Florida Senate - 2011 SB 2126
By the Committee on Budget
576-03496-11 20112126__
1 A bill to be entitled
2 An act relating to the Department of Management
3 Services; amending s. 110.181, F.S.; providing for the
4 reimbursement to the department of actual costs for
5 coordinating the Florida State Employee’s Charitable
6 Campaign; amending ss. 216.0158 and 216.043, F.S.;
7 requiring the cost factors for a fixed capital outlay
8 project to include an estimate for the finishing of
9 interiors; amending s. 216.182, F.S.; requiring the
10 standards for use of a project to include an analysis
11 of the cost of the constructed space; amending s.
12 216.301, F.S.; requiring that cost savings realized
13 when actual costs are less than the projected costs
14 for a fixed capital outlay project be used to reduce
15 the overall construction costs; specifying that
16 additional purchases may not be made if they are not
17 included in the approved plan; amending s. 255.043,
18 F.S.; defining the term “art”; prohibiting the
19 purchase of art using public funds except as
20 authorized by law; amending s. 255.29, F.S.; requiring
21 the department to adopt standards for materials and
22 components used in the construction of a fixed capital
23 outlay project; providing criteria; requiring written
24 justification and analysis if a material or component
25 does not meet the standards; amending s. 255.30, F.S.;
26 clarifying the meaning of supervisory authority in the
27 context of the delegation of authority to a state
28 agency by the department; amending s. 273.055, F.S.;
29 deleting provisions requiring department approval for
30 the disposal of state-owned aircraft; amending s.
31 282.0041, F.S.; revising a cross-reference; amending
32 s. 282.702, F.S.; revising the powers and duties of
33 the department relating to state telecommunications;
34 requiring additional items relating to SUNCOM to be
35 included in the department’s annual report; requiring
36 the department to submit an annual benchmark
37 comparison of SUNCOM rates to other rates to the
38 Governor and Legislature; requiring the department to
39 work with the Agency for Enterprise Information
40 Technology to produce a feasibility analysis for
41 reprocuring the telecommunications network and to
42 submit the analysis to the Governor and the
43 Legislature by a certain date; requiring state
44 agencies to cooperate with the department; requiring
45 the Department of Transportation to provide certain
46 information to assist the department in conducting the
47 feasibility analysis and to develop procedures for
48 disposing of property at less than fair market value;
49 requiring the Department of Transportation to
50 establish certain procedures in the state’s right-of
51 way manual, providing criteria; amending s. 282.703,
52 F.S.; prohibiting state agencies from creating a
53 telecommunications network outside the SUNCOM network;
54 requiring violations to be reported; requiring the
55 department to develop a competitive solicitation to
56 procure end-to-end network services by a certain date;
57 requiring vendors to respond by a certain date;
58 providing the specifications for the procurement;
59 requiring all state agencies to complete the
60 transition to the network services by a certain date;
61 requiring state agencies to cooperate in the
62 procurement; amending s. 287.16, F.S.; removing
63 references to state-owned or leased aircraft; removing
64 a requirement that the department report to the
65 Legislature on the use of aircraft in the executive
66 pool; repealing s. 287.161, F.S., relating to the
67 executive aircraft pool; amending s. 287.17, F.S.;
68 removing the provision that authorizes certain persons
69 to use state-owned aircraft; removing the provision
70 requiring payment by certain persons for the use of
71 state-owned aircraft; amending ss. 318.18 and 318.21,
72 F.S.; delaying the expiration of provisions imposing a
73 surcharge on certain offenses and traffic violations,
74 the proceeds of which are deposited into the State
75 Agency Law Enforcement Radio System Trust Fund of the
76 department; creating s. 760.12, F.S.; requiring that
77 an aggrieved person pay a filing fee when requesting
78 an administrative hearing under ch. 760, F.S.,
79 relating to discrimination in the treatment of
80 persons; providing an exception for a person who is
81 indigent; providing an effective date.
