by the wireless provider or telecommunications
  965  company. All such fees collected by the department shall be
  966  deposited directly into the Law Enforcement Radio Operating
  967  Trust Fund, and may be used by the department to construct,
  968  maintain, or support the system.
  969         (15) To establish policies that ensure that the
  970  department’s cost-recovery methodologies, billings, receivables,
  971  expenditures, budgeting, and accounting data are captured and
  972  reported timely, consistently, accurately, and transparently and
  973  are in compliance with all applicable federal and state laws and
  974  rules. The department shall annually submit a report to the
  975  Governor, the President of the Senate, and the Speaker of the
  976  House of Representatives a report that describes each service
  977  and its cost, the billing methodology for recovering the cost of
  978  the service, and, if applicable, the identity of those services
  979  that are subsidized.
  980         Section 16. Subsections (4) and (5) of section 282.703,
  981  Florida Statutes, are amended to read:
  982         282.703 SUNCOM Network; exemptions from the required use.—
  983         (4) The department shall maintain a directory of
  984  information and services which provides the names, phone
  985  numbers, and email e-mail addresses for employees, state
  986  agencies, and network devices that are served, in whole or in
  987  part, by the SUNCOM Network. State agencies and political
  988  subdivisions of the state shall cooperate with the department by
  989  providing timely and accurate directory information in the
  990  manner established by the department.
  991         (5) All state agencies shall use the SUNCOM Network for
  992  state agency telecommunications services as the services become
  993  available; however, a state an agency is not relieved of
  994  responsibility for maintaining telecommunications services
  995  necessary for effective management of its programs and
  996  functions. The department may provide such communications
  997  services to a state university if requested by the university.
  998         (a) If a SUNCOM Network service does not meet the
  999  telecommunications requirements of a state an agency, the state
 1000  agency must notify the department in writing and detail the
 1001  requirements for that service. If the department is unable to
 1002  meet a state an agency’s requirements by enhancing SUNCOM
 1003  Network service, the department may grant the state agency an
 1004  exemption from the required use of specified SUNCOM Network
 1005  services.
 1006         (b) Unless an exemption has been granted by the department,
 1007  effective October 1, 2010, all customers of a shared resource
 1008  state primary data center, excluding state universities, must
 1009  use the shared SUNCOM Network telecommunications services
 1010  connecting the shared resource state primary data center to
 1011  SUNCOM services for all telecommunications needs in accordance
 1012  with department rules.
 1013         1. Upon discovery of customer noncompliance with this
 1014  paragraph, the department shall provide the affected customer
 1015  with a schedule for transferring to the shared
 1016  telecommunications services provided by the SUNCOM Network and
 1017  an estimate of all associated costs. The shared resource state
 1018  primary data centers and their customers shall cooperate with
 1019  the department to accomplish the transfer.
 1020         2. Customers may request an exemption from this paragraph
 1021  in the same manner as authorized in paragraph (a).
 1022         Section 17. Subsection (2) of section 20.22, Florida
 1023  Statutes, is amended to read:
 1024         20.22 Department of Management Services.—There is created a
 1025  Department of Management Services.
 1026         (2) The following divisions and programs are established
 1027  within the department of Management Services are established:
 1028         (a) Facilities Program.
 1029         (b) Technology Program.
 1030         (b)(c) Workforce Program.
 1031         (c)(d)1. Support Program.
 1032         (d)2. Federal Property Assistance Program.
 1033         (e) Administration Program.
 1034         (f) Division of Administrative Hearings.
 1035         (g) Division of Retirement.
 1036         (h) Division of State Group Insurance.
 1037         Section 18. Paragraph (e) of subsection (2) of section
 1038  110.205, Florida Statutes, is amended to read:
 1039         110.205 Career service; exemptions.—
 1040         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1041  covered by this part include the following:
 1042         (e) The Chief Information Officer in the Department of
 1043  State Agency for Enterprise Information Technology. Unless
 1044  otherwise fixed by law, the Governor Agency for Enterprise
 1045  Information Technology shall set the salary and benefits of this
 1046  position in accordance with the rules of the Senior Management
 1047  Service.
 1048         Section 19. Paragraph (o) of subsection (1) of section
 1049  215.22, Florida Statutes, is amended to read:
 1050         215.22 Certain income and certain trust funds exempt.—
 1051         (1) The following income of a revenue nature or the
 1052  following trust funds shall be exempt from the appropriation
 1053  required by s. 215.20(1):
 1054         (o) The Communications Working Capital Trust Fund of the
 1055  Department of State Technology Management Services.
 1056         Section 20. Subsections (2) and (9) of section 215.322,
 1057  Florida Statutes, are amended to read:
 1058         215.322 Acceptance of credit cards, charge cards, debit
 1059  cards, or electronic funds transfers by state agencies, units of
 1060  local government, and the judicial branch.—
 1061         (2) A state agency as defined in s. 216.011, or the
 1062  judicial branch, may accept credit cards, charge cards, debit
 1063  cards, or electronic funds transfers in payment for goods and
 1064  services with the prior approval of the Chief Financial Officer.
 1065  If the Internet or other related electronic methods are to be
 1066  used as the collection medium, the Department of State Agency
 1067  for Enterprise Information Technology shall review and recommend
 1068  to the Chief Financial Officer whether to approve the request
 1069  with regard to the process or procedure to be used.
