HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
                            CHAMBER ACTION
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 5                                           ORIGINAL STAMP BELOW
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11  Representative(s) Hart offered the following:
12  
13         Amendment (with title amendment) 
14  Remove from the bill:  Everything after the enacting clause
15  
16  and insert in lieu thereof:  
17         Section 1.  Paragraph (b) of subsection (2) and
18  subsection (3) of section 20.22, Florida Statutes, are amended
19  to read:
20         20.22  Department of Management Services.--There is
21  created a Department of Management Services.
22         (2)  The following divisions and programs within the
23  Department of Management Services are established:
24         (b)  State Technology Office Information Technology
25  Program.
26         (3)  The State Technology Office Information Technology
27  Program shall operate and manage the Technology Resource
28  Center.
29         Section 2.  Subsection (2) of section 110.205, Florida
30  Statutes, is amended to read:
31         110.205  Career service; exemptions.--
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         (2)  EXEMPT POSITIONS.--The exempt positions which are
 2  not covered by this part include the following, provided that
 3  no position, except for positions established for a limited
 4  period of time pursuant to paragraph (i) (h), shall be
 5  exempted if the position reports to a position in the career
 6  service:
 7         (a)  All officers of the executive branch elected by
 8  popular vote and persons appointed to fill vacancies in such
 9  offices.  Unless otherwise fixed by law, the salary and
10  benefits for any such officer who serves as the head of a
11  department shall be set by the department in accordance with
12  the rules of the Senior Management Service.
13         (b)  All members, officers, and employees of the
14  legislative branch, except for the members, officers, and
15  employees of the Florida Public Service Commission.
16         (c)  All members, officers, and employees of the
17  judicial branch.
18         (d)  All officers and employees of the State University
19  System and the Correctional Education Program within the
20  Department of Corrections, and the academic personnel and
21  academic administrative personnel of the Florida School for
22  the Deaf and the Blind.  In accordance with the provisions of
23  chapter 242, the salaries for academic personnel and academic
24  administrative personnel of the Florida School for the Deaf
25  and the Blind shall be set by the board of trustees for the
26  school, subject only to the approval of the State Board of
27  Education. The salaries for all instructional personnel and
28  all administrative and noninstructional personnel of the
29  Correctional Education Program shall be set by the Department
30  of Corrections, subject to the approval of the Department of
31  Management Services.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         (e)  The Chief Information Officer, deputy chief
 2  information officers, chief technology officers, and deputy
 3  chief technology officers in the State Technology Office.
 4  Unless otherwise fixed by law, the State Technology Office
 5  shall set the salary and benefits of these positions in
 6  accordance with the rules of the Senior Management Service.
 7         (f)(e)  All members of state boards and commissions,
 8  however selected. Unless otherwise fixed by law, the salary
 9  and benefits for any full-time board or commission member
10  shall be set by the department in accordance with the rules of
11  the Senior Management Service.
12         (g)(f)  Judges, referees, and receivers.
13         (h)(g)  Patients or inmates in state institutions.
14         (i)(h)  All positions which are established for a
15  limited period of time for the purpose of conducting a special
16  study, project, or investigation and any person paid from an
17  other-personal-services appropriation.  Unless otherwise fixed
18  by law, the salaries for such positions and persons shall be
19  set in accordance with rules established by the employing
20  agency for other-personal-services payments pursuant to s.
21  110.131.
22         (j)(i)  The appointed secretaries, assistant
23  secretaries, deputy secretaries, and deputy assistant
24  secretaries of all departments; the executive directors,
25  assistant executive directors, deputy executive directors, and
26  deputy assistant executive directors of all departments; and
27  the directors of all divisions and those positions determined
28  by the department to have managerial responsibilities
29  comparable to such positions, which positions include, but are
30  not limited to, program directors, assistant program
31  directors, district administrators, deputy district
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  administrators, the Director of Central Operations Services of
 2  the Department of Children and Family Services, and the State
 3  Transportation Planner, State Highway Engineer, State Public
 4  Transportation Administrator, district secretaries, district
 5  directors of planning and programming, production, and
 6  operations, and the managers of the offices specified in s.
 7  20.23(3)(d)2., of the Department of Transportation.  Unless
 8  otherwise fixed by law, the department shall set the salary
 9  and benefits of these positions in accordance with the rules
10  of the Senior Management Service.
11         (k)(j)  The personal secretary to the incumbent of each
12  position exempted in paragraphs paragraph (a), (e), and (j).
13  and to each appointed secretary, assistant secretary, deputy
14  secretary, executive director, assistant executive director,
15  and deputy executive director of each department under
16  paragraph (i). Unless otherwise fixed by law, the department
17  shall set the salary and benefits of these positions in
18  accordance with the rules of the Selected Exempt Service.
19         (l)(k)  All officers and employees in the office of the
20  Governor, including all employees at the Governor's mansion,
21  and employees within each separate budget entity, as defined
22  in chapter 216, assigned to the Governor. Unless otherwise
23  fixed by law, the salary and benefits of these positions shall
24  be set by the department as follows:
25         1.  The chief of staff, the assistant or deputy chief
26  of staff, general counsel, Director of Legislative Affairs,
27  chief inspector general, Director of Cabinet Affairs, Director
28  of Press Relations, Director of Planning and Budgeting,
29  director of administration, director of state-federal
30  relations, Director of Appointments, Director of External
31  Affairs, Deputy General Counsel, Governor's Liaison for
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  Community Development, Chief of Staff for the Lieutenant
 2  Governor, Deputy Director of Planning and Budgeting, policy
 3  coordinators, and the director of each separate budget entity
 4  shall have their salaries and benefits established by the
 5  department in accordance with the rules of the Senior
 6  Management Service.
 7         2.  The salaries and benefits of positions not
 8  established in sub-subparagraph a. shall be set by the
 9  employing agency. Salaries and benefits of employees whose
10  professional training is comparable to that of licensed
11  professionals under paragraph (r) (q), or whose administrative
12  responsibility is comparable to a bureau chief shall be set by
13  the Selected Exempt Service. The department shall make the
14  comparability determinations. Other employees shall have
15  benefits set comparable to legislative staff, except leave
16  shall be comparable to career service as if career service
17  employees.
18         (m)(l)  All assistant division director, deputy
19  division director, and bureau chief positions in any
20  department, and those positions determined by the department
21  to have managerial responsibilities comparable to such
22  positions, which positions include, but are not limited to,
23  positions in the Department of Health, the Department of
24  Children and Family Services, and the Department of
25  Corrections that are assigned primary duties of serving as the
26  superintendent or assistant superintendent, or warden or
27  assistant warden, of an institution; positions in the
28  Department of Corrections that are assigned primary duties of
29  serving as the circuit administrator or deputy circuit
30  administrator; positions in the Department of Transportation
31  that are assigned primary duties of serving as regional toll
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  managers and managers of offices as defined in s.
 2  20.23(3)(d)3. and (4)(d); positions in the Department of
 3  Environmental Protection that are assigned the duty of an
 4  Environmental Administrator or program administrator; those
 5  positions described in s. 20.171 as included in the Senior
 6  Management Service; and positions in the Department of Health
 7  that are assigned the duties of Environmental Administrator,
 8  Assistant County Health Department Director, and County Health
 9  Department Financial Administrator. Unless otherwise fixed by
10  law, the department shall set the salary and benefits of these
11  positions in accordance with the rules established for the
12  Selected Exempt Service.
13         (n)(m)1.a.  In addition to those positions exempted by
14  other paragraphs of this subsection, each department head may
15  designate a maximum of 20 policymaking or managerial
16  positions, as defined by the department and approved by the
17  Administration Commission, as being exempt from the Career
18  Service System. Career service employees who occupy a position
19  designated as a position in the Selected Exempt Service under
20  this paragraph shall have the right to remain in the Career
21  Service System by opting to serve in a position not exempted
22  by the employing agency. Unless otherwise fixed by law, the
23  department shall set the salary and benefits of these
24  positions in accordance with the rules of the Selected Exempt
25  Service; provided, however, that if the agency head determines
26  that the general counsel, chief Cabinet aide, public
27  information administrator or comparable position for a Cabinet
28  officer, inspector general, or legislative affairs director
29  has both policymaking and managerial responsibilities and if
30  the department determines that any such position has both
31  policymaking and managerial responsibilities, the salary and
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  benefits for each such position shall be established by the
 2  department in accordance with the rules of the Senior
 3  Management Service.
 4         b.  In addition, each department may designate one
 5  additional position in the Senior Management Service if that
 6  position reports directly to the agency head or to a position
 7  in the Senior Management Service and if any additional costs
 8  are absorbed from the existing budget of that department.
 9         2.  If otherwise exempt, employees of the Public
10  Employees Relations Commission, the Commission on Human
11  Relations, and the Unemployment Appeals Commission, upon the
12  certification of their respective commission heads, may be
13  provided for under this paragraph as members of the Senior
14  Management Service, if otherwise qualified.  However, the
15  deputy general counsels of the Public Employees Relations
16  Commission shall be compensated as members of the Selected
17  Exempt Service.
18         (o)(n)  The executive director, deputy executive
19  director, general counsel, official reporters, and division
20  directors within the Public Service Commission and the
21  personal secretary and personal assistant to each member of
22  the Public Service Commission. Unless otherwise fixed by law,
23  the salary and benefits of the executive director, deputy
24  executive directors, general counsel, Director of
25  Administration, Director of Appeals, Director of Auditing and
26  Financial Analysis, Director of Communications, Director of
27  Consumer Affairs, Director of Electric and Gas, Director of
28  Information Processing, Director of Legal Services, Director
29  of Records and Reporting, Director of Research, and Director
30  of Water and Sewer shall be set by the department in
31  accordance with the rules of the Senior Management Service.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  The salary and benefits of the personal secretary and the
 2  personal assistant of each member of the commission and the
 3  official reporters shall be set by the department in
 4  accordance with the rules of the Selected Exempt Service,
 5  notwithstanding any salary limitations imposed by law for the
 6  official reporters.
