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Senate Bill 1334er

Senate Bill 1334er

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  1

  2         An act relating to electronic commerce;

  3         providing a short title; providing definitions;

  4         providing scope; providing for prospective

  5         application; providing for use of electronic

  6         records and signatures; providing for variation

  7         by agreement among parties using electronic

  8         records and electronic signatures; providing

  9         construction and application; providing for

10         uniformity; providing for legal recognition of

11         electronic records, signatures, and contracts;

12         providing for provision of information in

13         writing; providing for presentation of records;

14         providing for attribution and effect of

15         electronic records and electronic signatures;

16         providing for the effect of changes or errors

17         in electronic records; providing for

18         notarization and acknowledgment; providing for

19         retention of electronic records and originals;

20         providing for admissibility of electronic

21         records as evidence; providing for rules

22         applying to automated transactions; providing

23         for time and place of sending and receiving

24         electronic records and signatures; providing

25         for transferable records; providing for

26         creation and retention of electronic records by

27         governmental agencies; providing for conversion

28         of written records by governmental agencies;

29         providing for acceptance and distribution of

30         electronic records by governmental agencies;

31         providing for interoperability; providing


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  1         severability; requiring the county recorders to

  2         provide a statewide index of official records

  3         available on the Internet by a time certain;

  4         providing for security; requiring that the

  5         Internet information shall not be admissible in

  6         court; authorizing charging a reasonable fee

  7         for certain purposes; providing that the

  8         official records must be made available for

  9         electronic retrieval on the statewide site by a

10         time certain; amending ss. 282.005, 282.101,

11         282.102, 282.103, 282.104, 282.105, 282.106,

12         282.107, 282.1095, 282.111, 282.20, 282.21,

13         282.22, 282.303, 282.3031, 282.3032, 282.3041,

14         282.3055, 282.3063, F.S.; providing legislative

15         findings and creating the State Technology

16         Office within the Department of Management

17         Services; providing for the Chief Information

18         Officer to be in charge of the office;

19         requiring the office to provide support and

20         guidance to all state agencies in order to

21         enhance the state's use and management of

22         information technology resources; providing for

23         a study and recommendations concerning online

24         voting; providing for enterprise resource

25         planning and management by each state agency in

26         consultation with the office; creating s.

27         282.3095, F.S.; directing the State Technology

28         Office to create a Task Force on Privacy and

29         Technology; providing for the task force to

30         hold meetings and report to the Legislature and

31         Governor; amending ss. 282.310, 282.315,


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  1         282.318, 282.404, F.S.; directing the State

  2         Technology Office to prepare and disseminate

  3         the State Annual Report on Enterprise Resource

  4         Planning and Management; transferring the

  5         Florida Geographic Information Board and the

  6         Florida Geographic Information Advisory Council

  7         from the Executive Office of the Governor to

  8         the State Technology Office; amending ss.

  9         119.07, 287.073, F.S.; conforming statutory

10         cross-references; repealing s. 282.3091, F.S.,

11         relating to the State Technology Council;

12         repealing s. 282.3093, F.S., relating to the

13         State Technology Office; amending s. 215.322,

14         F.S.; revising legislative intent; specifying

15         circumstances under which governmental agencies

16         or the judicial branch may accept credit cards,

17         charge cards, or debit cards; prescribing

18         duties of the State Technology Office; removing

19         a limitation on convenience fees; amending s.

20         287.012, F.S.; revising certain definitions to

21         include bids or proposals transmitted or

22         received by electronic means; amending s.

23         287.042, F.S.; requiring the Department of

24         Management Services to consult with the State

25         Technology Office on joint agreements involving

26         the purchase of information technology

27         resources; amending s. 287.057, F.S., requiring

28         the office to develop a program for on-line

29         procurement of commodities and contractual

30         services; providing a limitation; authorizing

31         the office to contract for certain equipment


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  1         and services; authorizing the office to adopt

  2         rules for certain purposes; requiring

  3         Enterprise Florida, Inc., to create and

  4         implement a marketing and image campaign;

  5         providing purposes of the campaign; requiring

  6         development and maintenance of a website for

  7         information and technology industry marketing

  8         and workforce recruitment; expressing support

  9         of activities to enhance information

10         technology, including a network access point;

11         amending s. 212.08, F.S.; providing a sales tax

12         exemption on sales of certain equipment used to

13         deploy broadband technologies associated with a

14         network access point; providing for future

15         repeal of the exemption; providing an

16         appropriation; amending s. 556.108, F.S.;

17         providing for excavation performed on behalf of

18         a residential owner; amending s. 350.031, F.S.;

19         providing for the Florida Public Service

20         Commission Nominating Council members appointed

21         by the Speaker of the House of Representatives

22         and the President of the Senate to serve at the

23         pleasure of the Speaker of the House and the

24         President of the Senate; limiting the number of

25         full terms to which a member may be appointed;

26         providing for application; providing

27         severability; providing an effective date.

28

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

30

31


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  1         Section 1.  (1)  SHORT TITLE.--This section may be

  2  cited as the "Uniform Electronic Transaction Act."

  3         (2)  DEFINITIONS.--As used in this section:

  4         (a)  "Agreement" means the bargain of the parties in

  5  fact, as found in their language or inferred from other

  6  circumstances and from rules, regulations, and procedures

  7  given the effect of agreements under provisions of law

  8  otherwise applicable to a particular transaction.

  9         (b)  "Automated transaction" means a transaction

10  conducted or performed, in whole or in part, by electronic

11  means or electronic records, in which the acts or records of

12  one or both parties are not reviewed by an individual in the

13  ordinary course in forming a contract, performing under an

14  existing contract, or fulfilling an obligation required by the

15  transaction.

16         (c)  "Computer program" means a set of statements or

17  instructions to be used directly or indirectly in an

18  information processing system in order to bring about a

19  certain result.

20         (d)  "Contract" means the total legal obligation

21  resulting from the parties' agreement as affected by this act

22  and other applicable provisions of law.

23         (e)  "Electronic" means relating to technology having

24  electrical, digital, magnetic, wireless, optical,

25  electromagnetic, or similar capabilities.

26         (f)  "Electronic agent" means a computer program or an

27  electronic or other automated means used independently to

28  initiate an action or respond to electronic records or

29  performances in whole or in part, without review or action by

30  an individual.

31


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  1         (g)  "Electronic record" means a record created,

  2  generated, sent, communicated, received, or stored by

  3  electronic means.

  4         (h)  "Electronic signature" means an electronic sound,

  5  symbol, or process attached to or logically associated with a

  6  record and executed or adopted by a person with the intent to

  7  sign the record.

  8         (i)  "Governmental agency" means an executive,

  9  legislative, or judicial agency, department, board,

10  commission, authority, institution, or instrumentality of this

11  state, including a county, municipality, or other political

12  subdivision of this state and any other public or private

13  agency, person, partnership, corporation, or business entity

14  acting on behalf of any public agency.

15         (j)  "Information" means data, text, images, sounds,

16  codes, computer programs, software, databases, or other

17  similar representations of knowledge.

18         (k)  "Information processing system" means an

19  electronic system for creating, generating, sending,

20  receiving, storing, displaying, or processing information.

21         (l)  "Person" means an individual, corporation,

22  business trust, estate, trust, partnership, limited liability

23  company, association, joint venture, governmental agency,

24  public corporation, or any other legal or commercial entity.

25         (m)  "Record" means information that is inscribed on a

26  tangible medium or that is stored in an electronic or other

27  medium and is retrievable in perceivable form, including

28  public records as defined in s. 119.011(1), Florida Statutes.

29         (n)  "Security procedure" means a procedure employed

30  for the purpose of verifying that an electronic signature,

31  record, or performance is that of a specific person or for


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  1  detecting changes or errors in the information in an

  2  electronic record. The term includes a procedure that requires

  3  the use of algorithms or other codes, identifying words or

  4  numbers, encryption, or callback or other acknowledgment

  5  procedures.

  6         (o)  "State" means a state of the United States, the

  7  District of Columbia, Puerto Rico, the United States Virgin

  8  Islands, or any territory or insular possession subject to the

  9  jurisdiction of the United States. The term includes an Indian

10  tribe or band, or Alaskan native village, which is recognized

11  by federal law or formally acknowledged by a state.

12         (p)  "Transaction" means an action or set of actions

13  occurring between two or more persons relating to the conduct

14  of business, commercial, insurance, or governmental affairs.

15         (3)  SCOPE.--

16         (a)  Except as otherwise provided in paragraph (b),

17  this section applies to electronic records and electronic

18  signatures relating to a transaction.

19         (b)  This section does not apply to a transaction to

20  the extent the transaction is governed by:

21         1.  A provision of law governing the creation and

22  execution of wills, codicils, or testamentary trusts;

23         2.  The Uniform Commercial Code other than ss. 671.107

24  and 671.206, Florida Statutes, and chapters 672 and 680,

25  Florida Statutes;

26         3.  The Uniform Computer Information Transactions Act;

27  or

28         4.  Rules relating to judicial procedure.

29         (c)  This section applies to an electronic record or

30  electronic signature otherwise excluded under paragraph (b) to

31


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  1  the extent such record or signature is governed by a provision

  2  of law other than those specified in paragraph (b).

  3         (d)  A transaction subject to this section is also

  4  subject to other applicable provisions of substantive law.

  5         (4)  PROSPECTIVE APPLICATION.--This section applies to

  6  any electronic record or electronic signature created,

  7  generated, sent, communicated, received, or stored on or after

  8  July 1, 2000.

  9         (5)  USE OF ELECTRONIC RECORDS AND ELECTRONIC

10  SIGNATURES; VARIATION BY AGREEMENT.--

11         (a)  This section does not require a record or

12  signature to be created, generated, sent, communicated,

13  received, stored, or otherwise processed or used by electronic

14  means or in electronic form.

15         (b)  This section applies only to transactions between

16  parties each of which has agreed to conduct transactions by

17  electronic means. Whether the parties agree to conduct a

18  transaction by electronic means is determined from the context

19  and surrounding circumstances, including the parties' conduct.

20         (c)  A party that agrees to conduct a transaction by

21  electronic means may refuse to conduct other transactions by

22  electronic means. The right granted by this paragraph may not

23  be waived by agreement.

24         (d)  Except as otherwise provided in this section, the

25  effect of any provision of this section may be varied by

26  agreement. The presence in certain provisions of this section

27  of the words "unless otherwise agreed," or words of similar

28  import, does not imply that the effect of other provisions may

29  not be varied by agreement.

30

31


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  1         (e)  Whether an electronic record or electronic

  2  signature has legal consequences is determined by this section

  3  and other applicable provisions of law.

  4         (6)  CONSTRUCTION AND APPLICATION.--This section shall

  5  be construed and applied to:

  6         (a)  Facilitate electronic transactions consistent with

  7  other applicable provisions of law.

  8         (b)  Be consistent with reasonable practices concerning

  9  electronic transactions and with the continued expansion of

10  those practices.

11         (c)  Effectuate its general purpose to make uniform the

12  law with respect to the subject of this section among states

13  enacting similar legislation.

14         (7)  LEGAL RECOGNITION OF ELECTRONIC RECORDS,

15  ELECTRONIC SIGNATURES, AND ELECTRONIC CONTRACTS.--

16         (a)  A record or signature may not be denied legal

17  effect or enforceability solely because the record or

18  signature is in electronic form.

19         (b)  A contract may not be denied legal effect or

20  enforceability solely because an electronic record was used in

21  the formation of the contract.

22         (c)  If a provision of law requires a record to be in

23  writing, an electronic record satisfies such provision.

24         (d)  If a provision of law requires a signature, an

25  electronic signature satisfies such provision.