 1070         (9) For payment programs in which credit cards, charge
 1071  cards, or debit cards are accepted by state agencies, the
 1072  judicial branch, or units of local government, the Chief
 1073  Financial Officer, in consultation with the Department of State
 1074  Agency for Enterprise Information Technology, may adopt rules to
 1075  establish uniform security safeguards for cardholder data and to
 1076  ensure compliance with the Payment Card Industry Data Security
 1077  Standards.
 1078         Section 21. Subsection (2) of section 215.96, Florida
 1079  Statutes, is amended to read:
 1080         215.96 Coordinating council and design and coordination
 1081  staff.—
 1082         (2) The coordinating council shall consist of the Chief
 1083  Financial Officer; the Commissioner of Agriculture; the Attorney
 1084  General; the secretary of the Department of Management Services;
 1085  the Secretary of the Department of State Technology the Attorney
 1086  General; and the Director of Planning and Budgeting, Executive
 1087  Office of the Governor, or their designees. The Chief Financial
 1088  Officer, or his or her designee, shall be chair of the
 1089  coordinating council, and the design and coordination staff
 1090  shall provide administrative and clerical support to the council
 1091  and the board. The design and coordination staff shall maintain
 1092  the minutes of each meeting and shall make such minutes
 1093  available to any interested person. The Auditor General, the
 1094  State Courts Administrator, an executive officer of the Florida
 1095  Association of State Agency Administrative Services Directors,
 1096  and an executive officer of the Florida Association of State
 1097  Budget Officers, or their designees, shall serve without voting
 1098  rights as ex officio members of on the coordinating council. The
 1099  chair may call meetings of the coordinating council as often as
 1100  necessary to transact business; however, the coordinating
 1101  council must shall meet at least once a year. Action of the
 1102  coordinating council shall be by motion, duly made, seconded and
 1103  passed by a majority of the coordinating council voting in the
 1104  affirmative for approval of items that are to be recommended for
 1105  approval to the Financial Management Information Board.
 1106         Section 22. Paragraph (c) of subsection (6) of section
 1107  216.292, Florida Statutes, is amended to read:
 1108         216.292 Appropriations nontransferable; exceptions.—
 1109         (6) The Chief Financial Officer shall transfer from any
 1110  available funds of an agency or the judicial branch the
 1111  following amounts and shall report all such transfers and the
 1112  reasons therefor to the legislative appropriations committees
 1113  and the Executive Office of the Governor:
 1114         (c) The amount due to the Communications Working Capital
 1115  Trust Fund from moneys appropriated in the General
 1116  Appropriations Act for the purpose of paying for services
 1117  provided by the state communications system in the Department of
 1118  State Technology Management Services which is unpaid 45 days
 1119  after the billing date. The amount transferred shall be that
 1120  billed by the department.
 1121         Section 23. Subsection (14) of section 287.012, Florida
 1122  Statutes, is amended to read:
 1123         287.012 Definitions.—As used in this part, the term:
 1124         (14) “Information technology” means equipment, hardware,
 1125  software, firmware, programs, systems, networks, infrastructure,
 1126  media, and related material used to automatically,
 1127  electronically, and wirelessly collect, receive, access,
 1128  transmit, display, store, record, retrieve, analyze, evaluate,
 1129  process, classify, manipulate, manage, assimilate, control,
 1130  communicate, exchange, convert, converge, interface, switch, or
 1131  disseminate information of any kind or form has the meaning
 1132  ascribed in s. 282.0041.
 1133         Section 24. Subsection (22) of section 287.057, Florida
 1134  Statutes, is amended to read:
 1135         287.057 Procurement of commodities or contractual
 1136  services.—
 1137         (22) The department, in consultation with the Department of
 1138  State Agency for Enterprise Information Technology and the Chief
 1139  Financial Officer Comptroller, shall maintain develop a program
 1140  for online procurement of commodities and contractual services.
 1141  To enable the state to promote open competition and to leverage
 1142  its buying power, agencies shall participate in the online
 1143  procurement program, and eligible users may participate in the
 1144  program. Only vendors prequalified as meeting mandatory
 1145  requirements and qualifications criteria may participate in
 1146  online procurement.
 1147         (a) The department, in consultation with the Department of
 1148  State Technology agency, may contract for equipment and services
 1149  necessary to develop and implement online procurement.
 1150         (b) The department, in consultation with the Department of
 1151  State Technology agency, shall adopt rules, pursuant to ss.
 1152  120.536(1) and 120.54, to administer the program for online
 1153  procurement. The rules must shall include, but are not be
 1154  limited to:
 1155         1. Determining the requirements and qualification criteria
 1156  for prequalifying vendors.
 1157         2. Establishing the procedures for conducting online
 1158  procurement.
 1159         3. Establishing the criteria for eligible commodities and
 1160  contractual services.
 1161         4. Establishing the procedures for providing access to
 1162  online procurement.
 1163         5. Determining the criteria warranting any exceptions to
 1164  participation in the online procurement program.
 1165         (c) The department may impose and shall collect all fees
 1166  for the use of the online procurement systems.
 1167         1. The fees may be imposed on an individual transaction
 1168  basis or as a fixed percentage of the cost savings generated. At
 1169  a minimum, the fees must be set in an amount sufficient to cover
 1170  the projected costs of the services, including administrative
 1171  and project service costs, in accordance with the policies of
 1172  the department.
 1173         2. If the department contracts with a provider for online
 1174  procurement, the department, pursuant to appropriation, shall
 1175  compensate the provider from the fees after the department has
 1176  satisfied all ongoing costs. The provider shall report
 1177  transaction data to the department each month so that the
 1178  department may determine the amount due and payable to the
 1179  department from each vendor.
 1180         3. All fees that are due and payable to the state on a
 1181  transactional basis or as a fixed percentage of the cost savings
 1182  generated are subject to s. 215.31 and must be remitted within
 1183  40 days after receipt of payment for which the fees are due. For
 1184  fees that are not remitted within 40 days, the vendor shall pay
 1185  interest at the rate established under s. 55.03(1) on the unpaid
 1186  balance from the expiration of the 40-day period until the fees
 1187  are remitted.
