Florida Senate - 2011         (PROPOSED COMMITTEE BILL) SPB 7138
       
       
       
       FOR CONSIDERATION By the Committee on Budget
       
       
       
       
       576-02061F-11                                         20117138__
    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. 255.32, F.S.;
   29         prohibiting the use of a construction management
   30         entity for a fixed capital outlay project costing more
   31         than $2 million; requiring that the construction of
   32         any fixed capital outlay project exceeding $2 million
   33         meet certain bid requirements; amending s. 273.055,
   34         F.S.; deleting provisions requiring department
   35         approval for the disposal of state-owned aircraft;
   36         amending s. 282.0041, F.S.; revising a cross
   37         reference; amending s. 282.702, F.S.; revising the
   38         powers and duties of the department relating to state
   39         telecommunications; requiring additional items
   40         relating to SUNCOM to be included in the department’s
   41         annual report; requiring the department to submit an
   42         annual benchmark comparison of SUNCOM rates to other
   43         rates to the Governor and Legislature; requiring the
   44         department to work with the Agency for Enterprise
   45         Information Technology to produce a feasibility
   46         analysis for reprocuring the telecommunications
   47         network and to submit the analysis to the Governor and
   48         the Legislature by a certain date; requiring state
   49         agencies to cooperate with the department; requiring
   50         the Department of Transportation to provide certain
   51         information to assist the department in conducting the
   52         feasibility analysis and to develop procedures for
   53         disposing of property at less than fair market value;
   54         requiring the Department of Transportation to
   55         establish certain procedures in the state’s right-of
   56         way manual, providing criteria; amending s. 282.703,
   57         F.S.; prohibiting state agencies from creating a
   58         telecommunications network outside the SUNCOM network;
   59         requiring violations to be reported; requiring the
   60         department to develop a competitive solicitation to
   61         procure end-to-end network services by a certain date;
   62         requiring vendors to respond by a certain date;
   63         providing the specifications for the procurement;
   64         requiring all state agencies to complete the
   65         transition to the network services by a certain date;
   66         requiring state agencies to cooperate in the
   67         procurement; amending s. 287.16, F.S.; removing
   68         references to state-owned or leased aircraft; removing
   69         a requirement that the department report to the
   70         Legislature on the use of aircraft in the executive
   71         pool; repealing s. 287.161, F.S., relating to the
   72         executive aircraft pool; amending s. 287.17, F.S.;
   73         removing the provision that authorizes certain persons
   74         to use state-owned aircraft; removing the provision
   75         requiring payment by certain persons for the use of
   76         state-owned aircraft; amending ss. 318.18 and 318.21,
   77         F.S.; delaying the expiration of provisions imposing a
   78         surcharge on certain offenses and traffic violations,
   79         the proceeds of which are deposited into the State
   80         Agency Law Enforcement Radio System Trust Fund of the
   81         department; creating s. 760.12, F.S.; requiring that
   82         an aggrieved person pay a filing fee when requesting
   83         an administrative hearing under ch. 760, F.S.,
   84         relating to discrimination in the treatment of
   85         persons; providing an exception for a person who is
   86         indigent; providing an effective date.
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Paragraph (b) of subsection (2) of section
   91  110.181, Florida Statutes, is amended to read:
   92         110.181 Florida State Employees’ Charitable Campaign.—
   93         (2) SELECTION OF FISCAL AGENTS; COST.—
   94         (b) The fiscal agent shall withhold the reasonable costs
   95  for conducting the campaign and for accounting and distribution
   96  to the participating organizations and shall reimburse the
   97  department the actual cost, not to exceed 1 percent of gross
   98  pledges, for coordinating the campaign in accordance with the
   99  rules of the department. In any fiscal year in which the
  100  Legislature specifically appropriates to the department its
  101  total costs for coordinating the campaign from the General
  102  Revenue Fund, the fiscal agent is not required to reimburse such
  103  costs to the department under this subsection. Otherwise,
  104  reimbursement will be the difference between actual costs and
  105  the amount appropriated.
  106         Section 2. Paragraph (c) of subsection (5) of section
  107  216.0158, Florida Statutes, is amended to read:
  108         216.0158 Assessment of facility needs.—
  109         (5) Each plan for years 2 through 5 shall provide the
  110  following information:
  111         (c) An application of cost factors to all elements of each
  112  project, including the finishing of the interior, to establish
  113  an estimate of funding requirements.
