Senate Bill sb1974e1

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  1                      A bill to be entitled

  2         An act relating to state information

  3         technology; creating s. 14.204, F.S.; creating

  4         the Agency for Enterprise Information

  5         Technology within the Executive Office of the

  6         Governor; providing for the Governor and

  7         Cabinet to be the head of the agency; requiring

  8         that the agency be a separate budget entity

  9         that is not subject to the control of the

10         Executive Office of the Governor; providing for

11         an executive director of the agency to be

12         subject to confirmation by the Senate;

13         providing for the executive director to be the

14         chief information officer of the state and the

15         executive sponsor for all enterprise

16         information technology projects; specifying the

17         duties and responsibilities of the agency,

18         which include defining architecture standards

19         for information technology and developing a

20         strategic enterprise information technology

21         plan; requiring each state agency and the

22         Agency Chief Information Officers Council to

23         participate in the activities of the Agency for

24         Enterprise Information Technology; amending s.

25         20.22, F.S.; removing the State Technology

26         Office within the Department of Management

27         Services; providing for a Technology Program

28         within the department; amending s. 216.0446,

29         F.S.; revising the duties of the Technology

30         Review Workgroup within the Legislature to

31         conform to the transfer of duties concerning


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    CS for CS for SB 1974                          First Engrossed



 1         the management of information technology for

 2         state agencies; amending s. 282.0041, F.S.;

 3         revising and providing definitions; creating s.

 4         282.0055, F.S.; providing for the Agency for

 5         Enterprise Information Technology to oversee

 6         information technology services that are common

 7         to all executive branch agencies and for agency

 8         information technology services to be

 9         responsible for information technology within

10         an individual state agency; creating s.

11         282.0056, F.S.; requiring the Agency for

12         Enterprise Information Technology to develop a

13         work plan; requiring that the work plan be

14         approved by the Governor and Cabinet and

15         submitted to the Legislature; requiring that

16         certain specified policies be included in the

17         initial work plan; requiring that the agency

18         develop policy recommendations and strategies

19         for consolidating computer rooms and data

20         centers; requiring each state agency to provide

21         assistance in the development of the work plan

22         upon request; amending s. 282.20, F.S.;

23         transferring management of the Technology

24         Resource Center from the State Technology

25         Office to the Department of Management

26         Services; revising the duties of the center to

27         conform to changes made by the act; requiring

28         that the center submit its service rates and

29         cost-allocation plan to the Agency for

30         Enterprise Information Technology for review;

31         amending s. 282.3055, F.S.; revising the duties


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 1         of the agency chief information officers;

 2         amending s. 282.315, F.S.; revising the duties

 3         of the Agency Chief Information Officers

 4         Council; requiring that the council assist the

 5         Agency for Enterprise Information Technology in

 6         developing strategies for information

 7         technology services and projects and make

 8         policy recommendations; revising the membership

 9         of the council; providing for the appointment

10         of a chair, vice chair, and secretary; amending

11         s. 282.318, F.S.; providing duties of the

12         Agency for Enterprise Information Technology

13         with respect to the security of data and

14         information technology resources; requiring

15         state agencies to conduct a comprehensive risk

16         analysis at specified intervals, develop and

17         update internal policies and procedures, and

18         ensure compliance with certain security

19         requirements; requiring the Agency for

20         Enterprise Information Technology to designate

21         a chief information security officer, develop

22         standards for risk analyses and security

23         audits, and provide training for agency

24         information security managers; providing

25         rulemaking authority; deleting provisions

26         specifying duties of the Department of

27         Management Services to conform to changes made

28         by the act; amending s. 282.322, F.S.;

29         requiring that the Agency for Enterprise

30         Information Technology perform contract

31         monitoring duties formerly performed by the


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 1         Enterprise Project Management Office of the

 2         State Technology Office; amending s. 216.023,

 3         F.S.; requiring that certain legislative budget

 4         requests include the statutory reference to the

 5         policy requiring a new information technology

 6         project; amending s. 943.0313, F.S., relating

 7         to the Domestic Security Oversight Council;

 8         conforming terminology to changes made by the

 9         act; providing for the transfer of specified

10         duties from the State Technology Office to the

11         Department of Management Services; repealing

12         ss. 186.022, 282.005, 282.101, 282.23,

13         282.3031, 282.3032, 282.3063, 282.310, and

14         287.057(24), F.S., relating to information

15         technology strategic plans, duties of the State

16         Technology Office, the State Strategic

17         Information Technology Alliance, information

18         resources management responsibilities, guiding

19         principles, the Agency Annual Enterprise

20         Resource Planning and Management Report, the

21         State Annual Report on Enterprise Resource

22         Planning and Management, and state strategic

23         information technology alliances; amending ss.

24         215.95, 215.96, 282.102, 282.103, 282.107,

25         339.155, 381.90, 403.973, 408.05, 420.0003,

26         420.511, and 943.08, F.S., relating to the

27         Financial Management Information Board and its

28         coordination council, the State Technology

29         Office, the SUNCOM Network, transportation

30         planning, the Health Information Systems

31         Council, expedited permitting, the Florida


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 1         Center for Health Information and Policy

 2         Analysis, the state housing strategy and the

 3         Florida Housing Finance Corporation, the

 4         Criminal and Juvenile Justice Information

 5         System Council, and the public broadcasting

 6         program system; conforming cross-references and

 7         other references to provisions repealed by the

 8         act; providing appropriations and authorizing

 9         additional positions; providing an effective

10         date.

11  

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

13  

14         Section 1.  Section 14.204, Florida Statutes, is

15  created to read:

16         14.204  Agency for Enterprise Information

17  Technology.--The Agency for Enterprise Information Technology

18  is created within the Executive Office of the Governor. The

19  head of the agency shall be the Governor and Cabinet, which

20  shall take action by majority vote consisting of at least

21  three affirmative votes with the Governor on the prevailing

22  side. The agency shall be a separate budget entity that is not

23  subject to control, supervision, or direction by the Executive

24  Office of the Governor in any manner, including, but not

25  limited to, purchasing, transactions involving real or

26  personal property, personnel, or budgetary matters.

27         (1)  The executive director of the agency shall be

28  appointed by the Governor and Cabinet, is subject to

29  confirmation by the Senate, and shall serve at the pleasure of

30  the Governor and Cabinet. The executive director shall be the

31  chief information officer of the state and the executive


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 1  sponsor for all enterprise information technology projects.

 2  The executive director must have a degree from an accredited

 3  postsecondary institution, and at least 7 years of

 4  executive-level experience in managing information technology

 5  organizations.

 6         (2)  The agency shall have the following duties and

 7  responsibilities:

 8         (a)  Develop and implement strategies for the design,

 9  delivery, and management of the enterprise information

10  technology services established in law.

11         (b)  Monitor the delivery and management of the

12  enterprise information technology services as established in

13  law.

14         (c)  Make recommendations to the agency head and the

15  Legislature concerning other information technology services

16  that should be designed, delivered, and managed at the

17  enterprise level as defined in s. 282.0041(8).

18         (d)  Plan and establish policies for managing proposed

19  statutorily authorized enterprise information technology

20  services, which includes developing business cases that, when

21  applicable, include the components identified in s. 287.0574;

22  establishing and coordinating project-management teams;

23  establishing formal risk-assessment and mitigation processes;

24  and providing for independent monitoring of projects for

25  recommended corrective actions.