 1188         4. All fees and surcharges collected under this paragraph
 1189  shall be deposited in the Operating Trust Fund as provided by
 1190  law.
 1191         Section 25. Subsection (17) of section 318.18, Florida
 1192  Statutes, is amended to read:
 1193         318.18 Amount of penalties.—The penalties required for a
 1194  noncriminal disposition pursuant to s. 318.14 or a criminal
 1195  offense listed in s. 318.17 are as follows:
 1196         (17) In addition to any penalties imposed, a surcharge of
 1197  $3 must be paid for all criminal offenses listed in s. 318.17
 1198  and for all noncriminal moving traffic violations under chapter
 1199  316. Revenue from the surcharge shall be remitted to the
 1200  Department of Revenue and deposited quarterly into the State
 1201  Agency Law Enforcement Radio System Trust Fund of the Department
 1202  of State Technology Management Services for the state agency law
 1203  enforcement radio system, as described in s. 282.709, and to
 1204  provide technical assistance to state agencies and local law
 1205  enforcement agencies with their statewide systems of regional
 1206  law enforcement communications, as described in s. 282.7101.
 1207  This subsection expires July 1, 2021. The Department of State
 1208  Technology Management Services may retain funds sufficient to
 1209  recover the costs and expenses incurred for managing,
 1210  administering, and overseeing the Statewide Law Enforcement
 1211  Radio System, and providing technical assistance to state
 1212  agencies and local law enforcement agencies with their statewide
 1213  systems of regional law enforcement communications. The
 1214  Department of State Technology Management Services working in
 1215  conjunction with the Joint Task Force on State Agency Law
 1216  Enforcement Communications shall determine and direct the
 1217  purposes for which these funds are used to enhance and improve
 1218  the radio system.
 1219         Section 26. Section 320.0802, Florida Statutes, is amended
 1220  to read:
 1221         320.0802 Surcharge on license tax.—There is hereby levied
 1222  and imposed on each license tax imposed under s. 320.08, except
 1223  those set forth in s. 320.08(11), a surcharge in the amount of
 1224  $1, which shall be collected in the same manner as the license
 1225  tax and deposited into the State Agency Law Enforcement Radio
 1226  System Trust Fund of the Department of State Technology
 1227  Management Services.
 1228         Section 27. Subsection (9) of section 328.72, Florida
 1229  Statutes, is amended to read:
 1230         328.72 Classification; registration; fees and charges;
 1231  surcharge; disposition of fees; fines; marine turtle stickers.—
 1232         (9) SURCHARGE.—In addition, there is hereby levied and
 1233  imposed on each vessel registration fee imposed under subsection
 1234  (1) a surcharge in the amount of $1 for each 12-month period of
 1235  registration, which shall be collected in the same manner as the
 1236  fee and deposited into the State Agency Law Enforcement Radio
 1237  System Trust Fund of the Department of State Technology
 1238  Management Services.
 1239         Section 28. Subsections (2) through (5) of section
 1240  364.0135, Florida Statutes, are amended to read:
 1241         364.0135 Promotion of broadband adoption.—
 1242         (2) The Department of State Technology may Management
 1243  Services is authorized to work collaboratively with, and to
 1244  receive staffing support and other resources from, Enterprise
 1245  Florida, Inc., state agencies, local governments, private
 1246  businesses, and community organizations to:
 1247         (a) Monitor the adoption of broadband Internet service in
 1248  collaboration with communications service providers, including,
 1249  but not limited to, wireless and wireline Internet service
 1250  providers, to develop geographical information system maps at
 1251  the census tract level that will:
 1252         1. Identify geographic gaps in broadband services,
 1253  including areas unserved by any broadband provider and areas
 1254  served by a single broadband provider;
 1255         2. Identify the download and upload transmission speeds
 1256  made available to businesses and individuals in the state, at
 1257  the census tract level of detail, using data rate benchmarks for
 1258  broadband service used by the Federal Communications Commission
 1259  to reflect different speed tiers; and
 1260         3. Provide a baseline assessment of statewide broadband
 1261  deployment in terms of percentage of households with broadband
 1262  availability.
 1263         (b) Create a strategic plan that has goals and strategies
 1264  for increasing the use of broadband Internet service in the
 1265  state.
 1266         (c) Build and facilitate local technology planning teams or
 1267  partnerships with members representing cross-sections of the
 1268  community, which may include, but are not limited to,
 1269  representatives from the following organizations and industries:
 1270  libraries, K-12 education, colleges and universities, local
 1271  health care providers, private businesses, community
 1272  organizations, economic development organizations, local
 1273  governments, tourism, parks and recreation, and agriculture.
 1274         (d) Encourage the use of broadband Internet service,
 1275  especially in the rural, unserved, and underserved communities
 1276  of the state through grant programs having effective strategies
 1277  to facilitate the statewide deployment of broadband Internet
 1278  service. For any grants to be awarded, priority must be given to
 1279  projects that:
 1280         1. Provide access to broadband education, awareness,
 1281  training, access, equipment, and support to libraries, schools,
 1282  colleges and universities, health care providers, and community
 1283  support organizations.
 1284         2. Encourage the sustainable adoption of broadband in
 1285  primarily unserved areas by removing barriers to entry.
 1286         3. Work toward encouraging investments in establishing
 1287  affordable and sustainable broadband Internet service in
 1288  unserved areas of the state.
 1289         4. Facilitate the development of applications, programs,
 1290  and services, including, but not limited to, telework,
 1291  telemedicine, and e-learning to increase the usage of, and
 1292  demand for, broadband Internet service in the state.