  114         Section 3. Paragraph (d) of subsection (3) of section
  115  216.043, Florida Statutes, is amended to read:
  116         216.043 Budgets for fixed capital outlay.—
  117         (3) Each legislative budget request for fixed capital
  118  outlay submitted shall contain:
  119         (d) An application of cost factors to all elements of each
  120  project, including the finishing of the interior, to establish
  121  an estimate of funding requirements.
  122         Section 4. Subsection (1) of section 216.182, Florida
  123  Statutes, is amended to read:
  124         216.182 Approval of fixed capital outlay program plan.—
  125         (1) The Executive Office of the Governor shall have the
  126  authority to approve the program plan of fixed capital outlay
  127  projects to ensure assure that each is consistent with
  128  legislative policies for operations, including approved
  129  operational standards related to program and utilization and
  130  reasonable continuing operating costs. The standards for use
  131  must include an analysis of the cost per square foot of the
  132  constructed space, less the amount of space necessary for the
  133  public such as meeting rooms and auditoriums, compared to the
  134  number of employees projected to work in the building.
  135         Section 5. Subsection (3) is added to section 216.301,
  136  Florida Statutes, to read:
  137         216.301 Appropriations; undisbursed balances.—
  138         (3) If the actual cost of any component of a fixed capital
  139  outlay project is less than the anticipated cost, the difference
  140  must be used to reduce the overall construction cost and may not
  141  be used for purchases that were not included in the approved
  142  plan.
  143         Section 6. Present subsection (4) of section 255.043,
  144  Florida Statutes, is redesignated as subsection (6) and amended,
  145  and new subsections (4), (5), and (7) are added to that section,
  146  to read:
  147         255.043 Art in state buildings.—
  148         (4) As used in this section, the term “art” means an
  149  original object or work produced by an artist and includes bas
  150  relief, ceramic, craft, environmental piece, fiber, fountain,
  151  glass, kinetic, light sculpture, mixed media, mobile, mosaic,
  152  mural, photography, print, sculpture, tapestry, wall hanging,
  153  digital media, or framed drawing intended to be displayed for
  154  the decoration of a public area of a state building.
  155         (5) Other decorative items, such as reproductions of
  156  existing art, including framed or unframed photographs or mass
  157  produced decorative items, may not be purchased pursuant to this
  158  section.
  159         (6)(4) The Department of State may adopt shall be
  160  authorized to promulgate rules to administer implement this
  161  section.
  162         (7) This section constitutes the sole authorization for the
  163  use of public funds to purchase works of art for display in
  164  state buildings.
  165         Section 7. Subsection (5) is added to section 255.29,
  166  Florida Statutes, to read:
  167         255.29 Construction contracts; department rules.—The
  168  Department of Management Services shall establish, through the
  169  adoption of administrative rules as provided in chapter 120:
  170         (5) Standards for materials and components used in the
  171  construction of a fixed capital outlay project must consider:
  172         (a) The cost compared to durability of a material or
  173  component;
  174         (b) The cost savings that a material or component can
  175  produce over periods of time compared to the up-front cost of
  176  the material or component; and
  177         (c) The location of the material or component with respect
  178  to public access. Greater consideration may be given to
  179  aesthetics in the public areas of a public facility.
  180  
  181  The specification and use of a material or component that does
  182  not meet the standards adopted by the department must include
  183  written justification for the specification and an analysis of
  184  the costs of the material or component compared to the described
  185  benefits.
  186         Section 8. Subsection (1) of section 255.30, Florida
  187  Statutes, is amended to read:
  188         255.30 Fixed capital outlay projects; department rules;
  189  delegation of supervisory authority; delegation of
  190  responsibility for accounting records.—
  191         (1) The Department of Management Services shall make and
  192  adopt rules pursuant to chapter 120 in order to establish a
  193  procedure for delegating to state agencies its supervisory
  194  authority as it relates to the repair, alteration, and
  195  construction of fixed capital outlay projects. The supervisory
  196  authority includes overseeing the performance of the contractor,
  197  ensuring compliance with applicable laws, and monitoring costs
  198  to ensure that the costs are consistent with the contract. The
  199  department shall establish procedures that an agency must use to
  200  report a cost that exceeds the amount allotted in the contract.