26         (e)  Not earlier than July 1, 2008, define the

27  architecture standards for enterprise information technology

28  and develop implementation approaches for statewide migration

29  to those standards.

30         (f)  Develop and publish a strategic enterprise

31  information technology plan that identifies and recommends


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 1  strategies for how enterprise information technology will

 2  deliver effective and efficient government services to state

 3  residents and improve the operations of state agencies.

 4         (3)  The agency shall operate in such a manner as to

 5  ensure participation and representation of state agencies and

 6  the Agency Chief Information Officers Council established in

 7  s. 282.315.

 8         Section 2.  Section 20.22, Florida Statutes, is amended

 9  to read:

10         20.22  Department of Management Services.--There is

11  created a Department of Management Services.

12         (1)  The head of the Department of Management Services

13  is the Secretary of Management Services, who shall be

14  appointed by the Governor, subject to confirmation by the

15  Senate, and shall serve at the pleasure of the Governor.

16         (2)  The following divisions and programs within the

17  Department of Management Services are established:

18         (a)  Facilities Program.

19         (b)  Technology Program State Technology Office.

20         (c)  Workforce Program.

21         (d)1.  Support Program.

22         2.  Federal Property Assistance Program.

23         (e)  Administration Program.

24         (f)  Division of Administrative Hearings.

25         (g)  Division of Retirement.

26         (h)  Division of State Group Insurance.

27         (3)  The State Technology Office shall operate and

28  manage the Technology Resource Center.

29         (3)(4)  The duties of the Chief Labor Negotiator shall

30  be determined by the Secretary of Management Services, and

31  must include, but need not be limited to, the representation


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 1  of the Governor as the public employer in collective

 2  bargaining negotiations pursuant to the provisions of chapter

 3  447.

 4         Section 3.  Section 216.0446, Florida Statutes, is

 5  amended to read:

 6         216.0446  Review of information technology resources

 7  management needs.--

 8         (1)  There is created within the Legislature the

 9  Technology Review Workgroup. The workgroup and the State

10  Technology Office shall independently review and make

11  recommendations with respect to the portion of agencies'

12  long-range program plans which pertains to information

13  technology resources management needs and with respect to

14  agencies' legislative budget requests for information

15  technology and related resources. The Technology Review

16  Workgroup shall report such recommendations, together with the

17  findings and conclusions on which such recommendations are

18  based, to the Legislative Budget Commission. The State

19  Technology Office shall report such recommendations, together

20  with the findings and conclusions on which such

21  recommendations are based, to the Executive Office of the

22  Governor and to the chairs of the legislative appropriations

23  committees.

24         (2)  In addition to its primary duty specified in

25  subsection (1), the Technology Review Workgroup shall have

26  powers and duties that include, but are not limited to, the

27  following:

28         (a)  To evaluate the information technology resource

29  management needs identified in the agency long-range program

30  plans for consistency with the State Annual Report on

31  Enterprise Resource Planning and Management and statewide


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 1  policies recommended by the State Technology Office, and make

 2  recommendations to the Legislative Budget Commission.

 3         (b)  To review and make recommendations to the

 4  Legislative Budget Commission on proposed budget amendments

 5  and agency transfers associated with information technology

 6  initiatives or projects that involve more than one agency,

 7  that have an outcome that impacts another agency, that exceed

 8  $500,000 in total cost over a 1-year period, or that are

 9  requested by the Legislative Budget Commission to be reviewed.

10         Section 4.  Section 282.0041, Florida Statutes, is

11  amended to read:

12         282.0041  Definitions.--For the purposes of this part,

13  the term:

14         (1)  "Agency" means those entities described in s.

15  216.011(1)(qq).

16         (2)  "Agency Annual Enterprise Resource Planning and

17  Management Report" means the report prepared by each Agency

18  Chief Information Officer as required by s. 282.3063.

19         (2)(3)  "Agency Chief Information Officer" means the

20  person appointed by the agency head State Technology Office to

21  coordinate and manage the information technology functions

22  policies and responsibilities activities applicable to that

23  agency and to participate and represent his or her agency in

24  developing strategies for implementing enterprise information

25  technology services identified in law and developing

26  recommendations for enterprise information technology policy.

27         (3)(4)  "Agency Chief Information Officers Council"

28  means the council created in s. 282.315 to facilitate the

29  sharing and coordination of information technology issues and

30  initiatives among the agencies.

31  


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 1         (4)  "Agency for Enterprise Information Technology"

 2  means the agency created in s. 14.204.

 3         (5)  "Agency information technology service" means a

 4  service that directly helps the agency fulfill its statutory

 5  or constitutional responsibilities and policy objectives and

 6  is usually associated with the agency's primary or core

 7  business functions.

 8         (6)  "Customer relationship management" or "CRM" means

 9  the business processes, software, and Internet capabilities

10  that can help state agencies manage customer relationships of

11  the organization at the enterprise level.

12         (7)  "Enterprise level" means all executive branch

13  agencies created or authorized in statute to perform

14  legislatively delegated functions.

15         (8)  "Enterprise information technology service" means

16  an information technology service that is used in all agencies

17  or a subset of agencies and is established in law to be

18  designed, delivered, and managed at the enterprise level.

19         (9)  "E-mail, messaging, and calendaring service" means

20  the enterprise information technology service that enables

21  users to send, receive, file, store, manage, and retrieve

22  electronic messages, attachments, appointments, and addresses.

23         (5)  "Enterprise resources management infrastructure"

24  means the hardware, software, networks, data, human resources,

25  policies, standards, facilities, maintenance, and related

26  materials and services that are required to support the

27  business processes of an agency or state enterprise.

28         (6)  "Enterprise resource planning and management"

29  means the planning, budgeting, acquiring, developing,

30  organizing, directing, training, control, and related services

31  associated with government information technology. The term


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 1  encompasses information and related resources, as well as the

 2  controls associated with their acquisition, development,

 3  dissemination, and use.

 4         (10)(7)  "Information technology" means equipment,

 5  hardware, software, firmware, programs, systems, networks,

 6  infrastructure, media, and related material used to

 7  automatically, electronically, and wirelessly collect,

 8  receive, access, transmit, display, store, record, retrieve,

 9  analyze, evaluate, process, classify, manipulate, manage,

10  assimilate, control, communicate, exchange, convert, converge,

11  interface, switch, or disseminate information of any kind or

12  form.

13         (11)  "Information technology policy" means statements

14  that describe clear choices for how information technology

15  will deliver effective and efficient government services to

16  residents and improve state agency operations. Such a policy

17  may relate to investments, business applications,

18  architecture, or infrastructure. A policy describes its

19  rationale, implications of compliance or noncompliance, the

20  timeline for implementation, metrics for determining

21  compliance, and the accountable structure responsible for its

22  implementation.

23         (12)(8)  "Project" means an endeavor that has a defined

24  start and end point; is undertaken to create or modify a

25  unique product, service, or result; and has specific

26  objectives that, when attained, signify completion undertaking

27  directed at the accomplishment of a strategic objective

28  relating to enterprise resources management or a specific

29  appropriated program.

30  

31  


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 1         (9)  "State Annual Report on Enterprise Resource

 2  Planning and Management" means the report prepared by the

 3  State Technology Office as defined in s. 282.102.

 4         (13)(10)  "Standards" means the use of current, open,

 5  nonproprietary, or non-vendor-specific technologies.

 6         (11)  "State Technology Office" or "office" means the

 7  office created in s. 282.102.