26         (8)  PROVISION OF INFORMATION IN WRITING; PRESENTATION

27  OF RECORDS.--

28         (a)  If parties have agreed to conduct a transaction by

29  electronic means and a provision of law requires a person to

30  provide, send, or deliver information in writing to another

31  person, the requirement is satisfied if the information is


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  1  provided, sent, or delivered, as the case may be, in an

  2  electronic record capable of retention by the recipient at the

  3  time of receipt. An electronic record is not capable of

  4  retention by the recipient if the sender or the sender's

  5  information processing system inhibits the ability of the

  6  recipient to print or store the electronic record.

  7         (b)  If a provision of law other than this section

  8  requires a record to be posted or displayed in a certain

  9  manner; to be sent, communicated, or transmitted by a

10  specified method; or to contain information that is formatted

11  in a certain manner, the following rules apply:

12         1.  The record must be posted or displayed in the

13  manner specified in the other provision of law.

14         2.  Except as otherwise provided in subparagraph (d)2.,

15  the record must be sent, communicated, or transmitted by the

16  method specified in the other provision of law.

17         3.  The record must contain the information formatted

18  in the manner specified in the other provision of law.

19         (c)  If a sender inhibits the ability of a recipient to

20  store or print an electronic record, the electronic record is

21  not enforceable against the recipient.

22         (d)  The requirements of this section may not be varied

23  by agreement, provided:

24         1.  To the extent a provision of law other than this

25  section requires information to be provided, sent, or

26  delivered in writing but permits that requirement to be varied

27  by agreement, the requirement under paragraph (a) that the

28  information be in the form of an electronic record capable of

29  retention may also be varied by agreement.

30         2.  A requirement under a law other than this section

31  to send, communicate, or transmit a record by first-class


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  1  mail, postage prepaid, or other regular United States mail,

  2  may be varied by agreement to the extent permitted by the

  3  other provision of law.

  4         (9)  ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND

  5  ELECTRONIC SIGNATURE.--

  6         (a)  An electronic record or electronic signature is

  7  attributable to a person if the record or signature was the

  8  act of the person. The act of the person may be shown in any

  9  manner, including a showing of the efficacy of any security

10  procedure applied to determine the person to which the

11  electronic record or electronic signature was attributable.

12         (b)  The effect of an electronic record or electronic

13  signature attributed to a person under paragraph (a) is

14  determined from the context and surrounding circumstances at

15  the time of its creation, execution, or adoption, including

16  the parties' agreement, if any, and otherwise as provided by

17  law.

18         (10)  EFFECT OF CHANGE OR ERROR.--If a change or error

19  in an electronic record occurs in a transmission between

20  parties to a transaction, the following rules apply:

21         (a)  If the parties have agreed to use a security

22  procedure to detect changes or errors and one party has

23  conformed to the procedure, but the other party has not, and

24  the nonconforming party would have detected the change or

25  error had that party also conformed, the conforming party may

26  avoid the effect of the changed or erroneous electronic

27  record.

28         (b)  In an automated transaction involving an

29  individual, the individual may avoid the effect of an

30  electronic record that resulted from an error made by the

31  individual in dealing with the electronic agent of another


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  1  person if the electronic agent did not provide an opportunity

  2  for the prevention or correction of the error and, at the time

  3  the individual learns of the error, the individual:

  4         1.  Promptly notifies the other person of the error and

  5  that the individual did not intend to be bound by the

  6  electronic record received by the other person.

  7         2.  Takes reasonable steps, including steps that

  8  conform to the other person's reasonable instructions, to

  9  return to the other person or, if instructed by the other

10  person, to destroy the consideration received, if any, as a

11  result of the erroneous electronic record.

12         3.  Has not used or received any benefit or value from

13  the consideration, if any, received from the other person.

14         (c)  If paragraphs (a) and (b) do not apply, the change

15  or error has the effect provided by the other provision of

16  law, including the law of mistake, and the parties' contract,

17  if any.

18         (d)  Paragraphs (b) and (c) may not be varied by

19  agreement.

20         (11)  NOTARIZATION AND ACKNOWLEDGMENT.--

21         (a)  If a law requires a signature or record to be

22  notarized, acknowledged, verified, or made under oath, the

23  requirement is satisfied if the electronic signature of the

24  person authorized by applicable law to perform those acts,

25  together with all other information required to be included by

26  other applicable law, is attached to or logically associated

27  with the signature or record.  Neither a rubber stamp nor an

28  impression type seal is required for an electronic

29  notarization.

30         (b)  A first-time applicant for a notary commission

31  must submit proof that the applicant has, within 1 year prior


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  1  to the application, completed at least 3 hours of interactive

  2  or classroom instruction, including electronic notarization,

  3  and covering the duties of the notary public. Courses

  4  satisfying this section may be offered by any public or

  5  private sector person or entity registered with the Executive

  6  Office of the Governor and must include a core curriculum

  7  approved by that office.

  8         (12)  RETENTION OF ELECTRONIC RECORDS; ORIGINALS.--

  9         (a)  If a law requires that a record be retained, the

10  requirement is satisfied by retaining an electronic record of

11  the information in the record which:

12         1.  Accurately reflects the information set forth in

13  the record after the record was first generated in final form

14  as an electronic record or otherwise.

15         2.  Remains accessible for later reference.

16         (b)  A requirement to retain a record in accordance

17  with paragraph (a) does not apply to any information the sole

18  purpose of which is to enable the record to be sent,

19  communicated, or received.

20         (c)  A person may satisfy paragraph (a) by using the

21  services of another person if the requirements of paragraph

22  (a) are satisfied.

23         (d)  If a provision of law requires a record to be

24  presented or retained in its original form, or provides

25  consequences if the record is not presented or retained in its

26  original form, that law is satisfied by an electronic record

27  retained in accordance with paragraph (a).

28         (e)  If a provision of law requires retention of a

29  check, that requirement is satisfied by retention of an

30  electronic record of the information on the front and back of

31  the check in accordance with paragraph (a).


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  1         (f)  A record retained as an electronic record in

  2  accordance with paragraph (a) satisfies a provision of law

  3  requiring a person to retain a record for evidentiary, audit,

  4  or similar purposes, unless a provision of law enacted after

  5  July 1, 2000, specifically prohibits the use of an electronic

  6  record for the specified purpose.

  7         (g)  This section does not preclude a governmental

  8  agency of this state from specifying additional requirements

  9  for the retention of a record subject to the agency's

10  jurisdiction.

11         (13)  ADMISSIBILITY IN EVIDENCE.--In a proceeding,

12  evidence of a record or signature may not be excluded solely

13  because the record or signature is in electronic form.

14         (14)  AUTOMATED TRANSACTIONS.--In an automated

15  transaction, the following rules apply:

16         (a)  A contract may be formed by the interaction of

17  electronic agents of the parties, even if no individual was

18  aware of or reviewed the electronic agents' actions or the

19  resulting terms and agreements.

20         (b)  A contract may be formed by the interaction of an

21  electronic agent and an individual, acting on the individual's

22  own behalf or for another person, including by an interaction

23  in which the individual performs actions that the individual

24  is free to refuse to perform and which the individual knows or

25  has reason to know will cause the electronic agent to complete

26  the transaction or performance.

27         (c)  The terms of the contract are determined by the

28  substantive law applicable to the contract.

29         (15)  TIME AND PLACE OF SENDING AND RECEIVING.--

30         (a)  Unless otherwise agreed between the sender and the

31  recipient, an electronic record is sent when the record:


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  1         1.  Is addressed properly or otherwise directed

  2  properly to an information processing system that the

  3  recipient has designated or uses for the purpose of receiving

  4  electronic records or information of the type sent and from

  5  which the recipient is able to retrieve the electronic record.

  6         2.  Is in a form capable of being processed by that

  7  system.

  8         3.  Enters an information processing system outside the

  9  control of the sender or of a person that sent the electronic

10  record on behalf of the sender or enters a region of the

11  information processing system designated or used by the

12  recipient which is under the control of the recipient.

13         (b)  Unless otherwise agreed between a sender and the

14  recipient, an electronic record is received when the record

15  enters an information processing system that the recipient has

16  designated or uses for the purpose of receiving electronic

17  records or information of the type sent and from which the

18  recipient is able to retrieve the electronic record; and is in

19  a form capable of being processed by that system.

20         (c)  Paragraph (b) applies even if the place the

21  information processing system is located is different from the

22  place the electronic record is deemed to be received under

23  paragraph (d).

24         (d)  Unless otherwise expressly provided in the

25  electronic record or agreed between the sender and the

26  recipient, an electronic record is deemed to be sent from the

27  sender's place of business and to be received at the

28  recipient's place of business. For purposes of this paragraph,

29  the following rules apply:

30

31


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  1         1.  If the sender or recipient has more than one place

  2  of business, the place of business of that person is the place

  3  having the closest relationship to the underlying transaction.

  4         2.  If the sender or the recipient does not have a

  5  place of business, the place of business is the sender's or

  6  recipient's residence, as the case may be.

  7         (e)  An electronic record is received under paragraph

  8  (b) even if no individual is aware of its receipt.

  9         (f)  Receipt of an electronic acknowledgment from an

10  information processing system described in paragraph (b)

11  establishes that a record was received but, by itself, does

12  not establish that the content sent corresponds to the content

13  received.

14         (g)  If a person is aware that an electronic record

15  purportedly sent under paragraph (a), or purportedly received

16  under paragraph (b), was not actually sent or received, the

17  legal effect of the sending or receipt is determined by other

18  applicable provisions of law. Except to the extent permitted

19  by the other provisions of law, the requirements of this

20  paragraph may not be varied by agreement.

21         (h)  An automated transaction does not establish the

22  acceptability of an electronic record for recording purposes.

23         (16)  TRANSFERABLE RECORDS.--

24         (a)  For purposes of this paragraph, "transferable

25  record" means an electronic record that:

26         1.  Would be a note under chapter 673, Florida

27  Statutes, or a document under chapter 677, Florida Statutes,

28  if the electronic record were in writing.

29         2.  The issuer of the electronic record expressly has

30  agreed is a transferable record.

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  1         (b)  A person has control of a transferable record if a

  2  system employed for evidencing the transfer of interests in

  3  the transferable record reliably establishes that person as

  4  the person to which the transferable record was issued or

  5  transferred.

  6         (c)  A system satisfies paragraph (b), and a person is

  7  deemed to have control of a transferable record, if the

  8  transferable record is created, stored, and assigned in such a

  9  manner that:

10         1.  A single authoritative copy of the transferable

11  record exists which is unique, identifiable, and, except as

12  otherwise provided in subparagraphs 4., 5., and 6.,

13  unalterable.

14         2.  The authoritative copy identifies the person

15  asserting control as the person to which the transferable

16  record was issued or, if the authoritative copy indicates that

17  the transferable record has been transferred, the person to

18  which the transferable record was most recently transferred.

19         3.  The authoritative copy is communicated to and

20  maintained by the person asserting control or its designated

21  custodian.

22         4.  Copies or revisions that add or change an

23  identified assignee of the authoritative copy can be made only

24  with the consent of the person asserting control.

25         5.  Each copy of the authoritative copy and any copy of

26  a copy is readily identifiable as a copy that is not the

27  authoritative copy.

28         6.  Any revision of the authoritative copy is readily

29  identifiable as authorized or unauthorized.

30         (d)  Except as otherwise agreed, a person having

31  control of a transferable record is the holder, as defined in


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  1  s. 671.201(20), of the transferable record and has the same

  2  rights and defenses as a holder of an equivalent record or

  3  writing under the Uniform Commercial Code, including, if the

  4  applicable statutory requirements under s. 673.3021, s.

  5  677.501, or s. 679.308 are satisfied, the rights and defenses

  6  of a holder in due course, a holder to which a negotiable

  7  document of title has been duly negotiated, or a purchaser,

  8  respectively. Delivery, possession, and indorsement are not

  9  required to obtain or exercise any of the rights under this

10  paragraph.

11         (e)  Except as otherwise agreed, an obligor under a

12  transferable record has the same rights and defenses as an

13  equivalent obligor under equivalent records or writings under

14  the Uniform Commercial Code.