  201         Section 9. Subsection (3) of section 255.32, Florida
  202  Statutes, is amended to read:
  203         255.32 State construction management contracting.—
  204         (3) The department’s authority under subsection (2)
  205  includes entering into a continuing contract for construction
  206  projects in which the estimated construction cost of each
  207  individual project under the contract does not exceed $2
  208  million. A construction management entity may not be used for
  209  projects exceeding $2 million. The construction of any fixed
  210  capital outlay project exceeding $2 million must meet the
  211  competitive bid requirements of s. 255.29.
  212         Section 10. Subsection (4) of section 273.055, Florida
  213  Statutes, is amended to read:
  214         273.055 Disposition of state-owned tangible personal
  215  property.—
  216         (4) Each custodian shall adopt guidelines or administrative
  217  rules and regulations pursuant to chapter 120 providing for, but
  218  not limited to, transferring, warehousing, bidding, destroying,
  219  scrapping, or other disposing of state-owned tangible personal
  220  property. However, the approval of the Department of Management
  221  Services is required prior to the disposal of motor vehicles or,
  222  watercraft, or aircraft pursuant to ss. 287.15 and 287.16.
  223         Section 11. Subsection (25) of section 282.0041, Florida
  224  Statutes, is amended to read:
  225         282.0041 Definitions.—As used in this chapter, the term:
  226         (25) “SUNCOM Network” means the state enterprise
  227  telecommunications system that provides all methods of
  228  electronic or optical telecommunications beyond a single
  229  building or contiguous building complex and used by entities
  230  authorized as network users under part III of this chapter part.
  231         Section 12. Section 282.702, Florida Statutes, is amended
  232  to read:
  233         282.702 Powers and duties.—The department of Management
  234  Services shall have the following powers, duties, and functions:
  235         (1) To publish electronically the portfolio of services
  236  available from the department electronically, including pricing
  237  information,; the policies and procedures governing usage of
  238  available services,; and a forecast of the department’s
  239  priorities for each telecommunications service based on
  240  demonstrated business need and anticipated customer use.
  241         (2) To adopt technical standards by rule for the state
  242  telecommunications network which ensure efficient and cost
  243  effective the interconnection and operational security of
  244  computer networks, telecommunications, and information systems
  245  of agencies. The technical standards must be open in order to
  246  enable alternative network sourcing.
  247         (3) To enter into agreements related to information
  248  technology and telecommunications services with state agencies
  249  and political subdivisions of the state.
  250         (4) To purchase from or contract with information
  251  technology providers for information technology, including
  252  private line services.
  253         (5) To apply for, receive, and hold authorizations,
  254  patents, copyrights, trademarks, service marks, licenses, and
  255  allocations or channels and frequencies to carry out the
  256  purposes of this part.
  257         (6) To purchase, lease, or otherwise acquire and to hold,
  258  sell, transfer, license, or otherwise dispose of real, personal,
  259  and intellectual property, including, but not limited to,
  260  patents, trademarks, copyrights, and service marks.
  261         (7) To cooperate with any federal, state, or local
  262  emergency management agency in providing for emergency
  263  telecommunications services.
  264         (8) To establish and enforce a process for controlling and
  265  approving control and approve the purchase, lease, or
  266  acquisition and the use of telecommunications services,
  267  software, circuits, and equipment, including premise equipment,
  268  provided as part of the SUNCOM Network, any other total
  269  telecommunications system to be used by the state or its
  270  agencies. Requests for such products or services must be
  271  justified using actual utilization data or modeling of future
  272  utilization based on specific business requirements.
  273         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  274  relating to telecommunications and to administer the provisions
  275  of this part.
  276         (10) To apply for and accept federal funds for the purposes
  277  of this part as well as gifts and donations from individuals,
  278  foundations, and private organizations.
  279         (11) To monitor issues relating to telecommunications
  280  facilities and services before the Florida Public Service
  281  Commission and the Federal Communications Commission and, if
  282  necessary, prepare position papers, prepare testimony, appear as
  283  a witness, and retain witnesses on behalf of state agencies in
  284  proceedings before the commissions.
  285         (12) Unless delegated to the agencies by the department, To
  286  manage and control, but not intercept or interpret,
  287  telecommunications within the SUNCOM Network by:
  288         (a) Establishing technical standards to physically
  289  interface with the SUNCOM Network.
  290         (b) Specifying how telecommunications are transmitted
  291  within the SUNCOM Network.
  292         (c) Controlling the routing of telecommunications within
  293  the SUNCOM Network.
  294         (d) Establishing standards, policies, and procedures for
  295  access to and the security of the SUNCOM Network.