 7         (p)(o)1.  All military personnel of the Department of
 8  Military Affairs. Unless otherwise fixed by law, the salary
 9  and benefits for such military personnel shall be set by the
10  Department of Military Affairs in accordance with the
11  appropriate military pay schedule.
12         2.  The military police chiefs, military police
13  officers, firefighter trainers, firefighter-rescuers, and
14  electronic security system technicians shall have salary and
15  benefits the same as career service employees.
16         (q)(p)  The staff directors, assistant staff directors,
17  district program managers, district program coordinators,
18  district subdistrict administrators, district administrative
19  services directors, district attorneys, and the Deputy
20  Director of Central Operations Services of the Department of
21  Children and Family Services and the county health department
22  directors and county health department administrators of the
23  Department of Health. Unless otherwise fixed by law, the
24  department shall establish the salary range and benefits for
25  these positions in accordance with the rules of the Selected
26  Exempt Service.
27         (r)(q)  All positions not otherwise exempt under this
28  subsection which require as a prerequisite to employment:
29  licensure as a physician pursuant to chapter 458, licensure as
30  an osteopathic physician pursuant to chapter 459, licensure as
31  a chiropractic physician pursuant to chapter 460, including
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  those positions which are occupied by employees who are
 2  exempted from licensure pursuant to s. 409.352; licensure as
 3  an engineer pursuant to chapter 471, which are supervisory
 4  positions except for such positions in the Department of
 5  Transportation; or for 12 calendar months, which require as a
 6  prerequisite to employment that the employee have received the
 7  degree of Bachelor of Laws or Juris Doctor from a law school
 8  accredited by the American Bar Association and thereafter
 9  membership in The Florida Bar, except for any attorney who
10  serves as an administrative law judge pursuant to s. 120.65 or
11  for hearings conducted pursuant to s. 120.57(1)(a). Unless
12  otherwise fixed by law, the department shall set the salary
13  and benefits for these positions in accordance with the rules
14  established for the Selected Exempt Service.
15         (s)(r)  The statewide prosecutor in charge of the
16  Office of Statewide Prosecution of the Department of Legal
17  Affairs and all employees in the office.  The Department of
18  Legal Affairs shall set the salary of these positions.
19         (t)(s)  The executive director of each board or
20  commission established within the Department of Business and
21  Professional Regulation or the Department of Health. Unless
22  otherwise fixed by law, the department shall establish the
23  salary and benefits for these positions in accordance with the
24  rules established for the Selected Exempt Service.
25         (u)(t)  All officers and employees of the State Board
26  of Administration. The State Board of Administration shall set
27  the salaries and benefits of these positions.
28         (v)(u)  Positions which are leased pursuant to a state
29  employee lease agreement expressly authorized by the
30  Legislature pursuant to s. 110.191.
31         (w)  All managers, supervisors, and confidential
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  employees of the State Technology Office. The State Technology
 2  Office shall set the salaries and benefits of these positions
 3  in accordance with the rules established for the Selected
 4  Exempt Service.
 5         Section 3.  Section 186.022, Florida Statutes, is
 6  amended to read:
 7         186.022  Information technology resource strategic
 8  plans.--By June 1 of each year, the Geographic Information
 9  Board, the Financial Management Information Board, the
10  Criminal and Juvenile Justice Information Systems Council, and
11  the Health Information Systems Council shall each develop and
12  submit to the State Technology Office an information
13  technology resource strategic plan to the Executive Office of
14  the Governor in a form and manner prescribed in written
15  instructions from prepared by the State Technology Office
16  Executive Office of the Governor in consultation with the
17  Executive Office of the Governor and the legislative
18  appropriations committees. The State Technology Office
19  Executive Office of the Governor shall review each such the
20  strategic plan and may provide comments within 30 days. In its
21  review, the Executive Office of the Governor shall determine
22  consider all comments and findings of the Technology Review
23  Workgroup as to whether each such the plan is consistent with
24  the State Annual Report on Enterprise Resource Planning and
25  Information Resources Management and statewide policies
26  adopted by the State Technology Office, and by July 1 of each
27  year shall develop and transmit to each such board and council
28  a written expression of its findings, conclusions, and
29  required changes, if any, with respect to each such strategic
30  plan recommended by the State Technology Council. If any
31  change to any such strategic plan is revisions are required,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  each affected board boards and council shall revise its
 2  strategic plan to the extent necessary to incorporate such
 3  required changes councils have 30 days to incorporate those
 4  revisions and shall resubmit its strategic return the plan to
 5  the State Technology Office for final approval and acceptance
 6  Executive Office of the Governor.
 7         Section 4.  Subsection (4) of section 216.013, Florida
 8  Statutes, is amended to read:
 9         216.013  Long-range program plan.--
10         (4)  The Executive Office of the Governor shall review
11  the long-range program plans for executive agencies to ensure
12  that they are consistent with the state's goals and objectives
13  and other requirements as specified in the written
14  instructions and that they provide the framework and context
15  for the agency's budget request. In its review, the Executive
16  Office of the Governor shall consider the findings of the
17  State Technology Office Technology Review Workgroup as to the
18  consistency of the information technology portion of
19  long-range program plans with the State Annual Report on
20  Enterprise Resource Planning and Information Resources
21  Management and statewide policies adopted recommended by the
22  State Technology Office Council and the state's plan for
23  facility needs pursuant to s. 216.0158. Based on the results
24  of the review, the Executive Office of the Governor may
25  require an agency to revise the plan.
26         Section 5.  Section 216.0446, Florida Statutes, is
27  amended to read:
28         216.0446  Review of information resources management
29  needs.--
30         (1)  There is created within the Legislature the
31  Technology Review Workgroup. The State Technology Office
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  workgroup shall review and make recommendations with respect
 2  to the portion of agencies' long-range program plans which
 3  pertains to information resources management needs and with
 4  respect to agencies' legislative budget requests for
 5  information technology and related resources management. The
 6  State Technology Office Technology Review Workgroup shall
 7  report such recommendations, together with the findings and
 8  conclusions on which such recommendations are based, be
 9  responsible to the Executive Office of the Governor and the
10  chairs of the legislative appropriations committees.
11         (2)  In addition to the powers and duties otherwise
12  provided by law, the State Technology Office its primary duty
13  specified in subsection (1), the Technology Review Workgroup
14  shall have powers and duties that include, but are not limited
15  to, the following:
16         (a)  To evaluate the information resource management
17  needs identified in the agency long-range program plans for
18  consistency with the State Annual Report on Enterprise
19  Resource Planning and Information Resources Management and
20  statewide policies adopted recommended by the State Technology
21  Office Council, and make recommendations to the Executive
22  Office of the Governor and the chairs of the legislative
23  appropriations committees.
24         (b)  To review and make recommendations to the
25  Executive Office of the Governor and to the chairs of the
26  legislative appropriations committees on proposed budget
27  amendments and agency transfers associated with information
28  technology resources management initiatives or projects that
29  involve more than one agency, that have an outcome that
30  impacts another agency, or that exceed $500,000 in total cost
31  over a 1-year period.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         Section 6.  Subsection (5) of section 216.181, Florida
 2  Statutes, is amended to read:
 3         216.181  Approved budgets for operations and fixed
 4  capital outlay.--
 5         (5)  An amendment to the original approved operating
 6  budget for an information technology project or initiative
 7  which requires review as provided in s. 216.181 resources
 8  management project or initiative that involves more than one
 9  agency, has an outcome that impacts another agency, or exceeds
10  $500,000 in total cost over a 1-year period, except for those
11  projects that are a continuation of hardware or software
12  maintenance or software licensing agreements, or that are for
13  desktop replacement that is similar to the technology
14  currently in use must be reviewed by the State Technology
15  Office Technology Review Workgroup pursuant to s. 216.0466.
16  This excludes items submitted by the State Technology Office
17  for review and approval according to the provisions of this
18  section. and approved by the Executive Office of the Governor
19  for the executive branch or by the Chief Justice for the
20  judicial branch, and shall be subject to the notice and review
21  procedures set forth in s. 216.177.
22         Section 7.  Section 216.235, Florida Statutes, is
23  amended to read:
24         216.235  Innovation Investment Program; intent;
25  definitions; composition and responsibilities of State
26  Innovation Committee; responsibilities of the Office of
27  Tourism, Trade, and Economic Development Department of
28  Management Services, the Information Resource Commission, and
29  the review board; procedures for innovative project
30  submission, review, evaluation, and approval; criteria to be
31  considered.--
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         (1)  This section shall be cited as the "Innovation
 2  Investment Program Act."
 3         (2)  The Legislature finds that each state agency
 4  should be encouraged to pursue innovative investment projects
 5  which demonstrate a novel, creative, and entrepreneurial
 6  approach to conducting the agency's normal business processes;
 7  effectuate a significant change in the accomplishment of the
 8  agency's activities; address an important problem of public
 9  concern; and have the potential of being replicated by other
10  state agencies. The Legislature further finds that investment
11  in innovation can produce longer-term savings and that funds
12  for such investment should be available to assist agencies in
13  investing in innovations that produce a cost savings to the
14  state or improve the quality of services delivered. The
15  Legislature also finds that any eligible savings realized as a
16  result of investment in innovation should be available for
17  future investment in innovation.
18         (3)  For purposes of this section:
19         (a)  "Agency" means an official, officer, commission,
20  authority, council, committee, department, division, bureau,
21  board, section, or other unit or entity of the executive
22  branch.
23         (b)  "Commission" means the Information Resource
24  Commission.
25         (c)  "Committee" means the State Innovation Committee.
26         (d)  "Office" means the Office of Tourism, Trade, and
27  Economic Development within the Executive Office of the
28  Governor. "Department" means the Department of Management
29  Services.
30         (e)  "Review board" means a nonpartisan board composed
31  of private citizens and public employees who evaluate the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  projects and make funding recommendations to the committee.