15         (f)  If requested by a person against which enforcement

16  is sought, the person seeking to enforce the transferable

17  record shall provide reasonable proof that the person is in

18  control of the transferable record. Proof may include access

19  to the authoritative copy of the transferable record and

20  related business records sufficient to review the terms of the

21  transferable record and to establish the identity of the

22  person having control of the transferable record.

23         (17)  CREATION AND RETENTION OF ELECTRONIC RECORDS AND

24  CONVERSION OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES.--Each

25  governmental agency shall determine whether, and the extent to

26  which, such agency will create and retain electronic records

27  and convert written records to electronic records.

28         (18)  ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS

29  BY GOVERNMENTAL AGENCIES.--

30         (a)  Except as otherwise provided in paragraph (12)(f),

31  each governmental agency shall determine whether, and the


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  1  extent to which, such agency will send and accept electronic

  2  records and electronic signatures to and from other persons

  3  and otherwise create, generate, communicate, store, process,

  4  use, and rely upon electronic records and electronic

  5  signatures.

  6         (b)  To the extent that a governmental agency uses

  7  electronic records and electronic signatures under paragraph

  8  (a), the state technology office, in consultation with the

  9  governmental agency, giving due consideration to security, may

10  specify:

11         1.  The manner and format in which the electronic

12  records must be created, generated, sent, communicated,

13  received, and stored and the systems established for those

14  purposes.

15         2.  If electronic records must be signed by electronic

16  means, the type of electronic signature required, the manner

17  and format in which the electronic signature must be affixed

18  to the electronic record, and the identity of, or criteria

19  that must be met by, any third party used by a person filing a

20  document to facilitate the process.

21         3.  Control processes and procedures as appropriate to

22  ensure adequate preservation, disposition, integrity,

23  security, confidentiality, and auditability of electronic

24  records.

25         4.  Any other required attributes for electronic

26  records which are specified for corresponding nonelectronic

27  records or reasonably necessary under the circumstances.

28         (c)  Except as otherwise provided in paragraph (12)(f),

29  this section does not require a governmental agency of this

30  state to use or permit the use of electronic records or

31  electronic signatures.


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  1         (d)  Service charges and fees otherwise established by

  2  law applicable to the filing of nonelectronic records shall

  3  apply in kind to the filing of electronic records.

  4         (19)  INTEROPERABILITY.--The governmental agency which

  5  adopts standards pursuant to subsection (18) may encourage and

  6  promote consistency and interoperability with similar

  7  requirements adopted by other governmental agencies of this

  8  and other states and the Federal Government and

  9  nongovernmental persons interacting with governmental agencies

10  of this state. If appropriate, those standards may specify

11  differing levels of standards from which governmental agencies

12  of this state may choose in implementing the most appropriate

13  standard for a particular application.

14         (20)  SEVERABILITY.--If any provision of this section

15  or its application to any person or circumstance is held

16  invalid, the invalidity does not affect other provisions or

17  applications of this section which can be given effect without

18  the invalid provision or application, and to this end the

19  provisions of this act are severable.

20         Section 2.  (1)  The Legislature finds that a proper

21  and legitimate state purpose is served by providing the public

22  with access to public records and information on the Internet

23  and hereby determines that the provisions of this section

24  fulfill and further an important state interest.

25         (2)  No later than January 1, 2002, the county recorder

26  in each county shall provide a current index of documents

27  recorded in the official records of the county for the period

28  beginning no later than January 1, 1990, on a publicly

29  available Internet website which shall also contain a document

30  requisition point for obtaining images or copies of the

31  documents reflected in the index and which has the capability


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  1  of electronically providing the index data to a central

  2  statewide search site.

  3         (3)  Each county recorder shall use appropriate

  4  Internet security measures to ensure that no person has the

  5  ability to alter or to modify any public record.

  6         (4)  Unless otherwise provided by law, no information

  7  retrieved electronically pursuant to this section shall be

  8  admissible in court as an authenticated document.

  9         (5)  By January 1, 2006, each county recorder shall

10  provide for electronic retrieval, at a minimum, of images of

11  documents referenced as the index required to be maintained on

12  the county's official records website by this section.

13         Section 3.  Section 282.005, Florida Statutes, is

14  amended to read:

15         282.005  Legislative findings and intent.--The

16  Legislature finds that:

17         (1)  Information is a strategic asset of the state,

18  and, as such, it should be managed as a valuable state

19  resource.

20         (2)  The state makes significant investments in

21  information technology resources in order to manage

22  information and to provide services to its citizens.

23         (3)  An office must be created to provide support and

24  guidance to enhance the state's use and management of

25  information technology resources and to design, procure, and

26  deploy, on behalf of the state, information technology

27  resources.

28         (4)  The cost-effective deployment of technology and

29  information resources by state agencies can best be managed by

30  a Chief Information Officer.

31


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  1         (5)(3)  The head of each state agency, in consultation

  2  with the State Technology Office, has primary responsibility

  3  and accountability for the planning, budgeting, acquisition,

  4  development, implementation, use, and management of

  5  information technology resources within the agency.

  6         (6)(4)  The expanding need for, use of, and dependence

  7  on information technology resources requires focused

  8  management attention and managerial accountability by state

  9  agencies and the state as a whole.

10         (7)(5)  The agency head, in consultation with the State

11  Technology Office, has primary responsibility for the agency's

12  information technology resources and for their use in

13  accomplishing the agency's mission.  However, each agency

14  shall also use its information technology resources in the

15  best interests of the state as a whole and thus contribute to

16  and make use of shared data and related resources whenever

17  appropriate.

18         (8)(6)  The state shall provide, by whatever means is

19  most cost-effective and efficient, the information resources

20  management infrastructure needed to collect, store, and

21  process the state's data and information, provide

22  connectivity, and facilitate the exchange of data and

23  information among both public and private parties.

24         (9)(7)  A necessary part of the state's information

25  resources management infrastructure is a statewide

26  communications system for all types of signals, including

27  voice, data, video, radio, and image.

28         (10)(8)  To ensure the best management of the state's

29  information technology resources, and notwithstanding other

30  provisions of law to the contrary, the functions of

31  information resources management are hereby assigned to the


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  1  Board of Regents as the agency responsible for the development

  2  and implementation of policy, planning, management,

  3  rulemaking, standards, and guidelines for the State University

  4  System; to the State Board of Community Colleges as the agency

  5  responsible for establishing and developing rules and policies

  6  for the Florida Community College System; to the Supreme

  7  Court, for the judicial branch; and to each state attorney and

  8  public defender; and to the State Technology Office for the

  9  executive branch of state government.

10         (11)  Notwithstanding anything to the contrary

11  contained in this act, the State Technology Office shall take

12  no action affecting the supervision or control of the

13  personnel or data-processing equipment that the Comptroller

14  deems necessary for the exercise of his or her official

15  constitutional duties as set forth in s. 4(d) and 4(e) of Art.

16  IV of the State Constitution.

17         (12)  Notwithstanding anything to the contrary

18  contained in this act, the State Technology Office shall take

19  no action affecting the supervision and control of the

20  personnel or data-processing equipment which the Attorney

21  General deems necessary for the exercise of his or her

22  official constitutional duties as set forth in s. 4(c) of Art.

23  IV of the State Constitution.

24         Section 4.  Section 282.101, Florida Statutes, is

25  amended to read:

26         282.101  Construction of terms, "information

27  technology" "communications" or "information technology

28  "communications system."--Any reference in this part to

29  "information technology" "communications" or "information

30  technology "communications system" means any transmission,

31  emission, and reception of signs, signals, writings, images,


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  1  and sounds of intelligence of any nature by wire, radio,

  2  optical, or other electromagnetic systems and includes all

  3  facilities and equipment owned, leased, or used by all

  4  agencies and political subdivisions of state government, and a

  5  full-service, information-processing facility offering

  6  hardware, software, operations, integration, networking, and

  7  consulting services.

  8         Section 5.  Section 282.102, Florida Statutes, is

  9  amended to read:

10         282.102  Powers and duties of the State Technology

11  Office of the Department of Management Services.--There is

12  created a State Technology Office, administratively placed

13  within the Department of Management Services, which shall be

14  headed by a Chief Information Officer who is appointed by the

15  Governor and is in the Senior Management Service. The office

16  shall have the following powers, duties, and functions:

17         (1)  To publish electronically the portfolio of

18  services available from the office department, including

19  pricing information; the policies and procedures of the office

20  department governing usage of available services; and a

21  forecast of the priorities and initiatives for the state

22  communications system for the ensuing 2 years. The office

23  department shall provide a hard copy of its portfolio of

24  services upon request.

25         (2)  To coordinate the purchase, lease, and use of all

26  information technology communications services for state

27  agencies government, including communications services

28  provided as part of any other total system to be used by the

29  state or any of its agencies.

30         (3)  To advise and render aid to state agencies and

31  political subdivisions of the state as to systems or methods


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  1  to be used for organizing and meeting information technology

  2  communications requirements efficiently and effectively.

  3         (4)  To integrate consolidate the information

  4  technology communications systems and services of state

  5  agencies and to provide for their joint use by the agencies

  6  when determined by the department to be economically efficient

  7  or performance-effective.

  8         (5)  To adopt technical standards for the state

  9  information technology communications system which will assure

10  the interconnection of computer networks and information

11  systems of state agencies.

12         (6)  To assume management responsibility for any

13  integrated information technology consolidated communications

14  system or service when determined by the office department to

15  be economically efficient or performance-effective.

16         (7)  To enter into agreements for the support and use

17  of the information technology communications services of state

18  agencies and of political subdivisions of the state.

19         (8)  To use or acquire, with agency concurrence,

20  information technology communications facilities now owned or

21  operated by any state agency.

22         (9)  To standardize policies and procedures for the use

23  of such services.

24         (10)  To purchase from or contract with information

25  technology providers suppliers and communications companies

26  for information technology communications facilities or

27  services, including private line services.

28         (11)  To apply for, receive, and hold, or assist

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

30  authorizations, licenses, and allocations or channels and

31  frequencies to carry out the purposes of ss. 282.101-282.109.


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  1         (12)  To acquire real estate, equipment, and other

  2  property.

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

  4  emergency management agency in providing for emergency

  5  communications services.

  6         (14)  To delegate to state agencies the powers of

  7  acquisition and utilization of information technology

  8  communications equipment, facilities, and services or to

  9  control and approve the purchase, lease, and use of all

10  information technology communications equipment, services, and

11  facilities, including communications services provided as part

12  of any other total system to be used by the state or any of

13  its agencies. This subsection does not apply to the data

14  processing hardware of an agency as defined in this part.

15         (15)  To take ownership, custody, and control of

16  existing communications equipment and facilities, with agency

17  concurrence, including all right, title, interest, and equity

18  therein, to carry out the purposes of ss. 282.101-282.109.

19  However, the provisions of this subsection shall in no way

20  affect the rights, title, interest, or equity in any such

21  equipment or facilities owned by, or leased to, the state or

22  any state agency by any telecommunications company.

23         (16)  To adopt prescribe rules pursuant to ss. 120.54

24  and 120.536(1) relating to information technology and to

25  administer the provisions of this part and regulations for the

26  use of the state communications system.

27         (17)  To provide a means whereby political subdivisions

28  of the state may use the state information technology

29  communications system upon such terms and under such

30  conditions as the office department may establish.

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

  2  the purposes of ss. 282.101-282.109 as well as gifts and

  3  donations from individuals, foundations, and private

  4  organizations.

  5         (19)  To monitor issues relating to communications

  6  facilities and services before the Florida Public Service

  7  Commission and, when necessary, prepare position papers,

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

  9  on behalf of state agencies in proceedings before the

10  commission.

11         (20)  Unless delegated to the agencies by the Chief

12  Information Officer, to manage and control, but not intercept

13  or interpret, communications within the SUNCOM Network by:

14         (a)  Establishing technical standards to physically

15  interface with the SUNCOM Network.

16         (b)  Specifying how communications are transmitted

17  within the SUNCOM Network.

18         (c)  Controlling the routing of communications within

19  the SUNCOM Network.

