Senate Bill 0832

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    Florida Senate - 1998                                   SB 832

    By Senators Kirkpatrick, Sullivan and Forman





    5-877-98                                                See HB

  1                      A bill to be entitled

  2         An act relating to information resources

  3         management; amending s. 186.021, F.S.;

  4         providing that certain information resources

  5         management projects are not required in agency

  6         strategic plans; amending s. 216.181, F.S.;

  7         providing that certain information resource

  8         management projects are not subject to the

  9         mandatory notice and review requirements for

10         amendments to agencies' original approved

11         operating budgets; amending s. 186.022, F.S.;

12         providing that certain coordinating councils

13         and boards are required to develop annual

14         performance reports; amending s. 282.3063,

15         F.S.; modifying the date for submission of the

16         Agency Annual Information Resources Management

17         Report; amending s. 282.310, F.S.; modifying

18         the date by which the State Annual Report on

19         Information Resources Management must be

20         developed; requiring the inclusion of specified

21         information within the report; amending s.

22         282.3091, F.S.; authorizing members of the

23         State Technology Council to appoint designees

24         to serve on their behalf; amending s. 282.404,

25         F.S.; removing the chair of the Geographic

26         Information Advisory Council as an ex officio

27         member of the Geographic Information Board;

28         requiring the chair to attend all meetings of

29         the Geographic Information Board on behalf of

30         the council; amending s. 215.96, F.S.;

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1         providing a technical correction; providing an

  2         effective date.

  3

  4  Be It Enacted by the Legislature of the State of Florida:

  5

  6         Section 1.  Subsection (1) of section 186.021, Florida

  7  Statutes, is amended to read:

  8         186.021  State agency strategic plans.--

  9         (1)  A state agency strategic plan shall be a statement

10  of the priority directions an agency will take to carry out

11  its mission within the context of the state comprehensive plan

12  and any other statutory mandates and authorizations given to

13  the agency. Each state agency strategic plan must identify

14  infrastructure needs, capital improvement needs, and

15  information resources management projects or initiatives that

16  involve more than one agency, that have an outcome that

17  impacts another agency, or that exceed $500,000 in total cost

18  over a 1-year period, except for those projects that are a

19  continuation of hardware or software maintenance or software

20  licensing agreements, or that are for desktop replacement that

21  is similar to the technology currently in use. Each agency

22  strategic plan shall specify those objectives against which

23  will be judged the agency's achievement of its goals and the

24  goals of the state comprehensive plan. The state agency

25  strategic plan shall be consistent with and shall further the

26  goals of the state comprehensive plan.

27         Section 2.  Subsection (4) of section 216.181, Florida

28  Statutes, is amended to read:

29         216.181  Approved budgets for operations and fixed

30  capital outlay.--

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1         (4)  All amendments to the original approved operating

  2  budgets, regardless of funding source, are subject to the

  3  notice and review procedures set forth in s. 216.177 and must

  4  be approved by the Governor and Administration Commission as

  5  provided in this chapter for the executive branch and the

  6  Chief Justice for the judicial branch if the amendment is for

  7  an information resources management project or initiative that

  8  involves more than one agency, has an outcome that impacts

  9  another agency, or exceeds $500,000 in total cost over a

10  1-year period, except for those projects that are a

11  continuation of hardware or software maintenance or software

12  licensing agreements, or that are for desktop replacement that

13  is similar to the technology currently in use.

14         Section 3.  Subsection (9) of section 186.022, Florida

15  Statutes, is amended to read:

16         186.022  State agency strategic plans; preparation,

17  form, and review.--

18         (8)  Each agency shall submit by September 1 of each

19  year an annual performance report to the Executive Office of

20  the Governor, with copies to the President of the Senate, the

21  Speaker of the House of Representatives, and the Auditor

22  General.  The purpose of this report is to evaluate the

23  attainment of the agency objectives in the agency strategic

24  plan.

25         (9)  By March 1 of each year, the Geographic

26  Information Board, the Financial Management Information Board,

27  the Criminal and Juvenile Justice Information Systems Council,

28  and the Health Information Systems Council shall each develop

29  a strategic plan following the general statutory requirements

30  that are applicable to agencies pursuant to s. 186.021(1),

31  (2), and (3).  The strategic plan shall be subject to the

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  requirements, and the review and approval processes, set forth

  2  in subsections (2) through (8) (7), with the following

  3  exceptions:

  4         (a)  The Executive Office of the Governor, after

  5  consultation with the President of the Senate and the Speaker

  6  of the House of Representatives, may prescribe a specific

  7  format and content for the strategic plans of coordinating

  8  boards and councils.

  9         (b)  The time periods for review and return of any

10  required strategic plan revisions, incorporation of such

11  revisions by the boards or councils, and resolution of

12  disputes shall be established by the Executive Office of the

13  Governor, after consultation with the President of the Senate

14  and the Speaker of the House of Representatives.