 2         (4)  There is hereby created the State Innovation
 3  Committee, which shall have final approval authority as to
 4  which innovative investment projects submitted under this
 5  section shall be funded. Such committee shall be comprised of
 6  seven five members. Appointed members shall serve terms of 1
 7  year and may be reappointed. The committee shall include:
 8         (a)  The Lieutenant Governor.
 9         (b)  The director of the Governor's Office of Planning
10  and Budgeting.
11         (c)  The Chief Information Officer in the State
12  Technology Office.
13         (d)(c)  The Comptroller.
14         (e)(d)  One representative of the private sector
15  appointed by the Commission on Government Accountability to
16  the People.
17         (f)(e)  The director of the Office of Tourism, Trade,
18  and Economic Development. One representative appointed by
19  Enterprise Florida, Inc.
20         (g)  The Chair of IT Florida.com, Inc.
21  
22  The Secretary of Management Services shall serve as an
23  alternate in the event a member is unable to attend the
24  committee meeting.
25         (5)  Agencies shall submit proposed innovative
26  investment projects to the Office of Tourism, Trade, and
27  Economic Development department by a date established and in
28  the format prescribed by the office department. Such
29  innovative investment project proposals shall include, but not
30  be limited to:
31         (a)  The identification of a specific innovative
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  investment project.
 2         (b)  The name of the agency's innovative investment
 3  project administrator.
 4         (c)  A cost/benefit analysis which is a financial
 5  summary of how the innovative investment project will produce
 6  a cost savings for the agency or improve the quality of the
 7  public services delivered by the agency. The analysis shall
 8  include a breakdown of each project cost category, including,
 9  but not limited to:  the costs associated with hiring of
10  other-personal-services staff, re-engineering efforts,
11  purchase of equipment, maintenance agreements, training,
12  consulting services, travel, acquisition of information
13  technology resources; any monetary or in-kind contributions
14  made by the agency, another public entity, or the private
15  sector; and available baseline data, performance measures, and
16  outcomes as defined in s. 216.011(1).
17         (d)  The approval of the agency head, the agency's
18  budget director, the agency's inspector general or internal
19  auditor, and, if the innovative investment project involves
20  information technology resources, the information resource
21  manager.
22         (6)  Any agency developing an innovative investment
23  project proposal that involves information technology
24  resources may consult with and seek technical assistance from
25  the commission. The office department shall consult with the
26  commission for any project proposal that involves information
27  resource technology. The commission is responsible for
28  evaluating these projects and for advising the committee and
29  review board of the technical feasibility and any transferable
30  benefits of the proposed technology. In addition to the
31  requirements of subsection (5), the agencies shall provide to
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  the commission any information requested by the commission to
 2  aid in determining that the proposed technology is appropriate
 3  for the project's success.
 4         (7)  The office department shall select a review board
 5  composed of private and public members. Terms of review board
 6  members shall be for 1 year beginning on a date established by
 7  the office department. Review board members may serve more
 8  than one term. The board shall evaluate innovative investment
 9  projects and shall make recommendations to the committee as to
10  which innovative projects should be considered for funding.
11         (8)  When evaluating projects, the committee and the
12  review board shall consider whether the innovative investment
13  project meets the following criteria:
14         (a)  Increases the quality of public services by the
15  agency.
16         (b)  Reduces costs for the agency.
17         (c)  Involves a cooperative effort with another public
18  entity or the private sector.
19         (d)  Reduces the need for hiring additional employees
20  or avoids other operating costs incurred by the agency in the
21  future.
22         (9)  The committee shall allocate funds based on a
23  competitive evaluation process and award funds to agencies for
24  innovative investment projects demonstrating quantifiable
25  savings to the state, or improved customer service delivery.
26         (10)  The awarded agency shall monitor and evaluate the
27  projects to determine if the anticipated results were
28  achieved.
29         (11)  Funds appropriated for the Innovation Investment
30  Program shall be distributed by the Executive Office of the
31  Governor subject to notice, review, and objection procedures
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  set forth in s. 216.177. The office department may transfer
 2  funds from the annual appropriation as necessary to administer
 3  the program.
 4         Section 8.  Paragraph (c) is added to subsection (1) of
 5  section 216.292, Florida Statutes, to read:
 6         216.292  Appropriations nontransferable; exceptions.--
 7         (1)
 8         (c)  Notwithstanding any other provision of this
 9  section or the provisions of s. 216.351, for fiscal year
10  2001-2002, state agencies may transfer positions and
11  appropriations as necessary to comply with any provision of
12  the General Appropriations Act, or any other provision of law,
13  that requires or specifically authorizes the transfer of
14  positions and appropriations in the consolidation of
15  information technology resources to the State Technology
16  Office.
17         Section 9.  Section 282.005, Florida Statutes, is
18  amended to read:
19         282.005  Legislative findings and intent.--The
20  Legislature finds that:
21         (1)  Information is a strategic asset of the state,
22  and, as such, it should be managed as a valuable state
23  resource.
24         (2)  The state makes significant investments in
25  information technology resources in order to manage
26  information and to provide services to its citizens.
27         (3)  An office must be created to provide support and
28  guidance to enhance the state's use and management of
29  information technology resources and to design, procure, and
30  deploy, on behalf of the state, information technology
31  resources.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         (4)  The cost-effective deployment of information
 2  technology and information resources by state agencies can
 3  best be managed by a Chief Information Officer.
 4         (5)  The head of each state agency, in consultation
 5  with The State Technology Office, has primary responsibility
 6  and accountability for the planning, budgeting, acquisition,
 7  development, implementation, use, and management of
 8  information technology resources within the state agency. The
 9  State Technology Office shall use the state's information
10  technology in the best interest of the state as a whole and
11  shall contribute to and make use of shared data and related
12  resources whenever appropriate. Each agency head has primary
13  responsibility and accountability for setting agency
14  priorities, identifying business needs, and determining agency
15  services and programs to be developed as provided by law. The
16  State Technology Office, through service level agreements with
17  each agency, shall provide the information technology needed
18  for the agency to accomplish its mission.
19         (6)  The expanding need for, use of, and dependence on
20  information technology resources requires focused management
21  attention and managerial accountability by state agencies and
22  the state as a whole.
23         (7)  The agency head, in consultation with the State
24  Technology Office, has primary responsibility for the agency's
25  information technology resources and for their use in
26  accomplishing the agency's mission.  However, each agency
27  shall also use its information technology resources in the
28  best interests of the state as a whole and thus contribute to
29  and make use of shared data and related resources whenever
30  appropriate.
31         (7)(8)  The state, through the State Technology Office,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  shall provide, by whatever means is most cost-effective and
 2  efficient, the information technology, enterprise resource
 3  planning and management, and enterprise resource management
 4  infrastructure the information resources management
 5  infrastructure needed to collect, store, and process the
 6  state's data and information, provide connectivity, and
 7  facilitate the exchange of data and information among both
 8  public and private parties.
 9         (8)(9)  A necessary part of the state's information
10  technology resources management infrastructure is a statewide
11  communications system for all types of signals, including, but
12  not limited to, voice, data, video, radio, telephone,
13  wireless, and image.
14         (9)(10)  To ensure the best management of the state's
15  information technology resources, and notwithstanding other
16  provisions of law to the contrary, the functions of
17  information technology resources management are hereby
18  assigned to the Board of Regents as the agency responsible for
19  the development and implementation of policy, planning,
20  management, rulemaking, standards, and guidelines for the
21  State University System; to the State Board of Community
22  Colleges as the agency responsible for establishing and
23  developing rules and policies for the Florida Community
24  College System; to the Supreme Court, for the judicial branch;
25  to each state attorney and public defender; and to the State
26  Technology Office for the executive branch of state
27  government.
28         (10)  The State Technology Office shall take no action
29  affecting the supervision, control, management or coordination
30  of information technology and information technology
31  personnel, that any cabinet officer listed in s. 4 Art. IV of
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  the State Constitution deems necessary for the exercise of his
 2  or her statutory or constitutional duties.
 3         (11)  Notwithstanding anything to the contrary
 4  contained in this act, the State Technology Office shall take
 5  no action affecting the supervision or control of the
 6  personnel or data processing equipment that the Comptroller
 7  deems necessary for the exercise of his or her official
 8  constitutional duties as set forth in s. 4(d) and (e), Art. IV
 9  of the State Constitution.
10         (12)  Notwithstanding anything to the contrary
11  contained in this act, the State Technology Office shall take
12  no action affecting the supervision and control of the
13  personnel or data processing equipment which the Attorney
14  General deems necessary for the exercise of his or her
15  official constitutional duties as set forth in s. 4(c), Art.
16  IV of the State Constitution.
17         Section 10.  Section 282.303, Florida Statutes, is
18  renumbered as section 282.0041, Florida Statutes, and amended
19  to read:
20         282.0041 282.303  Definitions.--For the purposes of
21  this part ss. 282.303-282.322, the term:
22         (1)  "Agency" means those entities described in s.
23  216.011(1)(qq)(mm).
24         (2)(8)  "Agency Annual Enterprise Resource Planning and
25  Management Report" means the report prepared by each Agency
26  the Chief Information Officer of each agency as required by s.
27  282.3063.
28         (3)(2)  "Agency Chief Information Officer" means the
29  person appointed by the agency head, in consultation with the
30  State Technology Office, to coordinate and manage the
31  information technology resources management policies and
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  activities applicable to within that agency.
 2         (4)(3)  "Agency Chief Information Officers Council"
 3  means the council created in s. 282.315 to facilitate the
 4  sharing and coordination of information technology resources
 5  management issues and initiatives among the agencies.
 6         (5)(13)  "Enterprise resources management
 7  infrastructure" means the hardware, software, networks, data,
 8  human resources, policies, standards, and facilities,
 9  maintenance, and related materials and services that are
10  required to support the business processes of an agency or
11  state enterprise.