20         (d)  Establishing standards, policies, and procedures

21  for access to the SUNCOM Network.

22         (e)  Ensuring orderly and reliable communications

23  services in accordance with the standards and policies of all

24  state agencies and the service agreements executed with state

25  agencies.

26         (21)  To plan, design, and conduct experiments for

27  information technology in communications services, equipment,

28  and technologies, and to implement enhancements in the state

29  information technology communications system when in the

30  public interest justified and cost-effective.  Funding for

31  such experiments shall be derived from SUNCOM Network service


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  1  revenues and shall not exceed 21 percent of the annual budget

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

  3  the General Appropriations Act for fiscal year 2000-2001.  New

  4  services offered as a result of this subsection shall not

  5  affect existing rates for facilities or services.

  6         (22)  To enter into contracts or agreements, with or

  7  without competitive bidding or procurement, to make available,

  8  on a fair, reasonable, and nondiscriminatory basis, property

  9  and other structures under office department control for the

10  placement of new facilities by any wireless provider of mobile

11  service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any

12  telecommunications company as defined in s. 364.02 when it is

13  determined to be practical and feasible to make such property

14  or other structures available. The office department may,

15  without adopting a rule, charge a just, reasonable, and

16  nondiscriminatory fee for the placement of the facilities,

17  payable annually, based on the fair market value of space used

18  by comparable communications facilities in the state. The

19  office department and a wireless provider or

20  telecommunications company may negotiate the reduction or

21  elimination of a fee in consideration of services provided to

22  the office department by the wireless provider or

23  telecommunications company. All such fees collected by the

24  office department shall be deposited directly into the State

25  Agency Law Enforcement Radio System Trust Fund, and may be

26  used by the office department to construct, maintain, or

27  support the system.

28         (23)  To provide an integrated electronic system for

29  deploying government products, services, and information to

30  individuals and businesses.

31


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  1         (a)  The integrated electronic system shall reflect

  2  cost-effective deployment strategies in keeping with industry

  3  standards and practices, including protections of security of

  4  private information as well as maintenance of public records.

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

  6  fiscal accountability for the integrated electronic system and

  7  shall establish the organizational structure required to

  8  implement this system.

  9         (24)  To provide administrative support to the Chief

10  Information Officers' Council and other workgroups created by

11  the Chief Information Officer.

12         (25)  To facilitate state information technology

13  education and training for senior management and other agency

14  staff.

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

16  the Governor, memoranda on recommended guidelines and best

17  practices for information resources management, when

18  requested.

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

20  Annual Report on Enterprise Resource Planning and Management

21  under s. 282.310.

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

23  Governor and Legislature on the feasibility of implementing

24  online voting in this state.

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

26  point in this state, as needed.

27         Section 6.  Section 282.103, Florida Statutes, is

28  amended to read:

29         282.103  SUNCOM Network; exemptions from the required

30  use.--

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  1         (1)  There is created within the State Technology

  2  Office of the Department of Management Services the SUNCOM

  3  Network which shall be developed to serve as the state

  4  communications system for providing local and long-distance

  5  communications services to state agencies, political

  6  subdivisions of the state, municipalities, and nonprofit

  7  corporations pursuant to ss. 282.101-282.111. The SUNCOM

  8  Network shall be developed to transmit all types of

  9  communications signals, including, but not limited to, voice,

10  data, video, image, and radio. State agencies shall cooperate

11  and assist in the development and joint use of communications

12  systems and services.

13         (2)  The State Technology Office of the Department of

14  Management Services shall design, engineer, implement, manage,

15  and operate through state ownership, commercial leasing, or

16  some combination thereof, the facilities and equipment

17  providing SUNCOM Network services, and shall develop a system

18  of equitable billings and charges for communication services.

19         (3)  All state agencies are required to use the SUNCOM

20  Network for agency communications services as the services

21  become available; however, no agency is relieved of

22  responsibility for maintaining communications services

23  necessary for effective management of its programs and

24  functions.  If a SUNCOM Network service does not meet the

25  communications requirements of an agency, the agency shall

26  notify the State Technology Office of the Department of

27  Management Services in writing and detail the requirements for

28  that communications service.  If the office department is

29  unable, within 90 days, to meet an agency's requirements by

30  enhancing SUNCOM Network service, the office department shall

31


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  1  grant the agency an exemption from the required use of

  2  specified SUNCOM Network services.

  3         Section 7.  Section 282.104, Florida Statutes, is

  4  amended to read:

  5         282.104  Use of state SUNCOM Network by

  6  municipalities.--Any municipality may request the State

  7  Technology Office of the Department of Management Services to

  8  provide any or all of the SUNCOM Network's portfolio of

  9  communications services upon such terms and under such

10  conditions as the department may establish. The requesting

11  municipality shall pay its share of installation and recurring

12  costs according to the published rates for SUNCOM Network

13  services and as invoiced by the office department. Such

14  municipality shall also pay for any requested modifications to

15  existing SUNCOM Network services, if any charges apply.

16         Section 8.  Section 282.105, Florida Statutes, is

17  amended to read:

18         282.105  Use of state SUNCOM Network by nonprofit

19  corporations.--

20         (1)  The State Technology Office of the Department of

21  Management Services shall provide a means whereby private

22  nonprofit corporations under contract with state agencies or

23  political subdivisions of the state may use the state SUNCOM

24  Network, subject to the limitations in this section.  In order

25  to qualify to use the state SUNCOM Network, a nonprofit

26  corporation shall:

27         (a)  Expend the majority of its total direct revenues

28  for the provision of contractual services to the state, a

29  municipality, or a political subdivision of the state; and

30         (b)  Receive only a small portion of its total revenues

31  from any source other than a state agency, a municipality, or


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  1  a political subdivision of the state during the period of time

  2  SUNCOM Network services are requested.

  3         (2)  Each nonprofit corporation seeking authorization

  4  to use the state SUNCOM Network pursuant to this section shall

  5  provide to the office department, upon request, proof of

  6  compliance with subsection (1).

  7         (3)  Nonprofit corporations established pursuant to

  8  general law and an association of municipal governments which

  9  is wholly owned by the municipalities shall be eligible to use

10  the state SUNCOM Network, subject to the terms and conditions

11  of the office department.

12         (4)  Institutions qualified pursuant to s. 240.605

13  shall be eligible to use the state SUNCOM Network, subject to

14  the terms and conditions of the office department. Such

15  entities shall not be required to satisfy the other criteria

16  of this section.

17         (5)  Private, nonprofit elementary and secondary

18  schools shall be eligible for rates and services on the same

19  basis as public schools, providing these nonpublic schools do

20  not have an endowment in excess of $50 million.

21         Section 9.  Section 282.106, Florida Statutes, is

22  amended to read:

23         282.106  Use of SUNCOM Network by libraries.--The State

24  Technology Office of the Department of Management Services may

25  provide SUNCOM Network services to any library in the state,

26  including libraries in public schools, community colleges, the

27  State University System, and nonprofit private postsecondary

28  educational institutions, and libraries owned and operated by

29  municipalities and political subdivisions.

30         Section 10.  Subsections (1) and (2) of section

31  282.107, Florida Statutes, are amended to read:


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  1         282.107  SUNCOM Network; criteria for usage.--

  2         (1)  The State Technology Office division shall

  3  periodically review the qualifications of subscribers using

  4  the state SUNCOM Network and shall terminate services provided

  5  to any facility not qualified pursuant to ss. 282.101-282.111

  6  or rules adopted hereunder.  In the event of nonpayment of

  7  invoices by subscribers whose SUNCOM Network invoices are paid

  8  from sources other than legislative appropriations, such

  9  nonpayment represents good and sufficient reason to terminate

10  service.

11         (2)  The State Technology Office division shall adopt

12  rules setting forth its procedures for withdrawing and

13  restoring authorization to use the state SUNCOM Network. Such

14  rules shall provide a minimum of 30 days' notice to affected

15  parties prior to termination of voice communications service.

16         Section 11.  Section 282.1095, Florida Statutes, is

17  amended to read:

18         282.1095  State agency law enforcement radio system.--

19         (1)  The State Technology Office of the Department of

20  Management Services may acquire and implement a statewide

21  radio communications system to serve law enforcement units of

22  state agencies, and to serve local law enforcement agencies

23  through a mutual aid channel. The Joint Task Force on State

24  Agency Law Enforcement Communications is established in the

25  State Technology Office of the Department of Management

26  Services to advise the office department of member-agency

27  needs for the planning, designing, and establishment of the

28  joint system. The State Agency Law Enforcement Radio System

29  Trust Fund is established in the State Technology Office of

30  the Department of Management Services. The trust fund shall be

31


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  1  funded from surcharges collected under ss. 320.0802 and

  2  328.72.

  3         (2)(a)  The Joint Task Force on State Agency Law

  4  Enforcement Communications shall consist of eight members, as

  5  follows:

  6         1.  A representative of the Division of Alcoholic

  7  Beverages and Tobacco of the Department of Business and

  8  Professional Regulation who shall be appointed by the

  9  secretary of the department.

10         2.  A representative of the Division of Florida Highway

11  Patrol of the Department of Highway Safety and Motor Vehicles

12  who shall be appointed by the executive director of the

13  department.

14         3.  A representative of the Department of Law

15  Enforcement who shall be appointed by the executive director

16  of the department.

17         4.  A representative of the Fish and Wildlife

18  Conservation Commission who shall be appointed by the

19  executive director of the commission.

20         5.  A representative of the Division of Law Enforcement

21  of the Department of Environmental Protection who shall be

22  appointed by the secretary of the department.

23         6.  A representative of the Department of Corrections

24  who shall be appointed by the secretary of the department.

25         7.  A representative of the Division of State Fire

26  Marshal of the Department of Insurance who shall be appointed

27  by the State Fire Marshal.

28         8.  A representative of the Department of

29  Transportation who shall be appointed by the secretary of the

30  department.

31


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  1         (b)  Each appointed member of the joint task force

  2  shall serve at the pleasure of the appointing official.  Any

  3  vacancy on the joint task force shall be filled in the same

  4  manner as the original appointment.

  5         (c)  The joint task force shall elect a chair from

  6  among its members to serve a 1-year term. A vacancy in the

  7  chair of the joint task force must be filled for the remainder

  8  of the unexpired term by an election of the joint task force

  9  members.

10         (d)  The joint task force shall meet as necessary, but

11  at least quarterly, at the call of the chair and at the time

12  and place designated by him or her.

13         (e)  The per diem and travel expenses incurred by a

14  member of the joint task force in attending its meetings and

15  in attending to its affairs shall be paid pursuant to s.

16  112.061, from funds budgeted to the state agency that the

17  member represents.

18         (f)  The State Technology Office of the Department of

19  Management Services is hereby authorized to rent or lease

20  space on any tower under its control. The office department

21  may also rent, lease, or sublease ground space as necessary to

22  locate equipment to support antennae on the towers.  The costs

23  for use of such space shall be established by the office

24  department for each site, when it is determined to be

25  practicable and feasible to make space available. The office

26  department may refuse to lease space on any tower at any site.

27  All moneys collected by the office department for such rents,

28  leases, and subleases shall be deposited directly into the

29  State Agency Law Enforcement Radio System Trust Fund and may

30  be used by the office department to construct, maintain, or

31  support the system.


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  1         (g)  The State Technology Office of the Department of

  2  Management Services is hereby authorized to rent, lease, or

  3  sublease ground space on lands acquired by the office

  4  department for the construction of privately owned or publicly

  5  owned towers. The office department may, as a part of such

  6  rental, lease, or sublease agreement, require space on said

  7  tower or towers for antennae as may be necessary for the

  8  construction and operation of the state agency law enforcement

  9  radio system or any other state need. The positions necessary

10  for the office department to accomplish its duties under this

11  paragraph and paragraph (f) shall be established in the

12  General Appropriations Act and shall be funded by the State

13  Agency Law Enforcement Radio System Trust Fund.

14         (3)  Upon appropriation, moneys in the trust fund may

15  be used by the office department to acquire by competitive

16  procurement the equipment; software; and engineering,

17  administrative, and maintenance services it needs to

18  construct, operate, and maintain the statewide radio system.