  296         (e) Ensuring orderly and reliable telecommunications
  297  services in accordance with the service level agreements
  298  executed with state agencies which specify minimum requirements
  299  to meet the business needs of the state agencies and other
  300  network users.
  301         (13) To plan, design, and conduct experiments for
  302  telecommunications services, equipment, and technologies, and to
  303  implement enhancements in the state telecommunications network
  304  if such enhancements are verified and approved by the Agency for
  305  Enterprise Information Technology as being in the public
  306  interest and cost-effective. Funding for such experiments must
  307  be derived from SUNCOM Network service revenues and may not
  308  exceed 2 percent of the annual budget for the SUNCOM Network for
  309  any fiscal year or as provided in the General Appropriations
  310  Act. New services offered as a result of this subsection may not
  311  affect existing rates for facilities or services.
  312         (14) To enter into contracts or agreements, with or without
  313  competitive bidding or procurement, and to make available, on a
  314  fair, reasonable, and nondiscriminatory basis, property and
  315  other structures under departmental control for the placement of
  316  new facilities by a any wireless provider of mobile service as
  317  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  318  telecommunications company as defined in s. 364.02 if it is
  319  practical and feasible to make such property or other structures
  320  available.
  321         (a) The department may, without adopting a rule, charge a
  322  just, reasonable, and nondiscriminatory fee for the placement of
  323  the facilities, payable annually, based on the fair market value
  324  of space used by comparable telecommunications facilities in the
  325  state.
  326         (b) The department and a wireless provider or
  327  telecommunications company may negotiate the reduction or
  328  elimination of a fee in consideration of services provided to
  329  the department by the wireless provider or telecommunications
  330  company.
  331         (c) All such fees collected by the department shall be
  332  deposited directly into the Law Enforcement Radio Operating
  333  Trust Fund, and may be used by the department to construct,
  334  maintain, or support the system.
  335         (15) To establish policies that ensure that the
  336  department’s cost-recovery methodologies, billings, receivables,
  337  expenditures, budgeting, and accounting data are captured and
  338  reported timely, efficiently, consistently, accurately, and
  339  transparently and are in compliance with all applicable federal
  340  and state laws and rules. The department, in coordination with
  341  the Agency for Enterprise Information Technology, shall annually
  342  produce and submit a report by October 1, to the Governor, the
  343  President of the Senate, and the Speaker of the House of
  344  Representatives which a report that describes each service and
  345  its cost, the billing methodology for recovering the cost of the
  346  service, and, if applicable, the identity of those services that
  347  are subsidized. The report must also identify the customers of
  348  each service, the purchased and utilized capacity of each SUNCOM
  349  Network service for each state agency customer, and the
  350  recommendations to improve the efficiency and effectiveness of
  351  SUNCOM Network services provided by the service provider. The
  352  recommendations may include:
  353         (a) Policies for improving the cost-effectiveness and
  354  efficiency of the design, operation, or management of the
  355  network or utilization of the network by its state agency
  356  customers.
  357         (b) Infrastructure improvements supporting the network or
  358  preempting the need for additional capital investment for
  359  expanded or enhanced telecommunications facilities.
  360         (c) Standards and processes for improving contract
  361  management and for providing transparent financial data to user
  362  agencies.
  363         (d) Consolidation of contracting practices or coordination
  364  of telecommunications network software, hardware, or other
  365  technology-related procurements.
  366         (e) Improvements to SUNCOM Network governance structures.
  367         (16) To submit to the Governor, the President of the
  368  Senate, and the Speaker of the House of Representatives an
  369  annual benchmark comparison of the current rates for SUNCOM
  370  Network services with rates for comparable services available in
  371  the telecommunications market.
  372         (17) In coordination with the Agency for Enterprise
  373  Information Technology, to produce a feasibility analysis of the
  374  options for reprocuring end-to-end network services, including
  375  services provided by the statewide area network, metropolitan
  376  area networks, and local area networks, which may be provided by
  377  each state agency. The scope of this service does not include
  378  wiring or file and print server infrastructure. The feasibility
  379  analysis must determine the technical and economic feasibility
  380  of using existing resources and infrastructure that are owned or
  381  used by state entities in the provision or receipt of network
  382  services, which include, but are not limited to, the Florida
  383  Lambda Rail, the Department of Transportation dark fiber, and
  384  the Tallahassee Fiber Loop of the Northwest Regional Data
  385  Center, in order to reduce the cost of network services for the
  386  state.