12         (5)  "Information technology hardware" means equipment
13  designed for the automated storage, manipulation, and
14  retrieval of data, voice or video, by electronic or mechanical
15  means, or both, and includes, but is not limited to, central
16  processing units, front-end processing units, including
17  miniprocessors and microprocessors, and related peripheral
18  equipment such as data storage devices, document scanners,
19  data entry, terminal controllers and data terminal equipment,
20  word processing systems, equipment and systems for computer
21  networks, personal communication devices, and wireless
22  equipment.
23         (6)(11)  "Enterprise resource planning and management"
24  means the planning, budgeting, acquiring, developing,
25  organizing, directing, training, and control, and related
26  services associated with government information technology
27  resources. The term encompasses information and related
28  resources, as well as the controls associated with their
29  acquisition, development, dissemination, and use.
30         (7)  "Information technology" means equipment,
31  hardware, software, firmware, programs, systems, networks,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  infrastructure, media, and related material used to
 2  automatically, electronically, and wirelessly collect,
 3  receive, access, transmit, display, store, record, retrieve,
 4  analyze, evaluate, process, classify, manipulate, manage,
 5  assimilate, control, communicate, exchange, convert, converge,
 6  interface, switch, or disseminate information of any kind or
 7  form.
 8         (6)  "Information technology services" means all
 9  services that include, but are not limited to, feasibility
10  studies, systems design, software development, enterprise
11  resource planning, application service provision, consulting,
12  or time-sharing services.
13         (7)  "Data processing software" means the programs and
14  routines used to employ and control the capabilities of data
15  processing hardware, including, but not limited to, operating
16  systems, compilers, assemblers, utilities, library routines,
17  maintenance routines, applications, and computer networking
18  programs.
19         (8)(10)  "Project" means an undertaking directed at the
20  accomplishment of a strategic objective relating to enterprise
21  resources management or a specific appropriated program.
22         (9)  "State Annual Report on Enterprise Resource
23  Planning and Management" means the report prepared by the
24  State Technology Office as defined in s. 282.3093.
25         (10)(16)  "Standards" means the use of current, open,
26  nonproprietary, or non-vendor-specific technologies.
27         (11)(4)  "State Technology Office" or "office" means
28  the office created in s. 282.102 to support and coordinate
29  cost-effective deployment of technology and information
30  resources and services across state government.
31         (12)(15)  "Total cost" means all costs associated with
                                  23
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  information technology resources management projects or
 2  initiatives, including, but not limited to, value of hardware,
 3  software, service, maintenance, incremental personnel, and
 4  facilities.  Total cost of a loan or gift of information
 5  technology resources to an agency includes the fair market
 6  value of the resources, except that the total cost of loans or
 7  gifts of information technology resources to state
 8  universities to be used in instruction or research does not
 9  include fair market value.
10         (12)  "Information technology resources" means data
11  processing hardware and software and services, communications,
12  supplies, personnel, facility resources, maintenance, and
13  training.
14         (14)  "Technology Review Workgroup" means the workgroup
15  created in s. 216.0446 to review and make recommendations on
16  agencies' information resources management planning and
17  budgeting proposals.
18         Section 11.  Section 282.102, Florida Statutes, is
19  amended to read:
20         282.102  Creation of the State Technology Office;
21  powers and duties of the State Technology Office of the
22  Department of Management Services.--There is created a State
23  Technology Office, administratively placed within the
24  Department of Management Services. The office shall be a
25  separate budget entity, and which shall be headed by a Chief
26  Information Officer who is appointed by the Governor and is in
27  the Senior Management Service. The Chief Information Officer
28  shall be an agency head for all purposes.  The Department of
29  Management Services shall provide administrative support and
30  service to the office to the extent requested by the Chief
31  Information Officer.  The office may adopt policies and
                                  24
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  procedures regarding personnel, procurement, and transactions
 2  for State Technology Office personnel.  The office shall have
 3  the following powers, duties, and functions:
 4         (1)  To publish electronically the portfolio of
 5  services available from the office, including pricing
 6  information; the policies and procedures of the office
 7  governing usage of available services; and a forecast of the
 8  priorities and initiatives for the state communications system
 9  for the ensuing 2 years. The office shall provide a hard copy
10  of its portfolio of services upon request.
11         (2)  To adopt rules implementing policies and
12  procedures providing best practices to be followed by agencies
13  in acquiring, using, upgrading, modifying, replacing, or
14  disposing of information technology. To coordinate the
15  purchase, lease, and use of all information technology
16  services for state agencies, including communications services
17  provided as part of any other total system to be used by the
18  state or any of its agencies.
19         (3)  To perform, in consultation with an agency, the
20  enterprise resource planning and management for the agency.
21         (4)(3)  To advise and render aid to state agencies and
22  political subdivisions of the state as to systems or methods
23  to be used for organizing and meeting information technology
24  requirements efficiently and effectively.
25         (5)(4)  To integrate the information technology systems
26  and services of state agencies.
27         (6)(5)  To adopt technical standards for the state
28  information technology system which will assure the
29  interconnection of computer networks and information systems
30  of state agencies.
31         (7)(6)  To assume management responsibility for any
                                  25
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  integrated information technology system or service when
 2  determined by the office to be economically efficient or
 3  performance-effective.
 4         (8)(7)  To enter into agreements related to for the
 5  support and use of the information technology with services of
 6  state agencies and of political subdivisions of the state.
 7         (9)(8)  To use and or acquire, with agency concurrence,
 8  information technology facilities now owned or operated by any
 9  state agency.
10         (9)  To standardize policies and procedures for the use
11  of such services.
12         (10)  To purchase from or contract with information
13  technology providers for information technology facilities or
14  services, including private line services.
15         (11)  To apply for, receive, and hold, and to or assist
16  agencies in applying for, receiving, or holding, such
17  authorizations, patents, copyrights, trademarks, service
18  marks, licenses, and allocations or channels and frequencies
19  to carry out the purposes of this part ss. 282.101-282.109.
20         (12)  To purchase, lease, or otherwise acquire and to
21  hold, sell, transfer, license, or otherwise dispose of real,
22  personal estate, equipment, and intellectual other property,
23  including, but not limited to, patents, trademarks,
24  copyrights, and service marks.
25         (13)  To cooperate with any federal, state, or local
26  emergency management agency in providing for emergency
27  communications services.
28         (14)  To delegate, as necessary, to state agencies the
29  authority to purchase, lease, or otherwise acquire and to use
30  powers of acquisition and utilization of information
31  technology equipment, facilities, and services or, as
                                  26
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  necessary, to control and approve the purchase, lease, or
 2  acquisition and the use of all information technology
 3  equipment, services, and facilities, including, but not
 4  limited to, communications services provided as part of any
 5  other total system to be used by the state or any of its
 6  agencies.
 7         (15)  To acquire take ownership, possession, custody,
 8  and control of existing communications equipment and
 9  facilities, with agency concurrence, including all right,
10  title, interest, and equity therein, as necessary, to carry
11  out the purposes of this part ss. 282.101-282.109.  However,
12  the provisions of this subsection shall in no way affect the
13  rights, title, interest, or equity in any such equipment or
14  facilities owned by, or leased to, the state or any state
15  agency by any telecommunications company.
16         (16)  To adopt rules pursuant to ss. 120.536(1) and
17  120.54 relating to information technology and to administer
18  the provisions of this part.
19         (17)  To provide a means whereby political subdivisions
20  of the state may use the state information technology systems
21  system upon such terms and under such conditions as the office
22  may establish.
23         (18)  To apply for and accept federal funds for any of
24  the purposes of this part ss. 282.101-282.109 as well as gifts
25  and donations from individuals, foundations, and private
26  organizations.
27         (19)  To monitor issues relating to communications
28  facilities and services before the Florida Public Service
29  Commission and, when necessary, prepare position papers,
30  prepare testimony, appear as a witness, and retain witnesses
31  on behalf of state agencies in proceedings before the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  commission.
 2         (20)  Unless delegated to the agencies by the Chief
 3  Information Officer, to manage and control, but not intercept
 4  or interpret, communications within the SUNCOM Network by:
 5         (a)  Establishing technical standards to physically
 6  interface with the SUNCOM Network.
 7         (b)  Specifying how communications are transmitted
 8  within the SUNCOM Network.
 9         (c)  Controlling the routing of communications within
10  the SUNCOM Network.
11         (d)  Establishing standards, policies, and procedures
12  for access to the SUNCOM Network.
13         (e)  Ensuring orderly and reliable communications
14  services in accordance with the standards and policies of all
15  state agencies and the service level agreements executed with
16  state agencies.
17         (21)  To plan, design, and conduct experiments for
18  information technology services, equipment, and technologies,
19  and to implement enhancements in the state information
20  technology system when in the public interest and
21  cost-effective.  Funding for such experiments shall be derived
22  from SUNCOM Network service revenues and shall not exceed 2
23  percent of the annual budget for the SUNCOM Network for any
24  fiscal year or as provided in the General Appropriations Act
25  for fiscal year 2000-2001.  New services offered as a result
26  of this subsection shall not affect existing rates for
27  facilities or services.
28         (22)  To enter into contracts or agreements, with or
29  without competitive bidding or procurement, to make available,
30  on a fair, reasonable, and nondiscriminatory basis, property
31  and other structures under office control for the placement of
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  new facilities by any wireless provider of mobile service as
 2  defined in 47 U.S.C. s. 153(n) or s. 332(d) and any
 3  telecommunications company as defined in s. 364.02 when it is
 4  determined to be practical and feasible to make such property
 5  or other structures available. The office may, without
 6  adopting a rule, charge a just, reasonable, and
 7  nondiscriminatory fee for the placement of the facilities,
 8  payable annually, based on the fair market value of space used
 9  by comparable communications facilities in the state. The
10  office and a wireless provider or telecommunications company
11  may negotiate the reduction or elimination of a fee in
12  consideration of services provided to the office by the
13  wireless provider or telecommunications company. All such fees
14  collected by the office shall be deposited directly into the
15  State Agency Law Enforcement Radio Operating System Trust
16  Fund, and may be used by the office to construct, maintain, or
17  support the system.