19  Moneys in the trust fund collected as a result of the

20  surcharges set forth in ss. 320.0802 and 328.72 shall be used

21  to help fund the costs of the system.  Upon completion of the

22  system, moneys in the trust fund may also be used by the

23  office department to provide for payment of the recurring

24  maintenance costs of the system.  Moneys in the trust fund may

25  be appropriated to maintain and enhance, over and above

26  existing agency budgets, existing radio equipment systems of

27  the state agencies represented by the task force members, in

28  an amount not to exceed 10 percent per year per agency, of the

29  existing radio equipment inventory until the existing radio

30  equipment can be replaced pursuant to implementation of the

31  statewide radio communications system.


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  1         (4)(a)  The joint task force, shall establish policies,

  2  procedures, and standards which shall be incorporated into a

  3  comprehensive management plan for the use and operation of the

  4  statewide radio communications system.

  5         (b)  The joint task force shall have the authority to

  6  permit other state agencies to use the communications system,

  7  under terms and conditions established by the joint task

  8  force.

  9         (5)(a)  The State Technology Office of the Department

10  of Management Services shall provide technical support to the

11  joint task force and shall bear the overall responsibility for

12  the design, engineering, acquisition, and implementation of

13  the statewide radio communications system and for ensuring the

14  proper operation and maintenance of all system common

15  equipment.

16         (b)  The positions necessary for the office department

17  to accomplish its duties under this section shall be

18  established through the budgetary process and shall be funded

19  by the State Agency Law Enforcement Radio System Trust Fund.

20         Section 12.  Section 282.111, Florida Statutes, is

21  amended to read:

22         282.111  Statewide system of regional law enforcement

23  communications.--

24         (1)  It is the intent and purpose of the Legislature

25  that a statewide system of regional law enforcement

26  communications be developed whereby maximum efficiency in the

27  use of existing radio channels is achieved in order to deal

28  more effectively with the apprehension of criminals and the

29  prevention of crime generally.  To this end, all law

30  enforcement agencies within the state are directed to provide

31  the State Technology Office of the Department of Management


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  1  Services with any information the office department requests

  2  for the purpose of implementing the provisions of subsection

  3  (2).

  4         (2)  The State Technology Office of the Department of

  5  Management Services is hereby authorized and directed to

  6  develop and maintain a statewide system of regional law

  7  enforcement communications.  In formulating such a system, the

  8  office department shall divide the state into appropriate

  9  regions and shall develop a program which shall include, but

10  not be limited to, the following provisions:

11         (a)  The communications requirements for each county

12  and municipality comprising the region.

13         (b)  An interagency communications provision which

14  shall depict the communication interfaces between municipal,

15  county, and state law enforcement entities which operate

16  within the region.

17         (c)  Frequency allocation and use provision which shall

18  include, on an entity basis, each assigned and planned radio

19  channel and the type of operation, simplex, duplex, or

20  half-duplex, on each channel.

21         (3)  The office department shall adopt any necessary

22  rules and regulations for implementing and coordinating the

23  statewide system of regional law enforcement communications.

24         (4)  The Chief Information Officer of the State

25  Technology Office Secretary of Management Services or his or

26  her designee is designated as the director of the statewide

27  system of regional law enforcement communications and, for the

28  purpose of carrying out the provisions of this section, is

29  authorized to coordinate the activities of the system with

30  other interested state agencies and local law enforcement

31  agencies.


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  1         (5)  No law enforcement communications system shall be

  2  established or present system expanded without the prior

  3  approval of the State Technology Office of the Department of

  4  Management Services.

  5         (6)  Within the limits of its capability, the

  6  Department of Law Enforcement is encouraged to lend assistance

  7  to the State Technology Office of the Department of Management

  8  Services in the development of the statewide system of

  9  regional law enforcement communications proposed by this

10  section.

11         Section 13.  Section 282.20, Florida Statutes, is

12  amended to read:

13         282.20  Technology Resource Center.--

14         (1)(a)  The State Technology Office Division of

15  Information Services of the Department of Management Services

16  shall operate and manage the Technology Resource Center.

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

18         1.  "Office" "Department" means the State Technology

19  Office of the Department of Management Services.

20         2.  "Division" means the Division of Information

21  Services of the Department of Management Services.

22         2.3.  "Information-system utility" means a full-service

23  information-processing facility offering hardware, software,

24  operations, integration, networking, and consulting services.

25         3.4.  "Customer" means a state agency or other entity

26  which is authorized to utilize the SUNCOM Network pursuant to

27  this part.

28         (2)  The division and the Technology Resource Center

29  shall:

30         (a)  Serve the office department and other customers as

31  an information-system utility.


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  1         (b)  Cooperate with the Information Resource Commission

  2  and with other customers to offer, develop, and support a wide

  3  range of services and applications needed by users of the

  4  Technology Resource Center.

  5         (c)  Cooperate with the Florida Legal Resource Center

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

  7  develop and provide access to repositories of legal

  8  information throughout the state.

  9         (d)  Cooperate with the office Division of

10  Communications of the department to facilitate

11  interdepartmental networking and integration of network

12  services for its customers.

13         (e)  Assist customers in testing and evaluating new and

14  emerging technologies that could be used to meet the needs of

15  the state.

16         (3)  The office division may contract with customers to

17  provide any combination of services necessary for agencies to

18  fulfill their responsibilities and to serve their users.

19         (4)  Acceptance of any new customer other than a state

20  agency which is expected to pay during the initial 12 months

21  of use more than 5 percent of the previous year's revenues of

22  the Technology Resource Center shall be contingent upon

23  approval of the Office of Planning and Budgeting in a manner

24  similar to the budget amendment process in s. 216.181.

25         (5)  The Technology Resource Center may plan, design,

26  establish pilot projects for, and conduct experiments with

27  information technology resources, and may implement

28  enhancements in services when such implementation is

29  cost-effective. Funding for experiments and pilot projects

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

31  percent of the service revenues for the Technology Resource


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

  2  project, plan, or design must be approved by the Chief

  3  Information Officer of the State Technology Office data

  4  processing policy board of the center.

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

  6  Technology Resource Center may spend the funds in the reserve

  7  account of its working capital trust fund for enhancements to

  8  center operations or for information technology resources. Any

  9  expenditure of reserve account funds must be approved by the

10  Chief Information Officer of the State Technology Office data

11  processing policy board of the center. Any funds remaining in

12  the reserve account at the end of the fiscal year may be

13  carried forward and spent as approved by the Chief Information

14  Officer of the State Technology Office, provided that such

15  approval conforms to any applicable provisions of chapter 216

16  policy board.

17         Section 14.  Section 282.21, Florida Statutes, is

18  amended to read:

19         282.21  The State Technology Office of the Department

20  of Management Services' electronic access services.--The State

21  Technology Office of the Department of Management Services may

22  collect fees for providing remote electronic access pursuant

23  to s. 119.085. The fees may be imposed on individual

24  transactions or as a fixed subscription for a designated

25  period of time.  All fees collected under this section shall

26  be deposited in the appropriate trust fund of the program or

27  activity that made the remote electronic access available.

28         Section 15.  Section 282.22, Florida Statutes, is

29  amended to read:

30

31


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  1         282.22  The State Technology Office of the Department

  2  of Management Services production and dissemination of

  3  materials and products.--

  4         (1)  It is the intent of the Legislature that when

  5  materials, and products, information, and services are

  6  collected or developed by or under the direction of the State

  7  Technology Office of the Department of Management Services,

  8  through research and development or other efforts, including

  9  those subject to copyright, patent, or trademark, they shall

10  be made available for use by state and local government

11  entities at the earliest practicable date and in the most

12  economical and efficient manner possible and consistent with

13  chapter 119.

14         (2)  To accomplish this objective the office department

15  is authorized to publish or partner with private sector

16  entities to, produce, or have produced materials and products

17  and to make them readily available for appropriate use. The

18  office department is authorized to charge an amount or receive

19  value-added services adequate to cover the essential cost of

20  producing and disseminating such materials, information,

21  services, or and products and is authorized to sell services,

22  when appropriate, copies for use to any entity who is

23  authorized to use utilize the SUNCOM Network pursuant to this

24  part and to the public.

25         (3)  In cases in which the materials or products are of

26  such nature, or the circumstances are such, that it is not

27  practicable or feasible for the office department to produce

28  or have produced materials and products so developed, it is

29  authorized, after review and approval by the Executive Office

30  of the Governor Department of State, to license, lease,

31  assign, sell, or otherwise give written consent to any person,


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  1  firm, or corporation for the manufacture or use thereof, on a

  2  royalty basis, or for such other consideration as the office

  3  department shall deem proper and in the best interest of the

  4  state; the office department is authorized and directed to

  5  protect same against improper or unlawful use or infringement

  6  and to enforce the collection of any sums due for the

  7  manufacture or use thereof by any other party.

  8         (4)  All proceeds from the sale of such materials and

  9  products or other money collected pursuant to this section

10  shall be deposited into the Grants and Donations Trust Fund of

11  the office department and, when properly budgeted as approved

12  by the Legislature and the Executive Office of the Governor,

13  used to pay the cost of producing and disseminating materials

14  and products to carry out the intent of this section.

15         Section 16.  Section 282.303, Florida Statutes, is

16  amended to read:

17         282.303  Definitions.--For the purposes of ss.

18  282.303-282.322, the term:

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

20  216.011(1)(mm) chapter 216.

21         (2)  "State Technology Council" means the council

22  created in s. 282.3091 to develop a statewide vision for, and

23  make recommendations on, information resources management.

24         (2)(3)  "Chief Information Officer" means the person

25  appointed by the agency head, in consultation with the State

26  Technology Office, to coordinate and manage the information

27  resources management policies and activities within that

28  agency.

29         (3)(4)  "Chief Information Officers Council" means the

30  council created in s. 282.315 to facilitate the sharing and

31


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  1  coordination of information resources management issues and

  2  initiatives among the agencies.

  3         (4)(5)  "State Technology Office" means the office

  4  created in s. 282.102 s. 282.3093 to support and coordinate

  5  cost-effective deployment of technology and information

  6  resources and services across state government specified

  7  information resources management activities and to facilitate

  8  educational and training opportunities.

  9         (5)(6)  "Information technology "Data processing

10  hardware" means information technology equipment designed for

11  the automated storage, manipulation, and retrieval of data,

12  voice or video, by electronic or mechanical means, or both,

13  and includes, but is not limited to, central processing units,

14  front-end processing units, including miniprocessors and

15  microprocessors, and related peripheral equipment such as data

16  storage devices, document scanners, data entry, terminal

17  controllers and data terminal equipment, computer-related word

18  processing systems, and equipment and systems for computer

19  networks, personal communication devices, and wireless

20  equipment.

21         (6)(7)  "Information technology "Data processing

22  services" means all services that include, but are not limited

23  to, feasibility studies, systems design, software development,

24  enterprise resource planning, application service provision,

25  consulting, or time-sharing services.

26         (7)(8)  "Data processing software" means the programs

27  and routines used to employ and control the capabilities of

28  data processing hardware, including, but not limited to,

29  operating systems, compilers, assemblers, utilities, library

30  routines, maintenance routines, applications, and computer

31  networking programs.


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  1         (8)(9)  "Agency Annual Enterprise Resource Planning and

  2  Information Resources Management Report" means the report

  3  prepared by the Chief Information Officer of each agency as

  4  required by s. 282.3063.

  5         (9)(10)  "State Annual Report on Enterprise Resource

  6  Planning and Information Resources Management" means the

  7  report prepared by the State Technology Office as defined in

  8  s. 282.3093.

  9         (10)(11)  "Project" means an undertaking directed at

10  the accomplishment of a strategic objective relating to

11  enterprise information resources management or a specific

12  appropriated program.