 1293         (3) The Department of State Technology may:
 1294         (a) Apply for and accept federal funds for the purposes of
 1295  this section, as well as gifts and donations from individuals,
 1296  foundations, and private organizations.
 1297         (4) The Department may
 1298         (b) Enter into contracts necessary or useful to carry out
 1299  the purposes of this section.
 1300         (c)(5)The department may Establish any committee or
 1301  workgroup to administer and carry out the purposes of this
 1302  section.
 1303         Section 29. Subsections (3), (4), (5), (7), (9), and (10)
 1304  of section 365.171, Florida Statutes, are amended to read:
 1305         365.171 Emergency communications number E911 state plan.—
 1306         (3) DEFINITIONS.—As used in this section, the term:
 1307         (a) “Department” means the Department of State Technology
 1308  “Office” means the Technology Program within the Department of
 1309  Management Services, as designated by the secretary of the
 1310  department.
 1311         (b) “Local government” means any municipality city, county,
 1312  or political subdivision of the state and its agencies.
 1313         (c) “Public agency” means the state and any municipality
 1314  city, county, city and county, municipal corporation, chartered
 1315  organization, special public district, or public authority
 1316  located in whole or in part within this state which provides, or
 1317  has authority to provide, firefighting, law enforcement,
 1318  ambulance, medical, or other emergency services.
 1319         (d) “Public safety agency” means a functional division of a
 1320  public agency which provides firefighting, law enforcement,
 1321  medical, or other emergency services.
 1322         (4) STATE PLAN.—The department office shall develop,
 1323  maintain, and implement appropriate modifications for a
 1324  statewide emergency communications E911 system plan. The plan
 1325  shall provide for:
 1326         (a) The public agency emergency communications requirements
 1327  for each entity of local government in the state.
 1328         (b) A system to meet specific local government
 1329  requirements. Such system must shall include law enforcement,
 1330  firefighting, and emergency medical services and may include
 1331  other emergency services such as poison control, suicide
 1332  prevention, and emergency management services.
 1333         (c) Identification of the mutual aid agreements necessary
 1334  to obtain an effective E911 system.
 1335         (d) A funding provision that identifies the cost necessary
 1336  to implement the E911 system.
 1337  
 1338  The department is office shall be responsible for the
 1339  implementation and coordination of such plan. The department
 1340  office shall adopt any necessary rules and schedules related to
 1341  public agencies for implementing and coordinating the plan,
 1342  pursuant to chapter 120.
 1343         (5) SYSTEM DIRECTOR.—The secretary of the department or his
 1344  or her designee is designated as the director of the statewide
 1345  emergency communications number E911 system and, for the purpose
 1346  of carrying out the provisions of this section, may is
 1347  authorized to coordinate the activities of the system with
 1348  state, county, local, and private agencies. The director in
 1349  implementing the system shall consult, cooperate, and coordinate
 1350  with local law enforcement agencies.
 1351         (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The
 1352  department office shall coordinate with the Florida Public
 1353  Service Commission which shall encourage the Florida
 1354  telecommunications industry to activate facility modification
 1355  plans for timely E911 implementation.
 1356         (9) SYSTEM APPROVAL.—An No emergency communications number
 1357  E911 system may not shall be established or and no present
 1358  system shall be expanded without the prior approval of the
 1359  department office.
 1360         (10) COMPLIANCE.—All public agencies shall assist the
 1361  department office in their efforts to carry out the intent of
 1362  this section, and such agencies shall comply with the developed
 1363  plan.
 1364         Section 30. Present paragraphs (h) through (s) of
 1365  subsection (3) of section 365.172, Florida Statutes, are
 1366  redesignated as paragraphs (i) through (t), respectively, a new
 1367  paragraph (h) is added to that subsection, and paragraph (d) of
 1368  subsection (2), present paragraph (t) of subsection (3),
 1369  subsection (4), paragraph (a) of subsection (5), paragraph (c)
 1370  of subsection (6), and paragraph (f) of subsection (12) of that
 1371  section, are amended to read:
 1372         365.172 Emergency communications number “E911.”—
 1373         (2) LEGISLATIVE INTENT.—It is the intent of the Legislature
 1374  to:
 1375         (d) Provide for an E911 board to administer the fee, with
 1376  oversight by the department office, in a manner that is
 1377  competitively and technologically neutral with respect as to all
 1378  voice communications services providers.
 1379  
 1380  It is further the intent of the Legislature that the fee
 1381  authorized or imposed by this section not necessarily provide
 1382  the total funding required for establishing or providing E911
 1383  service.
 1384         (3) DEFINITIONS.—Only as used in this section and ss.
 1385  365.171, 365.173, and 365.174, the term:
 1386         (h) “Department” means the Department of State Technology.
 1387         (t) “Office” means the Technology Program within the
 1388  Department of Management Services, as designated by the
 1389  secretary of the department.
 1390         (4) POWERS AND DUTIES OF THE DEPARTMENT OFFICE.—The
 1391  department office shall oversee the administration of the fee
 1392  authorized and imposed on subscribers of voice communications
 1393  services under subsection (8).
 1394         (5) THE E911 BOARD.—
 1395         (a) The E911 Board is established to administer, with
 1396  oversight by the department office, the fee imposed under
 1397  subsection (8), including receiving revenues derived from the
 1398  fee; distributing portions of the revenues to wireless
 1399  providers, counties, and the department office; accounting for
 1400  receipts, distributions, and income derived from by the funds
 1401  maintained in the fund; and providing annual reports to the
 1402  Governor and the Legislature for submission by the department
 1403  office on amounts collected and expended, the purposes for which
 1404  expenditures have been made, and the status of E911 service in
 1405  this state. In order to advise and assist the department office
 1406  in administering implementing the purposes of this section, the
 1407  board, which has the power of a body corporate, has the powers
 1408  enumerated in subsection (6).