 8         (14)(12)  "Total cost" means all costs associated with

 9  information technology projects or initiatives, including, but

10  not limited to, value of hardware, software, service,

11  maintenance, incremental personnel, and facilities.  Total

12  cost of a loan or gift of information technology resources to

13  an agency includes the fair market value of the resources,

14  except that the total cost of loans or gifts of information

15  technology to state universities to be used in instruction or

16  research does not include fair market value.

17         Section 5.  Section 282.0055, Florida Statutes, is

18  created to read:

19         282.0055  Assignment of information technology.--In

20  order to ensure the most effective and efficient use of the

21  state's information technology and information technology

22  resources and notwithstanding other provisions of law to the

23  contrary, policies for the design, planning, project

24  management, and implementation of the enterprise information

25  technology services defined in s. 282.0041(8) shall be the

26  responsibility of the Agency for Enterprise Information

27  Technology for executive branch agencies created or authorized

28  in statute to perform legislatively delegated functions. The

29  design, delivery, and management of the agency information

30  technology services defined in s. 282.0041(5) shall be the

31  responsibility of the individual state agency.


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 1         Section 6.  Section 282.0056, Florida Statutes, is

 2  created to read:

 3         282.0056  Development of work plan; development of

 4  implementation plans; and policy recommendations.--

 5         (1)  For purposes of carrying out its responsibilities

 6  set forth in s. 282.0055, the Agency for Enterprise

 7  Information Technology shall develop a work plan describing

 8  the activities that the agency intends to undertake and the

 9  proposed outcomes. The work plan must be approved by the

10  Governor and Cabinet and submitted to the President of the

11  Senate and the Speaker of the House of Representatives. The

12  work plan may be amended as needed to ensure that the

13  enterprise information technology services will be provided in

14  an efficient, effective, and accountable manner. For the

15  2007-2008 fiscal year, the agency's work plan shall include

16  the development of recommended enterprise information

17  technology policies, as defined in s. 282.0041(11).

18         (2)  For the fiscal year beginning in 2008-2009, the

19  agency shall develop implementation plans for up to three of

20  the following proposed enterprise information technology

21  services to be established in law:

22         (a)  Consolidation of the deployment, management, and

23  operation of state-owned or state-operated computer rooms and

24  data centers.

25         (b)  A shared or consolidated enterprise information

26  technology service delivery and support model for the e-mail,

27  messaging, and calendaring service defined in s. 282.0041(9).

28         (c)  Information security.

29         (d)  A shared customer relationship management system

30  that consolidates agency requirements for receiving, managing,

31  


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 1  responding to, tracking, and reporting on telephone, e-mail,

 2  personnel, and other communications received from citizens.

 3         (e)  Consideration of a planned replacement cycle for

 4  computer equipment.

 5         (3)  In developing policy recommendations and

 6  implementation plans for established and proposed enterprise

 7  information technology services, the agency shall describe the

 8  scope of operation, conduct costs and requirements analyses,

 9  conduct an inventory of all existing information technology

10  resources that are associated with each service, and develop

11  strategies and timeframes for statewide migration. For

12  purposes of consolidating state-owned or state-operated

13  computer rooms and data centers, the Agency for Enterprise

14  Information Technology shall develop a migration plan prior to

15  initiating any consolidation effort.

16         (4)  For the purpose of completing its work activities,

17  each state agency shall provide to the Agency for Enterprise

18  Information Technology all requested information, including,

19  but not limited to, the agency's costs, service requirements,

20  and equipment inventories.

21         Section 7.  Section 282.20, Florida Statutes, is

22  amended to read:

23         282.20  Technology Resource Center.--

24         (1)(a)  The Department of Management Services State

25  Technology Office shall operate and manage the Technology

26  Resource Center.

27         (b)  For the purposes of this section, the term:

28         1.  "Information-system utility" means a full-service

29  information-processing facility offering hardware, software,

30  operations, integration, networking, and consulting services.

31  


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 1         2.  "Customer" means a state agency or other entity

 2  which is authorized to utilize the SUNCOM Network pursuant to

 3  this part.

 4         (2)  The Technology Resource Center shall:

 5         (a)  Serve the office and other customers as an

 6  information-system utility.

 7         (b)  Cooperate with customers to offer, develop, and

 8  support a wide range of services and applications needed by

 9  users of the Technology Resource Center.

10         (c)  Cooperate with the Florida Legal Resource Center

11  of the Department of Legal Affairs and other state agencies to

12  develop and provide access to repositories of legal

13  information throughout the state.

14         (c)(d)  Cooperate with the Agency for Enterprise

15  Information Technology office to identify and facilitate

16  interdepartmental networking and integration of network

17  services for its customers.

18         (d)(e)  Assist customers in testing and evaluating new

19  and emerging technologies that could be used to meet the needs

20  of the state.

21         (3)  The department office may contract with customers

22  to provide any combination of services necessary for agencies

23  to fulfill their responsibilities and to serve their users.

24         (4)  The Technology Resource Center may plan, design,

25  establish pilot projects for, and conduct experiments with

26  information technology resources, and may implement

27  enhancements in services when such implementation is

28  cost-effective. Funding for experiments and pilot projects

29  shall be derived from service revenues and may not exceed 5

30  percent of the service revenues for the Technology Resource

31  Center for any single fiscal year. Any experiment, pilot


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 1  project, plan, or design must be approved by the Agency for

 2  Enterprise Information Technology Chief Information Officer.

 3         (5)  Beginning in the 2007-2008 fiscal year and

 4  annually thereafter, the Technology Resource Center shall

 5  submit to the Agency for Enterprise Information Technology for

 6  its review a copy of its current and proposed services and

 7  service rates and cost-allocation plan. When appropriate, the

 8  Agency for Enterprise Information Technology shall request

 9  review and comment from the customers and Agency Chief

10  Information Officers Council concerning the center's current

11  and proposed rate and services structure.

12         (5)  Notwithstanding the provisions of s. 216.272, the

13  Technology Resource Center may spend funds in the reserve

14  account of the Technology Enterprise Operating Trust Fund for

15  enhancements to center operations or for information

16  technology resources. Any expenditure of reserve account funds

17  must be approved by the Chief Information Officer. Any funds

18  remaining in the reserve account at the end of the fiscal year

19  may be carried forward and spent as approved by the Chief

20  Information Officer, provided that such approval conforms to

21  any applicable provisions of chapter 216.

22         Section 8.  Section 282.3055, Florida Statutes, is

23  amended to read:

24         282.3055  Agency chief information officer;

25  appointment; duties.--

26         (1)(a)  Each agency head shall To assist the State

27  Technology Officer in carrying out the enterprise resource

28  planning and management responsibilities, the Chief

29  Information Officer may appoint or contract for an agency

30  chief information officer. This position may be full time or

31  part time.


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 1         (b)  The agency chief information officer must, at a

 2  minimum, have knowledge and experience in both management and

 3  information technology resources.

 4         (2)  The duties of the agency chief information officer

 5  include, but are not limited to:

 6         (a)  Coordinating and facilitating the agency

 7  enterprise resource planning and management of agency

 8  information technology services projects and initiatives.

 9         (b)  Preparing an agency annual report on enterprise

10  resource planning and management pursuant to s. 282.3063.

11         (b)(c)  Developing and Implementing agency information

12  technology enterprise resource planning and management

13  policies, procedures, guidelines, and standards that are

14  consistent with the procedures and standards adopted by the

15  Agency for Enterprise Information Technology, including

16  specific policies and procedures for review and approval of

17  the agency's purchases of information technology resources in

18  accordance with the office's policies and procedures.

