Bill Text: FL S0222 | 2014 | Regular Session | Introduced
Bill Title: State Technology
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-05-02 - Died in Governmental Oversight and Accountability, companion bill(s) passed, see HB 7073 (Ch. 2014-221) [S0222 Detail]
Download: Florida-2014-S0222-Introduced.html
Florida Senate - 2014 SB 222 By Senator Ring 29-00255A-14 2014222__ 1 A bill to be entitled 2 An act relating to state technology; transferring, 3 renumbering, and amending s. 14.204, F.S.; creating 4 the Department of State Technology; providing the 5 organizational structure of the department; creating a 6 Technology Advisory Council and providing for 7 membership; reordering and amending s. 282.0041, F.S.; 8 revising and providing definitions for terms used in 9 the Enterprise Information Technology Services 10 Management Act; amending s. 282.0055, F.S.; requiring 11 the department to develop a long-range plan; providing 12 the powers and duties of the department; amending s. 13 282.0056, F.S.; conforming provisions to changes made 14 by the act; deleting the requirement that the 15 department’s work plan be presented at a public 16 hearing; expressly exempting certain entities from 17 data center consolidation; creating s. 282.0057, F.S.; 18 providing a schedule for the initiation of department 19 information technology projects; specifying tasks to 20 be approved and completed; repealing s. 282.201, F.S., 21 relating to the state data center system; amending s. 22 282.203, F.S.; conforming provisions to changes made 23 by the act; providing for future repeal; repealing s. 24 282.204, F.S., relating to the Northwood Shared 25 Resource Center; repealing s. 282.205, F.S., relating 26 to the Southwood Shared Resource Center; creating s. 27 282.206, F.S.; establishing the Fletcher Shared 28 Resource Center within the Department of Financial 29 Services to provide enterprise information technology 30 services to the department, to provide colocation 31 services to the Department of Legal Services and the 32 Department of Agriculture and Consumer Services, and 33 to host the Legislative Appropriations System/Planning 34 and Budgeting Subsystem; providing for governance of 35 the center; authorizing the Department of Legal 36 Affairs and the Department of Agriculture and Consumer 37 Services to move data center equipment to the center; 38 amending s. 282.318, F.S.; conforming provisions to 39 changes made by the act; repealing s. 282.33, F.S., 40 relating to objective standards for data center energy 41 efficiency; repealing s. 282.34, F.S., relating to 42 enterprise e-mail service; amending ss. 282.604, 43 282.702, 282.703, 17.0315, 20.22, 110.205, 215.22, 44 215.322, 215.96, 216.292, 287.012, 318.18, 320.0802, 45 328.72, 364.0135, 365.171, 365.172, 365.173, 365.174, 46 401.013, 401.015, 401.018, 401.021, 401.024, 401.027, 47 445.011, 445.045, and 668.50, F.S.; conforming 48 provisions to changes made by the act; transferring 49 the personnel, functions, and funds of the Agency for 50 Enterprise Information Technology to the Department of 51 State Technology; transferring specified personnel, 52 functions, funds, trust funds, administrative orders, 53 contracts, and rules relating to technology programs 54 from the Department of Management Services to the 55 Department of State Technology; transferring the 56 Northwood Shared Resource Center and the Southwood 57 Shared Resource Center to the department; providing 58 that the status of any employee positions transferred 59 to the department is retained; providing an 60 appropriation; providing effective dates. 61 62 Be It Enacted by the Legislature of the State of Florida: 63 64 Section 1. Section 14.204, Florida Statutes, is 65 transferred, renumbered as section 20.61, Florida Statutes, and 66 amended to read: 67 (Substantial rewording of section. See 68 s. 14.204, F.S. for present text) 69 20.61 Department of State Technology; powers and duties. 70 The Department of State Technology is hereby created as an 71 executive agency under the Governor. 72 (1) The department shall have a secretary, who shall be 73 appointed by the Governor. The secretary must be confirmed by 74 the Senate and shall serve at the pleasure of the Governor. The 75 secretary shall be the state’s Chief Information Officer. 76 (2) The Technology Advisory Council consisting of nine 77 members shall be established and maintained pursuant to s. 78 20.052. Four members of the council shall be appointed by the 79 Governor, of which two members must be from the private sector; 80 three members shall be appointed by the Cabinet; one member 81 shall be appointed by the President of the Senate; and one 82 member shall be appointed by the Speaker of the House of 83 Representatives. Upon initial establishment of the council, two 84 of the Governor’s appointments and two of the Cabinet’s 85 appointments shall be for 2-year terms. Thereafter, all 86 appointments shall be for 4-year terms. 87 (a) The council shall consider and make recommendations to 88 the secretary on such matters as enterprise information 89 technology policies, standards, services, and architecture. 90 (b) The secretary shall consult with the council with 91 regard to executing the duties and responsibilities of the 92 department related to statewide information technology strategic 93 planning and policy. 94 (3) The following divisions and offices are established 95 within the department: 96 (a) The Division of Information Management. 97 (b) The Division of Enterprise Information Technology 98 Services. 99 (c) The Office Of Information Security. 100 (d) The Office of Strategic Planning. 101 (4) There shall be a Chief Operations Officer, a Chief 102 Planning Officer, a Chief Security Officer, and a Deputy Chief 103 Information Officer, all of whom serve at the pleasure of the 104 secretary. 105 (a) The Chief Operations Officer is responsible for the 106 operation and delivery of enterprise information technology 107 services, including management of telecommunication services and 108 data center operations. 109 (b) The Chief Planning Officer is responsible for 110 establishing and maintaining enterprise information technology 111 policy, planning, standards, project management, oversight, and 112 procurement. 113 (c) The Chief Security Officer is responsible for 114 establishing and maintaining the enterprise strategy and program 115 for ensuring information assets are adequately protected. 116 (d) The Deputy Chief Information Officer is responsible for 117 establishing and maintaining the enterprise strategy for 118 enterprise information technology services. 119 (5) The following deputy Chief Information Officer 120 positions, each of which is responsible for the following core 121 agency groups, shall be appointed and serve at the pleasure of 122 the secretary: 123 (a) Deputy Information Officer of Human Services: 124 1. Department of Elder Affairs. 125 2. Agency for Health Care Administration. 126 3. Agency for Persons with Disabilities. 127 4. Department of Children and Families. 128 5. Department of Health. 129 6. Department of Veterans’ Affairs. 130 (b) Deputy Information Officer of Criminal and Civil 131 Justice: 132 1. Department of Juvenile Justice. 133 2. Parole Commission. 134 3. Department of Corrections. 135 4. Board of Executive Clemency. 136 5. Department of Law Enforcement. 137 6. Department of Highway Safety and Motor Vehicles. 138 (c) Deputy Information Officer of Education: 139 1. Department of Education. 140 2. State Board of Education. 141 3. Board of Governors of the State University System. 142 (d) Deputy Information Officer of Business Operations: 143 1. Department of Revenue. 144 2. Department of Business and Professional Regulation. 145 3. Department of the Lottery. 146 4. Department of Economic Opportunity. 147 (e) Deputy Information Officer of Community Services: 148 1. Department of Military Affairs. 149 2. Department of Transportation. 150 3. Department of State. 151 4. Division of Emergency Management. 152 (f) Deputy Information Officer of Natural Resources: 153 1. Department of Environmental Protection. 154 2. Fish and Wildlife Conservation Commission. 155 3. Department of Citrus. 156 (g) Deputy Information Officer of Executive and 157 Administrative Support Service: 158 1. Department of Financial Services. 159 2. Department of Management Services. 160 3. Department of Legal Affairs. 161 4. Department of Agriculture and Consumer Services. 162 (6) In order to optimize the efficiency and utility of 163 information technology systems within core agency groups, the 164 secretary may require the participation of programs within a 165 state agency to work with a deputy chief information officer 166 outside of the agency’s assigned core group. 167 (7) The secretary may obtain administrative services 168 through the Department of Management Services pursuant to a 169 memorandum of understanding. 170 Section 2. Section 282.0041, Florida Statutes, is reordered 171 and amended to read: 172 282.0041 Definitions.—As used in this chapter, the term: 173(1) “Agency” has the same meaning as in s. 216.011(1)(qq),174except that for purposes of this chapter, “agency” does not175include university boards of trustees or state universities. 176(2)“Agency for Enterprise Information Technology” means177the agency created in s. 14.204.178 (1)(3)“Agency information technology service” means a 179 service that directly helps a stateanagency fulfill its 180 statutory or constitutional responsibilities and policy 181 objectives and is usually associated with the state agency’s 182 primary or core business functions. 183(4) “Annual budget meeting” means a meeting of the board of184trustees of a primary data center to review data center usage to185determine the apportionment of board members for the following186fiscal year, review rates for each service provided, and187determine any other required changes.188 (2)(5)“Breach” has the same meaning as in s. 817.5681(4). 189 (3)(6)“Business continuity plan” means a plan for disaster 190 recovery which provides for the continued functioning of a 191 shared resource center or primary data center during and after a 192 disaster. 193 (4)(7)“Computing facility” means a state agency sitespace194 containing fewer thana total of10 physical or logical servers, 195 any of which supports a strategic or nonstrategic information 196 technology service, as described in budget instructions 197 developed pursuant to s. 216.023, but excluding 198 telecommunications and voice gateways and clustered pairs of 199 servers operating as a single logical server to provide file, 200 print, security, and endpoint management servicessingle,201logical-server installations that exclusively perform a utility202function such as file and print servers. 203 (5) “Computing service” means an information technology 204 service that is used in all state agencies or a subset of 205 agencies. 206(8) “Customer entity” means an entity that obtains services207from a primary data center.208 (6)(9)“Data center” means state agency space containing 10 209 or more physical or logical servers, any of which supports a 210 strategic or nonstrategic information technology service, as 211 described in budget instructions developed pursuant to s. 212 216.023. 213 (7)(10)“Department” means the Department of State 214 TechnologyManagement Services. 215 (9)(11)“Enterprise information technology service” means 216 an information technology service that is used in all state 217 agencies or a subset of state agencies and is established in law 218 to be designed, delivered, and managed at the enterprise level. 219 (8)(12)“E-mail, messaging, and calendaring service” means 220 the enterprise information technology service that enables users 221 to send, receive, file, store, manage, and retrieve electronic 222 messages, attachments, appointments, and addresses.The e-mail,223messaging, and calendaring service must include e-mail account224management; help desk; technical support and user provisioning225services; disaster recovery and backup and restore capabilities;226antispam and antivirus capabilities; archiving and e-discovery;227and remote access and mobile messaging capabilities.228 (10)(13)“Information-system utility” means an information 229 processinga full-service information-processingfacility 230 offering hardware, software, operations, integration, 231 networking, floor space, and consulting services. 232 (12)(14)“Information technology resources” means 233 equipment, hardware, software, firmware, programs, systems, 234 networks, infrastructure, media, and related material used to 235 automatically, electronically, and wirelessly collect, receive, 236 access, transmit, display, store, record, retrieve, analyze, 237 evaluate, process, classify, manipulate, manage, assimilate, 238 control, communicate, exchange, convert, converge, interface, 239 switch, or disseminate information of any kind or form, and 240 includes the human resources to perform such duties except for 241 application developers and logical database administrators. 