15         Section 4.  Subsection (1) of section 282.3063, Florida

16  Statutes, is amended to read:

17         282.3063  Agency Annual Information Resources

18  Management Report.--

19         (1)  By September 1 November 1 of each year, and for

20  the State University System within 90 days after completion of

21  the expenditure analysis developed pursuant to s. 240.271(4),

22  each Chief Information Officer shall prepare and submit to the

23  State Technology Office an Agency Annual Information Resources

24  Management Report.  Following consultation with the State

25  Technology Council and the Chief Information Officers Council,

26  the Executive Office of the Governor and the fiscal committees

27  of the Legislature shall jointly develop and issue

28  instructions for the format and contents of the report.

29         Section 5.  Subsections (1) and (2) of section 282.310,

30  Florida Statutes, are amended to read:

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1         282.310  State Annual Report on Information Resources

  2  Management.--

  3         (1)  By January 15 March 1 of each year, the State

  4  Technology Office shall develop a State Annual Report on

  5  Information Resources Management.

  6         (2)  The State Annual Report on Information Resources

  7  Management shall contain, at a minimum, the following:

  8         (a)  The state vision for information resources

  9  management.

10         (b)  A forecast of the state information resources

11  management priorities and initiatives for the ensuing 2 years.

12         (c)  A summary of major statewide policies recommended

13  by the State Technology Council for information resources

14  management.

15         (d)  A summary of memoranda issued by the Executive

16  Office of the Governor.

17         (e)  An assessment of the overall progress on state

18  information resources management initiatives and priorities

19  for the past fiscal year.

20         (f)  A summary of major statewide issues related to

21  improving information resources management by the state.

22         (g)  An inventory list, by major categories, of state

23  information technology resources.

24         (h)  A summary of the total expenditures for

25  information resources management by each state agency.

26         (i)  A summary of the opportunities for government

27  agencies or entities to share information resources management

28  projects or initiatives with other governmental or private

29  sector entities.

30         (j)  A list of the information resources management

31  issues that have been identified as statewide or critical

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  issues for which the State Technology Council could provide

  2  leadership or assistance.

  3

  4  The state annual report shall also include information

  5  resources management information from the annual reports

  6  prepared by the Board of Regents for the State University

  7  System, from the State Board of Community Colleges for the

  8  State Community College System, from the Supreme Court for the

  9  judicial branch, and from the Justice Administrative

10  Commission on behalf of the each state attorneys attorney and

11  public defenders defender. Expenditure information shall be

12  taken from each agency's annual report as well as the annual

13  reports of the Board of Regents, the State Board of Community

14  Colleges, the Supreme Court, and the Justice Administrative

15  Commission the state attorneys, and the public defenders.

16         Section 6.  Subsection (3) of section 282.3091, Florida

17  Statutes, is amended tor read:

18         282.3091  State Technology Council; creation.--

19         (3)  The council shall be composed of nine members as

20  follows:

21         (a)  The director of the Governor's Office of Planning

22  and Budgeting, who shall serve as chair of the council.

23         (b)  The Comptroller.

24         (c)  The Commissioner of Education.

25         (d)  The Secretary of State.

26         (e)  The secretary of the Department of Management

27  Services.

28         (f)  Two state agency heads appointed by the Governor.

29         (g)  Two private sector representatives, one appointed

30  by the Speaker of the House of Representatives and one

31  appointed by the President of the Senate, who are not current

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  members of the Legislature.  Private sector representatives

  2  shall, at a minimum, have a general knowledge of or experience

  3  in managing information technology resources.  However,

  4  representatives of information technology resource vendors or

  5  any of their subsidiaries that sell products or services to

  6  the state shall not be appointed to serve as a private sector

  7  representative.

  8

  9  Members may appoint designees to serve on their behalf;

10  however, such designees must be in a position that reports

11  directly to the member.

12         Section 7.  Subsections (3), (7), and (8) of section

13  282.404, Florida Statutes, are amended to read:

14         282.404  Geographic information board; definition;

15  membership; creation; duties; advisory council; membership;

16  duties.--

17         (3)  The board consists of the Director of Planning and

18  Budgeting within the Executive Office of the Governor, the

19  executive director of the Game and Fresh Water Fish

20  Commission, the executive director of the Department of

21  Revenue, and the State Cadastral Surveyor, as defined in s.

22  177.503, or their designees, and the heads of the following

23  agencies, or their designees: the Department of Agriculture

24  and Consumer Services, the Department of Community Affairs,

25  the Department of Environmental Protection, the Department of

26  Transportation, and the Board of Professional Surveyors and

27  Mappers. The Governor shall appoint to the board one member

28  each to represent the counties, municipalities, regional

29  planning councils, water management districts, and county

30  property appraisers. The Governor shall initially appoint two

31  members to serve 2-year terms and three members to serve

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  4-year terms. Thereafter, the terms of all appointed members

  2  must be 4 years and the terms must be staggered. Members may

  3  be appointed to successive terms and incumbent members may

  4  continue to serve the board until a new appointment is made.

  5  The chair of the Geographic Information Advisory Council shall

  6  serve without voting rights as an ex officio member on the

  7  board.