19         (c)(d)  Advising agency senior management as to the

20  information technology enterprise resource planning and

21  management needs of the agency for inclusion in planning

22  documents required by law.

23         (d)(e)  Assisting in the development and prioritization

24  of the information technology enterprise resource needs for

25  planning and management schedule of the agency's legislative

26  budget request.

27         (e)  Assisting the Agency for Enterprise Information

28  Technology in the development of strategies for implementing

29  the enterprise information technology services established in

30  law and developing recommendations for enterprise information

31  technology policy.


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 1         Section 9.  Section 282.315, Florida Statutes, is

 2  amended to read:

 3         282.315  Agency Chief Information Officers Council;

 4  creation.--The Legislature finds that enhancing communication,

 5  consensus building, coordination, and facilitation with

 6  respect to issues concerning of statewide enterprise

 7  information technology resources are resource planning and

 8  management issues is essential to improving the state

 9  management of such resources.

10         (1)  There is created an Agency Chief Information

11  Officers Council to:

12         (a)  Enhance communication and collaboration among the

13  Agency Chief Information Officers and the Agency for

14  Enterprise Information Technology by sharing enterprise

15  resource planning and management experiences and exchanging

16  ideas.

17         (b)  Identify and recommend Facilitate the sharing of

18  best practices that are characteristic of highly successful

19  technology organizations, as well as exemplary information

20  technology applications for use by of state agencies, and

21  assist the Agency for Enterprise Information Technology in

22  developing strategies for implementing the enterprise

23  information technology services established in law and

24  developing recommendations for enterprise information

25  technology policy.

26         (c)  Identify efficiency opportunities among state

27  agencies and make recommendations for action to the Agency for

28  Enterprise Information Technology.

29         (d)  Serve as an educational forum for enterprise

30  resource planning and management issues.

31  


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 1         (d)(e)  Assist the Agency for Enterprise Information

 2  Technology State Technology Office in identifying critical

 3  enterprise information technology statewide issues and, when

 4  appropriate, make recommendations for solving enterprise

 5  resource planning and management deficiencies.

 6         (2)  Members of the council shall include the Agency

 7  Chief Information Officers, including the Chief Information

 8  Officers of the agencies and governmental entities enumerated

 9  in s. 282.3031, except that there shall be one Chief

10  Information Officer selected by the state attorneys and one

11  Chief Information Officer selected by the public defenders.

12  The council shall appoint a chair, vice chair, and secretary

13  from among its members to a 1-year term each. The council

14  shall establish procedures governing council business. The

15  chairs, or their designees, of the Florida Financial

16  Management Information System Coordinating Council, the

17  Criminal and Juvenile Justice Information Systems Council, and

18  the Health Information Systems Council shall represent their

19  respective organizations on the Chief Information Officers

20  Council as voting members.

21         (3)  The Agency for Enterprise Information Technology

22  State Technology Office shall provide administrative support

23  to the council.

24         Section 10.  Section 282.318, Florida Statutes, is

25  amended to read:

26         282.318  Security of data and information technology

27  resources.--

28         (1)  This section may be cited as the "Security of Data

29  and Information Technology Infrastructure Resources Act."

30         (2)(a)  The Agency for Enterprise Information

31  Technology State Technology Office, in consultation with each


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    CS for CS for SB 1974                          First Engrossed



 1  agency head, is responsible and accountable for assessing and

 2  recommending minimum operating procedures for ensuring

 3  assuring an adequate level of security for all data and

 4  information technology resources for executive branch agencies

 5  created or authorized in statute to perform legislatively

 6  delegated functions. To assist the agency in carrying out this

 7  responsibility, of each agency head and, to carry out this

 8  responsibility, shall, at a minimum:

 9         1.  Designate an information security manager who shall

10  administer the security program of the each agency for its

11  data and information technology resources.

12         2.  Conduct, and periodically update every 3 years, a

13  comprehensive risk analysis to determine the security threats

14  to the data, information, and information technology resources

15  of the each agency.  The risk analysis information is

16  confidential and exempt from the provisions of s. 119.07(1),

17  except that such information shall be available to the Auditor

18  General and the Agency for Enterprise Information Technology

19  in performing his or her postauditing duties.

20         3.  Develop, and periodically update, written internal

21  policies and procedures, which shall include procedures for

22  notifying the Agency for Enterprise Information Technology

23  when an information security incident occurs or data is

24  compromised. Such policies and procedures must be consistent

25  with the standard operating procedures adopted by the Agency

26  for Enterprise Information Technology in order to ensure to

27  assure the security of the data, information, and information

28  technology resources of the each agency. The internal policies

29  and procedures that which, if disclosed, could facilitate the

30  unauthorized modification, disclosure, or destruction of data

31  or information technology resources are confidential


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    CS for CS for SB 1974                          First Engrossed



 1  information and exempt from the provisions of s. 119.07(1),

 2  except that such information shall be available to the Auditor

 3  General and the Agency for Enterprise Information Technology

 4  in performing his or her postauditing duties.

 5         4.  Implement appropriate cost-effective safeguards to

 6  reduce, eliminate, or recover from the identified risks to the

 7  data, information, and information technology resources of the

 8  each agency.

 9         5.  Ensure that periodic internal audits and

10  evaluations of the agency's each security program for the

11  data, information, and information technology resources of the

12  agency are conducted. The results of such internal audits and

13  evaluations are confidential information and exempt from the

14  provisions of s. 119.07(1), except that such information shall

15  be available to the Auditor General and the Agency for

16  Enterprise Information Technology in performing his or her

17  postauditing duties.

18         6.  Include appropriate security requirements, as

19  determined by the State Technology Office, in consultation

20  with each agency head, in the written specifications for the

21  solicitation of information technology and information

22  technology resources which are consistent with the standard

23  security operating procedures adopted by the Agency for

24  Enterprise Information Technology.

25         (b)  In those instances under this subsection in which

26  the state agency or department State Technology Office

27  develops state contracts for use by state agencies, the state

28  agency or department office shall include appropriate security

29  requirements in the specifications for the solicitation for

30  state contracts for procuring information technology or

31  information technology resources.


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    CS for CS for SB 1974                          First Engrossed



 1         (3)  The Agency for Enterprise Information Technology

 2  shall designate a chief information security officer.

 3         (4)  The Agency for Enterprise Information Technology

 4  shall develop standards and templates for conducting

 5  comprehensive risk analyses and information security audits by

 6  state agencies, assist agencies in their compliance with the

 7  provisions of this section, pursue appropriate funding

 8  provided for the purpose of enhancing domestic security,

 9  establish minimum guidelines and procedures for the recovery

10  of information technology following a disaster, and provide

11  training for agency information security managers. Standards,

12  templates, guidelines, and procedures shall be published

13  annually, no later than September 30 each year, to enable

14  agencies to incorporate them in their planning for the

15  following fiscal year.

16         (5)  The Agency for Enterprise Information Technology

17  may adopt rules pursuant to ss. 120.536(1) and 120.54 relating

18  to information security and to administer the provisions of

19  this section.

20         (3)  Notwithstanding subsection (2), the Department of

21  Management Services, hereafter referred to as the

22  "department," in consultation with each agency head, is

23  responsible for coordinating, assessing, and recommending

24  minimum operating procedures for ensuring an adequate level of

25  security for data and information technology resources. To

26  assist the department in carrying out this responsibility,

27  each agency shall, at a minimum:

28         (a)  Designate an information security manager who

29  shall administer the security program of the agency for its

30  data and information technology resources.