13         (11)(12)  "Enterprise resource planning and information

14  resources management" means the planning, budgeting,

15  acquiring, developing, organizing, directing, training, and

16  control associated with government information technology

17  resources. The term encompasses information and related

18  resources, as well as the controls associated with their

19  acquisition, development, dissemination, and use.

20         (12)(13)  "Information technology resources" means data

21  processing hardware and software and services, communications,

22  supplies, personnel, facility resources, maintenance, and

23  training.

24         (13)(14)  "Enterprise Information resources management

25  infrastructure" means the hardware, software, networks, data,

26  human resources, policies, standards, and facilities that are

27  required to support the business processes of an agency or

28  state enterprise.

29         (14)(15)  "Technology Review Workgroup" means the

30  workgroup created in s. 216.0446 to review and make

31


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  1  recommendations on agencies' information resources management

  2  planning and budgeting proposals.

  3         (15)(16)  "Total cost" means all costs associated with

  4  information resources management projects or initiatives,

  5  including, but not limited to, value of hardware, software,

  6  service, maintenance, incremental personnel, and facilities.

  7  Total cost of a loan or gift of information technology

  8  resources to an agency includes the fair market value of the

  9  resources, except that the total cost of loans or gifts of

10  information technology resources to state universities to be

11  used in instruction or research does not include fair market

12  value.

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

14  nonproprietary, or non-vendor-specific technologies.

15         Section 17.  Section 282.3031, Florida Statutes, is

16  amended to read:

17         282.3031  Assignment of information resources

18  management responsibilities.--For purposes of ss.

19  282.303-282.322, to ensure the best management of state

20  information technology resources, and notwithstanding other

21  provisions of law to the contrary, the functions of

22  information resources management are hereby assigned to the

23  Board of Regents as the agency responsible for the development

24  and implementation of policy, planning, management,

25  rulemaking, standards, and guidelines for the State University

26  System; to the State Board of Community Colleges as the agency

27  responsible for establishing and developing rules and policies

28  for the Florida Community College System; to the Supreme Court

29  for the judicial branch; and to each state attorney and public

30  defender; and to the State Technology Office for the agencies

31  within the executive branch of state government.


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  1         Section 18.  Subsections (1), (2), (3), (5), (7) and

  2  (10) of section 282.3032, Florida Statutes, are amended to

  3  read:

  4         282.3032  Development and implementation of information

  5  systems; guiding principles.--To ensure the best management of

  6  the state's information technology resources, the following

  7  guiding principles are adopted:

  8         (1)  Enterprise resource Cooperative planning by state

  9  governmental entities is a prerequisite for the effective

10  development and implementation of information systems to

11  enable sharing of data and cost-effective and efficient

12  services to individuals.

13         (2)  The enterprise resource planning process, as well

14  as coordination of development efforts, should include all

15  principals from the outset.

16         (3)  State governmental entities should be committed to

17  maximizing information sharing and participate in

18  enterprise-wide efforts when appropriate moving away from

19  proprietary positions taken relative to data they collect and

20  maintain.

21         (4)  State governmental entities should maximize public

22  access to data, while complying with legitimate security,

23  privacy, and confidentiality requirements.

24         (5)  State governmental entities should strive for an

25  integrated electronic system for providing individuals with

26  sharing of information via networks to the extent possible.

27         (7)  The redundant capture, storage, and dissemination

28  of data should, insofar as possible, be eliminated.

29         (10)  Integration Consistency of data elements should

30  be achieved by establishing standard data definitions, and

31  formats, and integrated electronic systems, when possible.


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  1         Section 19.  Section 282.3041, Florida Statutes, is

  2  amended to read:

  3         282.3041  State agency responsibilities.--The head of

  4  each state agency, in consultation with the State Technology

  5  Office, is responsible and accountable for enterprise resource

  6  planning and information resources management within the

  7  agency in accordance with legislative intent and as defined in

  8  this part.

  9         Section 20.  Section 282.3055, Florida Statutes, is

10  amended to read:

11         282.3055  Agency Chief Information Officer;

12  appointment; duties.--

13         (1)(a)  To assist the agency head in carrying out the

14  enterprise resource planning and information resources

15  management responsibilities, the agency head shall appoint, in

16  consultation with the State Technology Office, or contract for

17  a Chief Information Officer at a level commensurate with the

18  role and importance of information technology resources in the

19  agency.  This position may be full time or part time.

20         (b)  The Chief Information Officer must, at a minimum,

21  have knowledge and experience in both management and

22  information technology resources.

23         (2)  The duties of the Chief Information Officer

24  include, but are not limited to:

25         (a)  Coordinating and facilitating agency enterprise

26  resource planning and information resources management

27  projects and initiatives.

28         (b)  Preparing an agency annual report on enterprise

29  resource planning and information resources management

30  pursuant to s. 282.3063.

31


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  1         (c)  Developing and implementing agency enterprise

  2  resource planning and information resources management

  3  policies, procedures, and standards, including specific

  4  policies and procedures for review and approval of the

  5  agency's purchases of information technology resources.

  6         (d)  Advising agency senior management as to the

  7  enterprise resource planning and information resources

  8  management needs of the agency for inclusion in planning

  9  documents required by law.

10         (e)  Assisting in the development and prioritization of

11  the enterprise resource planning and information resources

12  management schedule of the agency's legislative budget

13  request.

14         Section 21.  Section 282.3063, Florida Statutes, is

15  amended to read:

16         282.3063  Agency Annual Enterprise Resource Planning

17  and Information Resources Management Report.--

18         (1)  By September 1 of each year, and for the State

19  University System within 90 days after completion of the

20  expenditure analysis developed pursuant to s. 240.271(4), each

21  Chief Information Officer shall prepare and submit to the

22  State Technology Office an Agency Annual Enterprise Resource

23  Planning and Information Resources Management Report.

24  Following consultation with the State Technology Office

25  Council and the Chief Information Officers Council, the

26  Executive Office of the Governor and the fiscal committees of

27  the Legislature shall jointly develop and issue instructions

28  for the format and contents of the report.

29         (2)  The Agency Annual Enterprise Resource Planning and

30  Information Resources Management Report shall contain, at a

31  minimum, the following:


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  1         (a)  A forecast of enterprise resource planning and

  2  information resources management priorities and initiatives

  3  for the ensuing 2 years.

  4         (b)  A description of the current enterprise resource

  5  planning and information resources management infrastructure

  6  of the agency and planned changes for the ensuing 2 years.

  7         (c)  A status report on the major enterprise resource

  8  planning and information resources management projects of the

  9  agency.

10         (d)  An assessment of the progress made toward

11  implementing the prior fiscal year legislative appropriation

12  to the agency for enterprise resource planning and information

13  resources management.

14         (e)  The estimated expenditures by the agency for

15  enterprise resource planning and information resources

16  management for the prior fiscal year.

17         (f)  An inventory list, by major categories, of the

18  agency information technology resources, which specifically

19  identifies the resources acquired during the previous fiscal

20  year.

21         (g)  An assessment of opportunities for the agency to

22  share enterprise resource planning and information resources

23  management projects or initiatives with other governmental or

24  private entities.

25         (h)  A list of enterprise resource planning and

26  information resources management issues the agency has

27  identified as statewide issues or critical information

28  resources management issues for which the State Technology

29  Council could provide future leadership or assistance.

30         Section 22.  Section 282.3095, Florida Statutes, is

31  created to read:


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  1         282.3095  Task Force on Privacy and Technology.--

  2         (1)  The State Technology Office shall create a Task

  3  Force on Privacy and Technology. The task force shall include

  4  professionals in the fields of communications, government, law

  5  enforcement, law, marketing, technology, and financial

  6  services, including, but not limited to, the Florida

  7  Association of Court Clerks and Comptrollers, the Florida

  8  Insurance Council, the Society of Consumer Affairs

  9  Professionals in Business, the Florida Retail Federation, and

10  the Office of Statewide Prosecution. The task force shall

11  study and make policy recommendations by February 1, 2001 to

12  the Legislature and the Governor which includes, but is not

13  limited to:

14         (a)  Privacy issues under the constitutions and laws of

15  the United States and the State of Florida, the Public Records

16  Act, and the advent of the use of advanced technologies.

17         (b)  Technology fraud, including, but not limited to,

18  the illegal use of citizens' identities and credit.

19         (c)  Balancing the traditional openness of public

20  records in the state with the need to protect the privacy and

21  identity of individuals.

22         (d)  The sale of public records to private individuals

23  and companies.

24         (2)  The task force shall recommend to the State

25  Technology Office no fewer than three pilot projects designed

26  to further the deployment of electronic access with protection

27  of privacy. The pilot projects shall apply technologies and

28  operating procedures to increase electronic access to public

29  records and to reduce the reliance on paper documents while

30  including safeguards for the protection of privacy rights and

31  confidential information.


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  1         (3)  In order to carry out its duties and

  2  responsibilities, the task force shall hold public meetings

  3  necessary to gather the best available knowledge regarding

  4  these issues. The State Technology Office shall staff the task

  5  force as necessary. The members of the task force shall serve

  6  without compensation, but shall be reimbursed for reasonable

  7  and necessary expenses of attending the public meetings and

  8  performing duties of the task force, including per diem and

  9  travel expenses as provided in s. 112.061. Such expenses shall

10  be reimbursed from funds of the Department of Highway Safety

11  and Motor Vehicles. This subsection expires July 1, 2001.

12         Section 23.  Section 282.310, Florida Statutes, is

13  amended to read:

14         282.310  State Annual Report on Enterprise Resource

15  Planning and Information Resources Management.--

16         (1)  By February January 15 of each year, the State

17  Technology Office shall develop a State Annual Report on

18  Enterprise Resource Planning and Information Resources

19  Management.

20         (2)  The State Annual Report on Enterprise Resource

21  Planning and Information Resources Management shall contain,

22  at a minimum, the following:

23         (a)  The state vision for enterprise resource planning

24  and information resources management.

25         (b)  A forecast of the state enterprise resource

26  planning and information resources management priorities and

27  initiatives for the ensuing 2 years.

28         (c)  A summary of major statewide policies recommended

29  by the State Technology Office Council for enterprise resource

30  planning and information resources management.

31


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  1         (d)  A summary of memoranda issued by the Executive

  2  Office of the Governor.

  3         (e)  An assessment of the overall progress toward an

  4  integrated electronic system for deploying government

  5  products, services, and information to individuals and

  6  businesses and on state enterprise resource planning and

  7  information resources management initiatives and priorities

  8  for the past fiscal year.

  9         (f)  A summary of major statewide issues related to

10  improving enterprise resource planning and information

11  resources management by the state.

12         (g)  An inventory list, by major categories, of state

13  information technology resources.

14         (h)  A summary of the total agency expenditures or

15  descriptions of agreements, contracts, or partnerships for

16  enterprise resource planning and information resources

17  management and of enterprise-wide procurements done by the

18  office on behalf of the state by each state agency.

19         (i)  A summary of the opportunities for government

20  agencies or entities to share enterprise resource planning and

21  information resources management projects or initiatives with

22  other governmental or private sector entities.

23         (j)  A list of the information resources management

24  issues that have been identified as statewide or critical

25  issues for which the State Technology Council could provide

26  leadership or assistance.

27

28  The state annual report shall also include enterprise resource

29  planning and information resources management information from

30  the annual reports prepared by the Board of Regents for the

31  State University System, from the State Board of Community


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  1  Colleges for the Florida Community College System, from the

  2  Supreme Court for the judicial branch, and from the Justice

  3  Administrative Commission on behalf of the state attorneys and

  4  public defenders. Expenditure information shall be taken from

  5  each agency's annual report as well as the annual reports of

  6  the Board of Regents, the State Board of Community Colleges,

  7  the Supreme Court, and the Justice Administrative Commission.