 1409         (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.—
 1410         (c) By February 28 of each year, the board shall prepare a
 1411  report for submission by the department office to the Governor,
 1412  Cabinet, the President of the Senate, and the Speaker of the
 1413  House of Representatives which addresses for the immediately
 1414  preceding calendar year:
 1415         1. The annual receipts, including the total amount of fee
 1416  revenues collected by each provider, the total disbursements of
 1417  money in the fund, including the amount of fund-reimbursed
 1418  expenses incurred by each wireless provider to comply with the
 1419  order, and the amount of moneys on deposit in the fund.
 1420         2. Whether the amount of the fee and the allocation
 1421  percentages set forth in s. 365.173 have been or should be
 1422  adjusted to comply with the requirements of the order or other
 1423  provisions of this chapter, and the reasons for making or not
 1424  making a recommended adjustment to the fee.
 1425         3. Any other issues related to providing E911 services.
 1426         4. The status of E911 services in this state.
 1427         (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance
 1428  the public need for reliable E911 services through reliable
 1429  wireless systems and the public interest served by governmental
 1430  zoning and land development regulations and notwithstanding any
 1431  other law or local ordinance to the contrary, the following
 1432  standards shall apply to a local government’s actions, as a
 1433  regulatory body, in the regulation of the placement,
 1434  construction, or modification of a wireless communications
 1435  facility. This subsection does shall not, however, be construed
 1436  to waive or alter the provisions of s. 286.011 or s. 286.0115.
 1437  For the purposes of this subsection only, the term “local
 1438  government” means only shall mean any municipality or county and
 1439  any agency of a municipality or county only. The term “local
 1440  government” does not, however, include any airport, as defined
 1441  by s. 330.27(2), even if it is owned or controlled by or through
 1442  a municipality, county, or agency of a municipality or county.
 1443  Further, notwithstanding any other provision of anything in this
 1444  section to the contrary, this subsection does not apply to or
 1445  control a local government’s actions as a property or structure
 1446  owner in the use of any property or structure owned by such
 1447  entity for the placement, construction, or modification of
 1448  wireless communications facilities. In the use of property or
 1449  structures owned by the local government, however, a local
 1450  government may not use its regulatory authority so as to avoid
 1451  compliance with, or in a manner that does not advance, the
 1452  provisions of this subsection.
 1453         (f) Any other law to the contrary notwithstanding, the
 1454  department and the Department of Management Services shall
 1455  negotiate, in the name of the state, leases for wireless
 1456  communications facilities that provide access to state
 1457  government-owned property not acquired for transportation
 1458  purposes, and the Department of Transportation shall negotiate,
 1459  in the name of the state, leases for wireless communications
 1460  facilities that provide access to property acquired for state
 1461  rights-of-way. On property acquired for transportation purposes,
 1462  leases shall be granted in accordance with s. 337.251. On other
 1463  state government-owned property, leases shall be granted on a
 1464  space available, first-come, first-served basis. Payments
 1465  required by state government under a lease must be reasonable
 1466  and must reflect the market rate for the use of the state
 1467  government-owned property. The department of Management Services
 1468  and the Department of Transportation may are authorized to adopt
 1469  rules for the terms and conditions and granting of any such
 1470  leases.
 1471         Section 31. Subsection (1) and paragraph (g) of subsection
 1472  (2) of section 365.173, Florida Statutes, are amended to read:
 1473         365.173 Emergency Communications Number E911 System Fund.—
 1474         (1) All revenues derived from the fee levied on subscribers
 1475  under s. 365.172 must be paid by the board into the State
 1476  Treasury on or before the 15th day of each month. Such moneys
 1477  must be accounted for in a special fund to be designated as the
 1478  Emergency Communications Number E911 System Fund, a fund created
 1479  in the Department of State Technology Program, or other office
 1480  as designated by the Secretary of Management Services, and, for
 1481  accounting purposes, must be segregated into two separate
 1482  categories:
 1483         (a) The wireless category; and
 1484         (b) The nonwireless category.
 1485  
 1486  All moneys must be invested by the Chief Financial Officer
 1487  pursuant to s. 17.61. All moneys in such fund shall are to be
 1488  expended by the department office for the purposes provided in
 1489  this section and s. 365.172. These funds are not subject to s.
 1490  215.20.
 1491         (2) As determined by the board pursuant to s.
 1492  365.172(8)(h), and subject to any modifications approved by the
 1493  board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in
 1494  the fund shall be distributed and used only as follows:
 1495         (g) Two percent of the moneys in the fund shall be used to
 1496  make monthly distributions to rural counties for the purpose of
 1497  providing facilities and network and service enhancements and
 1498  assistance for the 911 or E911 systems operated by rural
 1499  counties and for the provision of grants by the department
 1500  office to rural counties for upgrading and replacing E911
 1501  systems.
 1502  
 1503  The Legislature recognizes that the fee authorized under s.
 1504  365.172 may not necessarily provide the total funding required
 1505  for establishing or providing the E911 service. It is the intent
 1506  of the Legislature that all revenue from the fee be used as
 1507  specified in this subsection.