  387         (a) The feasibility analysis, at a minimum, must include:
  388         1.A definition and assessment of the current portfolio of
  389  services, the network services that are provided by each agency,
  390  and a forecast of anticipated changes in network service needs
  391  which considers specific agency business needs and the
  392  implementation of enterprise services established under this
  393  chapter.
  394         2.A description of any limitations or enhancements in the
  395  network, including any technical or logistical challenges
  396  relating to central provisioning of local area network services
  397  currently provided and supported by each agency. The analysis
  398  shall also address changes in usage patterns which can
  399  reasonably be expected due to the consolidation of agency data
  400  centers or the specific business needs of state agencies and
  401  other customers of services.
  402         3.An analysis and comparison of the risks associated with
  403  the current service delivery models, and at least two other
  404  options that leverage the existing resources and infrastructure
  405  identified in this subsection. Options may include multi-vendor
  406  and segmented contracting options. All sourcing options must
  407  produce a service that can be used by schools and other
  408  qualified entities that seek federal grants provided through the
  409  Universal Service Fund program.
  410         4. A cost-benefit analysis that estimates all major cost
  411  elements associated with each sourcing option, focusing on the
  412  nonrecurring and recurring life-cycle costs of the proposal in
  413  order to determine the financial feasibility of each sourcing
  414  option. The cost-benefit analysis must include:
  415         a. The total recurring operating costs of the proposed
  416  state network service, including estimates of monthly charges,
  417  staffing, billing, licenses and maintenance, hardware, and other
  418  related costs.
  419         b. An estimate of nonrecurring costs associated with
  420  construction, transmission lines, premises and switching
  421  hardware purchase and installation, and required software based
  422  on the proposed solution.
  423         c. An estimate of other critical costs associated with the
  424  current and proposed sourcing options for the state network.
  425         5. Recommendations for reducing current costs associated
  426  with statewide network services. The department shall consider
  427  the following in developing the recommendations:
  428         a. Leveraging existing resources and expertise.
  429         b. Implementing more effective state information technology
  430  policies.
  431         c. Standardizing the level of service provision to customer
  432  entities.
  433         6. A detailed timeline for the complete procurement and
  434  transition to a more efficient and cost-effective solution.
  435         (b)The feasibility analysis must be submitted by March 1,
  436  2012, to the Governor, the President of the Senate, and the
  437  Speaker of the House of Representatives.
  438         (c) State agencies must fully cooperate with the department
  439  and the Agency for Enterprise Information Technology in the
  440  performance of their responsibilities under this subsection.
  441         Section 13. For purposes of conducting the feasibility
  442  analysis required under s. 282.702, Florida Statutes, as
  443  required by this act, the Department of Transportation shall
  444  provide to the Department of Management Services by November 1,
  445  2011, a comprehensive inventory and capacity assessment,
  446  including current and projected utilization, of the fiber
  447  infrastructure used for the Intelligent Transportation System,
  448  including dark fiber. Pursuant to 23 C.F.R s. 710.409, the
  449  Department of Transportation shall establish necessary
  450  procedures in the state’s right-of-way operations manual for
  451  rental, leasing, maintenance, and disposal of real property
  452  acquired with funds provided under Title 23 of the Unites States
  453  Code. Such procedures must include a process and criteria for
  454  evaluating proposals for the use or disposal of such property at
  455  less than fair market value for an overall social,
  456  environmental, or economic purpose that is in the public
  457  interest.
  458         Section 14. Section 282.703, Florida Statutes, is amended
  459  to read:
  460         282.703 SUNCOM Network; exemptions from the required use.—
  461         (1) The SUNCOM Network is established within the department
  462  as the state enterprise telecommunications system for providing
  463  local and long-distance telecommunications communications
  464  services to state agencies, political subdivisions of the state,
  465  municipalities, and nonprofit corporations pursuant to this
  466  part. The SUNCOM Network shall be developed to transmit all
  467  types of telecommunications signals, including, but not limited
  468  to, voice, data, video, image, and radio. State agencies shall
  469  cooperate and assist in the development and joint use of
  470  telecommunications systems and services.
  471         (2) The department shall procure and design, engineer,
  472  implement, manage, and operate through state ownership,
  473  commercial leasing, contracted services, or some combination
  474  thereof, the facilities, equipment, and contracts providing
  475  SUNCOM Network services, and shall develop a system of equitable
  476  billings and charges for telecommunications services.