31  


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    CS for CS for SB 1974                          First Engrossed



 1         (b)  Conduct, and update every 3 years, a comprehensive

 2  risk analysis to determine the security threats to the data,

 3  information, and information technology resources of the

 4  agency. The risk analysis information made confidential and

 5  exempt under subparagraph (2)(a)2. shall be available to the

 6  Auditor General in performing his or her postauditing duties.

 7         (c)  Develop, and periodically update, written internal

 8  policies and procedures that are consistent with the standard

 9  operating procedures recommended by the department to ensure

10  the security of the data and information technology resources

11  of the agency. The internal policies and procedures that, if

12  disclosed, could facilitate the unauthorized modification,

13  disclosure, or destruction of data or information technology

14  resources made confidential and exempt under subparagraph

15  (2)(a)3. shall be available to the Auditor General in

16  performing his or her postauditing duties.

17         (d)  Implement appropriate cost-effective safeguards to

18  reduce, eliminate, or recover from the identified risks to the

19  data and information technology resources of the agency.

20         (e)  Ensure that periodic internal audits and

21  evaluations of the security program for the data, information,

22  and information technology resources of the agency are

23  conducted. The results of such internal audits and evaluations

24  made confidential and exempt under subparagraph (2)(a)5. shall

25  be available to the Auditor General in performing his or her

26  postauditing duties.

27         (f)  Include appropriate security requirements in the

28  written specifications for the solicitation of information

29  technology resources that are consistent with the standard

30  security operating procedures as recommended by the

31  department.


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    CS for CS for SB 1974                          First Engrossed



 1         (g)  This subsection expires July 1, 2007.

 2  

 3  In those instances under this subsection in which the

 4  department develops state contracts for use by state agencies,

 5  the department shall include appropriate security requirements

 6  in the specifications for the solicitation for state contracts

 7  for procuring information technology resources.

 8         (4)  In order to ensure the security of data,

 9  information, and information technology resources, the

10  department shall establish the Office of Information Security

11  and shall designate a Chief Information Security Officer as

12  the head of the office. The office shall coordinate its

13  activities with the Agency Chief Information Officers Council

14  as established in s. 282.315. The office is responsible for

15  developing a strategic plan for information technology

16  security which shall be submitted by March 1, 2007, to the

17  Executive Office of the Governor, the President of the Senate,

18  and the Speaker of the House of Representatives; developing

19  standards and templates for conducting comprehensive risk

20  analyses and information security audits by state agencies;

21  assisting agencies in their compliance with the provisions of

22  this section; establishing minimum standards for the recovery

23  of information technology following a disaster; and conducting

24  training for agency information security managers. This

25  subsection expires July 1, 2007.

26         Section 11.  Subsection (2) of section 282.322, Florida

27  Statutes, is amended to read:

28         282.322  Special monitoring process for designated

29  information resources management projects.--

30         (2)  The Agency for Enterprise Information Technology

31  Project Management Office of the State Technology Office shall


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    CS for CS for SB 1974                          First Engrossed



 1  report on any information technology project that the

 2  Legislature projects the office identifies as high-risk to the

 3  Executive Office of the Governor, the President of the Senate,

 4  the Speaker of the House of Representatives, and the chairs of

 5  the appropriations committees. Within the limits of current

 6  appropriations, the Agency for Enterprise Information

 7  Technology Project Management Office shall monitor and report

 8  on such high-risk information technology projects, and assess

 9  the levels of risks associated with proceeding to the next

10  stage of the project.

11         Section 12.  Paragraph (a) of subsection (4) of section

12  216.023, Florida Statutes, is amended to read:

13         216.023  Legislative budget requests to be furnished to

14  Legislature by agencies.--

15         (4)(a)  The legislative budget request must contain for

16  each program:

17         1.  The constitutional or statutory authority for a

18  program, a brief purpose statement, and approved program

19  components.

20         2.  Information on expenditures for 3 fiscal years

21  (actual prior-year expenditures, current-year estimated

22  expenditures, and agency budget requested expenditures for the

23  next fiscal year) by appropriation category.

24         3.  Details on trust funds and fees.

25         4.  The total number of positions (authorized, fixed,

26  and requested).

27         5.  An issue narrative describing and justifying

28  changes in amounts and positions requested for current and

29  proposed programs for the next fiscal year.

30         6.  Information resource requests.

31  


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    CS for CS for SB 1974                          First Engrossed



 1         7.  Supporting information, including applicable

 2  cost-benefit analyses, business case analyses, performance

 3  contracting procedures, service comparisons, and impacts on

 4  performance standards for any request to outsource or

 5  privatize agency functions. The cost-benefit and business case

 6  analyses must include an assessment of the impact on each

 7  affected activity from those identified in accordance with

 8  paragraph (b). Performance standards must include standards

 9  for each affected activity and be expressed in terms of the

10  associated unit of activity.

11         8.  An evaluation of any major outsourcing and

12  privatization initiatives undertaken during the last 5 fiscal

13  years having aggregate expenditures exceeding $10 million

14  during the term of the contract. The evaluation shall include

15  an assessment of contractor performance, a comparison of

16  anticipated service levels to actual service levels, and a

17  comparison of estimated savings to actual savings achieved.

18  Consolidated reports issued by the Department of Management

19  Services may be used to satisfy this requirement.

20         9.  Supporting information for any proposed

21  consolidated financing of deferred-payment commodity contracts

22  including guaranteed energy performance savings contracts.

23  Supporting information must also include narrative describing

24  and justifying the need, baseline for current costs, estimated

25  cost savings, projected equipment purchases, estimated

26  contract costs, and return on investment calculation.

27         10.  For projects that exceed $10 million in total

28  cost, the statutory reference of the existing policy or the

29  proposed substantive policy that establishes and defines the

30  project's governance structure, planned scope, main business

31  objectives that must be achieved, and estimated completion


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    CS for CS for SB 1974                          First Engrossed



 1  timeframes. Information technology budget requests for the

 2  continuance of existing hardware and software maintenance

 3  agreements, renewal of existing software licensing agreements,

 4  or the replacement of desktop units with new technology that

 5  is similar to the technology currently in use are exempt from

 6  this requirement.

 7         Section 13.  Paragraph (a) of subsection (1) of section

 8  943.0313, Florida Statutes, is amended to read:

 9         943.0313  Domestic Security Oversight Council.--The

10  Legislature finds that there exists a need to provide

11  executive direction and leadership with respect to terrorism

12  prevention, preparation, protection, response, and recovery

13  efforts by state and local agencies in this state. In

14  recognition of this need, the Domestic Security Oversight

15  Council is hereby created. The council shall serve as an

16  advisory council pursuant to s. 20.03(7) to provide guidance

17  to the state's regional domestic security task forces and

18  other domestic security working groups and to make

19  recommendations to the Governor and the Legislature regarding

20  the expenditure of funds and allocation of resources related

21  to counter-terrorism and domestic security efforts.

22         (1)  MEMBERSHIP.--

23         (a)  The Domestic Security Oversight Council shall

24  consist of the following voting members:

25         1.  The executive director of the Department of Law

26  Enforcement.

27         2.  The director of the Division of Emergency

28  Management within the Department of Community Affairs.

29         3.  The Attorney General.

30         4.  The Commissioner of Agriculture.

31         5.  The Secretary of Health.