 1508         Section 32. Subsection (1) of section 365.174, Florida
 1509  Statutes, is amended to read:
 1510         365.174 Proprietary confidential business information.—
 1511         (1) All proprietary confidential business information
 1512  submitted by a provider to the board or the Department of State
 1513  Technology office, including the name and billing or service
 1514  addresses of service subscribers, and trade secrets as defined
 1515  by s. 812.081, is confidential and exempt from s. 119.07(1) and
 1516  s. 24(a), Art. I of the State Constitution. Statistical
 1517  abstracts of information collected by the board or the
 1518  department office may be released or published, but only in a
 1519  manner that does not identify or allow identification of
 1520  subscribers or their service numbers or of revenues attributable
 1521  to any provider.
 1522         Section 33. Section 401.013, Florida Statutes, is amended
 1523  to read:
 1524         401.013 Legislative intent.—It is the intention and purpose
 1525  of the Legislature that a statewide system of regional emergency
 1526  medical telecommunications be developed whereby the maximum use
 1527  of existing radio channels is achieved in order to more
 1528  effectively and rapidly provide emergency medical service to the
 1529  general population. To this end, all emergency medical service
 1530  entities within the state are directed to provide the Department
 1531  of State Technology Management Services with any information the
 1532  department requests for the purpose of implementing the
 1533  provisions of s. 401.015, and such entities must shall comply
 1534  with the resultant provisions established pursuant to this part.
 1535         Section 34. Section 401.015, Florida Statutes, is amended
 1536  to read:
 1537         401.015 Statewide regional emergency medical
 1538  telecommunication system.—The Department of State Technology
 1539  shall Management Services is authorized and directed to develop
 1540  a statewide system of regional emergency medical
 1541  telecommunications. For the purpose of this part, the term
 1542  “telecommunications” means those voice, data, and signaling
 1543  transmissions and receptions between emergency medical service
 1544  components, including, but not limited to: ambulances; rescue
 1545  vehicles; hospitals or other related emergency receiving
 1546  facilities; emergency communications centers; physicians and
 1547  emergency medical personnel; paging facilities; law enforcement
 1548  and fire protection agencies; and poison control, suicide, and
 1549  emergency management agencies. In formulating such a system, the
 1550  agency department shall divide the state into appropriate
 1551  regions and shall develop a program that which includes, but is
 1552  not limited to, the following provisions:
 1553         (1) A requirements provision that states, which shall state
 1554  the telecommunications requirements for each emergency medical
 1555  entity comprising the region.
 1556         (2) An interfacility communications provision that depicts,
 1557  which shall depict the telecommunications interfaces between the
 1558  various medical service entities which operate within the region
 1559  and state.
 1560         (3) An organizational layout provision that includes, which
 1561  shall include each emergency medical entity and the number of
 1562  radio operating units (base, mobile, handheld, etc.) per entity.
 1563         (4) A frequency allocation and use provision that includes,
 1564  which shall include on an entity basis each assigned and planned
 1565  radio channel and the type of operation (simplex, duplex, half
 1566  duplex, etc.) on each channel.
 1567         (5) An operational provision that includes, which shall
 1568  include dispatching, logging, and operating procedures
 1569  pertaining to telecommunications on an entity basis and regional
 1570  basis.
 1571         (6) An emergency medical service telephone provision that
 1572  includes, which shall include the telephone and the numbering
 1573  plan throughout the region for both the public and interface
 1574  requirements.
 1575         Section 35. Section 401.018, Florida Statutes, is amended
 1576  to read:
 1577         401.018 System coordination.—
 1578         (1) The statewide system of regional emergency medical
 1579  telecommunications shall be developed by the Department of State
 1580  Technology Management Services, which department shall be
 1581  responsible for the implementation and coordination of such
 1582  system into the state telecommunications plan. The department
 1583  shall adopt any necessary rules and regulations for
 1584  administering implementing and coordinating such a system.
 1585         (2) The Department of State Technology Management Services
 1586  shall be designated as the state frequency coordinator for the
 1587  special emergency radio service.
 1588         Section 36. Section 401.021, Florida Statutes, is amended
 1589  to read:
 1590         401.021 System director.—The Secretary of the Department of
 1591  State Technology Management Services or his or her designee is
 1592  designated as the director of the statewide telecommunications
 1593  system of the regional emergency medical service and, for the
 1594  purpose of carrying out the provisions of this part, may is
 1595  authorized to coordinate the activities of the
 1596  telecommunications system with other interested state, county,
 1597  local, and private agencies.
 1598         Section 37. Section 401.024, Florida Statutes, is amended
 1599  to read:
 1600         401.024 System approval.—An From July 1, 1973, no emergency
 1601  medical telecommunications system may not shall be established
 1602  or present systems expanded without prior approval of the
 1603  Department of State Technology Management Services.
 1604         Section 38. Section 401.027, Florida Statutes, is amended
 1605  to read:
 1606         401.027 Federal assistance.—The Secretary of the Department
 1607  of State Technology Management Services or his or her designee
 1608  may is authorized to apply for and accept federal funding
 1609  assistance in the development and implementation of a statewide
 1610  emergency medical telecommunications system.
 1611         Section 39. Subsection (4) of section 445.011, Florida
 1612  Statutes, is amended to read:
 1613         445.011 Workforce information systems.—
 1614         (4) Workforce Florida, Inc., shall coordinate development
 1615  and implementation of workforce information systems with the
 1616  Secretary executive director of the Department of State Agency
 1617  for Enterprise Information Technology to ensure compatibility
 1618  with the state’s information system strategy and enterprise
 1619  architecture.
 1620         Section 40. Subsection (2) and paragraphs (a) and (b) of
 1621  subsection (4) of section 445.045, Florida Statutes, are amended
 1622  to read:
 1623         445.045 Development of an Internet-based system for
 1624  information technology industry promotion and workforce
 1625  recruitment.—
 1626         (2) Workforce Florida, Inc., shall coordinate with the
 1627  Department of State Agency for Enterprise Information Technology
 1628  and the Department of Economic Opportunity to ensure that links,
 1629  where feasible and appropriate, to existing job information
 1630  websites maintained by the state and state agencies and to
 1631  ensure that information technology positions offered by the
 1632  state and state agencies are posted on the information
 1633  technology website.