  8         (3)  The state annual report shall be made available in

  9  writing or through electronic means to the Executive Office of

10  the Governor, the President of the Senate, the Speaker of the

11  House of Representatives, and the Chief Justice of the Supreme

12  Court.

13         Section 24.  Section 282.315, Florida Statutes, is

14  amended to read:

15         282.315  Chief Information Officers Council;

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

17  consensus building, coordination, and facilitation of

18  statewide enterprise resource planning and information

19  resources management issues is essential to improving state

20  management of such resources.

21         (1)  There is created a Chief Information Officers

22  Council to:

23         (a)  Enhance communication among the Chief Information

24  Officers of state agencies by sharing enterprise resource

25  planning and information resources management experiences and

26  exchanging ideas.

27         (b)  Facilitate the sharing of best practices that are

28  characteristic of highly successful technology organizations,

29  as well as exemplary information technology applications of

30  state agencies.

31


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  1         (c)  Identify efficiency opportunities among state

  2  agencies.

  3         (d)  Serve as an educational forum for enterprise

  4  resource planning and information resources management issues.

  5         (e)  Assist the State Technology Office Council in

  6  identifying critical statewide issues and, when appropriate,

  7  make recommendations for solving enterprise resource planning

  8  and information resources management deficiencies.

  9         (2)  Members of the council shall include the Chief

10  Information Officers of all state agencies, including the

11  Chief Information Officers of the agencies and governmental

12  entities enumerated in s. 282.3031, except that there shall be

13  one Chief Information Officer selected by the state attorneys

14  and one Chief Information Officer selected by the public

15  defenders. The chairs, or their designees, of the Geographic

16  Information Board, the Florida Financial Management

17  Information System Coordinating Council, the Criminal and

18  Juvenile Justice Information Systems Council, and the Health

19  Information Systems Council shall represent their respective

20  organizations on the Chief Information Officers Council as

21  voting members.

22         (3)  The State Technology Office shall provide

23  administrative support to the council.

24         Section 25.  Section 282.318, Florida Statutes, is

25  amended to read:

26         282.318  Security of data and information technology

27  resources.--

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

29  and Information Technology Resources Act."

30         (2)(a)  Each agency head, in consultation with the

31  State Technology Office, is responsible and accountable for


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  1  assuring an adequate level of security for all data and

  2  information technology resources of the agency and, to carry

  3  out this responsibility, shall, at a minimum:

  4         1.  Designate an information security manager who shall

  5  administer the security program of the agency for its data and

  6  information technology resources.

  7         2.  Conduct, and periodically update, a comprehensive

  8  risk analysis to determine the security threats to the data

  9  and information technology resources of the agency.  The risk

10  analysis information is confidential and exempt from the

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

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

13  postauditing duties.

14         3.  Develop, and periodically update, written internal

15  policies and procedures to assure the security of the data and

16  information technology resources of the agency.  The internal

17  policies and procedures which, if disclosed, could facilitate

18  the unauthorized modification, disclosure, or destruction of

19  data or information technology resources are confidential

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

21  except that such information shall be available to the Auditor

22  General in performing his or her postauditing duties.

23         4.  Implement appropriate cost-effective safeguards to

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

25  data and information technology resources of the agency.

26         5.  Ensure that periodic internal audits and

27  evaluations of the security program for the data and

28  information technology resources of the agency are conducted.

29  The results of such internal audits and evaluations are

30  confidential information and exempt from the provisions of s.

31  119.07(1), except that such information shall be available to


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  1  the Auditor General in performing his or her postauditing

  2  duties.

  3         6.  Include appropriate security requirements, as

  4  determined by the agency, in the written specifications for

  5  the solicitation of information technology resources.

  6         (b)  In those instances in which the State Technology

  7  Office of the Department of Management Services develops state

  8  contracts for use by state agencies, the department shall

  9  include appropriate security requirements in the

10  specifications for the solicitation for state contracts for

11  procuring information technology resources.

12         Section 26.  Subsections (2), (3), (4), (6), (7), and

13  (8) of section 282.404, Florida Statutes, are amended to read:

14         282.404  Geographic information board; definition;

15  membership; creation; duties; advisory council; membership;

16  duties.--

17         (2)(a)  The Florida Geographic Information Board is

18  created in the State Technology Executive Office of the

19  Governor. The purpose of the board is to facilitate the

20  identification, coordination, collection, and sharing of

21  geographic information among federal, state, regional, and

22  local agencies, and the private sector. The board shall

23  develop solutions, policies, and standards to increase the

24  value and usefulness of geographic information concerning

25  Florida. In formulating and developing solutions, policies,

26  and standards, the board shall provide for and consider input

27  from other public agencies, such as the state universities,

28  large and small municipalities, urban and rural county

29  governments, and the private sector.

30         (b)  The Geographic Information Board may issue

31  guidelines on recommended best practices, including


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  1  recommended policies and standards, for the identification,

  2  coordination, collection, and sharing of geographic

  3  information.

  4         (c)  The Geographic Information Board may contract for,

  5  accept, and make gifts, grants, loans, or other aid from and

  6  to any other governmental entity and to any person. Members

  7  may contribute, and the board may receive and expend, funds

  8  for board initiatives.

  9         (3)  The board consists of the Chief Information

10  Officer in the State Technology Office Director of Planning

11  and Budgeting within the Executive Office of the Governor, the

12  executive director of the Fish and Wildlife Conservation

13  Commission, the executive director of the Department of

14  Revenue, and the State Cadastral Surveyor, as defined in s.

15  177.503, or their designees, and the heads of the following

16  agencies, or their designees: the Department of Agriculture

17  and Consumer Services, the Department of Community Affairs,

18  the Department of Environmental Protection, the Department of

19  Transportation, and the Board of Professional Surveyors and

20  Mappers. The Governor shall appoint to the board one member

21  each to represent the counties, municipalities, regional

22  planning councils, water management districts, and county

23  property appraisers. The Governor shall initially appoint two

24  members to serve 2-year terms and three members to serve

25  4-year terms. Thereafter, the terms of all appointed members

26  must be 4 years and the terms must be staggered. Members may

27  be appointed to successive terms and incumbent members may

28  continue to serve the board until a new appointment is made.

29         (4)  The Chief Information Officer in the State

30  Technology Office Director of Planning and Budgeting of the

31  Executive Office of the Governor, or his or her designee,


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  1  shall serve as the chair of the board. A majority of the

  2  membership of the board constitutes a quorum for the conduct

  3  of business. The board shall meet at least twice each year,

  4  and the chair may call a meeting of the board as often as

  5  necessary to transact business. Administrative and clerical

  6  support to the board shall be provided by the State Technology

  7  Office of the Department of Management Services.

  8         (6)  The Florida Geographic Information Advisory

  9  Council is created in the State Technology Office Executive

10  Office of the Governor to provide technical assistance and

11  recommendations to the board.

12         (7)  The Geographic Information Advisory Council

13  consists of one member each from the State Technology Office

14  Office of Planning and Budgeting within the Executive Office

15  of the Governor, the Fish and Wildlife Conservation

16  Commission, the Department of Revenue, the Department of

17  Agriculture and Consumer Services, the Department of Community

18  Affairs, the Department of Environmental Protection, the

19  Department of Transportation, the State Cadastral Surveyor,

20  the Board of Professional Surveyors and Mappers, counties,

21  municipalities, regional planning councils, water management

22  districts, and property appraisers, as appointed by the

23  corresponding member of the board, and the State Geologist.

24  The Governor shall appoint to the council one member each, as

25  recommended by the respective organization, to represent the

26  Department of Children and Family Services, the Department of

27  Health, the Florida Survey and Mapping Society, Florida Region

28  of the American Society of Photogrammetry and Remote Sensing,

29  Florida Association of Cadastral Mappers, the Florida

30  Association of Professional Geologists, Florida Engineering

31  Society, Florida Chapter of the Urban and Regional Information


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  1  Systems Association, the forestry industry, the State

  2  University System survey and mapping academic research

  3  programs, and State University System geographic information

  4  systems academic research programs; and two members

  5  representing utilities, one from a regional utility, and one

  6  from a local or municipal utility. These persons must have

  7  technical expertise in geographic information issues. The

  8  Governor shall initially appoint six members to serve 2-year

  9  terms and six members to serve 4-year terms. Thereafter, the

10  terms of all appointed members must be 4 years and must be

11  staggered. Members may be appointed to successive terms, and

12  incumbent members may continue to serve the council until a

13  successor is appointed. Representatives of the Federal

14  Government may serve as ex officio members without voting

15  rights.

16         (8)  A majority of the membership constitutes a quorum

17  for the conduct of business and shall elect the chair of the

18  advisory council biennially. The council shall meet at least

19  twice a year, and the chair may call meetings as often as

20  necessary to transact business or as directed by the board.

21  The chair, or his or her designee, shall attend all board

22  meetings on behalf of the council. Administrative and clerical

23  support shall be provided by the State Technology Office of

24  the Department of Management Services.

25         Section 27.  Paragraph (b) of subsection (1) and

26  paragraph (o) of subsection (3) of section 119.07, Florida

27  Statutes, are amended to read:

28         119.07  Inspection, examination, and duplication of

29  records; exemptions.--

30         (b)  If the nature or volume of public records

31  requested to be inspected, examined, or copied pursuant to


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  1  this subsection is such as to require extensive use of

  2  information technology resources or extensive clerical or

  3  supervisory assistance by personnel of the agency involved, or

  4  both, the agency may charge, in addition to the actual cost of

  5  duplication, a special service charge, which shall be

  6  reasonable and shall be based on the cost incurred for such

  7  extensive use of information technology resources or the labor

  8  cost of the personnel providing the service that is actually

  9  incurred by the agency or attributable to the agency for the

10  clerical and supervisory assistance required, or both.

11  "Information technology resources" shall have the same meaning

12  as in s. 282.303(12) s. 282.303(13).

13         (3)

14         (o)  Data processing software obtained by an agency

15  under a licensing agreement which prohibits its disclosure and

16  which software is a trade secret, as defined in s. 812.081,

17  and agency-produced data processing software which is

18  sensitive are exempt from the provisions of subsection (1) and

19  s. 24(a), Art. I of the State Constitution.  The designation

20  of agency-produced software as sensitive shall not prohibit an

21  agency head from sharing or exchanging such software with

22  another public agency.  As used in this paragraph:

23         1.  "Data processing software" has the same meaning as

24  in s. 282.303(7) s. 282.303(8).

25         2.  "Sensitive" means only those portions of data

26  processing software, including the specifications and

27  documentation, used to:

28         a.  Collect, process, store, and retrieve information

29  which is exempt from the provisions of subsection (1);

30

31


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  1         b.  Collect, process, store, and retrieve financial

  2  management information of the agency, such as payroll and

  3  accounting records; or

  4         c.  Control and direct access authorizations and

  5  security measures for automated systems.

  6         Section 28.  Subsection (1) of section 287.073, Florida

  7  Statutes, is amended to read:

  8         287.073  Procurement of information technology

  9  resources.--

10         (1)  For the purposes of this section, the term

11  "information technology resources" has the same meaning

12  ascribed in s. 282.303(12) s. 282.303(13).

13         Section 29.  Sections 282.3091 and 282.3093, Florida

14  Statutes, are repealed.

15         Section 30.  Subsections (1), (2), and (3) of section

16  215.322, Florida Statutes, are amended to read:

17         215.322  Acceptance of credit cards, charge cards, or

18  debit cards by state agencies, units of local government, and

19  the judicial branch.--

20         (1)  It is the intent of the Legislature to encourage

21  state agencies, the judicial branch and units of local

22  government to make their goods, services, and information more

23  convenient to the public through the and to reduce the

24  administrative costs of government by acceptance of payments

25  by credit cards, charge cards, and debit cards to the maximum

26  extent practicable when the benefits to the participating

27  agency and the public substantiate the cost of accepting these

28  types of payments.