82
83 Be It Enacted by the Legislature of the State of Florida:
84
85 Section 1. Paragraph (b) of subsection (2) of section
86 110.181, Florida Statutes, is amended to read:
87 110.181 Florida State Employees’ Charitable Campaign.—
88 (2) SELECTION OF FISCAL AGENTS; COST.—
89 (b) The fiscal agent shall withhold the reasonable costs
90 for conducting the campaign and for accounting and distribution
91 to the participating organizations and shall reimburse the
92 department the actual cost, not to exceed 1 percent of gross
93 pledges, for coordinating the campaign in accordance with the
94 rules of the department. In any fiscal year in which the
95 Legislature specifically appropriates to the department its
96 total costs for coordinating the campaign from the General
97 Revenue Fund, the fiscal agent is not required to reimburse such
98 costs to the department under this subsection. Otherwise,
99 reimbursement will be the difference between actual costs and
100 the amount appropriated.
101 Section 2. Paragraph (c) of subsection (5) of section
102 216.0158, Florida Statutes, is amended to read:
103 216.0158 Assessment of facility needs.—
104 (5) Each plan for years 2 through 5 shall provide the
105 following information:
106 (c) An application of cost factors to all elements of each
107 project, including the finishing of the interior, to establish
108 an estimate of funding requirements.
109 Section 3. Paragraph (d) of subsection (3) of section
110 216.043, Florida Statutes, is amended to read:
111 216.043 Budgets for fixed capital outlay.—
112 (3) Each legislative budget request for fixed capital
113 outlay submitted shall contain:
114 (d) An application of cost factors to all elements of each
115 project, including the finishing of the interior, to establish
116 an estimate of funding requirements.
117 Section 4. Subsection (1) of section 216.182, Florida
118 Statutes, is amended to read:
119 216.182 Approval of fixed capital outlay program plan.—
120 (1) The Executive Office of the Governor shall have the
121 authority to approve the program plan of fixed capital outlay
122 projects to ensure assure that each is consistent with
123 legislative policies for operations, including approved
124 operational standards related to program and utilization and
125 reasonable continuing operating costs. The standards for use
126 must include an analysis of the cost per square foot of the
127 constructed space, less the amount of space necessary for the
128 public such as meeting rooms and auditoriums, compared to the
129 number of employees projected to work in the building.
130 Section 5. Subsection (3) is added to section 216.301,
131 Florida Statutes, to read:
132 216.301 Appropriations; undisbursed balances.—
133 (3) If the actual cost of any component of a fixed capital
134 outlay project is less than the anticipated cost, the difference
135 must be used to reduce the overall construction cost and may not
136 be used for purchases that were not included in the approved
137 plan.
138 Section 6. Present subsection (4) of section 255.043,
139 Florida Statutes, is redesignated as subsection (6) and amended,
140 and new subsections (4), (5), and (7) are added to that section,
141 to read:
142 255.043 Art in state buildings.—
143 (4) As used in this section, the term “art” means an
144 original object or work produced by an artist and includes bas
145 relief, ceramic, craft, environmental piece, fiber, fountain,
146 glass, kinetic, light sculpture, mixed media, mobile, mosaic,
147 mural, photography, print, sculpture, tapestry, wall hanging,
148 digital media, or framed drawing intended to be displayed for
149 the decoration of a public area of a state building.
150 (5) Other decorative items, such as reproductions of
151 existing art, including framed or unframed photographs or mass
152 produced decorative items, may not be purchased pursuant to this
153 section.
154 (6)(4) The Department of State may adopt shall be
155 authorized to promulgate rules to administer implement this
156 section.
157 (7) This section constitutes the sole authorization for the
158 use of public funds to purchase works of art for display in
159 state buildings.
160 Section 7. Subsection (5) is added to section 255.29,
161 Florida Statutes, to read:
162 255.29 Construction contracts; department rules.—The
163 Department of Management Services shall establish, through the
164 adoption of administrative rules as provided in chapter 120:
165 (5) Standards for materials and components used in the
166 construction of a fixed capital outlay project must consider:
167 (a) The cost compared to durability of a material or
168 component;
169 (b) The cost savings that a material or component can
170 produce over periods of time compared to the up-front cost of
171 the material or component; and
172 (c) The location of the material or component with respect
173 to public access. Greater consideration may be given to
174 aesthetics in the public areas of a public facility.
175
176 The specification and use of a material or component that does
177 not meet the standards adopted by the department must include
178 written justification for the specification and an analysis of
179 the costs of the material or component compared to the described
180 benefits.