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    CS for CS for SB 1974                          First Engrossed



 1         6.  The Commissioner of Education.

 2         7.  The State Fire Marshal.

 3         8.  The adjutant general of the Florida National Guard.

 4         9.  The state chief information officer of the State

 5  Technology Office within the Department of Management

 6  Services.

 7         10.  Each sheriff or chief of police who serves as a

 8  co-chair of a regional domestic security task force pursuant

 9  to s. 943.0312(1)(b).

10         11.  Each of the department's special agents in charge

11  who serve as a co-chair of a regional domestic security task

12  force.

13         12.  Two representatives of the Florida Fire Chiefs

14  Association.

15         13.  One representative of the Florida Police Chiefs

16  Association.

17         14.  One representative of the Florida Prosecuting

18  Attorneys Association.

19         15.  The chair of the Statewide Domestic Security

20  Intelligence Committee.

21         16.  One representative of the Florida Hospital

22  Association.

23         17.  One representative of the Emergency Medical

24  Services Advisory Council.

25         18.  One representative of the Florida Emergency

26  Preparedness Association.

27         19.  One representative of the Florida Seaport

28  Transportation and Economic Development Council.

29         Section 14.  Unless otherwise specified in this act,

30  the Department of Management Services, established in s.

31  20.22, Florida Statutes, shall assume the duties and


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    CS for CS for SB 1974                          First Engrossed



 1  responsibilities of the State Technology Office as set forth

 2  in ss. 215.322(2), 282.102, 282.103, 282.104, 282.105,

 3  282.106, 282.107, 282.1095, 282.111, 282.21, 282.22, 288.1092,

 4  288.1093, 365.171, 365.172, and 365.173, Florida Statutes.

 5         Section 15.  Sections 186.022, 282.005, 282.101,

 6  282.23, 282.3031, 282.3032, 282.3063, and 282.310, Florida

 7  Statutes, and subsection (24) of section 287.057, Florida

 8  Statutes, are repealed.

 9         Section 16.  Paragraph (d) of subsection (2) of section

10  215.95, Florida Statutes, is amended to read:

11         215.95  Financial Management Information Board.--

12         (2)  To carry out its duties and responsibilities, the

13  board shall by majority vote:

14         (d)  By March 1 of each year, approve a strategic plan

15  pursuant to the requirements set forth in s. 186.022(9).

16         Section 17.  Paragraph (a) of subsection (3) of section

17  215.96, Florida Statutes, is amended to read:

18         215.96  Coordinating council and design and

19  coordination staff.--

20         (3)  The coordinating council, assisted by the design

21  and coordination staff, shall have the following duties,

22  powers, and responsibilities pertaining to the Florida

23  Financial Management Information System:

24         (a)  To conduct such studies and to establish

25  committees, workgroups, and teams to develop recommendations

26  for rules, policies, procedures, principles, and standards to

27  the board as necessary to assist the board in its efforts to

28  design, implement, and perpetuate a financial management

29  information system, including, but not limited to, the

30  establishment of common data codes, and the development of

31  integrated financial management policies that address the


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    CS for CS for SB 1974                          First Engrossed



 1  information and management needs of the functional owner

 2  subsystems, and the development of a strategic plan pursuant

 3  to the requirements set forth in s. 186.022. The coordinating

 4  council shall make available a copy of the approved plan in

 5  writing or through electronic means to each of the

 6  coordinating council members, the fiscal committees of the

 7  Legislature, and any interested person.

 8         Section 18.  Section 282.102, Florida Statutes, is

 9  amended to read:

10         282.102  Creation of the State Technology Office;

11  Powers and duties.--There is created a State Technology Office

12  within the Department of Management Services. The office shall

13  be a separate budget entity, and shall be headed by a Chief

14  Information Officer who is appointed by the Governor and is in

15  the Senior Management Service. The Chief Information Officer

16  shall be an agency head for all purposes. The Department of

17  Management Services shall provide administrative support and

18  service to the office to the extent requested by the Chief

19  Information Officer. The office may adopt policies and

20  procedures regarding personnel, procurement, and transactions

21  for State Technology Office personnel. The office shall have

22  the following powers, duties, and functions:

23         (1)  To publish electronically the portfolio of

24  services available from the department office, including

25  pricing information; the policies and procedures of the state

26  communications network office governing usage of available

27  services; and a forecast of the priorities and initiatives for

28  the state communications system for the ensuing 2 years.

29         (2)  To adopt rules implementing policies and

30  procedures providing best practices to be followed by agencies

31  


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    CS for CS for SB 1974                          First Engrossed



 1  in acquiring, using, upgrading, modifying, replacing, or

 2  disposing of information technology.

 3         (3)  To perform, in consultation with an agency, the

 4  enterprise resource planning and management for the agency.

 5         (4)  To advise and render aid to state agencies and

 6  political subdivisions of the state as to systems or methods

 7  to be used for organizing and meeting information technology

 8  requirements efficiently and effectively.

 9         (5)  To integrate the information technology systems

10  and services of state agencies.

11         (2)(6)  To adopt technical standards for the state

12  communications network information technology system which

13  will ensure assure the interconnection of computer networks

14  and information systems of agencies.

15         (7)  To assume management responsibility for any

16  integrated information technology system or service when

17  determined by the office to be economically efficient or

18  performance-effective.

19         (3)(8)  To enter into agreements related to information

20  technology with state agencies and political subdivisions of

21  the state.

22         (9)  To use and acquire, with agency concurrence,

23  information technology now owned or operated by any agency.

24         (4)(10)  To purchase from or contract with information

25  technology providers for information technology, including

26  private line services.

27         (5)(11)  To apply for, receive, and hold, and to assist

28  agencies in applying for, receiving, or holding, such

29  authorizations, patents, copyrights, trademarks, service

30  marks, licenses, and allocations or channels and frequencies

31  to carry out the purposes of this part.


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    CS for CS for SB 1974                          First Engrossed



 1         (6)(12)  To purchase, lease, or otherwise acquire and

 2  to hold, sell, transfer, license, or otherwise dispose of

 3  real, personal, and intellectual property, including, but not

 4  limited to, patents, trademarks, copyrights, and service

 5  marks.

 6         (7)(13)  To cooperate with any federal, state, or local

 7  emergency management agency in providing for emergency

 8  communications services.

 9         (8)(14)  To delegate, as necessary, to state agencies

10  the authority to purchase, lease, or otherwise acquire and to

11  use information technology or, as necessary, To control and

12  approve the purchase, lease, or acquisition and the use of all

13  information technology, including, but not limited to,

14  communications services provided as part of any other total

15  system to be used by the state or any of its agencies.

16         (15)  To acquire ownership, possession, custody, and

17  control of existing communications equipment and facilities,

18  including all right, title, interest, and equity therein, as

19  necessary, to carry out the purposes of this part. However,

20  the provisions of this subsection shall in no way affect the

21  rights, title, interest, or equity in any such equipment or

22  facilities owned by, or leased to, the state or any state

23  agency by any telecommunications company.

24         (9)(16)  To adopt rules pursuant to ss. 120.536(1) and

25  120.54 relating to communications information technology and

26  to administer the provisions of this part.

27         (17)  To provide a means whereby political subdivisions

28  of the state may use state information technology systems upon

29  such terms and under such conditions as the office may

30  establish.

31  


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    CS for CS for SB 1974                          First Engrossed



 1         (10)(18)  To apply for and accept federal funds for any

 2  of the purposes of this part as well as gifts and donations

 3  from individuals, foundations, and private organizations.

