Florida Senate - 2016              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1430
       
       
       
       
       
                               Ì680352ÇÎ680352                          
       
       576-04153-16                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to state technology; amending s.
    3         20.61, F.S.; establishing a chief data officer within
    4         the Agency for State Technology who shall be appointed
    5         by the executive director; amending s. 282.0051, F.S.;
    6         authorizing the Agency for State Technology to oversee
    7         the transition of various licenses and identification
    8         cards to an optional digital proof of the licenses and
    9         identification cards for a specified fee; requiring
   10         the agency to develop standards for the digitization
   11         of individual licenses and identification cards;
   12         requiring the agency to develop a central digital
   13         platform that can store or access data for each type
   14         of digital proof of license and identification card;
   15         requiring state agencies, commissions, and departments
   16         to consult with the agency under certain
   17         circumstances; authorizing the agency to contract with
   18         a third party; requiring the agency to direct the
   19         chief data officer to establish a governance structure
   20         for managing state government data and to establish a
   21         certain catalog of such data; requiring the agency to
   22         consult with state agencies on specified factors
   23         relating to cloud computing; requiring state agencies
   24         to evaluate and consider cloud computing services
   25         before making certain investments; amending s.
   26         322.032, F.S.; requiring the Department of Highway
   27         Safety and Motor Vehicles, in coordination with the
   28         Agency for State Technology, to develop, rather than
   29         begin to review and prepare for the development of, a
   30         system for issuing an optional digital proof of driver
   31         license for a specified fee, subject to certain
   32         requirements; providing for deposit of such fees;
   33         authorizing the department, in coordination with the
   34         agency, to adopt rules to ensure valid authentication
   35         of digital proof of driver licenses; providing
   36         criteria for digital proof of driver licenses;
   37         requiring the department, in coordination with the
   38         agency, to implement a digital proof of driver license
   39         pilot program by a specified date, subject to certain
   40         requirements; requiring the department to provide a
   41         report to the Governor and the Legislature by a
   42         specified date; adding a penalty for possession of
   43         false digital proof of driver license; providing
   44         appropriations; providing an effective date.
   45          
   46  Be It Enacted by the Legislature of the State of Florida:
   47  
   48         Section 1. Paragraph (f) is added to subsection (2) of
   49  section 20.61, Florida Statutes, to read:
   50         20.61 Agency for State Technology.—The Agency for State
   51  Technology is created within the Department of Management
   52  Services. The agency is a separate budget program and is not
   53  subject to control, supervision, or direction by the Department
   54  of Management Services, including, but not limited to,
   55  purchasing, transactions involving real or personal property,
   56  personnel, or budgetary matters.
   57         (2) The following positions are established within the
   58  agency, all of whom shall be appointed by the executive
   59  director:
   60         (f) Chief data officer.
   61         Section 2. Present subsections (17) and (18) of section
   62  282.0051, Florida Statutes, are redesignated as subsections (20)
   63  and (21), respectively, and new subsections (17), (18), and (19)
   64  are added to that section, to read:
   65         282.0051 Agency for State Technology; powers, duties, and
   66  functions.—The Agency for State Technology shall have the
   67  following powers, duties, and functions:
   68         (17) Oversee the transition of licenses and identification
   69  cards to digital proof of licenses and identification cards to
   70  be issued by state agencies, commissions, and departments at the
   71  option of licenseholders and cardholders upon payment of a $5
   72  fee. The agency shall develop standards for the digitization of
   73  individual types of licenses and identification cards when
   74  digital proofs of those licenses and identification cards are
   75  authorized by law. The agency shall also develop a central
   76  digital platform that can store or access data for each type of
   77  digital proof of license and identification card. State
   78  agencies, commissions, and departments must consult with the
   79  agency before contracting with any third-party entity to develop