181 Section 8. Subsection (1) of section 255.30, Florida
182 Statutes, is amended to read:
183 255.30 Fixed capital outlay projects; department rules;
184 delegation of supervisory authority; delegation of
185 responsibility for accounting records.—
186 (1) The Department of Management Services shall make and
187 adopt rules pursuant to chapter 120 in order to establish a
188 procedure for delegating to state agencies its supervisory
189 authority as it relates to the repair, alteration, and
190 construction of fixed capital outlay projects. The supervisory
191 authority includes overseeing the performance of the contractor,
192 ensuring compliance with applicable laws, and monitoring costs
193 to ensure that the costs are consistent with the contract. The
194 department shall establish procedures that an agency must use to
195 report a cost that exceeds the amount allotted in the contract.
196 Section 9. Subsection (4) of section 273.055, Florida
197 Statutes, is amended to read:
198 273.055 Disposition of state-owned tangible personal
199 property.—
200 (4) Each custodian shall adopt guidelines or administrative
201 rules and regulations pursuant to chapter 120 providing for, but
202 not limited to, transferring, warehousing, bidding, destroying,
203 scrapping, or other disposing of state-owned tangible personal
204 property. However, the approval of the Department of Management
205 Services is required prior to the disposal of motor vehicles or,
206 watercraft, or aircraft pursuant to ss. 287.15 and 287.16.
207 Section 10. Subsection (25) of section 282.0041, Florida
208 Statutes, is amended to read:
209 282.0041 Definitions.—As used in this chapter, the term:
210 (25) “SUNCOM Network” means the state enterprise
211 telecommunications system that provides all methods of
212 electronic or optical telecommunications beyond a single
213 building or contiguous building complex and used by entities
214 authorized as network users under part III of this chapter part.
215 Section 11. Section 282.702, Florida Statutes, is amended
216 to read:
217 282.702 Powers and duties.—The department of Management
218 Services shall have the following powers, duties, and functions:
219 (1) To publish electronically the portfolio of services
220 available from the department electronically, including pricing
221 information,; the policies and procedures governing usage of
222 available services,; and a forecast of the department’s
223 priorities for each telecommunications service based on
224 demonstrated business need and anticipated customer use.
225 (2) To adopt technical standards by rule for the state
226 telecommunications network which ensure efficient and cost
227 effective the interconnection and operational security of
228 computer networks, telecommunications, and information systems
229 of agencies. The technical standards must be open in order to
230 enable alternative network sourcing.
231 (3) To enter into agreements related to information
232 technology and telecommunications services with state agencies
233 and political subdivisions of the state.
234 (4) To purchase from or contract with information
235 technology providers for information technology, including
236 private line services.
237 (5) To apply for, receive, and hold authorizations,
238 patents, copyrights, trademarks, service marks, licenses, and
239 allocations or channels and frequencies to carry out the
240 purposes of this part.
241 (6) To purchase, lease, or otherwise acquire and to hold,
242 sell, transfer, license, or otherwise dispose of real, personal,
243 and intellectual property, including, but not limited to,
244 patents, trademarks, copyrights, and service marks.
245 (7) To cooperate with any federal, state, or local
246 emergency management agency in providing for emergency
247 telecommunications services.
248 (8) To establish and enforce a process for controlling and
249 approving control and approve the purchase, lease, or
250 acquisition and the use of telecommunications services,
251 software, circuits, and equipment, including premise equipment,
252 provided as part of the SUNCOM Network, any other total
253 telecommunications system to be used by the state or its
254 agencies. Requests for such products or services must be
255 justified using actual utilization data or modeling of future
256 utilization based on specific business requirements.
257 (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
258 relating to telecommunications and to administer the provisions
259 of this part.
260 (10) To apply for and accept federal funds for the purposes
261 of this part as well as gifts and donations from individuals,
262 foundations, and private organizations.
263 (11) To monitor issues relating to telecommunications
264 facilities and services before the Florida Public Service
265 Commission and the Federal Communications Commission and, if
266 necessary, prepare position papers, prepare testimony, appear as
267 a witness, and retain witnesses on behalf of state agencies in
268 proceedings before the commissions.
269 (12) Unless delegated to the agencies by the department, To
270 manage and control, but not intercept or interpret,
271 telecommunications within the SUNCOM Network by:
272 (a) Establishing technical standards to physically
273 interface with the SUNCOM Network.