242 (11)(15)“Information technology policy” means statements 243 that describe clear choices for how information technology will 244 deliver effective and efficient government services to residents 245 and improve state agency operations. A policy may relate to 246 investments, business applications, architecture, or 247 infrastructure. A policy describes its rationale, implications 248 of compliance or noncompliance, the timeline for implementation, 249 metrics for determining compliance, and the accountable 250 structure responsible for its implementation. 251 (13) “Local area network” means any telecommunications 252 network through which messages and data are exchanged only 253 within a single building or contiguous campus. 254 (14) “Memorandum of understanding” means a written 255 agreement between the department and a state agency which 256 specifies the scope of services provided, service level, 257 duration of the agreement, responsible parties, and service 258 costs. A memorandum of understanding is not a rule pursuant to 259 chapter 120. 260 (15) “Other public sector organizations” means entities of 261 the legislative and judicial branches, the State University 262 System, the Florida College System, counties, and 263 municipalities. Such organizations may elect to participate in 264 the information technology programs, services, or contracts 265 offered by the department, including information technology 266 procurement, in accordance with general law, policies, and 267 administrative rules. 268(16) “Performance metrics” means the measures of an269organization’s activities and performance.270 (16)(17)“Primary data center” means a data center that is 271 a recipient entityfor consolidationof state agency information 272 technology resources and provides contracted services to the 273 agencynonprimary data centers and computing facilities and that274is established by law. 275 (17)(18)“Project” means an endeavor that has a defined 276 start and end point; is undertaken to create or modify a unique 277 product, service, or result; and has specific objectives that, 278 when attained, signify completion. 279 (18)(19)“Risk analysis” means the process of identifying 280 security risks, determining their magnitude, and identifying 281 areas needing safeguards. 282 (19)(20)“Service level” means the key performance 283 indicators (KPI) of an organization or service which must be 284 regularly performed, monitored, and achieved. 285(21) “Service-level agreement” means a written contract286between a data center and a customer entity which specifies the287scope of services provided, service level, the duration of the288agreement, the responsible parties, and service costs. A289service-level agreement is not a rule pursuant to chapter 120.290 (20) “Shared resource center” means a primary data center 291 that is state controlled. 292 (21)(22)“Standards” means required practices, controls, 293 components, or configurations established by an authority. 294 (22) “State agency” has the same meaning as in s. 295 216.011(1), but does not include the Department of Legal 296 Affairs, the Department of Financial Services, and the 297 Department of Agriculture and Consumer Services. 298 (23) “State agency site” means a single, contiguous local 299 area network segment that does not traverse a metropolitan area 300 network or wide area network. 301 (24)(23)“SUNCOM Network” means the state enterprise 302 telecommunications system that provides all methods of 303 electronic or optical telecommunications beyond a single 304 building or contiguous building complex and used by entities 305 authorized as network users under this part. 306 (25)(24)“Telecommunications” means the science and 307 technology of communication at a distance, including electronic 308 systems used in the transmission or reception of information. 309 (26)(25)“Threat” means any circumstance or event that may 310 cause harm to the integrity, availability, or confidentiality of 311 information technology resources. 312 (27)(26)“Total cost” means all costs associated with 313 information technology projects or initiatives, including, but 314 not limited to, the value of hardware, software, service, 315 maintenance, incremental personnel, and facilities. Total cost 316 of a loan or gift of information technology resources to a state 317anagency includes the fair market value of the resources. 318 (28)(27)“Usage” means the billing amount charged by the 319 shared resourceprimary datacenter, minuslessany pass-through 320 charges, to the customer entity. 321 (29)(28)“Usage rate” means a customer entity’s usage or 322 billing amount as a percentage of total usage. 323 (30) “Wide area network” means a telecommunications network 324 or components thereof through which messages and data are 325 exchanged outside of a local area network. 326 Section 3. Section 282.0055, Florida Statutes, is amended 327 to read: 328 282.0055 Assignment of information technology; long-range 329 plan; powers and duties.—The department shall design, plan, 330 develop, implement, and manage state enterprise information 331 technology services and infrastructure to achieve the use of 332 cost-effective and cost-efficient common technology.In order to333ensure the most effective and efficient use of the state’s334information technology and information technology resources and335notwithstanding other provisions of law to the contrary,336policies for the design, planning, project management, and337implementation of enterprise information technology services338shall be the responsibility of the Agency for Enterprise339Information Technology for executive branch agencies created or340authorized in statute to perform legislatively delegated341functions.The supervision, design, delivery, and management of 342 state agency information technology shall remain within the 343 responsibility and control of the individual state agency. 344 (1) To assist with achieving these objectives, the 345 department shall biennially develop and coordinate a 346 comprehensive long-range plan for the state’s information 347 technology resources, which includes opportunities for 348 coordinating with other public sector organizations; ensures the 349 proper management of such resources; provides for the 350 development of agency budget requests for submission to the 351 Legislature; and provides for the delivery of enterprise 352 information technology services. In developing the plan, the 353 department shall identify best practices from executive branch 354 agencies and other public and private sector entities in order 355 to develop, replicate, and implement such information technology 356 best practices and standards into the state’s technology 357 services and infrastructure. 358 (2) The department has the following powers and duties: 359 (a) Setting state technology policy. 360 (b) The development, design, planning, project management, 361 implementation, delivery, and management of enterprise 362 information technology services. 363 (c) Establishing architecture for the state’s technology 364 infrastructure in order to promote economic development and the 365 efficient use of resources. 366 (d) Preparing fiscal impact statements relating to 367 necessary modifications and the delivery of technology to 368 support policies required by proposed legislation. 369 (e) Coordinating technology resource acquisition planning 370 and assisting the Division of Purchasing of the Department of 371 Management Services in using aggregate buying methodologies 372 whenever possible and with procurement negotiations for hardware 373 and software products and services in order to improve the 374 efficiency and reduce the cost of enterprise information 375 technology services. 376 (f) Upon request, advising, supporting, and collaborating 377 with the Division of Purchasing of the Department of Management 378 Services in establishing best practices for the procurement of 379 information technology products in order to achieve savings for 380 the state. 381 (g) Upon request, supporting and collaborating with the 382 Division of Purchasing of the Department of Management Services 383 in conducting procurement negotiations for information 384 technology products that will be used by multiple state 385 agencies. 386 (h) Providing oversight or project management for all 387 technology resources for projects exceeding an annual investment 388 of $2.5 million to accomplish goals of technology portfolio 389 management. 390 (i) Establishing performance measurement standards and 391 metrics regarding the success of technology projects and 392 services across the enterprise. 393 (j) Establishing standards for state agencies to submit 394 information technology reports or updates as necessary to 395 support the duties of the agency. At a minimum, such standards 396 must address content, format, and frequency of updates. 397 (k) Establishing and collecting fees and charges for data 398 and delivery of enterprise information technology services to 399 state agencies on a cost-sharing basis. 400 (l) Developing a cost-recovery plan to recover both the 401 costs, and the accrual of funds sufficient for reinvesting in 402 new services and better technologies. This plan shall be 403 developed in consultation with state agencies and approved by 404 the Legislature. 405 (m) At the discretion of the department, collecting and 406 maintaining an inventory of the information technology resources 407 in state agencies and the data maintained by each such agency. 408 The department may develop standards for data elements. 409 (n) Assuming ownership or custody and control of 410 information processing equipment, supplies, and positions in 411 order to carry out the department’s duties and responsibilities. 412 (o) Adopting rules and policies for the efficient, secure, 413 and economical management and operation of enterprise 414 information technology services. 415 (p) Providing other public sector organizations with access 416 to the services provided by the department taking into 417 consideration the department’s ability to support those 418 services. Access shall be provided on the same cost basis as 419 applies to state agencies. 420 (q) Establishing statewide practices and policies to ensure 421 that data that is confidential and exempt from s. 119.07(1) and 422 s. 24(a), Art. I of the State Constitution, or that is otherwise 423 confidential under state or federal law, remains protected. This 424 provision does not affect a transfer of ownership of data from a 425 department, agency, board, bureau, commission, or authority to a 426 state agency. 427 (r) Conducting periodic assessments of state agencies for 428 compliance with statewide information technology policies and 429 recommending to the Governor or the Financial Management 430 Information Board statewide policies for information technology. 431 (s) Establishing and maintaining a single website as 432 provided under s. 215.985. 433 (t) Maintaining the official Internet state portal. 434 Section 4. Section 282.0056, Florida Statutes, is amended 435 to read: 436 282.0056 Development of work plan; development of 437 implementation plans; and policy recommendations.— 438 (1) For the purposes of carrying out its responsibilities 439 under s. 282.0055, the departmentAgency for Enterprise440Information Technologyshall develop an annual work plan within 441 60 days after the beginning of the fiscal year describing the 442 activities that the departmentagencyintends to undertake for 443 that year, including proposed outcomes and completion timeframes 444 for the planning and implementation of all enterprise 445 information technology services. The work plan must bepresented446at a public hearing andapproved by the Governorand Cabinet, 447 and thereafter submitted to the President of the Senate and the 448 Speaker of the House of Representatives. The work plan may be 449 amended as needed, subject to approval by the Governorand450Cabinet. 451 (2) The departmentagencymay develop and submit to the 452 President of the Senate, the Speaker of the House of 453 Representatives, and the Governor by October 1 of each year 454 implementation plans for proposed enterprise information 455 technology services to be established in law. 456 (3) In developing policy recommendations and implementation 457 plans for established and proposed enterprise information 458 technology services, the departmentagencyshall describe the 459 scope of operation, conduct costs and requirements analyses, 460 conduct an inventory of all existing information technology 461 resources that are associated with each service, and develop 462 strategies and timeframes for statewide migration. 