  8         (7)  The Geographic Information Advisory Council

  9  consists of one member each from the Office of Planning and

10  Budgeting within the Executive Office of the Governor, the

11  Game and Fresh Water Fish Commission, the Department of

12  Revenue, the Department of Agriculture and Consumer Services,

13  the Department of Community Affairs, the Department of

14  Environmental Protection, the Department of Transportation,

15  the State Cadastral Surveyor, the State Geologist, the Board

16  of Professional Surveyors and Mappers, counties,

17  municipalities, regional planning councils, water management

18  districts, and property appraisers, as appointed by the

19  corresponding member of the board, and the State Geologist.

20  The Governor shall appoint to the council one member each, as

21  recommended by the respective organization, to represent the

22  Department of Commerce, the Department of Children and Family

23  Services, the Department of Health, the Florida Survey and

24  Mapping Society, Florida Region of the American Society of

25  Photogrammetry and Remote Sensing, Florida Association of

26  Cadastral Mappers, the The Florida Association of Professional

27  Geologists, Florida Engineering Society, Florida Chapter of

28  the Urban and Regional Information Systems Association, the

29  forestry industry, the State University System survey and

30  mapping academic research programs, and State University

31  System geographic information systems academic research

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  programs; and two members representing utilities, one from a

  2  regional utility, and one from a local or municipal utility.

  3  These persons must have technical expertise in geographic

  4  information issues. The Governor shall initially appoint six

  5  members to serve 2-year terms and six members to serve 4-year

  6  terms. Thereafter, the terms of all appointed members must be

  7  4 years and must be staggered. Members may be appointed to

  8  successive terms and incumbent members may continue to serve

  9  the council until a successor is appointed. Representatives of

10  the Federal Government may serve as ex officio members without

11  voting rights.

12         (8)  A majority of the membership constitutes a quorum

13  for the conduct of business and shall elect the chair of the

14  advisory council biennially. The council shall meet at least

15  twice a year, and the chair may call meetings as often as

16  necessary to transact business or as directed by the board.

17  The chair, or his or her designee, shall attend all board

18  meetings on behalf of the council. Administrative and clerical

19  support shall be provided by the Department of Management

20  Services.

21         Section 8.  Subsection (2) of section 215.96, Florida

22  Statutes, is amended to read:

23         215.96  Coordinating council and design and

24  coordination staff.--

25         (2)  The coordinating council shall consist of the

26  Comptroller; the Treasurer; the secretary of the Department of

27  Management Services; and the Director of Planning and

28  Budgeting, Executive Office of the Governor, or their

29  designees. The Comptroller, or his or her designee, shall be

30  chair of the coordinating council, and the design and

31  coordination staff shall provide administrative and clerical

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1  support to the council and the board. The design and

  2  coordination staff shall maintain the minutes of each meeting

  3  and shall make such minutes available to any interested

  4  person. The Auditor General, the State Courts Administrator,

  5  an executive officer of the Florida Association of State

  6  Agency Administrative Services Directors, and an executive

  7  officer of the Florida Association of State Budget Officers,

  8  or their designees, shall serve without voting rights as ex

  9  officio members on the coordinating council. The chair may

10  call meetings of the coordinating council as often as

11  necessary to transact business; however, the coordinating

12  council shall meet at least once a year.  Action of the

13  coordinating council shall be by motion, duly made, seconded

14  and passed by a majority of the coordinating council voting in

15  the affirmative for approval of items that are to be

16  recommended for approval to the Financial Management

17  Information Board.

18         Section 9.  This act shall take effect upon becoming a

19  law.

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    Florida Senate - 1998                                   SB 832
    5-877-98                                                See HB




  1            *****************************************

  2                          HOUSE SUMMARY

  3
      With respect to information resources management,
  4    provides that information resources management projects
      that are a continuation of hardware or software
  5    maintenance or software licensing agreements, or that are
      for desktop replacement that is similar to technology
  6    currently in use, are not required to be identified
      within agency strategic plans and are not subject to the
  7    mandatory notice and review requirements for amendments
      to agencies' original approved operating budgets.
  8

  9    Requires the Geographic Information Board, the Financial
      Management Information Board, the Criminal and Juvenile
10    Justice Information Systems Council, and the Health
      Information Systems Council to develop annual performance
11    reports.

12
      Changes the date for submission of the Agency Annual
13    Information Resources Management Report from November 1
      to September 1. Changes the date by which the State
14    Annual Report on Information Resources Management must be
      developed from March 1 to January 15 and requires the
15    inclusion of information resources management information
      from the Justice Administrative Commission's annual
16    report within the report.

17
      Authorizes members of the State Technology Council to
18    appoint designees to serve on their behalf.

19
      Removes the chair of the Geographic Information Advisory
20    Council as a nonvoting ex officio member of the
      Geographic Information Board.  Requires the chair of the
21    Geographic Information Advisory Council to attend all
      meetings of the Geographic Information Board on behalf of
22    the council.

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