274 (b) Specifying how telecommunications are transmitted
275 within the SUNCOM Network.
276 (c) Controlling the routing of telecommunications within
277 the SUNCOM Network.
278 (d) Establishing standards, policies, and procedures for
279 access to and the security of the SUNCOM Network.
280 (e) Ensuring orderly and reliable telecommunications
281 services in accordance with the service level agreements
282 executed with state agencies which specify minimum requirements
283 to meet the business needs of the state agencies and other
284 network users.
285 (13) To plan, design, and conduct experiments for
286 telecommunications services, equipment, and technologies, and to
287 implement enhancements in the state telecommunications network
288 if such enhancements are verified and approved by the Agency for
289 Enterprise Information Technology as being in the public
290 interest and cost-effective. Funding for such experiments must
291 be derived from SUNCOM Network service revenues and may not
292 exceed 2 percent of the annual budget for the SUNCOM Network for
293 any fiscal year or as provided in the General Appropriations
294 Act. New services offered as a result of this subsection may not
295 affect existing rates for facilities or services.
296 (14) To enter into contracts or agreements, with or without
297 competitive bidding or procurement, and to make available, on a
298 fair, reasonable, and nondiscriminatory basis, property and
299 other structures under departmental control for the placement of
300 new facilities by a any wireless provider of mobile service as
301 defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
302 telecommunications company as defined in s. 364.02 if it is
303 practical and feasible to make such property or other structures
304 available.
305 (a) The department may, without adopting a rule, charge a
306 just, reasonable, and nondiscriminatory fee for the placement of
307 the facilities, payable annually, based on the fair market value
308 of space used by comparable telecommunications facilities in the
309 state.
310 (b) The department and a wireless provider or
311 telecommunications company may negotiate the reduction or
312 elimination of a fee in consideration of services provided to
313 the department by the wireless provider or telecommunications
314 company.
315 (c) All such fees collected by the department shall be
316 deposited directly into the Law Enforcement Radio Operating
317 Trust Fund, and may be used by the department to construct,
318 maintain, or support the system.
319 (15) To establish policies that ensure that the
320 department’s cost-recovery methodologies, billings, receivables,
321 expenditures, budgeting, and accounting data are captured and
322 reported timely, efficiently, consistently, accurately, and
323 transparently and are in compliance with all applicable federal
324 and state laws and rules. The department, in coordination with
325 the Agency for Enterprise Information Technology, shall annually
326 produce and submit a report by October 1, to the Governor, the
327 President of the Senate, and the Speaker of the House of
328 Representatives which a report that describes each service and
329 its cost, the billing methodology for recovering the cost of the
330 service, and, if applicable, the identity of those services that
331 are subsidized. The report must also identify the customers of
332 each service, the purchased and utilized capacity of each SUNCOM
333 Network service for each state agency customer, and the
334 recommendations to improve the efficiency and effectiveness of
335 SUNCOM Network services provided by the service provider. The
336 recommendations may include:
337 (a) Policies for improving the cost-effectiveness and
338 efficiency of the design, operation, or management of the
339 network or utilization of the network by its state agency
340 customers.
341 (b) Infrastructure improvements supporting the network or
342 preempting the need for additional capital investment for
343 expanded or enhanced telecommunications facilities.
344 (c) Standards and processes for improving contract
345 management and for providing transparent financial data to user
346 agencies.
347 (d) Consolidation of contracting practices or coordination
348 of telecommunications network software, hardware, or other
349 technology-related procurements.
350 (e) Improvements to SUNCOM Network governance structures.
351 (16) To submit to the Governor, the President of the
352 Senate, and the Speaker of the House of Representatives an
353 annual benchmark comparison of the current rates for SUNCOM
354 Network services with rates for comparable services available in
355 the telecommunications market.
356 (17) In coordination with the Agency for Enterprise
357 Information Technology, to produce a feasibility analysis of the
358 options for reprocuring end-to-end network services, including
359 services provided by the statewide area network, metropolitan
360 area networks, and local area networks, which may be provided by
361 each state agency. The scope of this service does not include
362 wiring or file and print server infrastructure. The feasibility
363 analysis must determine the technical and economic feasibility
364 of using existing resources and infrastructure that are owned or
365 used by state entities in the provision or receipt of network
366 services, which include, but are not limited to, the Florida
367 Lambda Rail, the Department of Transportation dark fiber, and
368 the Tallahassee Fiber Loop of the Northwest Regional Data
369 Center, in order to reduce the cost of network services for the
370 state.