18         (23)  To provide an integrated electronic system for
19  deploying government products, services, and information to
20  individuals and businesses.
21         (a)  The integrated electronic system shall reflect
22  cost-effective deployment strategies in keeping with industry
23  standards and practices, including protections and of security
24  of private information as well as maintenance of public
25  records.
26         (b)  The office shall provide a method for assessing
27  fiscal accountability for the integrated electronic system and
28  shall establish the organizational structure required to
29  implement this system.
30         (24)  To provide administrative support to the Agency
31  Chief Information Officers Council and other workgroups
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  created by the Chief Information Officer.
 2         (25)  To facilitate state information technology
 3  education and training for senior management and other agency
 4  staff.
 5         (26)  To prepare, on behalf of the Executive Office of
 6  the Governor, memoranda on recommended guidelines and best
 7  practices for information resources management, when
 8  requested.
 9         (27)  To prepare, publish, and disseminate the State
10  Annual Report on Enterprise Resource Planning and Management
11  under s. 282.310.
12         (28)  To study and make a recommendation to the
13  Governor and Legislature on the feasibility of implementing
14  online voting in this state.
15         (29)  To facilitate the development of a network access
16  point in this state, as needed.
17         (30)  To designate a State Chief Privacy Officer who
18  shall be responsible for the continual review of policies,
19  laws, rules, and practices of state agencies which may affect
20  the privacy concerns of state residents.
21         Section 12.  Section 282.103, Florida Statutes, is
22  amended to read:
23         282.103  SUNCOM Network; exemptions from the required
24  use.--
25         (1)  There is created within the State Technology
26  Office of the Department of Management Services the SUNCOM
27  Network which shall be developed to serve as the state
28  communications system for providing local and long-distance
29  communications services to state agencies, political
30  subdivisions of the state, municipalities, and nonprofit
31  corporations pursuant to ss. 282.101-282.111. The SUNCOM
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  Network shall be developed to transmit all types of
 2  communications signals, including, but not limited to, voice,
 3  data, video, image, and radio. State agencies shall cooperate
 4  and assist in the development and joint use of communications
 5  systems and services.
 6         (2)  The State Technology Office of the Department of
 7  Management Services shall design, engineer, implement, manage,
 8  and operate through state ownership, commercial leasing, or
 9  some combination thereof, the facilities and equipment
10  providing SUNCOM Network services, and shall develop a system
11  of equitable billings and charges for communication services.
12         (3)  All state agencies are required to use the SUNCOM
13  Network for agency communications services as the services
14  become available; however, no agency is relieved of
15  responsibility for maintaining communications services
16  necessary for effective management of its programs and
17  functions.  If a SUNCOM Network service does not meet the
18  communications requirements of an agency, the agency shall
19  notify the State Technology Office of the Department of
20  Management Services in writing and detail the requirements for
21  that communications service.  If the office is unable to meet
22  an agency's requirements by enhancing SUNCOM Network service,
23  the office may shall grant the agency an exemption from the
24  required use of specified SUNCOM Network services.
25         Section 13.  Section 282.104, Florida Statutes, is
26  amended to read:
27         282.104  Use of state SUNCOM Network by
28  municipalities.--Any municipality may request the State
29  Technology Office of the Department of Management Services to
30  provide any or all of the SUNCOM Network's portfolio of
31  communications services upon such terms and under such
                                  31
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  conditions as the office department may establish. The
 2  requesting municipality shall pay its share of installation
 3  and recurring costs according to the published rates for
 4  SUNCOM Network services and as invoiced by the office. Such
 5  municipality shall also pay for any requested modifications to
 6  existing SUNCOM Network services, if any charges apply.
 7         Section 14.  Subsection (1) of section 282.105, Florida
 8  Statutes, is amended to read:
 9         282.105  Use of state SUNCOM Network by nonprofit
10  corporations.--
11         (1)  The State Technology Office of the Department of
12  Management Services shall provide a means whereby private
13  nonprofit corporations under contract with state agencies or
14  political subdivisions of the state may use the state SUNCOM
15  Network, subject to the limitations in this section.  In order
16  to qualify to use the state SUNCOM Network, a nonprofit
17  corporation shall:
18         (a)  Expend the majority of its total direct revenues
19  for the provision of contractual services to the state, a
20  municipality, or a political subdivision of the state; and
21         (b)  Receive only a small portion of its total revenues
22  from any source other than a state agency, a municipality, or
23  a political subdivision of the state during the period of time
24  SUNCOM Network services are requested.
25         Section 15.  Section 282.106, Florida Statutes, is
26  amended to read:
27         282.106  Use of SUNCOM Network by libraries.--The State
28  Technology Office of the Department of Management Services may
29  provide SUNCOM Network services to any library in the state,
30  including libraries in public schools, community colleges, the
31  State University System, and nonprofit private postsecondary
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  educational institutions, and libraries owned and operated by
 2  municipalities and political subdivisions.
 3         Section 16.  Subsection (1), paragraphs (f) and (g) of
 4  subsection (2), and subsections (3), (4), and (5) of section
 5  282.1095, Florida Statutes, are amended to read:
 6         282.1095  State agency law enforcement radio system.--
 7         (1)  The State Technology Office of the Department of
 8  Management Services may acquire and implement a statewide
 9  radio communications system to serve law enforcement units of
10  state agencies, and to serve local law enforcement agencies
11  through a mutual aid channel. The Joint Task Force on State
12  Agency Law Enforcement Communications is established in the
13  State Technology Office of the Department of Management
14  Services to advise the office of member-agency needs for the
15  planning, designing, and establishment of the joint system.
16  The State Agency Law Enforcement Radio System Trust Fund is
17  established in the State Technology Office of the Department
18  of Management Services. The trust fund shall be funded from
19  surcharges collected under ss. 320.0802 and 328.72.
20         (2)
21         (f)  The State Technology Office of the Department of
22  Management Services is hereby authorized to rent or lease
23  space on any tower under its control. The office may also
24  rent, lease, or sublease ground space as necessary to locate
25  equipment to support antennae on the towers.  The costs for
26  use of such space shall be established by the office for each
27  site, when it is determined to be practicable and feasible to
28  make space available. The office may refuse to lease space on
29  any tower at any site.  All moneys collected by the office for
30  such rents, leases, and subleases shall be deposited directly
31  into the State Agency Law Enforcement Radio Operating System
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  Trust Fund and may be used by the office to construct,
 2  maintain, or support the system.
 3         (g)  The State Technology Office of the Department of
 4  Management Services is hereby authorized to rent, lease, or
 5  sublease ground space on lands acquired by the office for the
 6  construction of privately owned or publicly owned towers. The
 7  office may, as a part of such rental, lease, or sublease
 8  agreement, require space on said tower or towers for antennae
 9  as may be necessary for the construction and operation of the
10  state agency law enforcement radio system or any other state
11  need. The positions necessary for the office to accomplish its
12  duties under this paragraph and paragraph (f) shall be
13  established in the General Appropriations Act and shall be
14  funded by the State Agency Law Enforcement Radio Operating
15  System Trust Fund.
16         (3)  Upon appropriation, moneys in the trust fund may
17  be used by the office to acquire by competitive procurement
18  the equipment; software; and engineering, administrative, and
19  maintenance services it needs to construct, operate, and
20  maintain the statewide radio system.  Moneys in the trust fund
21  collected as a result of the surcharges set forth in ss.
22  320.0802 and 328.72 shall be used to help fund the costs of
23  the system.  Upon completion of the system, moneys in the
24  trust fund may also be used by the office to provide for
25  payment of the recurring maintenance costs of the system.
26  Moneys in the trust fund may be appropriated to maintain and
27  enhance, over and above existing agency budgets, existing
28  radio equipment systems of the state agencies represented by
29  the task force members, in an amount not to exceed 10 percent
30  per year per agency, of the existing radio equipment inventory
31  until the existing radio equipment can be replaced pursuant to
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  implementation of the statewide radio communications system.
 2         (4)(a)  The office joint task force shall establish
 3  policies, procedures, and standards which shall be
 4  incorporated into a comprehensive management plan for the use
 5  and operation of the statewide radio communications system.
 6         (b)  The joint task force, in consultation with the
 7  office, shall have the authority to permit other state
 8  agencies to use the communications system, under terms and
 9  conditions established by the joint task force.
10         (5)(a)  The State Technology office of the Department
11  of Management Services shall provide technical support to the
12  joint task force and shall bear the overall responsibility for
13  the design, engineering, acquisition, and implementation of
14  the statewide radio communications system and for ensuring the
15  proper operation and maintenance of all system common
16  equipment.
17         (b)  The positions necessary for the office to
18  accomplish its duties under this section shall be established
19  through the budgetary process and shall be funded by the State
20  Agency Law Enforcement Radio System Trust Fund.
21         Section 17.  Section 282.111, Florida Statutes, is
22  amended to read:
23         282.111  Statewide system of regional law enforcement
24  communications.--
25         (1)  It is the intent and purpose of the Legislature
26  that a statewide system of regional law enforcement
27  communications be developed whereby maximum efficiency in the
28  use of existing radio channels is achieved in order to deal
29  more effectively with the apprehension of criminals and the
30  prevention of crime generally.  To this end, all law
31  enforcement agencies within the state are directed to provide
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  the State Technology Office of the Department of Management
 2  Services with any information the office requests for the
 3  purpose of implementing the provisions of subsection (2).
 4         (2)  The State Technology Office of the Department of
 5  Management Services is hereby authorized and directed to
 6  develop and maintain a statewide system of regional law
 7  enforcement communications.  In formulating such a system, the
 8  office shall divide the state into appropriate regions and
 9  shall develop a program which shall include, but not be
10  limited to, the following provisions:
11         (a)  The communications requirements for each county
12  and municipality comprising the region.