 1634         (4)(a) Workforce Florida, Inc., shall coordinate
 1635  development and maintenance of the website under this section
 1636  with the Secretary executive director of the Department of State
 1637  Agency for Enterprise Information Technology to ensure
 1638  compatibility with the state’s information system strategy and
 1639  enterprise architecture.
 1640         (b) Workforce Florida, Inc., may enter into an agreement
 1641  with the Department of State Agency for Enterprise Information
 1642  Technology, the Department of Economic Opportunity, or any other
 1643  public agency with the requisite information technology
 1644  expertise for the provision of design, operating, or other
 1645  technological services necessary to develop and maintain the
 1646  website.
 1647         Section 41. Paragraph (b) of subsection (18) of section
 1648  668.50, Florida Statutes, is amended to read:
 1649         668.50 Uniform Electronic Transaction Act.—
 1650         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1651  GOVERNMENTAL AGENCIES.—
 1652         (b) To the extent that a governmental agency uses
 1653  electronic records and electronic signatures under paragraph
 1654  (a), the Department of State Agency for Enterprise Information
 1655  Technology, in consultation with the governmental agency, giving
 1656  due consideration to security, may specify:
 1657         1. The manner and format in which the electronic records
 1658  must be created, generated, sent, communicated, received, and
 1659  stored and the systems established for those purposes.
 1660         2. If electronic records must be signed by electronic
 1661  means, the type of electronic signature required, the manner and
 1662  format in which the electronic signature must be affixed to the
 1663  electronic record, and the identity of, or criteria that must be
 1664  met by, any third party used by a person filing a document to
 1665  facilitate the process.
 1666         3. Control processes and procedures as appropriate to
 1667  ensure adequate preservation, disposition, integrity, security,
 1668  confidentiality, and auditability of electronic records.
 1669         4. Any other required attributes for electronic records
 1670  which are specified for corresponding nonelectronic records or
 1671  reasonably necessary under the circumstances.
 1672         Section 42. Subsection (2) of section 1006.73, Florida
 1673  Statutes, is amended to read:
 1674         1006.73 Florida Virtual Campus.—
 1675         (2) The chancellors of the Florida College System and the
 1676  State University System shall exercise joint oversight of the
 1677  Florida Virtual Campus and shall establish its governance and
 1678  reporting structure, administrative and operational guidelines
 1679  and processes, staffing requirements, and operational budget.
 1680  All data center services needed by the Florida Virtual Campus
 1681  shall be provided by a primary data center established pursuant
 1682  to s. ss. 282.201 and 1004.649.
 1683         (a) In carrying out the purposes of this section:
 1684         1. The campus is not an “agency” as defined in s. 20.03(11)
 1685  and is not subject to chapter 287.
 1686         2. The campus shall be deemed to be acting as an
 1687  instrumentality of the state for purposes of sovereign immunity
 1688  pursuant to s. 768.28(2).
 1689         3. All records of the campus are public records unless made
 1690  confidential or exempt from law.
 1691         (b) The campus shall maintain an unencumbered balance of
 1692  not less than 5 percent of its approved operating budget.
 1693         (c) The campus may secure comprehensive general liability
 1694  coverage, professional liability coverage, property and casualty
 1695  coverage, and any other insurance coverage deemed appropriate by
 1696  the chancellors.
 1697         (d) The campus may contract for administrative services
 1698  with a public postsecondary education institution. The
 1699  administrative overhead costs charged by the institution may not
 1700  exceed the actual cost of providing the services and shall
 1701  require a specific appropriation in the General Appropriations
 1702  Act.
 1703         Section 43. Transfer from the Executive Office of the
 1704  Governor.—All of the powers, duties, functions, records,
 1705  personnel, and property; funds, trust funds, and unexpended
 1706  balances of appropriations, allocations, and other funds;
 1707  administrative authority; administrative rules; pending issues;
 1708  and existing contracts of the Agency for Enterprise Information
 1709  Technology within the Executive Office of the Governor shall
 1710  continue and to the extent necessary are transferred by a type
 1711  one transfer, pursuant to s. 20.06(1), Florida Statutes, to the
 1712  Department of State Technology under s. 20.61, Florida Statutes.
 1713         Section 44. Transfer from the Department of Management
 1714  Services.—Effective January 1, 2014:
 1715         (1)The Technology Program established under s. 20.22(2),
 1716  Florida Statutes, is transferred intact by a type one transfer,
 1717  as defined in s. 20.06, Florida Statutes, from the Department of
 1718  Management Services to the Department of State Technology.
 1719         (2)All of the powers, duties, functions, records,
 1720  personnel, and property; funds, trust funds, and unexpended
 1721  balances of appropriations, allocations, and other funds;
 1722  administrative authority; administrative rules; pending issues;
 1723  and existing contracts relating to the following
 1724  responsibilities of the Department of Management Services are
 1725  transferred by a type one transfer, as defined in s.20.06, to
 1726  the Department of State Technology:
 1727         (a) Administrative and regulatory responsibilities under
 1728  part II of chapter 282, Florida Statutes, consisting of ss.
 1729  282.601-282.606, Florida Statutes, relating to accessibility of
 1730  electronic information and information technology for state
 1731  employees and members of the public with disabilities, including
 1732  the responsibility for rules for the development, procurement,
 1733  maintenance, and use of accessible electronic information
 1734  technology by governmental units pursuant to s. 282.604, Florida
 1735  Statutes.
 1736         (b)Administrative and regulatory responsibilities under
 1737  part III of chapter 282, Florida Statutes, consisting of ss.