  477         (3) The department shall own, manage, and establish
  478  standards for the telecommunications addressing and numbering
  479  plans for the SUNCOM Network. This includes distributing or
  480  revoking numbers and addresses to authorized users of the
  481  network and delegating or revoking the delegation of management
  482  of subsidiary groups of numbers and addresses to authorized
  483  users of the network.
  484         (4) The department shall maintain a directory of
  485  information and services which provides the names, phone
  486  numbers, and e-mail addresses for employees, agencies, and
  487  network devices that are served, in whole or in part, by the
  488  SUNCOM Network. State agencies and political subdivisions of the
  489  state shall cooperate with the department by providing timely
  490  and accurate directory information in the manner established by
  491  the department.
  492         (5) All state agencies shall use the SUNCOM Network for
  493  agency telecommunications services as the services become
  494  available. Unless otherwise authorized by law or as provided in
  495  paragraph (a), a state agency may not create a new
  496  telecommunications network or expand current telecommunications
  497  outside the SUNCOM Network service.; However, an agency is not
  498  relieved of responsibility for obtaining maintaining
  499  telecommunications services necessary for the effective
  500  management of its programs and functions. The department may
  501  provide such communications services to a state university if
  502  requested by the university.
  503         (a) If a SUNCOM Network service does not meet the
  504  telecommunications requirements of an agency, the agency must
  505  request an exemption notify the department in writing which
  506  provides a detailed description of the business and detail the
  507  requirements for the needed that service. If the department is
  508  unable to meet an agency’s requirements by enhancing SUNCOM
  509  Network service, the department may grant the agency an
  510  exemption from the required use of specified SUNCOM Network
  511  services.
  512         (b) Unless an exemption has been granted by the department,
  513  effective October 1, 2010, all customers of a state primary data
  514  center, excluding state universities, must use the shared SUNCOM
  515  Network telecommunications services connecting the state primary
  516  data center to SUNCOM services for all telecommunications needs
  517  in accordance with department rules.
  518         1. Upon discovery of customer noncompliance with this
  519  paragraph, the department shall provide the affected customer
  520  with a schedule for transferring to the shared
  521  telecommunications services provided by the SUNCOM Network and
  522  an estimate of all associated costs. The state primary data
  523  centers and their customers shall cooperate with the department
  524  to accomplish the transfer.
  525         2. Customers may request an exemption from this paragraph
  526  in the same manner as authorized in paragraph (a).
  527         (6) The department shall develop a competitive solicitation
  528  for end-to-end network services, including the statewide area
  529  network and management of the on-premises network equipment. The
  530  primary goal of the procurement is to provide secure and
  531  reliable interconnection and operation of telecommunications
  532  networks to meet the business needs of state agencies for less
  533  than the current cost of telecommunications services.
  534         (a) The department shall issue the competitive solicitation
  535  by September 1, 2012, with vendor responses required by November
  536  1, 2012, or as soon as practicable.
  537         (b) The competitive solicitation must permit alternative
  538  financial and operational models to be proposed, including, but
  539  not limited to, the use of existing resources used by state
  540  agencies if technically and economically feasible. The
  541  specifications for proposed models must be optimized in order to
  542  meet the primary goals of the network service procurement. The
  543  competitive solicitation must include detailed specifications
  544  describing:
  545         1. The current areawide network services for state agencies
  546  and the specific business objectives met by the present system.
  547         2. The minimum functional requirements necessary for
  548  successful statewide implementation and operation of the network
  549  service, including the responsibilities of the prospective
  550  service provider and the agency.
  551         3. The form and required content for submitted proposals,
  552  including, but not limited to, detailed descriptions of:
  553         a. The proposed system, including network management,
  554  quality of service, service desk, and technical support;
  555  disaster recovery and redundancy capabilities; and firewall and
  556  security capabilities.
  557         b. The proposed internal and external sourcing options,
  558  including identification of existing resources used by state
  559  entities, if any, to be used for the provision of the end-to-end
  560  network services.
  561         c. The proposed approach for the transition from the
  562  current vendor, including implementation services, staffing
  563  requirements, an implementation schedule, and a transition plan
  564  that includes estimated costs and detailed timeframes to
  565  complete the transition to the proposed solution.
  566         4. Other optional requirements specifications if not in
  567  conflict with the primary goals of the procurement.
  568         (c) All agencies must complete the transition to the
  569  selected statewide network service as soon as financially and
  570  operationally feasible, but no later than June 30, 2014.