463 (4) For the purpose of completing its work activities, each 464 state agency shall provide to the departmentagencyall 465 requested information, including, but not limited to, the state 466 agency’s costs, service requirements, and equipment inventories. 467 (5) Within 60 days after the end of each fiscal year, the 468 departmentagencyshall report to the Governorand Cabinet, the 469 President of the Senate, and the Speaker of the House of 470 Representatives on what was achieved or not achieved in the 471 prior year’s work plan. 472 (6) The Department of Law Enforcement, the Department of 473 the Lottery’s Gaming System, Systems Design and Development in 474 the Office of Policy and Budget, the State Board of 475 Administration, state attorneys, public defenders, criminal 476 conflict and civil regional counsel, capital collateral regional 477 counsel, the Florida Clerks of Court Operations Corporation, the 478 Department of Legal Affairs, the Department of Financial 479 Services, the Agriculture Management Information Center and the 480 Division of Licensing of the Department of Agriculture and 481 Consumer Services, the Justice Administrative Commission, the 482 Division of Administrative Hearings, and the Florida Housing 483 Finance Corporation are exempt from data center consolidation 484 unless specifically directed by the Legislature. The exempt 485 entities shall provide any information requested by the 486 department which is reasonably necessary for an analysis 487 relating to the feasibility and cost of data center 488 consolidation. 489 Section 5. Section 282.0057 Florida Statutes, is created to 490 read: 491 282.0057 Information technology project initiation 492 schedule; reporting.— 493 (1) Beginning January 1, 2016, the department shall: 494 (a) In cooperation with the Governor’s Office of Policy and 495 Budget, publish a report on its current and planned information 496 technology expenditures, including, but not limited to, line 497 item detail expenditures for systems development, personnel 498 services, and equipment from the previous fiscal year and 499 anticipated expenditures for the upcoming fiscal year; a 500 prioritization of information technology initiatives to address 501 unmet needs and opportunities for significant efficiencies or 502 improved effectiveness within the state information technology 503 enterprise; and a prioritized funding schedule for all major 504 projects or initiatives, as well as cost estimates of the fiscal 505 impact of the recommended initiatives. 506 (b) Coordinate state agencies in developing and 507 implementing data sharing. The department shall determine and 508 implement statewide efforts to standardize data elements and 509 shall determine data ownership assignments among state agencies. 510 (c) Include in its legislative budget requests a 511 recommendation for consolidating state agency data in order to 512 provide better access for private and government use. 513 (d) Oversee the expanded use and implementation of project 514 and contract management principles as they relate to information 515 technology projects. Funded projects within state agencies must 516 use the project and contract management methodologies specified 517 by the department. 518 (2) Beginning January 1, 2017, the department shall: 519 (a) Develop systems and methodologies to review, evaluate, 520 and prioritize existing information technology projects and 521 develop a plan for leveraging technology across state agencies. 522 The department shall report to the Governor, the President of 523 the Senate, and the Speaker of the House of Representatives on 524 the status of information technology projects and the 525 department’s recommendations for project development on a 526 semiannual basis. Such recommendations shall be incorporated 527 into the state agency’s legislative budget requests for 528 technology projects. 529 (b) Develop standards for application development, 530 including, but not limited to, a standard methodology and cost 531 benefit analysis that state agencies shall use for application 532 development activities. 533 (3) Beginning January 1, 2019, the department shall review 534 and approve technology purchases made by state agencies. 535 Approval must be based on technology policies and standards 536 established by the department and approved by the Legislature. 537 Section 6. Section 282.201, Florida Statutes, is repealed. 538 Section 7. Paragraphs (c), (e), (h), (i), and (m) of 539 subsection (1), paragraph (e) of subsection (2), and paragraphs 540 (b), (e), (h), and (k) of subsection (3) of section 282.203, 541 Florida Statutes, are amended, and a new subsection (4) is added 542 to that section, to read: 543 282.203 Primary data centers.— 544 (1) DATA CENTER DUTIES.—Each primary data center shall: 545 (c) Comply with rules adopted by the departmentAgency for546Enterprise Information Technology, pursuant to this section, and 547 coordinate with the departmentagencyin the consolidation of 548 data centers. 549 (e) Provide transparent financial statements, which must be 550 based on current law and current appropriations, to customer 551 entities and the departmentAgency for Enterprise Information552Technology. The financial statements shall be provided as 553 follows: 554 1. Annually, by July 30 for the current fiscal year and by 555 December 1 for the subsequent fiscal year, the data center must 556 provide the total annual budgeted costs by major expenditure 557 category, including, but not limited to, salaries, expense, 558 operating capital outlay, contracted services, or other 559 personnel services, which directly relate to the provision of 560 each service and which separately indicate the administrative 561 overhead allocated to each service. 562 2. Annually, by July 30 for the current fiscal year and by 563 December 1 for the subsequent fiscal year, the data center must 564 provide total projected billings for each customer entity which 565 are required to recover the costs of the data center. 566 3. Annually, by January 31, the data center must provide 567 updates of the financial statements required under subparagraphs 568 1. and 2. for the current fiscal year. 569 570The financial information required under subparagraphs 1., 2.,571and 3. must be based on current law and current appropriations.572 (h) Develop a business continuity plan and conduct a live 573 exercise of the plan at least annually. The plan must be 574 approved by the board and the departmentAgency for Enterprise575Information Technology. 576 (i) Enter into a service-level agreement with each customer 577 entity to provide services as defined and approved by the board. 578 A service-level agreement may not have a term exceeding 3 years 579 but may include an option to renew for up to 3 years contingent 580 on approval by the board. 581 1. A service-level agreement, at a minimum, must: 582 a. Identify the parties and their roles, duties, and 583 responsibilities under the agreement. 584 b. Identify the legal authority under which the service 585 level agreement was negotiated and entered into by the parties. 586 c. State the duration of the contractual term and specify 587 the conditions for contract renewal. 588 d. Prohibit the transfer of computing services between 589 primary data center facilities without at least 180 days’ notice 590 of service cancellation. 591 e. Identify the scope of work. 592 f. Identify the products or services to be delivered with 593 sufficient specificity to permit an external financial or 594 performance audit. 595 g. Establish the services to be provided, the business 596 standards that must be met for each service, the cost of each 597 service, and the process by which the business standards for 598 each service are to be objectively measured and reported. 599 h. Identify applicable funds and funding streams for the 600 services or products under contract. 601 i. Provide a timely billing methodology for recovering the 602 cost of services provided to the customer entity. 603 j. Provide a procedure for modifying the service-level 604 agreement to address changes in projected costs of service. 605 k. Provide that a service-level agreement may be terminated 606 by either party for cause only after giving the other party and 607 the departmentAgency for Enterprise Information Technology608 notice in writing of the cause for termination and an 609 opportunity for the other party to resolve the identified cause 610 within a reasonable period. 611 l. Provide for mediation of disputes by the Division of 612 Administrative Hearings pursuant to s. 120.573. 613 2. A service-level agreement may include: 614 a. A dispute resolution mechanism, including alternatives 615 to administrative or judicial proceedings; 616 b. The setting of a surety or performance bond for service 617 level agreements entered into withagencyprimary data centers 618 established by law; or 619 c. Additional terms and conditions as determined advisable 620 by the parties if such additional terms and conditions do not 621 conflict with the requirements of this section or rules adopted 622 by the departmentAgency for Enterprise Information Technology. 623 3. The failure to execute a service-level agreement within 624 60 days after service commencement shall, in the case of an 625 existing customer entity, result in a continuation of the terms 626 of the service-level agreement from the prior fiscal year, 627 including any amendments that were formally proposed to the 628 customer entity by the primary data center within the 3 months 629 before service commencement, and a revised cost-of-service 630 estimate. If a new customer entity fails to execute an agreement 631 within 60 days after service commencement, the data center may 632 cease services. 633 (m) Assume administrative access rights to the resources 634 and equipment, such as servers, network components, and other 635 devices that are consolidated into the primary data center. 636 1. Upon the date of each consolidation specified ins.637282.201,the General Appropriations Act,or the Laws of Florida, 638 each agency shall relinquish all administrative access rights to 639 such resources and equipment. 640 2. Each primary data center shall provide its customer 641 agencies with the appropriate level of access to applications, 642 servers, network components, and other devices necessary for 643 agencies to perform their core business activities and 644 functions. 645 (2) BOARD OF TRUSTEES.—Each primary data center shall be 646 headed by a board of trustees as defined in s. 20.03. 647 (e) The executive director of the departmentAgency for648Enterprise Information Technologyshall be the advisor to the 649 board. 650 (3) BOARD DUTIES.—Each board of trustees of a primary data 651 center shall: 652 (b) Establish procedures for the primary data center to 653 ensure that budgeting and accounting procedures, cost-recovery 654 methodologies, and operating procedures are in compliance with 655 laws governing the state data center system, rules adopted by 656 the departmentAgency for Enterprise Information Technology, and 657 applicable federal regulations, including 2 C.F.R. part 225 and 658 45 C.F.R. 659 (e) Ensure the sufficiency and transparency of the primary 660 data center financial information by: 661 1. Establishing policies that ensure that cost-recovery 662 methodologies, billings, receivables, expenditure, budgeting, 663 and accounting data are captured and reported timely, 664 consistently, accurately, and transparently and, upon adoption 665 of rules by the departmentAgency for Enterprise Information666Technology, are in compliance with such rules. 667 2. Requiring execution of service-level agreements by the 668 data center and each customer entity for services provided by 669 the data center to the customer entity. 670 3. Requiring cost recovery for the full cost of services, 671 including direct and indirect costs. The cost-recovery 672 methodology must ensure that no service is subsidizing another 673 service without an affirmative vote of approval by the customer 674 entity providing the subsidy. 675 4. Establishing special assessments to fund expansions 676 based on a methodology that apportions the assessment according 677 to the proportional benefit to each customer entity. 678 5. Providing rebates to customer entities when revenues 679 exceed costs and offsetting charges to those who have subsidized 680 other customer entity costs based on actual prior year final 681 expenditures. Rebates may be credited against future billings. 