   80  digital proof of license or identification card. If any state
   81  agency, commission, or department seeks to develop its own
   82  digital proof of license or identification card without
   83  contracting services to a third party, the agency shall develop
   84  standards for such digital proof of license or identification
   85  card and must be consulted in the development of such license or
   86  identification card. The agency may contract with a third party
   87  to assist in the fulfillment of the requirements of this
   88  subsection.
   89         (18) In consultation with other state agencies and giving
   90  consideration to the feasibility study conducted pursuant to s.
   91  30, chapter 2014-221, Laws of Florida, direct the chief data
   92  officer to:
   93         (a) Establish a governance structure for managing state
   94  government data in a manner that promotes interoperability and
   95  openness; and
   96         (b) Establish a catalog of state government data which
   97  documents the acceptable use of, security and compliance
   98  requirements for, sharing agreements for, and format and methods
   99  available to access the data.
  100         (19) Consult with each state agency on the development of
  101  the agency’s legislative budget request for the use of
  102  commercial cloud computing services, current plans for the
  103  expansion of cloud computing to leverage the utility-based
  104  model, security benefits of transitioning to cloud computing,
  105  and any factors delaying or inhibiting the expansion of cloud
  106  computing usage. All state agencies must evaluate and consider
  107  commercial cloud computing services before making any new
  108  information technology or telecommunications investment.
  109         Section 3. Section 322.032, Florida Statutes, is amended to
  110  read:
  111         322.032 Digital proof of driver license.—
  112         (1) The department, in coordination with the Agency for
  113  State Technology, shall develop begin to review and prepare for
  114  the development of a secure and uniform system for issuing an
  115  optional digital proof of driver license for a fee of $5. Such
  116  fees shall be deposited into the Highway Safety Operating Trust
  117  Fund. The department may contract with one or more private
  118  entities to develop a digital proof of driver license system
  119  pursuant to s. 282.0051(17).
  120         (2) The Digital proof of driver license developed by the
  121  department or by an entity contracted by the department must be
  122  in such a format that allows as to allow law enforcement to
  123  verify the authenticity of such the digital proof of driver
  124  license. The department, in coordination with the Agency for
  125  State Technology, may adopt rules to ensure valid authentication
  126  of digital proof of driver licenses by law enforcement.
  127         (3) Digital proof of driver license must display the same
  128  required information about the licenseholder as does a driver
  129  license under this chapter.
  130         (4)(3) A person may not be issued a digital proof of driver
  131  license until he or she has satisfied all of the requirements of
  132  this chapter for issuance of a physical driver license as
  133  provided in this chapter.
  134         (5) The department, in coordination with the Agency for
  135  State Technology, shall implement a digital proof of driver
  136  license pilot program by July 1, 2017, using the developed
  137  secure and uniform system. Program participants must be limited
  138  to elected state officials and state employee volunteers. The
  139  department shall provide a report on the results of the pilot
  140  program to the Governor, the President of the Senate, and the
  141  Speaker of the House of Representatives by March 1, 2018.
  142         (6)(4) A person who:
  143         (a) Manufactures a false digital proof of driver license
  144  commits a felony of the third degree, punishable as provided in
  145  s. 775.082, s. 775.083, or s. 775.084.
  146         (b) Possesses a false digital proof of driver license
  147  commits a misdemeanor of the second degree, punishable as
  148  provided in s. 775.082 or s. 775.083.
  149         Section 4. For the 2016-2017 fiscal year, the sums of
  150  $146,001 in recurring funds and $3,999 in nonrecurring funds are
  151  appropriated from the General Revenue Fund to the Agency for
  152  State Technology, and one full-time equivalent position with
  153  associated salary rate of 100,000 is authorized, for the purpose
  154  of implementing the position of chief data officer established
  155  by the amendment to s. 20.61, Florida Statutes.
  156         Section 5. For the 2016-2017 fiscal year, the sum of
  157  $500,000 in nonrecurring funds is appropriated from the General
  158  Revenue Fund to the Department of Highway Safety and Motor
  159  Vehicles for the purpose of implementing the pilot program
  160  created by the amendment to s. 322.032, Florida Statutes.
  161         Section 6. This act shall take effect October 1, 2016.