13         (b)  An interagency communications provision which
14  shall depict the communication interfaces between municipal,
15  county, and state law enforcement entities which operate
16  within the region.
17         (c)  Frequency allocation and use provision which shall
18  include, on an entity basis, each assigned and planned radio
19  channel and the type of operation, simplex, duplex, or
20  half-duplex, on each channel.
21         (3)  The office shall adopt any necessary rules and
22  regulations for implementing and coordinating the statewide
23  system of regional law enforcement communications.
24         (4)  The Chief Information Officer of the State
25  Technology Office or his or her designee is designated as the
26  director of the statewide system of regional law enforcement
27  communications and, for the purpose of carrying out the
28  provisions of this section, is authorized to coordinate the
29  activities of the system with other interested state agencies
30  and local law enforcement agencies.
31         (5)  No law enforcement communications system shall be
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  established or present system expanded without the prior
 2  approval of the State Technology Office of the Department of
 3  Management Services.
 4         (6)  Within the limits of its capability, the
 5  Department of Law Enforcement is encouraged to lend assistance
 6  to the State Technology Office of the Department of Management
 7  Services in the development of the statewide system of
 8  regional law enforcement communications proposed by this
 9  section.
10         Section 18.  Section 282.20, Florida Statutes, is
11  amended to read:
12         282.20  Technology Resource Center.--
13         (1)(a)  The State Technology Office of the Department
14  of Management Services shall operate and manage the Technology
15  Resource Center.
16         (b)  For the purposes of this section, the term:
17         1.  "Office" means the State Technology Office of the
18  Department of Management Services.
19         1.2.  "Information-system utility" means a full-service
20  information-processing facility offering hardware, software,
21  operations, integration, networking, and consulting services.
22         2.3.  "Customer" means a state agency or other entity
23  which is authorized to utilize the SUNCOM Network pursuant to
24  this part.
25         (2)  The Technology Resource Center shall:
26         (a)  Serve the office and other customers as an
27  information-system utility.
28         (b)  Cooperate with customers to offer, develop, and
29  support a wide range of services and applications needed by
30  users of the Technology Resource Center.
31         (c)  Cooperate with the Florida Legal Resource Center
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  of the Department of Legal Affairs and other state agencies to
 2  develop and provide access to repositories of legal
 3  information throughout the state.
 4         (d)  Cooperate with the office to facilitate
 5  interdepartmental networking and integration of network
 6  services for its customers.
 7         (e)  Assist customers in testing and evaluating new and
 8  emerging technologies that could be used to meet the needs of
 9  the state.
10         (3)  The office may contract with customers to provide
11  any combination of services necessary for agencies to fulfill
12  their responsibilities and to serve their users.
13         (4)  Acceptance of any new customer other than a state
14  agency which is expected to pay during the initial 12 months
15  of use more than 5 percent of the previous year's revenues of
16  the Technology Resource Center shall be contingent upon
17  approval of the Office of Planning and Budgeting in a manner
18  similar to the budget amendment process in s. 216.181.
19         (4)(5)  The Technology Resource Center may plan,
20  design, establish pilot projects for, and conduct experiments
21  with information technology resources, and may implement
22  enhancements in services when such implementation is
23  cost-effective. Funding for experiments and pilot projects
24  shall be derived from service revenues and may not exceed 5
25  percent of the service revenues for the Technology Resource
26  Center for any single fiscal year. Any experiment, pilot
27  project, plan, or design must be approved by the Chief
28  Information Officer of the State Technology Office.
29         (5)(6)  Notwithstanding the provisions of s. 216.272,
30  the Technology Resource Center may spend the funds in the
31  reserve account of the Technology Enterprise Operating Trust
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  Fund its working capital trust fund for enhancements to center
 2  operations or for information technology resources. Any
 3  expenditure of reserve account funds must be approved by the
 4  Chief Information Officer of the State Technology Office. Any
 5  funds remaining in the reserve account at the end of the
 6  fiscal year may be carried forward and spent as approved by
 7  the Chief Information Officer of the State Technology Office,
 8  provided that such approval conforms to any applicable
 9  provisions of chapter 216.
10         Section 19.  Section 282.21, Florida Statutes, is
11  amended to read:
12         282.21  The State Technology Office's Office of the
13  Department of Management Services' electronic access
14  services.--The State Technology Office of the Department of
15  Management Services may collect fees for providing remote
16  electronic access pursuant to s. 119.085. The fees may be
17  imposed on individual transactions or as a fixed subscription
18  for a designated period of time.  All fees collected under
19  this section shall be deposited in the appropriate trust fund
20  of the program or activity that made the remote electronic
21  access available.
22         Section 20.  Subsections (1) and (2) of section 282.22,
23  Florida Statutes, are amended to read:
24         282.22  The State Technology Office; of the Department
25  of Management Services production, and dissemination, and
26  ownership of materials and products.--
27         (1)  It is the intent of the Legislature that when
28  materials, products, information, and services are acquired
29  collected or developed by or under the direction of the State
30  Technology Office of the Department of Management Services,
31  through research and development or other efforts, including
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  those subject to copyright, patent, or trademark, they shall
 2  be made available for use by state and local government
 3  entities at the earliest practicable date and in the most
 4  economical and efficient manner possible and consistent with
 5  chapter 119.
 6         (2)  To accomplish this objective the office is
 7  authorized to publish or partner with private sector entities
 8  to produce or have produced materials and products and to make
 9  them readily available for appropriate use. The office is
10  authorized to charge an amount or receive value-added services
11  adequate to cover the essential cost of producing and
12  disseminating such materials, information, services, or
13  products and is authorized to sell services, when appropriate,
14  to any entity who is authorized to use the SUNCOM Network
15  pursuant to this part and to the public.
16         Section 21.  Section 282.23, Florida Statutes, is
17  created to read:
18         282.23  State Strategic Information Technology
19  Alliance.--
20         (1)  The State Technology Office, in consultation with
21  the Department of Management Services, may establish a State
22  Strategic Information Technology Alliance for the acquisition
23  and use of information technology and related material in
24  accordance with competitive procurement provisions of chapter
25  287.
26         (2)  The State Technology Office, in consultation with
27  the Department of Management Services, shall adopt rules
28  implementing policies and procedures applicable to
29  establishing the strategic alliances with prequalified
30  contractors or partners to provide the state with efficient,
31  cost-effective, and advanced information technology.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         Section 22.  Section 282.3041, Florida Statutes, is
 2  repealed:
 3         282.3041  State agency responsibilities.--The head of
 4  each state agency, in consultation with the State Technology
 5  Office, is responsible and accountable for enterprise resource
 6  planning and management within the agency in accordance with
 7  legislative intent and as defined in this part.
 8         Section 23.  Section 282.3055, Florida Statutes, is
 9  amended to read:
10         282.3055  Agency Chief Information Officer;
11  appointment; duties.--
12         (1)(a)  To assist the State Technology Officer agency
13  head in carrying out the enterprise resource planning and
14  management responsibilities, the Chief Information Officer may
15  agency head shall appoint, in consultation with the State
16  Technology Office, or contract for an Agency a Chief
17  Information Officer at a level commensurate with the role and
18  importance of information technology resources in the agency.
19  This position may be full time or part time.
20         (b)  The Agency Chief Information Officer must, at a
21  minimum, have knowledge and experience in both management and
22  information technology resources.
23         (2)  The duties of the Agency Chief Information Officer
24  include, but are not limited to:
25         (a)  Coordinating and facilitating agency enterprise
26  resource planning and management projects and initiatives.
27         (b)  Preparing an agency annual report on enterprise
28  resource planning and management pursuant to s. 282.3063.
29         (c)  Developing and implementing agency enterprise
30  resource planning and management policies, procedures, and
31  standards, including specific policies and procedures for
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  review and approval of the agency's purchases of information
 2  technology resources in accordance with the office's policies
 3  and procedures.
 4         (d)  Advising agency senior management as to the
 5  enterprise resource planning and management needs of the
 6  agency for inclusion in planning documents required by law.
 7         (e)  Assisting in the development and prioritization of
 8  the enterprise resource planning and management schedule of
 9  the agency's legislative budget request.
10         Section 24.  Subsection (1) of section 282.3063,
11  Florida Statutes, is amended to read:
12         282.3063  Agency Annual Enterprise Resource Planning
13  and Management Report.--
14         (1)  By September 1 of each year, and for the State
15  University System within 90 days after completion of the
16  expenditure analysis developed pursuant to s. 240.271(4), each
17  Agency Chief Information Officer shall prepare and submit to
18  the State Technology Office an Agency Annual Enterprise
19  Resource Planning and Management Report.  Following
20  consultation with the State Technology Office and the Agency
21  Chief Information Officers Council, the Executive Office of
22  the Governor and the fiscal committees of the Legislature
23  shall jointly develop and issue instructions for the format
24  and contents of the report.
25         Section 25.  Subsections (1) and (2) of section
26  282.315, Florida Statutes, are amended to read:
27         282.315  Agency Chief Information Officers Council;
28  creation.--The Legislature finds that enhancing communication,
29  consensus building, coordination, and facilitation of
30  statewide enterprise resource planning and management issues
31  is essential to improving state management of such resources.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         (1)  There is created an Agency a Chief Information
 2  Officers Council to:
 3         (a)  Enhance communication among the Agency Chief
 4  Information Officers of state agencies by sharing enterprise
 5  resource planning and management experiences and exchanging
 6  ideas.
 7         (b)  Facilitate the sharing of best practices that are
 8  characteristic of highly successful technology organizations,
 9  as well as exemplary information technology applications of
10  state agencies.
11         (c)  Identify efficiency opportunities among state
12  agencies.
13         (d)  Serve as an educational forum for enterprise
14  resource planning and management issues.