682 6. Approving all expenditures committing over $50,000 in a 683 fiscal year. 684 7. Projecting costs and revenues at the beginning of the 685 third quarter of each fiscal year through the end of the fiscal 686 year. If in any given fiscal year the primary data center is 687 projected to earn revenues that are below costs for that fiscal 688 year after first reducing operating costs where possible, the 689 board shall implement any combination of the following remedies 690 to cover the shortfall: 691 a. The board may direct the primary data center to adjust 692 current year chargeback rates through the end of the fiscal year 693 to cover the shortfall. The rate adjustments shall be 694 implemented using actual usage rate and billing data from the 695 first three quarters of the fiscal year and the same principles 696 used to set rates for the fiscal year. 697 b. The board may direct the primary data center to levy 698 one-time charges on all customer entities to cover the 699 shortfall. The one-time charges shall be implemented using 700 actual usage rate and billing data from the first three quarters 701 of the fiscal year and the same principles used to set rates for 702 the fiscal year. 703 c. The customer entities represented by each board member 704 may provide payments to cover the shortfall in proportion to the 705 amounts each entity paid in the prior fiscal year. 706 8. Providing a plan for consideration by the Legislative 707 Budget Commission if a billing rate schedule is used after the 708 start of the fiscal year which increases any agency’s costs for 709 that fiscal year. 710 (h) By July 1 of each year, submit to the departmentAgency711for Enterprise Information Technologyproposed cost-recovery 712 mechanisms and rate structures for all customer entities for the 713 fiscal year including the cost-allocation methodology for 714 administrative expenditures and the calculation of 715 administrative expenditures as a percent of total costs. 716 (k) Coordinate with other primary data centers and the 717 departmentAgency for Enterprise Information Technologyin order 718 to consolidate purchases of goods and services and lower the 719 cost of providing services to customer entities. 720 (4) REPEAL.—This section expires January 1, 2015. 721 Section 8. Section 282.204, Florida Statutes, is repealed. 722 Section 9. Section 282.205, Florida Statutes, is repealed. 723 Section 10. Section 282.206, Florida Statutes, is created 724 to read: 725 282.206 Fletcher Shared Resource Center.—The Fletcher 726 Shared Resource Center is established within the Department of 727 Financial Services. 728 (1) The center shall collaborate with the Department of 729 State Technology to develop policies, procedures, standards, and 730 rules for the delivery of enterprise information technology 731 services. 732 (2) The center shall provide colocation services to the 733 Department of Legal Affairs and the Department of Agriculture 734 and Consumer Services if data center equipment is moved pursuant 735 to subsection (5) or subsection (6). 736 (3) The Department of Financial Services shall use the 737 Fletcher Shared Resource Center, provide full service to the 738 Office of Financial Regulation and the Office of Insurance 739 Regulation, and host the Legislative Appropriations 740 System/Planning and Budgeting Subsystem (LAS/PBS). 741 (4) The center shall be governed through a master 742 memorandum of understanding administered by a steering committee 743 composed of the chief information officers of the customer 744 entities residing in the center. The steering committee shall 745 meet quarterly in order to ensure that customers are receiving 746 expected services in accordance with the memorandum of 747 understanding and to discuss services and structure. The 748 committee may create ad hoc workgroups to account for, mitigate, 749 and manage any unforeseen issues. 750 (5) The Department of Legal Affairs may move its data 751 center equipment to the center. 752 (6) The Department of Agriculture and Consumer Services may 753 move its Mayo Building data center equipment to the center. 754 Section 11. Subsections (3) through (6) of section 282.318, 755 Florida Statutes, are amended to read: 756 282.318 Enterprise security of data and information 757 technology.— 758 (3) The department shall establishAgency for Enterprise759Information Technology is responsible for establishingrules and 760 publishpublishingguidelines for ensuring an appropriate level 761 of security for all data and information technology resources 762 for executive branch agencies. The departmentagencyshall also 763perform the following duties and responsibilities: 764 (a) Develop, and annually update by February 1, an 765 enterprise information security strategic plan that includes 766 security goals and objectives for the strategic issues of 767 information security policy, risk management, training, incident 768 management, and survivability planning. 769 (b) Develop enterprise security rules and published 770 guidelines for: 771 1. Comprehensive risk analyses and information security 772 audits conducted by state agencies. 773 2. Responding to suspected or confirmed information 774 security incidents, including suspected or confirmed breaches of 775 personal information or exempt data. 776 3. State agency security plans, including strategic 777 security plans and security program plans. 778 4. The recovery of information technology and data 779 following a disaster. 780 5. The managerial, operational, and technical safeguards 781 for protecting state government data and information technology 782 resources. 783 (c) Assist state agencies in complying withthe provisions784ofthis section. 785 (d) Pursue appropriate funding for the purpose of enhancing 786 domestic security. 787 (e) Provide training for state agency information security 788 managers. 789 (f) Annually review the strategic and operational 790 information security plans of stateexecutive branchagencies. 791 (4) To assist the departmentAgency for Enterprise792Information Technologyin carrying out its responsibilities, 793 each state agency head shall, at a minimum: 794 (a) Designate an information security manager to administer 795 the security program of the state agency for its data and 796 information technology resources. This designation must be 797 provided annually in writing to the departmentAgency for798Enterprise Information Technologyby January 1. 799 (b) Submit to the departmentAgency for Enterprise800Information Technologyannually by July 31, the state agency’s 801 strategic and operational information security plans developed 802 pursuant to the department’s rules and guidelinesestablished by803the Agency for Enterprise Information Technology. 804 1. The agency strategic information security plan must, at 805 a minimum, cover a 3-year period and define security goals, 806 intermediate objectives, and projected agency costs for the 807 strategic issues of agency information security policy, risk 808 management, security training, security incident response, and 809 survivability. The plan must be based on the enterprise 810 strategic information security plan created by the department 811Agency for Enterprise Information Technology.Additional issues812may be included.813 2. The agency operational information security plan must 814 include a progress report for the prior operational information 815 security plan and a project plan that includes activities, 816 timelines, and deliverables for security objectives that, 817 subject to current resources, the agency will implement during 818 the current fiscal year. The cost of implementing the portions 819 of the plan which cannot be funded from current resources must 820 be identified in the plan. 821 (c) Conduct, and update every 3 years, a comprehensive risk 822 analysis to determine the security threats to the data, 823 information, and information technology resources of the state 824 agency. The risk analysis information is confidential and exempt 825 fromthe provisions ofs. 119.07(1), except that such 826 information shall be available to the Auditor General and the 827 departmentAgency for Enterprise Information Technologyfor 828 performing postauditing duties. 829 (d) Develop, and periodically update, written internal 830 policies and procedures that, whichinclude procedures for 831 notifying the departmentAgency for Enterprise Information832Technologywhen a suspected or confirmed breach, or an 833 information security incident, occurs. Such policies and 834 procedures must be consistent with the rules and guidelines 835 established by the departmentAgency for Enterprise Information836Technologyto ensure the security of the data, information, and 837 information technology resources of the state agency. The 838 internal policies and procedures that, if disclosed, could 839 facilitate the unauthorized modification, disclosure, or 840 destruction of data or information technology resources are 841 confidential information and exempt from s. 119.07(1), except 842 that such information shall be available to the Auditor General 843 and the departmentAgency for Enterprise Information Technology844 for performing postauditing duties. 845 (e) Implement appropriate cost-effective safeguards to 846 address identified risks to the data, information, and 847 information technology resources of the state agency. 848 (f) Ensure that periodic internal audits and evaluations of 849 the agency’s security program for the data, information, and 850 information technology resources of the state agency are 851 conducted. The results of such audits and evaluations are 852 confidentialinformationand exempt from s. 119.07(1), except 853 that such information shall be available to the Auditor General 854 and the departmentAgency for Enterprise Information Technology855 for performing postauditing duties. 856 (g) Include appropriate security requirements in the 857 written specifications for the solicitation of information 858 technology and information technology resources and services, 859 which are consistent with the rules and guidelines established 860 by the departmentAgency for Enterprise Information Technology. 861 (h) Provide security awareness training to employees and 862 users of the state agency’s communication and information 863 resources concerning information security risks and the 864 responsibility of employees and users to comply with policies, 865 standards, guidelines, and operating procedures adopted by the 866 agency to reduce those risks. 867 (i) Develop a process for detecting, reporting, and 868 responding to suspected or confirmed security incidents, 869 including suspected or confirmed breaches consistent with the 870 security rules and guidelines established by the department 871Agency for Enterprise Information Technology. 872 1. Suspected or confirmed information security incidents 873 and breaches must be immediately reported to the department 874Agency for Enterprise Information Technology. 875 2. For incidents involving breaches, agencies shall provide 876 notice in accordance with s. 817.5681 and to the department 877Agency for Enterprise Information Technologyin accordance with 878 this subsection. 879 (5) Each state agency shall include appropriate security 880 requirements in the specifications for the solicitation of 881 contracts for procuring information technology or information 882 technology resources or services which are consistent with the 883 rules and guidelines established by the departmentAgency for884Enterprise Information Technology. 885 (6) The departmentAgency for Enterprise Information886Technologymay adopt rules relating to information security and 887 to administer the provisions of this section. 888 Section 12. Section 282.33, Florida Statutes, is repealed. 889 Section 13. Effective upon this act becoming a law, section 890 282.34, Florida Statutes, is repealed. 891 Section 14. Section 282.604, Florida Statutes, is amended 892 to read: 893 282.604 Adoption of rules.—The departmentof Management894Servicesshall, with input from stakeholders, adopt rules 895pursuant to ss. 120.536(1) and 120.54for the development, 896 procurement, maintenance, and use of accessible electronic 897 information technology by governmental units. 898 Section 15. Section 282.702, Florida Statutes, is amended 899 to read: 900 282.702 Powers and duties.—The departmentof Management901Servicesshall have the following powers, duties, and functions: 902 (1) To publish electronically the portfolio of services 903 available from the department, including pricing information; 904 the policies and procedures governing usage of available 905 services; and a forecast of the department’s priorities for each 906 telecommunications service. 907 (2) To adopt technical standards by rule for the state 908 telecommunications network which ensure the interconnection and 909 operational security of computer networks, telecommunications, 910 and information systems of agencies. 911 (3) To enter into agreements related to information 912 technology and telecommunications services with state agencies 913 and political subdivisions of the state. 914 (4) To purchase from or contract with information 915 technology providers for information technology, including 916 private line services. 