 1738  282.701-282.711, Florida Statutes, relating to the state
 1739  telecommunications network, state communications,
 1740  telecommunications services with state agencies and political
 1741  subdivisions of the state, the SUNCOM network, the law
 1742  enforcement radio system and interoperability network, regional
 1743  law enforcement communications, and remote electronic access.
 1744         (c)Administrative and regulatory responsibilities under s.
 1745  364.0135, Florida Statutes, relating to broadband Internet
 1746  service.
 1747         (d)Administrative and regulatory responsibilities under
 1748  ss. 365.171-365.175, Florida Statutes, relating to emergency
 1749  communications number E911.
 1750         (e)Administrative and regulatory responsibilities under
 1751  part I of chapter 401, Florida Statutes, consisting of ss.
 1752  401.013-401.027, Florida Statutes, relating to a statewide
 1753  system of regional emergency medical telecommunications.
 1754         (3)(a)The following trust funds are transferred by a type
 1755  one transfer, as defined in s. 20.06(1), Florida Statutes, from
 1756  the Department of Management Services to the Department of State
 1757  Technology:
 1758         1. The Communications Working Capital Trust Fund.
 1759         2. The Emergency Communications Number E911 System Fund.
 1760         3. The State Agency Law Enforcement Radio System Trust
 1761  Fund.
 1762         4. Federal Grants Trust Fund.
 1763         (b) All unexpended balances of appropriations, allocations,
 1764  and other funds of the Department of Management Services
 1765  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1766  365.175, and part I of chapter 401, Florida Statutes, which are
 1767  not specifically transferred by this subsection are transferred
 1768  by a type one transfer, as defined in s. 20.06(1), Florida
 1769  Statutes, to the Department of State Technology.
 1770         (4) All lawful orders issued by the Department of
 1771  Management Services implementing or enforcing or otherwise in
 1772  regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175,
 1773  or part I of chapter 401, Florida Statutes, issued before
 1774  January 1, 2014, shall remain in effect and be enforceable after
 1775  that date unless thereafter modified in accordance with law.
 1776         (5) Any binding contract or interagency agreement entered
 1777  into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1778  365.175, or part I of chapter 401, Florida Statutes, and
 1779  existing before January 1, 2014, between the Department of
 1780  Management Services or an entity or agent of the department and
 1781  any other agency, entity, or person shall continue as a binding
 1782  contract or agreement for the remainder of the term of such
 1783  contract or agreement on the Department of State Technology.
 1784         (6) The rules of the Department of Management Services
 1785  relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171
 1786  365.175, or part I of chapter 401, Florida Statutes, that were
 1787  in effect at 11:59 p.m. on December 31, 2013, shall become the
 1788  rules of the Department of State Technology and remain in effect
 1789  until amended or repealed in the manner provided by law.
 1790         (7) The transfer of regulatory authority under ss. 282.701
 1791  282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter
 1792  401, Florida Statutes, provided by this section does not affect
 1793  the validity of any judicial or administrative action pending as
 1794  of 11:59 p.m. on December 31, 2013, to which the Department of
 1795  Management Services is at that time a party, and the Department
 1796  of State Technology shall be substituted as a party in interest
 1797  in any such action.
 1798         (8) The Northwood Shared Resource Center is transferred by
 1799  a type one transfer, as defined in s. 20.06, Florida Statutes,
 1800  from the Department of Management Services to the Department of
 1801  State Technology.
 1802         (a) Any binding contract or interagency agreement entered
 1803  into between the Northwood Shared Resource Center or an entity
 1804  or agent of the center and any other agency, entity, or person
 1805  shall continue as a binding contract or agreement for the
 1806  remainder of the term of such contract or agreement on the
 1807  Department of State Technology.
 1808         (b) The rules of the Northwood Shared Resource Center that
 1809  were in effect at 11:59 p.m. on December 31, 2013, shall become
 1810  the rules of the Department of State Technology and shall remain
 1811  in effect until amended or repealed in the manner provided by
 1812  law.
 1813         (9) The Southwood Shared Resource Center is transferred by
 1814  a type one transfer, as defined in s. 20.06, Florida Statutes,
 1815  from the Department of Management Services to the Department of
 1816  State Technology.
 1817         (a) Any binding contract or interagency agreement entered
 1818  into between the Southwood Shared Resource Center or an entity
 1819  or agent of the center and any other agency, entity, or person
 1820  shall continue as a binding contract or agreement for the
 1821  remainder of the term of such contract or agreement on the
 1822  Department of State Technology.
 1823         (b) The rules of the Southwood Shared Resource Center that
 1824  were in effect at 11:59 p.m. on December 31, 2013, shall become
 1825  the rules of the Department of State Technology and shall remain
 1826  in effect until amended or repealed in the manner provided by
 1827  law.
 1828         Section 45. An employee transferred to the Department of
 1829  State Technology by this act shall retain the same status of his
 1830  or her current position upon the transfer of that position to
 1831  the department.
 1832         Section 46. For the 2013-2014 fiscal year, the sum of
 1833  $2,865,108 in recurring general revenue funds, $2,134,892 in
 1834  nonrecurring general revenue funds, and 24 full-time equivalent
 1835  positions and associated salary rate of 2,010,951 are
 1836  appropriated to the Department of State Technology for the
 1837  purpose of implementing this act.
 1838         Section 47. Except as otherwise expressly provided in this
 1839  act and except for this section, which shall take effect upon
 1840  become law, this act shall take effect July 1, 2013.