371 (a) The feasibility analysis, at a minimum, must include:
372 1. A definition and assessment of the current portfolio of
373 services, the network services that are provided by each agency,
374 and a forecast of anticipated changes in network service needs
375 which considers specific agency business needs and the
376 implementation of enterprise services established under this
377 chapter.
378 2. A description of any limitations or enhancements in the
379 network, including any technical or logistical challenges
380 relating to central provisioning of local area network services
381 currently provided and supported by each agency. The analysis
382 shall also address changes in usage patterns which can
383 reasonably be expected due to the consolidation of agency data
384 centers or the specific business needs of state agencies and
385 other customers of services.
386 3. An analysis and comparison of the risks associated with
387 the current service delivery models, and at least two other
388 options that leverage the existing resources and infrastructure
389 identified in this subsection. Options may include multi-vendor
390 and segmented contracting options. All sourcing options must
391 produce a service that can be used by schools and other
392 qualified entities that seek federal grants provided through the
393 Universal Service Fund program.
394 4. A cost-benefit analysis that estimates all major cost
395 elements associated with each sourcing option, focusing on the
396 nonrecurring and recurring life-cycle costs of the proposal in
397 order to determine the financial feasibility of each sourcing
398 option. The cost-benefit analysis must include:
399 a. The total recurring operating costs of the proposed
400 state network service, including estimates of monthly charges,
401 staffing, billing, licenses and maintenance, hardware, and other
402 related costs.
403 b. An estimate of nonrecurring costs associated with
404 construction, transmission lines, premises and switching
405 hardware purchase and installation, and required software based
406 on the proposed solution.
407 c. An estimate of other critical costs associated with the
408 current and proposed sourcing options for the state network.
409 5. Recommendations for reducing current costs associated
410 with statewide network services. The department shall consider
411 the following in developing the recommendations:
412 a. Leveraging existing resources and expertise.
413 b. Implementing more effective state information technology
414 policies.
415 c. Standardizing the level of service provision to customer
416 entities.
417 6. A detailed timeline for the complete procurement and
418 transition to a more efficient and cost-effective solution.
419 (b) The feasibility analysis must be submitted by March 1,
420 2012, to the Governor, the President of the Senate, and the
421 Speaker of the House of Representatives.
422 (c) State agencies must fully cooperate with the department
423 and the Agency for Enterprise Information Technology in the
424 performance of their responsibilities under this subsection.
425 Section 12. For purposes of conducting the feasibility
426 analysis required under s. 282.702, Florida Statutes, as
427 required by this act, the Department of Transportation shall
428 provide to the Department of Management Services by November 1,
429 2011, a comprehensive inventory and capacity assessment,
430 including current and projected utilization, of the fiber
431 infrastructure used for the Intelligent Transportation System,
432 including dark fiber. Pursuant to 23 C.F.R s. 710.409, the
433 Department of Transportation shall establish necessary
434 procedures in the state’s right-of-way operations manual for
435 rental, leasing, maintenance, and disposal of real property
436 acquired with funds provided under Title 23 of the Unites States
437 Code. Such procedures must include a process and criteria for
438 evaluating proposals for the use or disposal of such property at
439 less than fair market value for an overall social,
440 environmental, or economic purpose that is in the public
441 interest.
442 Section 13. Section 282.703, Florida Statutes, is amended
443 to read:
444 282.703 SUNCOM Network; exemptions from the required use.—
445 (1) The SUNCOM Network is established within the department
446 as the state enterprise telecommunications system for providing
447 local and long-distance telecommunications communications
448 services to state agencies, political subdivisions of the state,
449 municipalities, and nonprofit corporations pursuant to this
450 part. The SUNCOM Network shall be developed to transmit all
451 types of telecommunications signals, including, but not limited
452 to, voice, data, video, image, and radio. State agencies shall
453 cooperate and assist in the development and joint use of
454 telecommunications systems and services.