917 (5) To apply for, receive, and hold authorizations, 918 patents, copyrights, trademarks, service marks, licenses, and 919 allocations or channels and frequencies to carry out the 920 purposes of this part. 921 (6) To purchase, lease, or otherwise acquire and to hold, 922 sell, transfer, license, or otherwise dispose of real, personal, 923 and intellectual property, including, but not limited to, 924 patents, trademarks, copyrights, and service marks. 925 (7) To cooperate with any federal, state, or local 926 emergency management agency in providing for emergency 927 telecommunications services. 928 (8) To control and approve the purchase, lease, or 929 acquisition and the use of telecommunications services, 930 software, circuits, and equipment provided as part of any other 931 total telecommunications system to be used by the state or its 932 agencies. 933 (9) To adopt rulespursuant to ss. 120.536(1) and 120.54934 relating to telecommunications and to administerthe provisions935ofthis part. 936 (10) To apply for and accept federal funds for the purposes 937 of this part as well as gifts and donations from individuals, 938 foundations, and private organizations. 939 (11) To monitor issues relating to telecommunications 940 facilities and services before the Florida Public Service 941 Commission and the Federal Communications Commission and, if 942 necessary, prepare position papers, prepare testimony, appear as 943 a witness, and retain witnesses on behalf of state agencies in 944 proceedings before the commissions. 945 (12) Unless delegated to the state agencies by the 946 department, to manage and control, but not intercept or 947 interpret, telecommunications within the SUNCOM Network by: 948 (a) Establishing technical standards to physically 949 interface with the SUNCOM Network. 950 (b) Specifying how telecommunications are transmitted 951 within the SUNCOM Network. 952 (c) Controlling the routing of telecommunications within 953 the SUNCOM Network. 954 (d) Establishing standards, policies, and procedures for 955 access to and the security of the SUNCOM Network. 956 (e) Ensuring orderly and reliable telecommunications 957 services in accordance with the service level agreements 958 executed with state agencies. 959 (13) To plan, design, and conduct experiments for 960 telecommunications services, equipment, and technologies, and to 961 implement enhancements in the state telecommunications network 962 if in the public interest and cost-effective. Funding for such 963 experiments must be derived from SUNCOM Network service revenues 964 and may not exceed 2 percent of the annual budget for the SUNCOM 965 Network for any fiscal year or as provided in the General 966 Appropriations Act. New services offered as a result of this 967 subsection may not affect existing rates for facilities or 968 services. 969 (14) To enter into contracts or agreements, with or without 970 competitive bidding or procurement, to make available, on a 971 fair, reasonable, and nondiscriminatory basis, property and 972 other structures under departmental control for the placement of 973 new facilities by any wireless provider of mobile service as 974 defined in 47 U.S.C. s. 153(27) or s. 332(d) and any 975 telecommunications company as defined in s. 364.02 if it is 976 practical and feasible to make such property or other structures 977 available. The department may, without adopting a rule, charge a 978 just, reasonable, and nondiscriminatory fee for the placement of 979 the facilities, payable annually, based on the fair market value 980 of space used by comparable telecommunications facilities in the 981 state. The department and a wireless provider or 982 telecommunications company may negotiate the reduction or 983 elimination of a fee in consideration of services provided to 984 the department by the wireless provider or telecommunications 985 company. All such fees collected by the department shall be 986 deposited directly into the Law Enforcement Radio Operating 987 Trust Fund,and may be used by the department to construct, 988 maintain, or support the system. 989 (15) To establish policies that ensure that the 990 department’s cost-recovery methodologies, billings, receivables, 991 expenditures, budgeting, and accounting data are captured and 992 reported timely, consistently, accurately, and transparently and 993 are in compliance with all applicable federal and state laws and 994 rules. The department shall annually submit a report to the 995 Governor, the President of the Senate, and the Speaker of the 996 House of Representatives whicha reportthatdescribes each 997 service and its cost, the billing methodology for recovering the 998 cost of the service, and, if applicable, the identity of those 999 services that are subsidized. 1000 Section 16. Subsections (4) and (5) of section 282.703, 1001 Florida Statutes, are amended to read: 1002 282.703 SUNCOM Network; exemptions from the required use.— 1003 (4) The department shall maintain a directory of 1004 information and services which provides the names, phone 1005 numbers, and e-mail addresses for employees, state agencies, and 1006 network devices that are served, in whole or in part, by the 1007 SUNCOM Network. State agencies and political subdivisions of the 1008 state shall cooperate with the department by providing timely 1009 and accurate directory information in the manner established by 1010 the department. 1011 (5) All state agencies shall use the SUNCOM Network for 1012 state agency telecommunications services as the services become 1013 available; however, a stateanagency is not relieved of 1014 responsibility for maintaining telecommunications services 1015 necessary for effective management of its programs and 1016 functions. The department may provide such communications 1017 services to a state university if requested by the university. 1018 (a) If a SUNCOM Network service does not meet the 1019 telecommunications requirements of a stateanagency, the state 1020 agency must notify the department in writing and detail the 1021 requirements for that service. If the department is unable to 1022 meet a stateanagency’s requirements by enhancing SUNCOM 1023 Network service, the department may grant the state agency an 1024 exemption from the required use of specified SUNCOM Network 1025 services. 1026 (b) Unless an exemption has been granted by the department, 1027 effective October 1, 2010, all customers of a shared resource 1028state primary datacenter, excluding state universities, must 1029 use the shared SUNCOM Network telecommunications services 1030 connecting the shared resourcestate primary datacenter to 1031 SUNCOM services for all telecommunications needs in accordance 1032 with department rules. 1033 1. Upon discovery of customer noncompliance with this 1034 paragraph, the department shall provide the affected customer 1035 with a schedule for transferring to the shared 1036 telecommunications services provided by the SUNCOM Network and 1037 an estimate of all associated costs. The shared resourcestate1038primary datacenters and their customers shall cooperate with 1039 the department to accomplish the transfer. 1040 2. Customers may request an exemption from this paragraph 1041 in the same manner as authorized in paragraph (a). 1042 Section 17. Subsections (1) and (2) of section 17.0315, 1043 Florida Statutes, are amended to read: 1044 17.0315 Financial and cash management system; task force.— 1045 (1) The Chief Financial Officer, as the constitutional 1046 officer responsible for settling and approving accounts against 1047 the state and keeping all state funds pursuant to s. 4, Art. IV 1048 of the State Constitution, isshall bethe head of and shall 1049 appoint members to a task force established to develop a 1050 strategic business plan for a successor financial and cash 1051 management system. The task force shall include the secretary 1052executive directorof the Department of StateAgency for1053Enterprise InformationTechnology and the director of the Office 1054 of Policy and Budget in the Executive Office of the Governor. 1055 Any member of the task force may appoint a designee. 1056 (2) The strategic business plan for a successor financial 1057 and cash management system must: 1058 (a) Permit proper disbursement and auditing controls 1059 consistent with the respective constitutional duties of the 1060 Chief Financial Officer and the Legislature; 1061 (b) Promote transparency in the accounting of public funds; 1062 (c) Provide timely and accurate recording of financial 1063 transactions by agencies and their professional staffs; 1064 (d) Support executive reporting and data analysis 1065 requirements; 1066 (e) Be capable of interfacing with other systems providing 1067 human resource services, procuring goods and services, and 1068 providing other enterprise functions; 1069 (f) Be capable of interfacing with the existing legislative 1070 appropriations, planning, and budgeting systems; 1071 (g) Be coordinated with the information technology strategy 1072 development efforts of the Department of StateAgency for1073Enterprise InformationTechnology; 1074 (h) Be coordinated with the revenue estimating conference 1075 process as supported by the Office of Economic and Demographic 1076 Research; and 1077 (i) Address other such issuesasthe Chief Financial 1078 Officer identifies. 1079 Section 18. Subsection (2) of section 20.22, Florida 1080 Statutes, is amended to read: 1081 20.22 Department of Management Services.—There is created a 1082 Department of Management Services. 1083 (2) The following divisions and programs are established 1084 within the departmentof Management Services are established: 1085 (a) Facilities Program. 1086(b) Technology Program.1087 (b)(c)Workforce Program. 1088 (c)(d)1.Support Program. 1089 (d)2.Federal Property Assistance Program. 1090 (e) Administration Program. 1091 (f) Division of Administrative Hearings. 1092 (g) Division of Retirement. 1093 (h) Division of State Group Insurance. 1094 Section 19. Paragraph (e) of subsection (2) of section 1095 110.205, Florida Statutes, is amended to read: 1096 110.205 Career service; exemptions.— 1097 (2) EXEMPT POSITIONS.—The exempt positions that are not 1098 covered by this part include the following: 1099 (e) The Chief Information Officer in the Department of 1100 StateAgency for Enterprise InformationTechnology. Unless 1101 otherwise fixed by law, the GovernorAgency for Enterprise1102Information Technologyshall set the salary and benefits of this 1103 position in accordance with the rules of the Senior Management 1104 Service. 1105 Section 20. Paragraph (o) of subsection (1) of section 1106 215.22, Florida Statutes, is amended to read: 1107 215.22 Certain income and certain trust funds exempt.— 1108 (1) The following income of a revenue nature or the 1109 following trust funds shall be exempt from the appropriation 1110 required by s. 215.20(1): 1111 (o) The Communications Working Capital Trust Fund of the 1112 Department of State TechnologyManagement Services. 1113 Section 21. Subsections (2) and (9) of section 215.322, 1114 Florida Statutes, are amended to read: 1115 215.322 Acceptance of credit cards, charge cards, debit 1116 cards, or electronic funds transfers by state agencies, units of 1117 local government, and the judicial branch.— 1118 (2) A state agency as defined in s. 216.011, or the 1119 judicial branch, may accept credit cards, charge cards, debit 1120 cards, or electronic funds transfers in payment for goods and 1121 services with the prior approval of the Chief Financial Officer. 1122 If the Internet or other related electronic methods are to be 1123 used as the collection medium, the Department of StateAgency1124for Enterprise InformationTechnology shall review and recommend 1125 to the Chief Financial Officer whether to approve the request 1126 with regard to the process or procedure to be used. 1127 (9) For payment programs in which credit cards, charge 1128 cards, or debit cards are accepted by state agencies, the 1129 judicial branch, or units of local government, the Chief 1130 Financial Officer, in consultation with the Department of State 1131Agency for Enterprise InformationTechnology, may adopt rules to 1132 establish uniform security safeguards for cardholder data and to 1133 ensure compliance with the Payment Card Industry Data Security 1134 Standards. 1135 Section 22. Subsection (2) of section 215.96, Florida 1136 Statutes, is amended to read: 1137 215.96 Coordinating council and design and coordination 1138 staff.