The Florida Senate

282.102  Powers and duties of the State Technology Office of the Department of Management Services.--There is created a State Technology Office, administratively placed within the Department of Management Services, which shall be headed by a Chief Information Officer who is appointed by the Governor and is in the Senior Management Service. The office shall have the following powers, duties, and functions:

(1)  To publish electronically the portfolio of services available from the office, including pricing information; the policies and procedures of the office governing usage of available services; and a forecast of the priorities and initiatives for the state communications system for the ensuing 2 years. The office shall provide a hard copy of its portfolio of services upon request.

(2)  To coordinate the purchase, lease, and use of all information technology services for state agencies, including communications services provided as part of any other total system to be used by the state or any of its agencies.

(3)  To advise and render aid to state agencies and political subdivisions of the state as to systems or methods to be used for organizing and meeting information technology requirements efficiently and effectively.

(4)  To integrate the information technology systems and services of state agencies.

(5)  To adopt technical standards for the state information technology system which will assure the interconnection of computer networks and information systems of state agencies.

(6)  To assume management responsibility for any integrated information technology system or service when determined by the office to be economically efficient or performance-effective.

(7)  To enter into agreements for the support and use of the information technology services of state agencies and of political subdivisions of the state.

(8)  To use or acquire, with agency concurrence, information technology facilities now owned or operated by any state agency.

(9)  To standardize policies and procedures for the use of such services.

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

(11)  To apply for, receive, and hold, or assist agencies in applying for, receiving, or holding, such authorizations, licenses, and allocations or channels and frequencies to carry out the purposes of ss. 282.101-282.109.

(12)  To acquire real estate, equipment, and other property.

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

(14)  To delegate to state agencies the powers of acquisition and utilization of information technology equipment, facilities, and services or to control and approve the purchase, lease, and use of all information technology equipment, services, and facilities, including communications services provided as part of any other total system to be used by the state or any of its agencies.

(15)  To take ownership, custody, and control of existing communications equipment and facilities, with agency concurrence, including all right, title, interest, and equity therein, to carry out the purposes of ss. 282.101-282.109. However, the provisions of this subsection shall in no way affect the rights, title, interest, or equity in any such equipment or facilities owned by, or leased to, the state or any state agency by any telecommunications company.

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

(17)  To provide a means whereby political subdivisions of the state may use the state information technology system upon such terms and under such conditions as the office may establish.

(18)  To apply for and accept federal funds for any of the purposes of ss. 282.101-282.109 as well as gifts and donations from individuals, foundations, and private organizations.

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

(20)  Unless delegated to the agencies by the Chief Information Officer, to manage and control, but not intercept or interpret, communications within the SUNCOM Network by:

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

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

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

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

(e)  Ensuring orderly and reliable communications services in accordance with the standards and policies of all state agencies and the service agreements executed with state agencies.

(21)  To plan, design, and conduct experiments for information technology services, equipment, and technologies, and to implement enhancements in the state information technology system when in the public interest and cost-effective. Funding for such experiments shall be derived from SUNCOM Network service revenues and shall not exceed 2 percent of the annual budget for the SUNCOM Network for any fiscal year or as provided in the General Appropriations Act for fiscal year 2000-2001. New services offered as a result of this subsection shall not affect existing rates for facilities or services.

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

(23)  To provide an integrated electronic system for deploying government products, services, and information to individuals and businesses.

(a)  The integrated electronic system shall reflect cost-effective deployment strategies in keeping with industry standards and practices, including protections of security of private information as well as maintenance of public records.

(b)  The office shall provide a method for assessing fiscal accountability for the integrated electronic system and shall establish the organizational structure required to implement this system.

(24)  To provide administrative support to the Chief Information Officers Council and other workgroups created by the Chief Information Officer.

(25)  To facilitate state information technology education and training for senior management and other agency staff.

(26)  To prepare, on behalf of the Executive Office of the Governor, memoranda on recommended guidelines and best practices for information resources management, when requested.

(27)  To prepare, publish, and disseminate the State Annual Report on Enterprise Resource Planning and Management under s. 282.310.

(28)  To study and make a recommendation to the Governor and Legislature on the feasibility of implementing online voting in this state.

(29)  To facilitate the development of a network access point in this state, as needed.

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

Note.--Former s. 287.25.