15         (e)  Assist the State Technology Office in identifying
16  critical statewide issues and, when appropriate, make
17  recommendations for solving enterprise resource planning and
18  management deficiencies.
19         (2)  Members of the council shall include the Agency
20  Chief Information Officers of all state agencies, including
21  the Chief Information Officers of the agencies and
22  governmental entities enumerated in s. 282.3031, except that
23  there shall be one Chief Information Officer selected by the
24  state attorneys and one Chief Information Officer selected by
25  the public defenders. The chairs, or their designees, of the
26  Geographic Information Board, the Florida Financial Management
27  Information System Coordinating Council, the Criminal and
28  Juvenile Justice Information Systems Council, and the Health
29  Information Systems Council shall represent their respective
30  organizations on the Chief Information Officers Council as
31  voting members.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         Section 26.  Subsection (2) of section 282.318, Florida
 2  Statutes, is amended to read:
 3         282.318  Security of data and information technology
 4  resources.--
 5         (2)(a)  Each agency head, in consultation with The
 6  State Technology Office, in consultation with each agency
 7  head, is responsible and accountable for assuring an adequate
 8  level of security for all data and information technology
 9  resources of each the agency and, to carry out this
10  responsibility, shall, at a minimum:
11         1.  Designate an information security manager who shall
12  administer the security program of each the agency for its
13  data and information technology resources.
14         2.  Conduct, and periodically update, a comprehensive
15  risk analysis to determine the security threats to the data
16  and information technology resources of each the agency.  The
17  risk analysis information is confidential and exempt from the
18  provisions of s. 119.07(1), except that such information shall
19  be available to the Auditor General in performing his or her
20  postauditing duties.
21         3.  Develop, and periodically update, written internal
22  policies and procedures to assure the security of the data and
23  information technology resources of each the agency.  The
24  internal policies and procedures which, if disclosed, could
25  facilitate the unauthorized modification, disclosure, or
26  destruction of data or information technology resources are
27  confidential information and exempt from the provisions of s.
28  119.07(1), except that such information shall be available to
29  the Auditor General in performing his or her postauditing
30  duties.
31         4.  Implement appropriate cost-effective safeguards to
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  reduce, eliminate, or recover from the identified risks to the
 2  data and information technology resources of each the agency.
 3         5.  Ensure that periodic internal audits and
 4  evaluations of each the security program for the data and
 5  information technology resources of the agency are conducted.
 6  The results of such internal audits and evaluations are
 7  confidential information and exempt from the provisions of s.
 8  119.07(1), except that such information shall be available to
 9  the Auditor General in performing his or her postauditing
10  duties.
11         6.  Include appropriate security requirements, as
12  determined by the State Technology Office, in consultation
13  with each agency head, in the written specifications for the
14  solicitation of information technology resources.
15         (b)  In those instances in which the State Technology
16  Office of the Department of Management Services develops state
17  contracts for use by state agencies, the office department
18  shall include appropriate security requirements in the
19  specifications for the solicitation for state contracts for
20  procuring information technology resources.
21         Section 27.  Section 282.322, Florida Statutes, is
22  amended to read:
23         282.322  High-risk information technology projects;
24  reporting, monitoring, and assessment Special monitoring
25  process for designated information resources management
26  projects.--The Enterprise Project Management Office of the
27  State Technology Office shall report any information
28  technology projects the office identifies as high-risk to the
29  Executive Office of the Governor, the President of the Senate,
30  the Speaker of the House of Representatives, and the
31  appropriations committee chairs of the Senate and the House of
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  Representatives. In addition to monitoring and reporting on
 2  such high-risk information technology projects, the Enterprise
 3  Project Management Office shall assess the levels of risks
 4  associated with proceeding to the next stage of the project.
 5  For each information resources management project which is
 6  designated for special monitoring in the General
 7  Appropriations Act, with a proviso requiring a contract with a
 8  project monitor, the Technology Review Workgroup established
 9  pursuant to s. 216.0446, in consultation with each affected
10  agency, shall be responsible for contracting with the project
11  monitor. Upon contract award, funds equal to the contract
12  amount shall be transferred to the Technology Review Workgroup
13  upon request and subsequent approval of a budget amendment
14  pursuant to s. 216.292. With the concurrence of the
15  Legislative Auditing Committee, the office of the Auditor
16  General shall be the project monitor for other projects
17  designated for special monitoring. However, nothing in this
18  section precludes the Auditor General from conducting such
19  monitoring on any project designated for special monitoring.
20  In addition to monitoring and reporting on significant
21  communications between a contracting agency and the
22  appropriate federal authorities, the project monitoring
23  process shall consist of evaluating each major stage of the
24  designated project to determine whether the deliverables have
25  been satisfied and to assess the level of risks associated
26  with proceeding to the next stage of the project. The major
27  stages of each designated project shall be determined based on
28  the agency's information systems development methodology.
29  Within 20 days after an agency has completed a major stage of
30  its designated project or at least 90 days, the project
31  monitor shall issue a written report, including the findings
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  and recommendations for correcting deficiencies, to the agency
 2  head, for review and comment. Within 20 days after receipt of
 3  the project monitor's report, the agency head shall submit a
 4  written statement of explanation or rebuttal concerning the
 5  findings and recommendations of the project monitor, including
 6  any corrective action to be taken by the agency. The project
 7  monitor shall include the agency's statement in its final
 8  report, which shall be forwarded, within 7 days after receipt
 9  of the agency's statement, to the agency head, the inspector
10  general's office of the agency, the Executive Office of the
11  Governor, the appropriations committees of the Legislature,
12  the Joint Legislative Auditing Committee, the Technology
13  Review Workgroup, the President of the Senate, the Speaker of
14  the House of Representatives, and the Office of Program Policy
15  Analysis and Government Accountability. The Auditor General
16  shall also receive a copy of the project monitor's report for
17  those projects in which the Auditor General is not the project
18  monitor.
19         Section 28.  Paragraph (f) of subsection (2) of section
20  216.163, Florida Statutes, is amended to read:
21         216.163  Governor's recommended budget; form and
22  content; declaration of collective bargaining impasses.--
23         (2)  The Governor's recommended budget shall also
24  include:
25         (f)  The Governor's recommendations for high-risk
26  critical information technology resource management projects
27  which should be subject to special monitoring under s.
28  282.322. These recommendations shall include proviso language
29  which specifies whether funds are specifically provided to
30  contract for project monitoring, or whether the Auditor
31  General will conduct such project monitoring. When funds are
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  recommended for contracting with a project monitor, such funds
 2  may equal 1 percent to 5 percent of the project's estimated
 3  total costs. These funds shall be specifically appropriated
 4  and nonrecurring.
 5         Section 29.  Paragraph (b) of subsection (1) and
 6  paragraph (o) of subsection (3) of section 119.07, Florida
 7  Statutes, are amended to read:
 8         119.07  Inspection, examination, and duplication of
 9  records; exemptions.--
10         (1)
11         (b)  If the nature or volume of public records
12  requested to be inspected, examined, or copied pursuant to
13  this subsection is such as to require extensive use of
14  information technology resources or extensive clerical or
15  supervisory assistance by personnel of the agency involved, or
16  both, the agency may charge, in addition to the actual cost of
17  duplication, a special service charge, which shall be
18  reasonable and shall be based on the cost incurred for such
19  extensive use of information technology resources or the labor
20  cost of the personnel providing the service that is actually
21  incurred by the agency or attributable to the agency for the
22  clerical and supervisory assistance required, or both.
23  "Information technology resources" means data processing
24  hardware and software and services, communications, supplies,
25  personnel, facility resources, maintenance, and training shall
26  have the same meaning as in s. 282.303(12).
27         (3)
28         (o)  Data processing software obtained by an agency
29  under a licensing agreement which prohibits its disclosure and
30  which software is a trade secret, as defined in s. 812.081,
31  and agency-produced data processing software which is
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  sensitive are exempt from the provisions of subsection (1) and
 2  s. 24(a), Art. I of the State Constitution.  The designation
 3  of agency-produced software as sensitive shall not prohibit an
 4  agency head from sharing or exchanging such software with
 5  another public agency.  As used in this paragraph:
 6         1.  "Data processing software" means the programs and
 7  routines used to employ and control the capabilities of data
 8  processing hardware, including, but not limited to, operating
 9  systems, compilers, assemblers, utilities, library routines,
10  maintenance routines, applications, and computer networking
11  programs has the same meaning as in s. 282.303(7).
12         2.  "Sensitive" means only those portions of data
13  processing software, including the specifications and
14  documentation, used to:
15         a.  Collect, process, store, and retrieve information
16  which is exempt from the provisions of subsection (1);
17         b.  Collect, process, store, and retrieve financial
18  management information of the agency, such as payroll and
19  accounting records; or
20         c.  Control and direct access authorizations and
21  security measures for automated systems.
22         Section 30.  Paragraph (b) of subsection (1) of section
23  119.083, Florida Statutes, is amended to read:
24         119.083  Definitions; copyright of data processing
25  software created by governmental agencies; fees; prohibited
26  contracts.--
27         (1)  As used in this section:
28         (b)  "Data processing software" has the same meaning as
29  in s. 119.07(3)(o) 282.303.
30         Section 31.  (1)  Each state agency that entered into a
31  memorandum of agreement with the State Technology Office by
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  March 15, 2001, regarding consolidation of information
 2  technology resources and staff, shall transfer the positions
 3  identified in the memoranda and the associated rate and the
 4  amount of approved budget to the State Technology Office on
 5  October 1, 2001.  The total number of positions transferred to
 6  the State Technology Office shall not exceed 1,760 full-time
 7  positions. Such transfers shall be subject to approval by the
 8  Legislative Budget Commission pursuant to chapter 216, Florida
 9  Statutes.
10         (2)  Each state agency required to transfer positions
11  pursuant to subsection (1) shall also transfer administrative
12  support personnel and associated rate and the amount of
13  approved budget to the State Technology Office. The number of
14  administrative support positions transferred by each agency
15  shall not exceed 5 percent of the number of positions
16  transferred pursuant to subsection (1).  Such transfers shall
17  take effect July 15, 2001.  Such transfers shall be subject to
18  approval by the Legislative Budget Commission pursuant to
19  chapter 216, Florida Statutes.