— 1139 (2) The coordinating council shall consist of the Chief 1140 Financial Officer; the Commissioner of Agriculture; the Attorney 1141 General; the secretary of the Department of Management Services; 1142 the secretary of the Department of State Technologythe Attorney1143General; and the Director of Planning and Budgeting, Executive 1144 Office of the Governor, or their designees. The Chief Financial 1145 Officer, or his or her designee, shall be chair of the 1146coordinatingcouncil, and the design and coordination staff 1147 shall provide administrative and clerical support to the council 1148 and the board. The design and coordination staff shall maintain 1149 the minutes of each meeting andshallmake such minutes 1150 available to any interested person. The Auditor General, the 1151 State Courts Administrator, an executive officer of the Florida 1152 Association of State Agency Administrative Services Directors, 1153 and an executive officer of the Florida Association of State 1154 Budget Officers, or their designees, shall serve without voting 1155 rights as ex officio members ofonthecoordinatingcouncil. The 1156 chair may call meetings of thecoordinatingcouncil as often as 1157 necessary to transact business; however, thecoordinating1158 council mustshallmeet at least once a year. Action of the 1159 coordinating council shall be by motion, duly made, seconded and 1160 passed by a majority of thecoordinatingcouncil voting in the 1161 affirmative for approval of items that are to be recommended for 1162 approval to the Financial Management Information Board. 1163 Section 23. Paragraph (c) of subsection (6) of section 1164 216.292, Florida Statutes, is amended to read: 1165 216.292 Appropriations nontransferable; exceptions.— 1166 (6) The Chief Financial Officer shall transfer from any 1167 available funds of an agency or the judicial branch the 1168 following amounts and shall report all such transfers and the 1169 reasons therefor to the legislative appropriations committees 1170 and the Executive Office of the Governor: 1171 (c) The amount due to the Communications Working Capital 1172 Trust Fund from moneys appropriated in the General 1173 Appropriations Act for the purpose of paying for services 1174 provided by the state communications system in the Department of 1175 State TechnologyManagement Serviceswhich is unpaid 45 days 1176 after the billing date. The amount transferred shall be that 1177 billed by the department. 1178 Section 24. Subsection (15) of section 287.012, Florida 1179 Statutes, is amended to read: 1180 287.012 Definitions.—As used in this part, the term: 1181 (15) “Information technology” means equipment, hardware, 1182 software, firmware, programs, systems, networks, infrastructure, 1183 media, and related material used to automatically, 1184 electronically, and wirelessly collect, receive, access, 1185 transmit, display, store, record, retrieve, analyze, evaluate, 1186 process, classify, manipulate, manage, assimilate, control, 1187 communicate, exchange, convert, converge, interface, switch, or 1188 disseminate information of any kind or formhas thesamemeaning1189as providedin s. 282.0041. 1190 Section 25. Subsection (17) of section 318.18, Florida 1191 Statutes, is amended to read: 1192 318.18 Amount of penalties.—The penalties required for a 1193 noncriminal disposition pursuant to s. 318.14 or a criminal 1194 offense listed in s. 318.17 are as follows: 1195 (17) In addition to any penalties imposed, a surcharge of 1196 $3 must be paid for all criminal offenses listed in s. 318.17 1197 and for all noncriminal moving traffic violations under chapter 1198 316. Revenue from the surcharge shall be remitted to the 1199 Department of Revenue and deposited quarterly into the State 1200 Agency Law Enforcement Radio System Trust Fund of the Department 1201 of State TechnologyManagement Servicesfor the state agency law 1202 enforcement radio system, as described in s. 282.709, and to 1203 provide technical assistance to state agencies and local law 1204 enforcement agencies with their statewide systems of regional 1205 law enforcement communications, as described in s. 282.7101. 1206 This subsection expires July 1, 2021. The Department of State 1207 TechnologyManagement Servicesmay retain funds sufficient to 1208 recover the costs and expenses incurred for managing, 1209 administering, and overseeing the Statewide Law Enforcement 1210 Radio System, and providing technical assistance to state 1211 agencies and local law enforcement agencies with their statewide 1212 systems of regional law enforcement communications. The 1213 Department of State TechnologyManagement Servicesworking in 1214 conjunction with the Joint Task Force on State Agency Law 1215 Enforcement Communications shall determine and direct the 1216 purposes for which these funds are used to enhance and improve 1217 the radio system. 1218 Section 26. Section 320.0802, Florida Statutes, is amended 1219 to read: 1220 320.0802 Surcharge on license tax.—There is hereby levied 1221 and imposed on each license tax imposed under s. 320.08, except 1222 those set forth in s. 320.08(11), a surcharge in the amount of 1223 $1, which shall be collected in the same manner as the license 1224 tax and deposited into the State Agency Law Enforcement Radio 1225 System Trust Fund of the Department of State Technology 1226Management Services. 1227 Section 27. Subsection (9) of section 328.72, Florida 1228 Statutes, is amended to read: 1229 328.72 Classification; registration; fees and charges; 1230 surcharge; disposition of fees; fines; marine turtle stickers.— 1231 (9) SURCHARGE.—In addition, there is hereby levied and 1232 imposed on each vessel registration fee imposed under subsection 1233 (1) a surcharge in the amount of $1 for each 12-month period of 1234 registration, which shall be collected in the same manner as the 1235 fee and deposited into the State Agency Law Enforcement Radio 1236 System Trust Fund of the Department of State Technology 1237Management Services. 1238 Section 28. Subsections (2) through (5) of section 1239 364.0135, Florida Statutes, are amended to read: 1240 364.0135 Promotion of broadband adoption.— 1241 (2) The Department of State Technology mayManagement1242Services is authorized towork collaboratively with, andto1243 receive staffing support and other resources from, Enterprise 1244 Florida, Inc., state agencies, local governments, private 1245 businesses, and community organizations to: 1246 (a) Monitor the adoption of broadband Internet service in 1247 collaboration with communications service providers, including, 1248 but not limited to, wireless and wireline Internet service 1249 providers, to develop geographical information system maps at 1250 the census tract level thatwill: 1251 1. Identify geographic gaps in broadband services, 1252 including areas unserved by any broadband provider and areas 1253 served by a single broadband provider; 1254 2. Identify the download and upload transmission speeds 1255 made available to businesses and individuals in the state, at 1256 the census tract level of detail, using data rate benchmarks for 1257 broadband service used by the Federal Communications Commission 1258 to reflect different speed tiers; and 1259 3. Provide a baseline assessment of statewide broadband 1260 deployment in terms of percentage of households with broadband 1261 availability. 1262 (b) Create a strategic plan that has goals and strategies 1263 for increasing the use of broadband Internet service in the 1264 state. 1265 (c) Build and facilitate local technology planning teams or 1266 partnerships with members representing cross-sections of the 1267 community, which may include, but are not limited to, 1268 representatives from the following organizations and industries: 1269 libraries, K-12 education, colleges and universities, local 1270 health care providers, private businesses, community 1271 organizations, economic development organizations, local 1272 governments, tourism, parks and recreation, and agriculture. 1273 (d) Encourage the use of broadband Internet service, 1274 especially in the rural, unserved, and underserved communities 1275 of the state, through grant programs having effective strategies 1276 to facilitate the statewide deployment of broadband Internet 1277 service. For any grants to be awarded, priority must be given to 1278 projects that: 1279 1. Provide access to broadband education, awareness, 1280 training, access, equipment, and support to libraries, schools, 1281 colleges and universities, health care providers, and community 1282 support organizations. 1283 2. Encourage the sustainable adoption of broadband in 1284 primarily unserved areas by removing barriers to entry. 1285 3. Work toward encouraging investments in establishing 1286 affordable and sustainable broadband Internet service in 1287 unserved areas of the state. 1288 4. Facilitate the development of applications, programs, 1289 and services, including, but not limited to, telework, 1290 telemedicine, and e-learning to increase the usage of, and 1291 demand for, broadband Internet service in the state. 1292 (3) The Department of State Technology may: 1293 (a) Apply for and accept federal funds for the purposes of 1294 this section, as well as gifts and donations from individuals, 1295 foundations, and private organizations. 1296(4) The Department may1297 (b) Enter into contracts necessary or useful to carry out 1298 the purposes of this section. 1299 (c)(5)The department mayEstablish any committee or 1300 workgroup to administer and carry out the purposes of this 1301 section. 1302 Section 29. Subsections (3), (4), (5), (7), (9), and (10) 1303 of section 365.171, Florida Statutes, are amended to read: 1304 365.171 Emergency communications number E911 state plan.— 1305 (3) DEFINITIONS.—As used in this section, the term: 1306 (a) “Department” means the Department of State Technology 1307“Office” means the Technology Program within the Department of1308Management Services, as designated by the secretary of the1309department. 1310 (b) “Local government” means any municipalitycity, county, 1311 or political subdivision of the state and its agencies. 1312 (c) “Public agency” means the state and any municipality 1313city, county,city and county, municipal corporation,chartered 1314 organization, specialpublicdistrict, or public authority 1315 located in whole or in part within this state which provides, or 1316 has authority to provide, firefighting, law enforcement, 1317 ambulance, medical, or other emergency services. 1318 (d) “Public safety agency” means a functional division of a 1319 public agency which provides firefighting, law enforcement, 1320 medical, or other emergency services. 1321 (4) STATE PLAN.—The departmentofficeshall develop, 1322 maintain, and implement appropriate modifications for a 1323 statewide emergency communications E911 system plan. The plan 1324 shall provide for: 1325 (a) The public agency emergency communications requirements 1326 for each entity of local government in the state. 1327 (b) A system to meet specific local government 1328 requirements. Such system mustshallinclude law enforcement, 1329 firefighting, and emergency medical services and may include 1330 other emergency services such as poison control, suicide 1331 prevention, and emergency management services. 1332 (c) Identification of the mutual aid agreements necessary 1333 to obtain an effective E911 system. 1334 (d) A funding provision that identifies the cost necessary 1335 to implement the E911 system. 1336 1337 The department isoffice shall beresponsible for the 1338 implementation and coordination of such plan. The department 1339officeshall adopt any necessary rules and schedules related to 1340 public agencies for implementing and coordinating the plan, 1341 pursuant to chapter 120. 1342 (5) SYSTEM DIRECTOR.—The secretary of the department or his 1343 or her designee is designated as the director of the statewide 1344 emergency communications number E911 system and, for the purpose 1345 of carrying out the provisions of this section, mayis1346authorized tocoordinate the activities of the system with 1347 state, county, local, and private agencies.The directorIn 1348 implementing the system, the director shall consult, cooperate, 1349 and coordinate with local law enforcement agencies. 1350 (7) TELECOMMUNICATIONS INDUSTRY COORDINATION.—The 1351 departmentofficeshall coordinate with the Florida Public 1352 Service Commission which shall encourage the Florida 1353 telecommunications industry to activate facility modification 1354 plans for timely E911 implementation. 1355 (9) SYSTEM APPROVAL.—AnNoemergency communications number 1356 E911 system may notshallbe established and an existingno1357presentsystem may notshallbe expanded without the prior 1358 approval of the departmentoffice. 1359 (10) COMPLIANCE.