455 (2) The department shall procure and design, engineer,
456 implement, manage, and operate through state ownership,
457 commercial leasing, contracted services, or some combination
458 thereof, the facilities, equipment, and contracts providing
459 SUNCOM Network services, and shall develop a system of equitable
460 billings and charges for telecommunications services.
461 (3) The department shall own, manage, and establish
462 standards for the telecommunications addressing and numbering
463 plans for the SUNCOM Network. This includes distributing or
464 revoking numbers and addresses to authorized users of the
465 network and delegating or revoking the delegation of management
466 of subsidiary groups of numbers and addresses to authorized
467 users of the network.
468 (4) The department shall maintain a directory of
469 information and services which provides the names, phone
470 numbers, and e-mail addresses for employees, agencies, and
471 network devices that are served, in whole or in part, by the
472 SUNCOM Network. State agencies and political subdivisions of the
473 state shall cooperate with the department by providing timely
474 and accurate directory information in the manner established by
475 the department.
476 (5) All state agencies shall use the SUNCOM Network for
477 agency telecommunications services as the services become
478 available. Unless otherwise authorized by law or as provided in
479 paragraph (a), a state agency may not create a new
480 telecommunications network or expand current telecommunications
481 outside the SUNCOM Network service.; However, an agency is not
482 relieved of responsibility for obtaining maintaining
483 telecommunications services necessary for the effective
484 management of its programs and functions. The department may
485 provide such communications services to a state university if
486 requested by the university.
487 (a) If a SUNCOM Network service does not meet the
488 telecommunications requirements of an agency, the agency must
489 request an exemption notify the department in writing which
490 provides a detailed description of the business and detail the
491 requirements for the needed that service. If the department is
492 unable to meet an agency’s requirements by enhancing SUNCOM
493 Network service, the department may grant the agency an
494 exemption from the required use of specified SUNCOM Network
495 services.
496 (b) Unless an exemption has been granted by the department,
497 effective October 1, 2010, all customers of a state primary data
498 center, excluding state universities, must use the shared SUNCOM
499 Network telecommunications services connecting the state primary
500 data center to SUNCOM services for all telecommunications needs
501 in accordance with department rules.
502 1. Upon discovery of customer noncompliance with this
503 paragraph, the department shall provide the affected customer
504 with a schedule for transferring to the shared
505 telecommunications services provided by the SUNCOM Network and
506 an estimate of all associated costs. The state primary data
507 centers and their customers shall cooperate with the department
508 to accomplish the transfer.
509 2. Customers may request an exemption from this paragraph
510 in the same manner as authorized in paragraph (a).
511 (6) The department shall develop a competitive solicitation
512 for end-to-end network services, including the statewide area
513 network and management of the on-premises network equipment. The
514 primary goal of the procurement is to provide secure and
515 reliable interconnection and operation of telecommunications
516 networks to meet the business needs of state agencies for less
517 than the current cost of telecommunications services.
518 (a) The department shall issue the competitive solicitation
519 by September 1, 2012, with vendor responses required by November
520 1, 2012, or as soon as practicable.
521 (b) The competitive solicitation must permit alternative
522 financial and operational models to be proposed, including, but
523 not limited to, the use of existing resources used by state
524 agencies if technically and economically feasible. The
525 specifications for proposed models must be optimized in order to
526 meet the primary goals of the network service procurement. The
527 competitive solicitation must include detailed specifications
528 describing:
529 1. The current areawide network services for state agencies
530 and the specific business objectives met by the present system.
531 2. The minimum functional requirements necessary for
532 successful statewide implementation and operation of the network
533 service, including the responsibilities of the prospective
534 service provider and the agency.
535 3. The form and required content for submitted proposals,
536 including, but not limited to, detailed descriptions of:
537 a. The proposed system, including network management,
538 quality of service, service desk, and technical support;
539 disaster recovery and redundancy capabilities; and firewall and
540 security capabilities.
541 b. The proposed internal and external sourcing options,
542 including identification of existing resources used by state
543 entities, if any, to be used for the provision of the end-to-end
544 network services.
545 c. The proposed approach for the transition from the
546 current vendor, including implementation services, staffing
547 requirements, an implementation schedule, and a transition plan
548 that includes estimated costs and detailed timeframes to
549 complete the transition to the proposed solution.
550 4. Other optional requirements specifications if not in
551 conflict with the primary goals of the procurement.