  571         (d) Each state agency shall provide all requested
  572  information and participate as required in workgroups relating
  573  to business case planning and implementation tasks necessary to
  574  accomplish the goals of the procurement.
  575         (7)(6) This section does not may not be construed to
  576  require a state university to use SUNCOM Network communication
  577  services.
  578         Section 15. Section 287.16, Florida Statutes, is amended to
  579  read:
  580         287.16 Powers and duties of department.—The Department of
  581  Management Services shall have the following powers, duties, and
  582  responsibilities:
  583         (1) To obtain the most effective and efficient use of motor
  584  vehicles and, watercraft, and aircraft for state purposes.
  585         (2) To establish and operate central facilities for the
  586  acquisition, disposal, operation, maintenance, repair, storage,
  587  supervision, control, and regulation of all state-owned or
  588  state-leased aircraft, watercraft, and motor vehicles and to
  589  operate any state facilities for those purposes. Acquisition may
  590  be by purchase, lease, loan, or in any other legal manner. The
  591  department may contract for the maintenance of motor vehicles.
  592         (3) In its discretion, to require every state agency to
  593  transfer its ownership, custody, and control of every aircraft
  594  and motor vehicle, and associated maintenance facilities and
  595  equipment, except those used principally for law enforcement,
  596  state fire marshal, or fire control purposes, to the Department
  597  of Management Services, including all right, title, interest,
  598  and equity therein.
  599         (4) Upon requisition and showing of need, to assign
  600  suitable aircraft or motor vehicles, on a temporary (for a
  601  period up to and including 1 month) or permanent (for a period
  602  from 1 month up to and including 1 full year) basis, to any
  603  state agency.
  604         (5) To allocate and charge fees to the state agencies to
  605  which aircraft or motor vehicles are furnished, based upon any
  606  reasonable criteria.
  607         (6) To adopt and enforce rules and regulations for the
  608  efficient and safe use, operation, maintenance, repair,
  609  disposal, and replacement of all state-owned or state-leased
  610  aircraft, watercraft, and motor vehicles and to require the
  611  placement of appropriate stickers, decals, or other markings
  612  upon them. The department may delegate to the respective heads
  613  of the agencies to which aircraft, watercraft, and motor
  614  vehicles are assigned the duty of enforcing the rules and
  615  regulations adopted by the department.
  616         (7) To contract for specialized maintenance services.
  617         (8) To require any state agency to keep records and make
  618  reports regarding aircraft and motor vehicles to the department
  619  as may be required. The Department of Highway Safety and Motor
  620  Vehicles shall use a reporting system approved by the
  621  department.
  622         (9) To establish and operate central facilities to
  623  determine the mode of transportation to be used by state
  624  employees traveling on official state business and to schedule
  625  and coordinate use of state-owned or state-leased aircraft and
  626  passenger-carrying vehicles to ensure assure maximum utilization
  627  of state aircraft, motor vehicles, and employee time by ensuring
  628  assuring that employees travel by the most practical and
  629  economical mode of travel. The department shall consider the
  630  number of employees making the trip to the same location, the
  631  most efficient and economical means of travel considering the
  632  time of the employee, transportation cost and subsistence
  633  required, the urgency of the trip, and the nature and purpose of
  634  the trip.
  635         (10) To provide the Legislature annual reports at the end
  636  of each calendar year concerning the utilization of all aircraft
  637  in the executive pool.
  638         (10)(11) To calculate biennially the break-even mileage at
  639  which it becomes cost-effective for the state to provide
  640  assigned motor vehicles to employees. The Support Program shall
  641  provide the information to agency heads and agency inspectors
  642  general to assist them in meeting the reporting requirements of
  643  s. 20.055.
  644         (11)(12) To conduct, in coordination with the Department of
  645  Transportation, an analysis of fuel additive and biofuel use by
  646  the Department of Transportation through its central fueling
  647  facilities. The department shall encourage other state
  648  government entities to analyze transportation fuel usage,
  649  including the different types and percentages of fuels consumed,
  650  and report such information to the department.