—All public agencies shall assist the 1360 departmentofficein their efforts to carry out the intent of 1361 this section, and such agencies shall comply with the developed 1362 plan. 1363 Section 30. Present paragraphs (h) through (s) of 1364 subsection (3) of section 365.172, Florida Statutes, are 1365 redesignated as paragraphs (i) through (t), respectively, a new 1366 paragraph (h) is added to that subsection, and paragraph (d) of 1367 subsection (2), present paragraph (t) of subsection (3), 1368 subsection (4), paragraph (a) of subsection (5), paragraph (c) 1369 of subsection (6), and paragraph (f) of subsection (12) of that 1370 section are amended, to read: 1371 365.172 Emergency communications number “E911.”— 1372 (2) LEGISLATIVE INTENT.—It is the intent of the Legislature 1373 to: 1374 (d) Provide for an E911 board to administer the fee, with 1375 oversight by the departmentoffice, in a manner that is 1376 competitively and technologically neutral with respectasto all 1377 voice communications services providers. 1378 1379 It is further the intent of the Legislature that the fee 1380 authorized or imposed by this section not necessarily provide 1381 the total funding required for establishing or providing E911 1382 service. 1383 (3) DEFINITIONS.—Only as used in this section and ss. 1384 365.171, 365.173, and 365.174, the term: 1385 (h) “Department” means the Department of State Technology. 1386(t) “Office” means the Technology Program within the1387Department of Management Services, as designated by the1388secretary of the department.1389 (4) POWERS AND DUTIES OF THE DEPARTMENTOFFICE.—The 1390 departmentofficeshall oversee the administration of the fee 1391 authorized and imposed on subscribers of voice communications 1392 services under subsection (8). 1393 (5) THE E911 BOARD.— 1394 (a) The E911 Board is established to administer, with 1395 oversight by the departmentoffice, the fee imposed under 1396 subsection (8), includingreceivingrevenues derived from the 1397 fee; distributing portions of the revenues to wireless 1398 providers, counties, and the departmentoffice; accounting for 1399 receipts, distributions, and income derived frombythe funds 1400 maintained in the fund; and providing annual reports to the 1401 Governor and the Legislature for submission by the department 1402officeon amounts collected and expended, the purposes for which 1403 expenditures have been made, and the status of E911 service in 1404 this state. In order to advise and assist the departmentoffice1405 in administeringimplementing the purposes ofthis section, the 1406 board, which has the power of a body corporate, has the powers 1407 enumerated in subsection (6). 1408 (6) AUTHORITY OF THE BOARD; ANNUAL REPORT.— 1409 (c) By February 28 of each year, the board shall prepare a 1410 report for submission by the departmentofficeto the Governor, 1411 the Cabinet, the President of the Senate, and the Speaker of the 1412 House of Representatives which addresses for the immediately 1413 preceding calendar year: 1414 1. The annual receipts, including the total amount of fee 1415 revenues collected by each provider, the total disbursements of 1416 money in the fund, including the amount of fund-reimbursed 1417 expenses incurred by each wireless provider to comply with the 1418 order, and the amount of moneys on deposit in the fund. 1419 2. Whether the amount of the fee and the allocation 1420 percentages set forth in s. 365.173 have been or should be 1421 adjusted to comply with therequirements of theorder or other 1422 provisions of this chapter, and the reasons for making or not 1423 making a recommended adjustment to the fee. 1424 3. Any other issues related to providing E911 services. 1425 4. The status of E911 services in this state. 1426 (12) FACILITATING E911 SERVICE IMPLEMENTATION.—To balance 1427 the public need for reliable E911 services through reliable 1428 wireless systems and the public interest served by governmental 1429 zoning and land development regulations and notwithstanding any 1430 other law or local ordinance to the contrary, the following 1431 standards shall apply to a local government’s actions, as a 1432 regulatory body, in the regulation of the placement, 1433 construction, or modification of a wireless communications 1434 facility. This subsection shall not, however, be construed to 1435 waive or alter the provisions of s. 286.011 or s. 286.0115. For 1436 the purposes of this subsection only, “local government” shall 1437 mean any municipality or county and any agency of a municipality 1438 or county only. The term “local government” does not, however, 1439 include any airport, as defined by s. 330.27(2), even if it is 1440 owned or controlled by or through a municipality, county, or 1441 agency of a municipality or county. Further, notwithstanding 1442 anything in this section to the contrary, this subsection does 1443 not apply to or control a local government’s actions as a 1444 property or structure owner in the use of any property or 1445 structure owned by such entity for the placement, construction, 1446 or modification of wireless communications facilities. In the 1447 use of property or structures owned by the local government, 1448 however, a local government may not use its regulatory authority 1449 so as to avoid compliance with, or in a manner that does not 1450 advance, the provisions of this subsection. 1451 (f) Notwithstanding any other lawto the contrary1452notwithstanding, the department and the Department of Management 1453 Services shall negotiate, in the name of the state, leases for 1454 wireless communications facilities that provide access to state 1455 government-owned property not acquired for transportation 1456 purposes, and the Department of Transportation shall negotiate, 1457 in the name of the state, leases for wireless communications 1458 facilities that provide access to property acquired for state 1459 rights-of-way. On property acquired for transportation purposes, 1460 leases shall be granted in accordance with s. 337.251. On other 1461 state government-owned property, leases shall be granted on a 1462 space available, first-come, first-served basis. Payments 1463 required by state government under a lease must be reasonable 1464 andmustreflect the market rate for the use of the state 1465 government-owned property. The departmentof Management Services1466 and the Department of Transportation mayare authorized toadopt 1467 rules for the terms and conditions and granting of any such 1468 leases. 1469 Section 31. Subsection (1) and paragraph (g) of subsection 1470 (2) of section 365.173, Florida Statutes, are amended to read: 1471 365.173 Emergency Communications Number E911 System Fund.— 1472 (1) All revenues derived from the fee levied on subscribers 1473 under s. 365.172 must be paid by the board into the State 1474 Treasury on or before the 15th day of each month. Such moneys 1475 must be accounted for in a special fund to be designated as the 1476 Emergency Communications Number E911 System Fund, a fund created 1477 in the Department of State TechnologyProgram,or other office1478as designated by the Secretary of Management Services,and, for 1479 accounting purposes,must besegregated into two separate 1480 categories: 1481 (a) The wireless category; and 1482 (b) The nonwireless category. 1483 1484 All moneys must be invested by the Chief Financial Officer 1485 pursuant to s. 17.61. All moneys in such fund shallare tobe 1486 expended by the departmentofficefor the purposes provided in 1487 this section and s. 365.172. These funds are not subject to s. 1488 215.20. 1489 (2) As determined by the board pursuant to s. 1490 365.172(8)(h), and subject to any modifications approved by the 1491 board pursuant to s. 365.172(6)(a)3. or (8)(i), the moneys in 1492 the fund shall be distributed and used only as follows: 1493 (g) Two percent of the moneys in the fund shall be used to 1494 make monthly distributions to rural counties for the purpose of 1495 providing facilities and network and service enhancements and 1496 assistance for the 911 or E911 systems operated by rural 1497 counties and for the provision of grants by the department 1498officeto rural counties for upgrading and replacing E911 1499 systems. 1500 1501 The Legislature recognizes that the fee authorized under s. 1502 365.172 may not necessarily provide the total funding required 1503 for establishing or providing the E911 service. It is the intent 1504 of the Legislature that all revenue from the fee be used as 1505 specified in this subsection. 1506 Section 32. Subsection (1) of section 365.174, Florida 1507 Statutes, is amended to read: 1508 365.174 Proprietary confidential business information.— 1509 (1) All proprietary confidential business information 1510 submitted by a provider to the board or the Department of State 1511 Technologyoffice, including the name and billing or service 1512 addresses of service subscribers, and trade secrets as defined 1513 by s. 812.081, is confidential and exempt from s. 119.07(1) and 1514 s. 24(a), Art. I of the State Constitution. Statistical 1515 abstracts of information collected by the board or the 1516 departmentofficemay be released or published, but only in a 1517 manner that does not identify or allow identification of 1518 subscribers or their service numbers or of revenues attributable 1519 to any provider. 1520 Section 33. Section 401.013, Florida Statutes, is amended 1521 to read: 1522 401.013 Legislative intent.—It is the intention and purpose 1523 of the Legislature that a statewide system of regional emergency 1524 medical telecommunications be developed whereby the maximum use 1525 of existing radio channels is achieved in order to more 1526 effectively and rapidly provide emergency medical service to the 1527 general population. To this end, all emergency medical service 1528 entities within the state are directed to provide the Department 1529 of State TechnologyManagement Serviceswith any information the 1530 department requests for the purpose of implementingthe1531provisions ofs. 401.015, and such entities mustshallcomply 1532 with the resultant provisions established pursuant to this part. 1533 Section 34. Section 401.015, Florida Statutes, is amended 1534 to read: 1535 401.015 Statewide regional emergency medical 1536 telecommunication system.—The Department of State Technology 1537 shallManagement Services is authorized and directed todevelop 1538 a statewide system of regional emergency medical 1539 telecommunications. For the purpose of this part, the term 1540 “telecommunications” meansthosevoice, data, and signaling 1541 transmissions and receptions between emergency medical service 1542 components, including, but not limited to: ambulances; rescue 1543 vehicles; hospitals or other related emergency receiving 1544 facilities; emergency communications centers; physicians and 1545 emergency medical personnel; paging facilities; law enforcement 1546 and fire protection agencies; and poison control, suicide, and 1547 emergency management agencies. In formulating such a system, the 1548 agencydepartmentshall divide the state into appropriate 1549 regions andshalldevelop a program thatwhichincludes, but is 1550 not limited to, the following provisions: 1551 (1) A requirements provision that states, which shall state1552 the telecommunications requirements for each emergency medical 1553 entity comprising the region. 1554 (2) An interfacility communications provision that depicts,1555which shall depictthe telecommunications interfaces between the 1556 various medical service entities which operate within the region 1557 and state. 1558 (3) An organizational layout provision that includes, which1559shall includeeach emergency medical entity and the number of 1560 radio operating units (base, mobile, handheld, etc.) per entity. 1561 (4) A frequency allocation and use provision that includes,1562which shall includeon an entity basis each assigned and planned 1563 radio channel and the type of operation, such as(simplex, 1564 duplex, or half duplex, requiredetc.)on each channel. 1565 (5) An operational provision that includes, which shall1566includedispatching, logging, and operating procedures 1567 pertaining to telecommunications on an entity basis and regional 1568 basis. 1569 (6) An emergency medical service telephone provision that 1570 includes, which shall includethe telephone and the numbering 1571 plan throughout the region for both the public and interface 1572 requirements. 1573 Section 35. Section 401.018, Florida Statutes, is amended 1574 to read: 1575 401.018 System coordination.— 1576 (1) The statewide system of regional emergency medical 1577 telecommunications shall be developed by the Department of State 1578 TechnologyManagement Services, whichdepartmentshall be 1579 responsible for the implementation and coordination of such 1580 system into the state telecommunications plan. The department 1581 shall adopt any necessary rulesand regulationsfor 1582 administeringimplementingand coordinating such a system. 1583 (2) The Department of State Technology isManagement1584Services shall bedesignated as the state frequency coordinator 1585 for the special emergency radio service. 