20         (3)  The State Technology Office and the individual
21  agencies may request subsequent transfers of full-time
22  positions and associated rate and funds during the fiscal year
23  to meet the levels of service agreed to between the State
24  Technology Office and the agencies.  Such transfers shall be
25  subject to approval by the Legislative Budget Commission
26  pursuant to chapter 216, Florida Statutes.
27         (4)  The State Technology Office is authorized to
28  charge back to each participating agency an amount equal to
29  the total of all direct and indirect costs of administering
30  the agreement with the agency and the total of all direct and
31  indirect costs of rendering the performances required of the
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  State Technology Office under such agreements.
 2         (5)  Any resources transferred to the State Technology
 3  Office which were dedicated to a federally funded system shall
 4  remain allocated to that system until the appropriate federal
 5  agency or authority confirms in writing that another plan for
 6  supporting the system will not result in federal sanctions.
 7         (6)  The corresponding amounts necessary to execute
 8  subsections (1)-(3) are appropriated to the state agencies for
 9  transfer to the State Technology Office.  Such amounts and
10  specific funds shall be equivalent to the amount of approved
11  budget reduced from state agencies in subsections (1)-(3),
12  subject to approval by the Legislative Budget Commission.
13         Section 32.  Section 282.404, Florida Statutes, is
14  repealed.
15         Section 33.  Subsection (6) of Section 11.90, Florida
16  Statutes, is created to read:
17         (6)  The Commission shall review information resources
18  management needs identified in agency long-range program plans
19  for consistency with the State Annual Report on Enterprise
20  Resource Planning and Management and statewide policies
21  adopted by the State Technology Office.  The Commission shall
22  also review proposed budget amendments associated with
23  information technology that involve more than one agency, that
24  have an outcome that impacts another agency, or that exceed
25  $500,000 in total cost over 1-year period.
26         Section 34.  This act shall take effect July 1, 2001.
27  
28  
29  ================ T I T L E   A M E N D M E N T ===============
30  And the title is amended as follows:
31         On page 1, line 2, through page 6, line 11,
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1  remove from the title of the bill:  all of said lines
 2  
 3  and insert in lieu thereof:
 4         An act relating to information technology;
 5         amending s. 20.22, F.S.; creating the State
 6         Technology Office within the Department of
 7         Management Services; requiring the office to
 8         operate and manage the Technology Resource
 9         Center; amending s. 110.205, F.S.; providing
10         that specified officers within the State
11         Technology Office are exempt from career
12         service; providing that the office shall set
13         the salaries and benefits for such officers in
14         accordance with the rules of the Senior
15         Management Service; providing for the personal
16         secretary to specified officers within the
17         State Technology Office to be exempt from
18         career service; providing for all managers,
19         supervisors, and confidential employees of the
20         State Technology Office to be exempt from
21         career service; providing that the office shall
22         set the salaries and benefits for those
23         positions in accordance with the rules of the
24         Selected Exempt Service; amending s. 186.022,
25         F.S.; revising the entities required to
26         annually develop and submit an information
27         technology strategic plan; providing for the
28         State Technology Office to administer and
29         approve development of information technology
30         strategic plans; amending s. 216.013, F.S.;
31         revising provisions relating to the review of
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         long-range program plans for executive agencies
 2         by the Executive Office of the Governor;
 3         providing that the Executive Office of the
 4         Governor shall consider the findings of the
 5         State Technology Office with respect to the
 6         State Annual Report on Enterprise Resource
 7         Planning and Management and statewide policies
 8         adopted by the State Technology Office;
 9         amending s. 216.0446, F.S., relating to review
10         of agency information resources management
11         needs; eliminating the Technology Review
12         Workgroup; providing for assumption of the
13         duties of the Technology Review Workgroup by
14         the State Technology Office; requiring the
15         reporting of specified information to the
16         Executive Office of the Governor; providing
17         powers and duties of the State Technology
18         Office; amending s. 216.181, F.S., relating to
19         approved budgets for operations and fixed
20         capital outlay; providing requirements with
21         respect to an amendment to the original
22         approved operating budget for specified
23         information technology projects or initiatives;
24         amending s. 216.235, F.S.; transferring
25         specified responsibilities with respect to the
26         Innovation Investment Program Act from the
27         Department of Management Services to the Office
28         of Tourism, Trade, and Economic Development
29         within the Executive Office of the Governor;
30         revising the membership of the State Innovation
31         Committee; amending s. 216.292, F.S.;
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         authorizing state agencies to transfer
 2         positions and appropriations for fiscal year
 3         2001-2002 for the purpose of consolidating
 4         information technology resources to the State
 5         Technology Office; amending s. 282.005, F.S.;
 6         revising legislative findings and intent with
 7         respect to the Information Resources Management
 8         Act of 1997; providing that the State
 9         Technology Office has primary responsibility
10         and accountability for information technology
11         matters within the state except as to
12         information technology or information
13         technology personnel that a constitutional
14         officer under s. 4 Art. 4 deems necessary for
15         the performance of his or her constitutional or
16         statutory duties; amending and renumbering s.
17         282.303, F.S.; revising definitions; defining
18         "information technology"; amending s. 282.102,
19         F.S.; revising powers and duties of the State
20         Technology Office; providing that the office
21         shall be a separate budget entity within the
22         Department of Management Services; providing
23         that the Chief Information Officer shall be
24         considered an agency head; providing for
25         administrative support and service from
26         Department of Management Services; authorizing
27         the office to perform, in consultation with a
28         state agency, the enterprise resource planning
29         and management for the agency; authorizing the
30         office to apply for, receive, and hold
31         specified patents, copyrights, trademarks, and
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         service marks; authorizing the office to
 2         purchase, lease, hold, sell, transfer, license,
 3         and dispose of specified real, personal, and
 4         intellectual property; providing for deposit of
 5         specified fees in the Law Enforcement Radio
 6         Operating Trust Fund; providing for a State
 7         Chief Privacy Officer; amending s. 282.103,
 8         F.S., to conform; authorizing the State
 9         Technology Office to grant an agency exemption
10         from required use of specified SUNCOM Network
11         services; amending s. 282.104, F.S., to
12         conform; amending s. 282.105, F.S., to conform;
13         amending s. 282.106, F.S., to conform; amending
14         s. 282.1095, F.S., relating to the state agency
15         law enforcement radio system; providing
16         conforming amendments; renaming the State
17         Agency Law Enforcement Radio System Trust Fund
18         as the Law Enforcement Radio Operating Trust
19         Fund; requiring the office to establish
20         policies, procedures, and standards for a
21         comprehensive plan for a statewide radio
22         communications system; eliminating provisions
23         relating to establishment and funding of
24         specified positions; amending s. 282.111, F.S.,
25         to conform; amending s. 282.20, F.S., relating
26         to the Technology Resource Center; providing
27         conforming amendments; removing provisions
28         relating to the acceptance of new customers by
29         the center; authorizing the center to spend
30         funds in the reserve account of the Technology
31         Enterprise Operating Trust Fund; amending s.
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         282.21, F.S., to conform; amending s. 282.22,
 2         F.S.; revising terminology; removing specified
 3         restrictions on the office's authority to sell
 4         services; creating s. 282.23, F.S.; authorizing
 5         the State Technology Office, in consultation
 6         with the Department of Management Services, to
 7         establish a State Strategic Information
 8         Technology Alliance; providing purposes of the
 9         alliance; providing for the establishment of
10         policies and procedures; repealing s. 282.3041,
11         F.S., which provides that the head of each
12         state agency is responsible and accountable for
13         enterprise resource planning and management
14         within the agency; amending s. 282.3055, F.S.;
15         authorizing the Chief Information Officer to
16         appoint or contract for Agency Chief
17         Information Officers to assist in carrying out
18         enterprise resource planning and management
19         responsibilities; amending s. 282.3063, F.S.;
20         requiring Agency Chief Information Officers to
21         prepare and submit an Agency Annual Enterprise
22         Resource Planning and Management Report;
23         amending s. 282.315, F.S.; renaming the Chief
24         Information Officers Council as the Agency
25         Chief Information Officers Council; revising
26         the voting membership of the council; amending
27         amending s. 282.318, F.S., to conform; amending
28         s. 282.322, F.S.; eliminating provisions
29         relating to the special monitoring process for
30         designated information resources management
31         projects; requiring the Enterprise Project
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                                                   HOUSE AMENDMENT
                                                  Bill No. HB 1811
    Amendment No. 1 (for drafter's use only)
 1         Management Office of the State Technology
 2         Office to report on, monitor, and assess risk
 3         levels of specified high-risk technology
 4         projects; amending s. 216.163, F.S.; providing
 5         that the Governor's recommended budget shall
 6         include recommendations for specified high-risk
 7         information technology projects; amending s.
 8         119.07, F.S.; defining "information technology
 9         resources" and "data processing software";
10         amending ss. 119.083, F.S.; correcting cross
11         references; requiring certain state agencies to
12         transfer described positions and administrative
13         support personnel to the State Technology
14         Office by specified dates; providing limits on
15         the number of positions and administrative
16         support personnel transferred; providing that
17         the State Technology Office and the relevant
18         agencies are authorized to request subsequent
19         transfers of positions, subject to approval by
20         the Legislative Budget Commission; providing
21         requirements with respect to transferred
22         resources which were dedicated to a federally
23         funded system; providing appropriations;
24         repealing s. 282.404, F.S.; abolishing the
25         Florida Geographic Information Board within the
26         State Technology Office; provides for
27         Legislative Budgeting Commission review of
28         certain agency plans, State Technology Office
29         policies, and certain budget amendments;
30         providing an effective date.
31  
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