552 (c) All agencies must complete the transition to the
553 selected statewide network service as soon as financially and
554 operationally feasible, but no later than June 30, 2014.
555 (d) Each state agency shall provide all requested
556 information and participate as required in workgroups relating
557 to business case planning and implementation tasks necessary to
558 accomplish the goals of the procurement.
559 (7)(6) This section does not may not be construed to
560 require a state university to use SUNCOM Network communication
561 services.
562 Section 14. Section 287.16, Florida Statutes, is amended to
563 read:
564 287.16 Powers and duties of department.—The Department of
565 Management Services shall have the following powers, duties, and
566 responsibilities:
567 (1) To obtain the most effective and efficient use of motor
568 vehicles and, watercraft, and aircraft for state purposes.
569 (2) To establish and operate central facilities for the
570 acquisition, disposal, operation, maintenance, repair, storage,
571 supervision, control, and regulation of all state-owned or
572 state-leased aircraft, watercraft, and motor vehicles and to
573 operate any state facilities for those purposes. Acquisition may
574 be by purchase, lease, loan, or in any other legal manner. The
575 department may contract for the maintenance of motor vehicles.
576 (3) In its discretion, to require every state agency to
577 transfer its ownership, custody, and control of every aircraft
578 and motor vehicle, and associated maintenance facilities and
579 equipment, except those used principally for law enforcement,
580 state fire marshal, or fire control purposes, to the Department
581 of Management Services, including all right, title, interest,
582 and equity therein.
583 (4) Upon requisition and showing of need, to assign
584 suitable aircraft or motor vehicles, on a temporary (for a
585 period up to and including 1 month) or permanent (for a period
586 from 1 month up to and including 1 full year) basis, to any
587 state agency.
588 (5) To allocate and charge fees to the state agencies to
589 which aircraft or motor vehicles are furnished, based upon any
590 reasonable criteria.
591 (6) To adopt and enforce rules and regulations for the
592 efficient and safe use, operation, maintenance, repair,
593 disposal, and replacement of all state-owned or state-leased
594 aircraft, watercraft, and motor vehicles and to require the
595 placement of appropriate stickers, decals, or other markings
596 upon them. The department may delegate to the respective heads
597 of the agencies to which aircraft, watercraft, and motor
598 vehicles are assigned the duty of enforcing the rules and
599 regulations adopted by the department.
600 (7) To contract for specialized maintenance services.
601 (8) To require any state agency to keep records and make
602 reports regarding aircraft and motor vehicles to the department
603 as may be required. The Department of Highway Safety and Motor
604 Vehicles shall use a reporting system approved by the
605 department.
606 (9) To establish and operate central facilities to
607 determine the mode of transportation to be used by state
608 employees traveling on official state business and to schedule
609 and coordinate use of state-owned or state-leased aircraft and
610 passenger-carrying vehicles to ensure assure maximum utilization
611 of state aircraft, motor vehicles, and employee time by ensuring
612 assuring that employees travel by the most practical and
613 economical mode of travel. The department shall consider the
614 number of employees making the trip to the same location, the
615 most efficient and economical means of travel considering the
616 time of the employee, transportation cost and subsistence
617 required, the urgency of the trip, and the nature and purpose of
618 the trip.
619 (10) To provide the Legislature annual reports at the end
620 of each calendar year concerning the utilization of all aircraft
621 in the executive pool.
622 (10)(11) To calculate biennially the break-even mileage at
623 which it becomes cost-effective for the state to provide
624 assigned motor vehicles to employees. The Support Program shall
625 provide the information to agency heads and agency inspectors
626 general to assist them in meeting the reporting requirements of
627 s. 20.055.
628 (11)(12) To conduct, in coordination with the Department of
629 Transportation, an analysis of fuel additive and biofuel use by
630 the Department of Transportation through its central fueling
631 facilities. The department shall encourage other state
632 government entities to analyze transportation fuel usage,
633 including the different types and percentages of fuels consumed,
634 and report such information to the department.