  651         Section 16. Section 287.161, Florida Statutes, is repealed.
  652         Section 17. Subsections (5) and (6) of section 287.17,
  653  Florida Statutes, are amended to read:
  654         287.17 Limitation on use of motor vehicles and aircraft.—
  655         (5) A person who is not otherwise authorized in this
  656  section may accompany the Governor, the Lieutenant Governor, a
  657  member of the Cabinet, the President of the Senate, the Speaker
  658  of the House of Representatives, or the Chief Justice of the
  659  Supreme Court when such official is traveling on state aircraft
  660  for official state business and the aircraft is traveling with
  661  seats available. Transportation of a person accompanying any
  662  official specified in this subsection shall be approved by the
  663  official, who shall also guarantee payment of the transportation
  664  charges. When the person accompanying such official is not
  665  traveling on official state business as provided in this
  666  section, the transportation charge shall be a prorated share of
  667  all fixed and variable expenses related to the ownership,
  668  operation, and use of such state aircraft. The spouse or
  669  immediate family members of any official specified in this
  670  subsection may, with payment of transportation charges,
  671  accompany the official when such official is traveling for
  672  official state business and the aircraft has seats available.
  673         (6) It is the intention of the Legislature that persons
  674  traveling on state aircraft for purposes consistent with, but
  675  not necessarily constituting, official state business may travel
  676  only when accompanying persons who are traveling on official
  677  state business and that such persons shall pay the state for all
  678  costs associated with such travel. A person traveling on state
  679  aircraft for purposes other than official state business shall
  680  pay for any trip not exclusively for state business by paying a
  681  prorated share of all fixed and variable expenses related to the
  682  ownership, operation, and use of such aircraft.
  683         Section 18. Subsection (17) of section 318.18, Florida
  684  Statutes, is amended to read:
  685         318.18 Amount of penalties.—The penalties required for a
  686  noncriminal disposition pursuant to s. 318.14 or a criminal
  687  offense listed in s. 318.17 are as follows:
  688         (17) In addition to any penalties imposed, a surcharge of
  689  $3 must be paid for all criminal offenses listed in s. 318.17
  690  and for all noncriminal moving traffic violations under chapter
  691  316. Revenue from the surcharge shall be remitted to the
  692  Department of Revenue and deposited quarterly into the State
  693  Agency Law Enforcement Radio System Trust Fund of the Department
  694  of Management Services for the state agency law enforcement
  695  radio system, as described in s. 282.709, and to provide
  696  technical assistance to state agencies and local law enforcement
  697  agencies with their statewide systems of regional law
  698  enforcement communications, as described in s. 282.7101. This
  699  subsection expires July 1, 2021 2012. The Department of
  700  Management Services may retain funds sufficient to recover the
  701  costs and expenses incurred for managing, administering, and
  702  overseeing the Statewide Law Enforcement Radio System, and
  703  providing technical assistance to state agencies and local law
  704  enforcement agencies with their statewide systems of regional
  705  law enforcement communications. The Department of Management
  706  Services working in conjunction with the Joint Task Force on
  707  State Agency Law Enforcement Communications shall determine and
  708  direct the purposes for which these funds are used to enhance
  709  and improve the radio system.
  710         Section 19. Subsection (17) of section 318.21, Florida
  711  Statutes, is amended to read:
  712         318.21 Disposition of civil penalties by county courts.—All
  713  civil penalties received by a county court pursuant to the
  714  provisions of this chapter shall be distributed and paid monthly
  715  as follows:
  716         (17) Notwithstanding subsections (1) and (2), the proceeds
  717  from the surcharge imposed under s. 318.18(17) shall be
  718  distributed as provided in that subsection. This subsection
  719  expires July 1, 2021 2012.
  720         Section 20. Section 760.12, Florida Statutes, is created to
  721  read:
  722         760.12Filing fees for administrative hearings.—
  723         (1) Any aggrieved person requesting an administrative
  724  hearing pursuant to this chapter shall remit a filing fee of
  725  $200 to the clerk of the Division of Administrative Hearings at
  726  the time the action is filed.
  727         (2) A person seeking relief from payment of a filing fee
  728  and prepayment of costs under s. 57.081 based upon an inability
  729  to pay must apply to the clerk of the Division of Administrative
  730  Hearings for a determination of civil indigent status using an
  731  application form developed by the Florida Clerks of Court
  732  Operations Corporation and approved by the Supreme Court. Any
  733  such determination shall be made in accordance with the
  734  provisions contained in s. 57.082. If the applicant prevails in
  735  such action, costs shall be taxed in his or her favor as
  736  provided by law and, when collected, shall be applied to pay
  737  filing fees or costs that have not been paid.
  738         Section 21. This act shall take effect July 1, 2011.