1586 Section 36. Section 401.021, Florida Statutes, is amended 1587 to read: 1588 401.021 System director.—The Secretary of the Department of 1589 State TechnologyManagement Servicesor his or her designee is 1590 designated as the director of the statewide telecommunications 1591 system of the regional emergency medical service and, for the 1592 purpose of carrying out the provisions of this part, mayis1593authorized tocoordinate the activities of the 1594 telecommunications system with other interested state, county, 1595 local, and private agencies. 1596 Section 37. Section 401.024, Florida Statutes, is amended 1597 to read: 1598 401.024 System approval.—AnFrom July 1, 1973, noemergency 1599 medical telecommunications system may notshallbe established 1600 or present systems expanded without prior approval of the 1601 Department of State TechnologyManagement Services. 1602 Section 38. Section 401.027, Florida Statutes, is amended 1603 to read: 1604 401.027 Federal assistance.—The Secretary of the Department 1605 of State TechnologyManagement Servicesor his or her designee 1606 mayis authorizedtoapply for and accept federal funding 1607 assistance in the development and implementation of a statewide 1608 emergency medical telecommunications system. 1609 Section 39. Subsection (4) of section 445.011, Florida 1610 Statutes, is amended to read: 1611 445.011 Workforce information systems.— 1612 (4) Workforce Florida, Inc., shall coordinate development 1613 and implementation of workforce information systems with the 1614 Secretaryexecutive directorof the Department of StateAgency1615for Enterprise InformationTechnology to ensure compatibility 1616 with the state’s information system strategy and enterprise 1617 architecture. 1618 Section 40. Subsection (2) and paragraphs (a) and (b) of 1619 subsection (4) of section 445.045, Florida Statutes, are amended 1620 to read: 1621 445.045 Development of an Internet-based system for 1622 information technology industry promotion and workforce 1623 recruitment.— 1624 (2) Workforce Florida, Inc., shall coordinate with the 1625 Department of StateAgency for Enterprise InformationTechnology 1626 and the Department of Economic Opportunity to ensure that links, 1627 where feasible and appropriate, to existing job information 1628 websites maintained by the state and state agencies andto1629ensurethat information technology positions offered by the 1630 state and state agencies are posted on the information 1631 technology website. 1632 (4)(a) Workforce Florida, Inc., shall coordinate 1633 development and maintenance of the website under this section 1634 with the Secretaryexecutive directorof the Department of State 1635Agency for Enterprise InformationTechnology to ensure 1636 compatibility with the state’s information system strategy and 1637 enterprise architecture. 1638 (b) Workforce Florida, Inc., may enter into an agreement 1639 with the Department of StateAgency for Enterprise Information1640 Technology, the Department of Economic Opportunity, or any other 1641 public agency with the requisite information technology 1642 expertise for the provision of design, operating, or other 1643 technological services necessary to develop and maintain the 1644 website. 1645 Section 41. Paragraph (b) of subsection (18) of section 1646 668.50, Florida Statutes, is amended to read: 1647 668.50 Uniform Electronic Transaction Act.— 1648 (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY 1649 GOVERNMENTAL AGENCIES.— 1650 (b) To the extent that a governmental agency uses 1651 electronic records and electronic signatures under paragraph 1652 (a), the Department of StateAgency for Enterprise Information1653 Technology, in consultation with the governmental agency, giving 1654 due consideration to security, may specify: 1655 1. The manner and format in which the electronic records 1656 must be created, generated, sent, communicated, received, and 1657 stored and the systems established for those purposes. 1658 2. If electronic records must be signed by electronic 1659 means, the type of electronic signature required, the manner and 1660 format in which the electronic signature must be affixed to the 1661 electronic record, and the identity of, or criteria that must be 1662 met by, any third party used by a person filing a document to 1663 facilitate the process. 1664 3. Control processes and procedures as appropriate to 1665 ensure adequate preservation, disposition, integrity, security, 1666 confidentiality, and auditability of electronic records. 1667 4. Any other required attributes for electronic records 1668 which are specified for corresponding nonelectronic records or 1669 reasonably necessary under the circumstances. 1670 Section 42. Transfer from the Executive Office of the 1671 Governor.—All of the powers, duties, functions, records, 1672 personnel, and property; funds, trust funds, and unexpended 1673 balances of appropriations, allocations, and other funds; 1674 administrative authority; administrative rules; pending issues; 1675 and existing contracts of the Agency for Enterprise Information 1676 Technology within the Executive Office of the Governor shall 1677 continue and to the extent necessary are transferred by a type 1678 one transfer as provided under s. 20.06(1), Florida Statutes, to 1679 the Department of State Technology. 1680 Section 43. Effective January 1, 2015: 1681 (1) The Technology Program established under s. 20.22(2), 1682 Florida Statutes, is transferred intact by a type one transfer 1683 as provided under s. 20.06(1), Florida Statutes, from the 1684 Department of Management Services to the Department of State 1685 Technology. 1686 (2) All of the powers, duties, functions, records, 1687 personnel, and property; funds, trust funds, and unexpended 1688 balances of appropriations, allocations, and other funds; 1689 administrative authority; administrative rules; pending issues; 1690 and existing contracts relating to the following 1691 responsibilities of the Department of Management Services are 1692 transferred by a type one transfer as provided under s. 1693 20.06(1), Florida Statutes, to the Department of State 1694 Technology: 1695 (a) Administrative and regulatory responsibilities under 1696 part II of chapter 282, Florida Statutes, consisting of ss. 1697 282.601-282.606, Florida Statutes, relating to accessibility of 1698 electronic information and information technology for state 1699 employees and members of the public with disabilities, including 1700 the responsibility for rules for the development, procurement, 1701 maintenance, and use of accessible electronic information 1702 technology by governmental units pursuant to s. 282.604, Florida 1703 Statutes. 1704 (b) Administrative and regulatory responsibilities under 1705 part III of chapter 282, Florida Statutes, consisting of ss. 1706 282.701-282.711, Florida Statutes, relating to the state 1707 telecommunications network, state communications, 1708 telecommunications services with state agencies and political 1709 subdivisions of the state, the SUNCOM network, the law 1710 enforcement radio system and interoperability network, regional 1711 law enforcement communications, and remote electronic access. 1712 (c) Administrative and regulatory responsibilities under s. 1713 364.0135, Florida Statutes, relating to broadband Internet 1714 service. 1715 (d) Administrative and regulatory responsibilities under 1716 ss. 365.171-365.175, Florida Statutes, relating to E911 1717 services. 1718 (e) Administrative and regulatory responsibilities under 1719 part I of chapter 401, Florida Statutes, consisting of ss. 1720 401.013-401.027, Florida Statutes, relating to a statewide 1721 system of regional emergency medical telecommunications. 1722 (3)(a) The following trust funds are transferred by a type 1723 one transfer as provided under s. 20.06(1), Florida Statutes, 1724 from the Department of Management Services to the Department of 1725 State Technology: 1726 1. The Communications Working Capital Trust Fund. 1727 2. The Emergency Communications Number E911 System Fund. 1728 3. The State Agency Law Enforcement Radio System Trust 1729 Fund. 1730 4. The Federal Grants Trust Fund. 1731 (b) All unexpended balances of appropriations, allocations, 1732 and other funds of the Department of Management Services 1733 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171 1734 365.175, and part I of chapter 401, Florida Statutes, which are 1735 not specifically transferred by this subsection are transferred 1736 by a type one transfer as provided under s. 20.06(1), Florida 1737 Statutes, to the Department of State Technology. 1738 (4) All lawful orders issued by the Department of 1739 Management Services implementing or enforcing or otherwise in 1740 regard to ss. 282.701-282.711, s. 364.0135, ss. 365.171-365.175, 1741 or part I of chapter 401, Florida Statutes, issued before 1742 January 1, 2015, shall remain in effect and be enforceable after 1743 that date unless thereafter modified in accordance with law. 1744 (5) Any binding contract or interagency agreement entered 1745 into pursuant to ss. 282.701-282.711, s. 364.0135, ss. 365.171 1746 365.175, or part I of chapter 401, Florida Statutes, and 1747 existing before January 1, 2015, between the Department of 1748 Management Services or an entity or agent of the department and 1749 any other agency, entity, or person shall continue as a binding 1750 contract or agreement for the remainder of the term of such 1751 contract or agreement on the Department of State Technology. 1752 (6) The rules of the Department of Management Services 1753 relating to ss. 282.701-282.711, s. 364.0135, ss. 365.171 1754 365.175, or part I of chapter 401, Florida Statutes, that were 1755 in effect at 11:59 p.m. on December 31, 2014, shall become the 1756 rules of the Department of State Technology and remain in effect 1757 until amended or repealed in the manner provided by law. 1758 (7) The transfer of regulatory authority under ss. 282.701 1759 282.711, s. 364.0135, ss. 365.171-365.175, or part I of chapter 1760 401, Florida Statutes, provided by this section does not affect 1761 the validity of any judicial or administrative action pending as 1762 of 11:59 p.m. on December 31, 2014, to which the Department of 1763 Management Services is at that time a party, and the Department 1764 of State Technology shall be substituted as a party in interest 1765 in any such action. 1766 (8) The Northwood Shared Resource Center is transferred by 1767 a type one transfer as provided under s. 20.06(1), Florida 1768 Statutes, from the Department of Management Services to the 1769 Department of State Technology. 1770 (a) Any binding contract or interagency agreement entered 1771 into between the Northwood Shared Resource Center or an entity 1772 or agent of the center and any other agency, entity, or person 1773 shall continue as a binding contract or agreement for the 1774 remainder of the term of such contract or agreement on the 1775 Department of State Technology. 1776 (b) The rules of the Northwood Shared Resource Center that 1777 were in effect at 11:59 p.m. on December 31, 2014, shall become 1778 the rules of the Department of State Technology and shall remain 1779 in effect until amended or repealed in the manner provided by 1780 law. 1781 (9) The Southwood Shared Resource Center is transferred by 1782 a type one transfer, as defined in s. 20.06, Florida Statutes, 1783 from the Department of Management Services to the Department of 1784 State Technology. 1785 (a) Any binding contract or interagency agreement entered 1786 into between the Southwood Shared Resource Center or an entity 1787 or agent of the center and any other agency, entity, or person 1788 shall continue as a binding contract or agreement for the 1789 remainder of the term of such contract or agreement on the 1790 Department of State Technology. 1791 (b) The rules of the Southwood Shared Resource Center that 1792 were in effect at 11:59 p.m. on December 31, 2014, shall become 1793 the rules of the Department of State Technology and shall remain 1794 in effect until amended or repealed in the manner provided by 1795 law. 1796 Section 44. An employee transferred to the Department of 1797 State Technology by this act shall retain the same status of his 1798 or her current position upon the transfer of that position to 1799 the department. 1800 Section 45. For the 2014-2015 fiscal year, the sum of 1801 $2,865,108 in recurring general revenue funds, $2,134,892 in 1802 nonrecurring general revenue funds, and 24 full-time equivalent 1803 positions and associated salary rate of 2,010,951 are 1804 appropriated to the Department of State Technology for the 1805 purpose of implementing this act. 1806 Section 46. Except as otherwise expressly provided in this 1807 act, and except for this section, which shall take effect upon 1808 this act becoming a law, this act shall take effect July 1, 1809 2014.