 4         (11)(19)  To monitor issues relating to communications

 5  facilities and services before the Florida Public Service

 6  Commission and, when necessary, prepare position papers,

 7  prepare testimony, appear as a witness, and retain witnesses

 8  on behalf of state agencies in proceedings before the

 9  commission.

10         (12)(20)  Unless delegated to the agencies by the

11  department Chief Information Officer, to manage and control,

12  but not intercept or interpret, communications within the

13  SUNCOM Network by:

14         (a)  Establishing technical standards to physically

15  interface with the SUNCOM Network.

16         (b)  Specifying how communications are transmitted

17  within the SUNCOM Network.

18         (c)  Controlling the routing of communications within

19  the SUNCOM Network.

20         (d)  Establishing standards, policies, and procedures

21  for access to the SUNCOM Network.

22         (e)  Ensuring orderly and reliable communications

23  services in accordance with the service level agreements

24  executed with state agencies.

25         (13)(21)  To plan, design, and conduct experiments for

26  communications information technology services, equipment, and

27  technologies, and to implement enhancements in the state

28  communications network information technology system when in

29  the public interest and cost-effective. Funding for such

30  experiments shall be derived from SUNCOM Network service

31  revenues and shall not exceed 2 percent of the annual budget


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    CS for CS for SB 1974                          First Engrossed



 1  for the SUNCOM Network for any fiscal year or as provided in

 2  the General Appropriations Act. New services offered as a

 3  result of this subsection shall not affect existing rates for

 4  facilities or services.

 5         (14)(22)  To enter into contracts or agreements, with

 6  or without competitive bidding or procurement, to make

 7  available, on a fair, reasonable, and nondiscriminatory basis,

 8  property and other structures under departmental office

 9  control for the placement of new facilities by any wireless

10  provider of mobile service as defined in 47 U.S.C. s. 153(n)

11  or s. 332(d) and any telecommunications company as defined in

12  s. 364.02 when it is determined to be practical and feasible

13  to make such property or other structures available. The

14  department office may, without adopting a rule, charge a just,

15  reasonable, and nondiscriminatory fee for the placement of the

16  facilities, payable annually, based on the fair market value

17  of space used by comparable communications facilities in the

18  state. The department office and a wireless provider or

19  telecommunications company may negotiate the reduction or

20  elimination of a fee in consideration of services provided to

21  the department office by the wireless provider or

22  telecommunications company. All such fees collected by the

23  department office shall be deposited directly into the Law

24  Enforcement Radio Operating Trust Fund, and may be used by the

25  department office to construct, maintain, or support the

26  system.

27         (23)  To provide an integrated electronic system for

28  deploying government products, services, and information to

29  individuals and businesses.

30         (a)  The integrated electronic system shall reflect

31  cost-effective deployment strategies in keeping with industry


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    CS for CS for SB 1974                          First Engrossed



 1  standards and practices, including protections and security of

 2  private information as well as maintenance of public records.

 3         (b)  The office shall provide a method for assessing

 4  fiscal accountability for the integrated electronic system and

 5  shall establish the organizational structure required to

 6  implement this system.

 7         (24)  To provide administrative support to the Agency

 8  Chief Information Officers Council and other workgroups

 9  created by the Chief Information Officer.

10         (25)  To facilitate state information technology

11  education and training for senior management and other agency

12  staff.

13         (26)  To prepare, on behalf of the Executive Office of

14  the Governor, memoranda on recommended guidelines and best

15  practices for information resources management, when

16  requested.

17         (27)  To prepare, publish, and disseminate the State

18  Annual Report on Enterprise Resource Planning and Management

19  under s. 282.310.

20         (28)  To study and make a recommendation to the

21  Governor and Legislature on the feasibility of implementing

22  online voting in this state.

23         (29)  To facilitate the development of a network access

24  point in this state, as needed.

25         (30)  To designate a State Chief Privacy Officer who

26  shall be responsible for the continual review of policies,

27  laws, rules, and practices of state agencies which may affect

28  the privacy concerns of state residents.

29         Section 19.  Subsection (1) of section 282.103, Florida

30  Statutes, is amended to read:

31  


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    CS for CS for SB 1974                          First Engrossed



 1         282.103  SUNCOM Network; exemptions from the required

 2  use.--

 3         (1)  There is created within the Department of

 4  Management Services State Technology Office the SUNCOM Network

 5  which shall be developed to serve as the state communications

 6  system for providing local and long-distance communications

 7  services to state agencies, political subdivisions of the

 8  state, municipalities, state universities, and nonprofit

 9  corporations pursuant to ss. 282.102-282.111 ss.

10  282.101-282.111. The SUNCOM Network shall be developed to

11  transmit all types of communications signals, including, but

12  not limited to, voice, data, video, image, and radio. State

13  agencies shall cooperate and assist in the development and

14  joint use of communications systems and services.

15         Section 20.  Subsections (1) and (2) of section

16  282.107, Florida Statutes, are amended to read:

17         282.107  SUNCOM Network; criteria for usage.--

18         (1)  The Department of Management Services State

19  Technology Office shall periodically review the qualifications

20  of subscribers using the state SUNCOM Network and shall

21  terminate services provided to any facility not qualified

22  pursuant to ss. 282.102-282.111 ss. 282.101-282.111 or rules

23  adopted hereunder.  In the event of nonpayment of invoices by

24  subscribers whose SUNCOM Network invoices are paid from

25  sources other than legislative appropriations, such nonpayment

26  represents good and sufficient reason to terminate service.

27         (2)  The Department of Management Services State

28  Technology Office shall adopt rules for implementing and

29  operating the state SUNCOM Network, which shall include

30  setting forth its procedures for withdrawing and restoring

31  authorization to use the state SUNCOM Network. Such rules


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    CS for CS for SB 1974                          First Engrossed



 1  shall provide a minimum of 30 days' notice to affected parties

 2  prior to termination of voice communications service.

 3         Section 21.  Paragraph (b) of subsection (3) and

 4  subsection (4) of section 339.155, Florida Statutes, are

 5  amended to read:

 6         339.155  Transportation planning.--

 7         (3)  FORMAT, SCHEDULE, AND REVIEW.--The Florida

 8  Transportation Plan shall be a unified, concise planning

 9  document that clearly defines the state's long-range

10  transportation goals and objectives and documents the

11  department's short-range objectives developed to further such

12  goals and objectives. The plan shall include a glossary that

13  clearly and succinctly defines any and all phrases, words, or

14  terms of art included in the plan, with which the general

15  public may be unfamiliar and shall consist of, at a minimum,

16  the following components:

17         (b)  A short-range component documenting the short-term

18  objectives and strategies necessary to implement the goals and

19  long-term objectives contained in the long-range component.