635 Section 15. Section 287.161, Florida Statutes, is repealed.
636 Section 16. Subsections (5) and (6) of section 287.17,
637 Florida Statutes, are amended to read:
638 287.17 Limitation on use of motor vehicles and aircraft.—
639 (5) A person who is not otherwise authorized in this
640 section may accompany the Governor, the Lieutenant Governor, a
641 member of the Cabinet, the President of the Senate, the Speaker
642 of the House of Representatives, or the Chief Justice of the
643 Supreme Court when such official is traveling on state aircraft
644 for official state business and the aircraft is traveling with
645 seats available. Transportation of a person accompanying any
646 official specified in this subsection shall be approved by the
647 official, who shall also guarantee payment of the transportation
648 charges. When the person accompanying such official is not
649 traveling on official state business as provided in this
650 section, the transportation charge shall be a prorated share of
651 all fixed and variable expenses related to the ownership,
652 operation, and use of such state aircraft. The spouse or
653 immediate family members of any official specified in this
654 subsection may, with payment of transportation charges,
655 accompany the official when such official is traveling for
656 official state business and the aircraft has seats available.
657 (6) It is the intention of the Legislature that persons
658 traveling on state aircraft for purposes consistent with, but
659 not necessarily constituting, official state business may travel
660 only when accompanying persons who are traveling on official
661 state business and that such persons shall pay the state for all
662 costs associated with such travel. A person traveling on state
663 aircraft for purposes other than official state business shall
664 pay for any trip not exclusively for state business by paying a
665 prorated share of all fixed and variable expenses related to the
666 ownership, operation, and use of such aircraft.
667 Section 17. Subsection (17) of section 318.18, Florida
668 Statutes, is amended to read:
669 318.18 Amount of penalties.—The penalties required for a
670 noncriminal disposition pursuant to s. 318.14 or a criminal
671 offense listed in s. 318.17 are as follows:
672 (17) In addition to any penalties imposed, a surcharge of
673 $3 must be paid for all criminal offenses listed in s. 318.17
674 and for all noncriminal moving traffic violations under chapter
675 316. Revenue from the surcharge shall be remitted to the
676 Department of Revenue and deposited quarterly into the State
677 Agency Law Enforcement Radio System Trust Fund of the Department
678 of Management Services for the state agency law enforcement
679 radio system, as described in s. 282.709, and to provide
680 technical assistance to state agencies and local law enforcement
681 agencies with their statewide systems of regional law
682 enforcement communications, as described in s. 282.7101. This
683 subsection expires July 1, 2021 2012. The Department of
684 Management Services may retain funds sufficient to recover the
685 costs and expenses incurred for managing, administering, and
686 overseeing the Statewide Law Enforcement Radio System, and
687 providing technical assistance to state agencies and local law
688 enforcement agencies with their statewide systems of regional
689 law enforcement communications. The Department of Management
690 Services working in conjunction with the Joint Task Force on
691 State Agency Law Enforcement Communications shall determine and
692 direct the purposes for which these funds are used to enhance
693 and improve the radio system.
694 Section 18. Subsection (17) of section 318.21, Florida
695 Statutes, is amended to read:
696 318.21 Disposition of civil penalties by county courts.—All
697 civil penalties received by a county court pursuant to the
698 provisions of this chapter shall be distributed and paid monthly
699 as follows:
700 (17) Notwithstanding subsections (1) and (2), the proceeds
701 from the surcharge imposed under s. 318.18(17) shall be
702 distributed as provided in that subsection. This subsection
703 expires July 1, 2021 2012.
704 Section 19. Section 760.12, Florida Statutes, is created to
705 read:
706 760.12 Filing fees for administrative hearings.—
707 (1) Any aggrieved person requesting an administrative
708 hearing pursuant to this chapter shall remit a filing fee of
709 $200 to the clerk of the Division of Administrative Hearings at
710 the time the action is filed.
711 (2) A person seeking relief from payment of a filing fee
712 and prepayment of costs under s. 57.081 based upon an inability
713 to pay must apply to the clerk of the Division of Administrative
714 Hearings for a determination of civil indigent status using an
715 application form developed by the Florida Clerks of Court
716 Operations Corporation and approved by the Supreme Court. Any
717 such determination shall be made in accordance with the
718 provisions contained in s. 57.082. If the applicant prevails in
719 such action, costs shall be taxed in his or her favor as
720 provided by law and, when collected, shall be applied to pay
721 filing fees or costs that have not been paid.
722 Section 20. This act shall take effect July 1, 2011.