20  The short-range component must define the relationship between

21  the long-range goals and the short-range objectives, specify

22  those objectives against which the department's achievement of

23  such goals will be measured, and identify transportation

24  strategies necessary to efficiently achieve the goals and

25  objectives in the plan. It must provide a policy framework

26  within which the department's legislative budget request, the

27  strategic information resource management plan, and the work

28  program are developed. The short-range component shall serve

29  as the department's annual agency strategic plan pursuant to

30  s. 186.021. The short-range component shall be developed

31  consistent with the requirements of s. 186.022 and consistent


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    CS for CS for SB 1974                          First Engrossed



 1  with available and forecasted state and federal funds. In

 2  addition to those entities listed in s. 186.022, The

 3  short-range component shall also be submitted to the Florida

 4  Transportation Commission.

 5         (4)  ANNUAL PERFORMANCE REPORT.--The department shall

 6  develop an annual performance report evaluating the operation

 7  of the department for the preceding fiscal year. The report,

 8  which shall meet the requirements of s. 186.022, shall also

 9  include a summary of the financial operations of the

10  department and shall annually evaluate how well the adopted

11  work program meets the short-term objectives contained in the

12  short-range component of the Florida Transportation Plan. In

13  addition to the entities listed in s. 186.022, This

14  performance report shall also be submitted to the Florida

15  Transportation Commission and the legislative appropriations

16  and transportation committees.

17         Section 22.  Subsection (7) of section 381.90, Florida

18  Statutes, is amended to read:

19         381.90  Health Information Systems Council; legislative

20  intent; creation, appointment, duties.--

21         (7)  The council's duties and responsibilities include,

22  but are not limited to, the following:

23         (a)  By June 1 of each year, to develop and approve a

24  strategic plan pursuant to the requirements set forth in s.

25  186.022.

26         (a)(b)  To develop a mission statement, goals, and plan

27  of action, based on the guiding principles specified in s.

28  282.3032, for the identification, collection, standardization,

29  sharing, and coordination of health-related data across

30  federal, state, and local government and private-sector

31  entities.


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    CS for CS for SB 1974                          First Engrossed



 1         (b)(c)  To develop a review process to ensure

 2  cooperative planning among agencies that collect or maintain

 3  health-related data.

 4         (c)(d)  To create ad hoc issue-oriented technical

 5  workgroups, on an as-needed basis, to make recommendations to

 6  the council.

 7         Section 23.  Subsection (4) of section 403.973, Florida

 8  Statutes, is amended to read:

 9         403.973  Expedited permitting; comprehensive plan

10  amendments.--

11         (4)  The office may delegate to a Quick Permitting

12  County designated under s. 288.1093 the responsibility for

13  convening regional permit teams and, in consultation with the

14  office, for certifying as eligible for expedited review

15  projects that meet the criteria of subsection (3) and that are

16  consistent with the economic goals of the county. In order to

17  receive such a delegation, the Quick Permitting County must

18  hold the public hearing required under subsection (7) and

19  agree to execute a memorandum of agreement for each qualified

20  project.

21         Section 24.  Paragraph (h) of subsection (8) of section

22  408.05, Florida Statutes, is amended to read:

23         408.05  Florida Center for Health Information and

24  Policy Analysis.--

25         (8)  STATE CONSUMER HEALTH INFORMATION AND POLICY

26  ADVISORY COUNCIL.--

27         (h)  The council's duties and responsibilities include,

28  but are not limited to, the following:

29         1.  To develop a mission statement, goals, and a plan

30  of action based on the guiding principles specified in s.

31  282.3032 for the identification, collection, standardization,


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    CS for CS for SB 1974                          First Engrossed



 1  sharing, and coordination of health-related data across

 2  federal, state, and local government and private sector

 3  entities.

 4         2.  To develop a review process to ensure cooperative

 5  planning among agencies that collect or maintain

 6  health-related data.

 7         3.  To create ad hoc issue-oriented technical

 8  workgroups on an as-needed basis to make recommendations to

 9  the council.

10         Section 25.  Paragraph (b) of subsection (4) of section

11  420.0003, Florida Statutes, is amended to read:

12         420.0003  State housing strategy.--

13         (4)  IMPLEMENTATION.--The Department of Community

14  Affairs and the Florida Housing Finance Corporation in

15  carrying out the strategy articulated herein shall have the

16  following duties:

17         (b)  The agency strategic plan of the Department of

18  Community Affairs, prepared pursuant to the provisions of ss.

19  186.021 and 186.022, shall include specific goals, objectives,

20  and strategies that implement the housing policies in this

21  section and shall include the strategic plan for housing

22  production prepared by the corporation pursuant to s. 420.511.

23         Section 26.  Subsection (2) of section 420.511, Florida

24  Statutes, is amended to read:

25         420.511  Business plan; strategic plan; annual

26  report.--

27         (2)  The corporation, in equal partnership with the

28  department, shall develop annually a strategic plan for the

29  provision of affordable housing in Florida as part of the

30  department's agency strategic plan required pursuant to

31  chapter 186. In part, the plan shall include provisions that


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    CS for CS for SB 1974                          First Engrossed



 1  maximize the abilities of the corporation and the department

 2  to implement the state housing strategy established under s.

 3  420.0003, to respond to federal housing initiatives, and to

 4  develop programs in a manner that is more responsive to the

 5  needs of public and private partners. The plan shall be

 6  developed on a schedule consistent with that established by s.

 7  ss. 186.021 and 186.022. For purposes of this act, the

 8  executive director or his or her designee shall serve as the

 9  corporation's representative to achieve a coordinated and

10  integrated planning relationship with the department.

11         Section 27.  Subsection (3) of section 943.08, Florida

12  Statutes, is amended to read:

13         943.08  Duties; Criminal and Juvenile Justice

14  Information Systems Council.--

15         (3)  The council shall develop and approve a long-range

16  program strategic plan pursuant to the requirements set forth

17  in s. 186.021 s. 186.022. Copies of the approved plan shall be

18  transmitted, electronically or in writing, to the Executive

19  Office of the Governor, the Speaker of the House of

20  Representatives, the President of the Senate, and the council

21  members.

22         Section 28.  For the 2007-2008 fiscal year, the sum of

23  $1,100,160 in recurring funds is appropriated from the General

24  Revenue Fund and 10 full-time equivalent positions with an

25  associated salary rate of 732,000 are authorized to the Agency

26  for Enterprise Information Technology to carry out the duties

27  as provided in this act.

28         Section 29.  For the 2007-2008 fiscal year, the sum of

29  $581,751 in recurring funds is appropriated from the General

30  Revenue Fund and five full-time equivalent positions with an

31  associated salary rate of 342,577 are authorized to the Agency


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    CS for CS for SB 1974                          First Engrossed



 1  for Enterprise Information Technology to carry out the duties

 2  of information security as provided in this act.

 3         Section 30.  The unexpended balance of funds provided

 4  in Specific Appropriation 2243A of chapter 2006-25, Laws of

 5  Florida, shall revert July 1, 2007, and is appropriated for

 6  the 2007-2008 fiscal year for any efforts to consolidate data

 7  center operations at the Technology Resource Center which are

 8  cost-effective or for the purpose of offsetting any temporary

 9  revenue shortfalls of the Technology Resource Center during

10  the transition to a full cost-recovery plan.

11         Section 31.  For the 2007-2008 fiscal year, the sum of

12  $350,000 from nonrecurring funds is appropriated from the

13  General Revenue Fund to the Agency for Enterprise Information

14  Technology to contract for a feasibility study for a customer

15  relationship management system that defines and establishes

16  all state agency requirements for receiving, managing,

17  responding to, tracking, and reporting on telephone, e-mail,

18  personnel, and other communications received from the public.

19         Section 32.  For the 2007-2008 fiscal year, the sum of

20  $300,000 from nonrecurring funds is appropriated from the

21  General Revenue Fund to the Executive Office of the Governor

22  to contract for services to develop a process to review and

23  analyze nonenterprise agency information technology requests.

24         Section 33.  This act shall take effect July 1, 2007.

25  

26  

27  

28  

29  

30  

31  


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