29         (2)  A state agency as defined in s. 216.011, or the

30  judicial branch, may accept credit cards, charge cards, or

31  debit cards in payment for goods and services upon the


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  1  recommendation of the Office of Planning and Budgeting and

  2  with the prior approval of the Treasurer. When the Internet or

  3  other related electronic methods are to be used as the

  4  collection medium, the State Technology Office shall review

  5  and recommend to the Treasurer whether to approve the request

  6  with regard to the process or procedure to be used.

  7         (3)  The Treasurer shall adopt rules governing the

  8  establishment and acceptance of credit cards, charge cards, or

  9  debit cards by state agencies or the judicial branch,

10  including, but not limited to, the following:

11         (a)  Utilization of a standardized contract between the

12  financial institution or other appropriate intermediaries and

13  the agency or judicial branch which shall be developed by the

14  Treasurer or approval by the Treasurer of a substitute

15  agreement.

16         (b)  Procedures which permit an agency or officer

17  accepting payment by credit card, charge card, or debit card

18  to impose a convenience fee upon the person making the

19  payment. However, the total amount of such convenience fees

20  shall not exceed the total cost to the state agency of

21  contracting for such card services. A convenience fee is not

22  refundable to the payor. Notwithstanding the foregoing, this

23  section shall not be construed to permit surcharges on any

24  other credit card purchase in violation of s. 501.0117.

25         (c)  All service fees payable pursuant to this section

26  when practicable shall be invoiced and paid by state warrant

27  or such other manner that is satisfactory to the Comptroller

28  in accordance with the time periods specified in s. 215.422.

29         (d)  Submission of information to the Treasurer

30  concerning the acceptance of credit cards, charge cards, or

31  debit cards by all state agencies or the judicial branch.


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  1         (e)  A methodology for agencies to use when completing

  2  the cost-benefit analysis referred to in subsection (1). The

  3  methodology must consider all quantifiable cost reductions,

  4  other benefits to the agency, and potential impact on general

  5  revenue. The methodology must also consider nonquantifiable

  6  benefits such as the convenience to individuals and businesses

  7  that would benefit from the ability to pay for state goods and

  8  services through the use of credit cards, charge cards, and

  9  debit cards.

10         Section 31.  Subsections (5), (11), and (15) of section

11  287.012, Florida Statutes, are amended to read:

12         287.012  Definitions.--The following definitions shall

13  apply in this part:

14         (5)  "Competitive sealed bids" or "competitive sealed

15  proposals" refers to the receipt of two or more sealed bids or

16  proposals submitted by responsive and qualified bidders or

17  offerors and includes bids or proposals transmitted by

18  electronic means in lieu of or in addition to written bids or

19  proposals.

20         (11)  "Invitation to bid" means a written solicitation

21  for competitive sealed bids with the title, date, and hour of

22  the public bid opening designated and specifically defining

23  the commodity, group of commodities, or services for which

24  bids are sought.  It includes instructions prescribing all

25  conditions for bidding and shall be distributed to all

26  prospective bidders simultaneously.  The invitation to bid is

27  used when the agency is capable of specifically defining the

28  scope of work for which a contractual service is required or

29  when the agency is capable of establishing precise

30  specifications defining the actual commodity or group of

31


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  1  commodities required.  A written solicitation includes a

  2  solicitation published or transmitted by electronic means.

  3         (15)  "Request for proposals" means a written

  4  solicitation for competitive sealed proposals with the title,

  5  date, and hour of the public opening designated. A written

  6  solicitation includes a solicitation published or transmitted

  7  by electronic means. The request for proposals is used when

  8  the agency is incapable of specifically defining the scope of

  9  work for which the commodity, group of commodities, or

10  contractual service is required and when the agency is

11  requesting that a qualified offeror propose a commodity, group

12  of commodities, or contractual service to meet the

13  specifications of the solicitation document.  A request for

14  proposals includes, but is not limited to, general

15  information, applicable laws and rules, functional or general

16  specifications, statement of work, proposal instructions, and

17  evaluation criteria. Requests for proposals shall state the

18  relative importance of price and any other evaluation

19  criteria.

20         Section 32.  Paragraph (a) of subsection (16) of

21  section 287.042, Florida Statutes, is amended to read:

22         287.042  Powers, duties, and functions.--The department

23  shall have the following powers, duties, and functions:

24         (16)(a)  To enter into joint agreements with

25  governmental agencies, as defined in s. 163.3164(10), for the

26  purpose of pooling funds for the purchase of commodities,

27  information technology resources, or services that can be used

28  by multiple agencies.  However, the department shall may

29  consult with the State Technology Office on joint agreements

30  that involve the purchase of information technology resources.

31  Agencies entering into joint purchasing agreements with the


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  1  department shall authorize the department to contract for such

  2  purchases on their behalf.

  3         Section 33.  Subsection (22) is added to section

  4  287.057,Florida Statutes, to read:

  5         287.057  Procurement of commodities or contractual

  6  services.--

  7         (22)(a)  The State Technology Office of the department

  8  shall develop a program for on-line procurement of commodities

  9  and contractual services.  Only bidders prequalified as

10  meeting mandatory requirements and qualifications criteria

11  shall be permitted to participate in on-line procurement. The

12  State Technology Office may contract for equipment and

13  services necessary to develop and implement on-line

14  procurement.

15         (b)  The State Technology Office may adopt rules,

16  pursuant to ss. 120.536(1) and 120.54, to implement the

17  program for on-line procurement. The rules shall include, but

18  not be limited to:

19         1.  Determining the requirements and qualification

20  criteria for prequalifying bidders.

21         2.  Establishing the procedures for conducting on-line

22  procurement.

23         3.  Establishing the criteria for eligible commodities

24  and contractual services.

25         4.  Establishing the procedures for providing access to

26  on-line procurement.

27         Section 34.  Creation and implementation of a marketing

28  and image campaign.--

29         (1)  Enterprise Florida, Inc., in collaboration with

30  the private sector, shall create a marketing campaign to help

31  attract, develop, and retain information technology businesses


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  1  in this state. The campaign must be coordinated with any

  2  existing economic development promotion efforts in this state,

  3  and shall be jointly funded from private and public resources.

  4         (2)  The message of the campaign shall be to increase

  5  national and international awareness of this state as a state

  6  ideally suited for the successful advancement of the

  7  information technology business sector. Marketing strategies

  8  shall include development of promotional materials, Internet

  9  and print advertising, public relations and media placement,

10  trade show attendance at information technology events, and

11  appropriate followup activities. Efforts to promote this state

12  as a high-technology business leader must include

13  identification and coordination of existing business

14  technology resources, partnerships with economic development

15  organizations and private sector businesses, continued

16  retention and growth of businesses based in this state that

17  produce high-technology products or use high-technology skills

18  for manufacturing, and recruitment of new business in such

19  area.

20         Section 35.  Development of an Internet-based system

21  for information technology industry promotion and workforce

22  recruitment.--

23         (1)  The Department of Labor and Employment Security

24  shall facilitate efforts to ensure the development and

25  maintenance of a website that promotes and markets the

26  information technology industry in this state. The website

27  shall be designed to inform the public concerning the scope of

28  the information technology industry in the state and shall

29  also be designed to address the workforce needs of the

30  industry. The website shall include, through links or actual

31  content, information concerning information technology


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  1  businesses in this state, including links to such businesses;

  2  information concerning employment available at these

  3  businesses; and the means by which a jobseeker may post a

  4  resume on the website.

  5         (2)  The Department of Labor and Employment Security

  6  shall coordinate with the State Technology Office and the

  7  Workforce Development Board of Enterprise Florida, Inc., to

  8  ensure links, where feasible and appropriate, to existing job

  9  information websites maintained by the state and state

10  agencies and to ensure that information technology positions

11  offered by the state and state agencies are posted on the

12  information technology website.

13         Section 36.  Establishment of a network access

14  point.--The state actively supports efforts that enhance the

15  information technology industry in this state, particularly

16  those efforts that increase broadband technology. A critical

17  initiative to enhance this industry in this state is

18  determined to be the development of a network access point,

19  which is defined to be a carrier-neutral, public-private

20  Internet traffic exchange point. The state encourages private

21  information technology businesses to forge partnerships to

22  develop a network access point in this state. Moreover, the

23  state recognizes the importance of a network access point that

24  addresses the needs of small information technology

25  businesses.

26         Section 37.  Paragraph (n) is added to subsection (5)

27  of section 212.08, Florida Statutes, to read:

28         212.08  Sales, rental, use, consumption, distribution,

29  and storage tax; specified exemptions.--The sale at retail,

30  the rental, the use, the consumption, the distribution, and

31  the storage to be used or consumed in this state of the


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  1  following are hereby specifically exempt from the tax imposed

  2  by this chapter.

  3         (5)  EXEMPTIONS; ACCOUNT OF USE.--

  4         (n)  Equipment used to deploy broadband technologies.--

  5         1.  Beginning July 1, 2000, equipment purchased by a

  6  communications service provider that is necessary for use in

  7  the deployment of broadband technologies in the state as part

  8  of the direct participation by the communications service

  9  provider in a network access point, which is defined as a

10  carrier-neutral, public-private Internet traffic exchange

11  point, in this state shall be exempt from the tax imposed by

12  this chapter. This exemption inures to the communications

13  service provider only through a refund of previously paid

14  taxes. A refund shall be authorized upon an affirmative

15  showing by the taxpayer to the satisfaction of the department

16  that the requirements of this paragraph have been met.

17         2.  To be entitled to a refund, an eligible

18  communications service provider must file under oath with the

19  department an application that includes:

20         a.  The name and address of the communications service

21  provider claiming to be entitled to the refund.

22         b.  A specific description of the property for which

23  the exemption is sought, including its serial number or other

24  permanent identification number.

25         c.  The location of the property.

26         d.  The sales invoice or other proof of purchase of the

27  property, showing the amount of sales tax paid, the date of

28  purchase, and the name and address of the sales tax dealer

29  from whom the property was purchased.

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  1         3.  An application for a refund pursuant to this

  2  paragraph must be submitted to the department within 6 months

  3  after the eligible property is purchased.

  4         4.  The provisions of s. 212.095 do not apply to any

  5  refund application made pursuant to this paragraph. The

  6  department shall adopt rules governing the manner and form of

  7  refund applications and may establish guidelines as to the

  8  requisites for an affirmative showing of qualification for

  9  exemption under this paragraph.

10         5.  For purposes of this paragraph:

11         a.  "Broadband technology" means packaged technology

12  that has the capability of supporting transmission speeds of

13  at least 1.544 megabits per second in both directions.

14         b.  "Communications service provider" means a company

15  that supports or provides individuals and other companies with

16  access to the Internet and other related services.

17         c.  "Equipment" includes asynchronous transfer mode

18  switches, digital subscriber line access multiplexers,

19  routers, servers, multiplexers, fiber optic connector

20  equipment, database equipment, and other network equipment

21  used to provide broadband technology and information services.

22         6.  Contingent upon annual appropriation, the

23  department may approve refunds up to the amount appropriated

24  for this refund program based on the filing of an application

25  pursuant to this paragraph. No refund shall be made with

26  respect to any application received by the department in any

27  year after the funds appropriated for that year have been

28  exhausted.

29         7.  This paragraph is repealed June 30, 2005.

30         Section 38.  The sum of $700,000 from non-recurring

31  General Revenue is appropriated for fiscal year 2000-2001 to


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  1  the Department of Revenue to reimburse eligible companies for

  2  sales tax payments made on equipment specifically associated

  3  with the creation of a network access point.  The Department

  4  of Revenue is authorized to adopt rules to implement the sales

  5  tax refund provisions of this act.

  6         Section 39.  Subsection (1) of section 556.108, Florida

  7  Statutes, is amended to read:

  8         556.108  Exemptions.--The notification requirements

  9  provided in s. 556.105(1) do not apply to:

10         (1)  Any excavation or demolition performed by the

11  owner of single-family residential property; or for such owner

12  by a member operator or an agent of a member operator when

13  such excavation or demolition is made entirely on such land,

14  and only up to a depth of 10 inches; provided due care is used

15  and there is no encroachment on any member operator's

16  right-of-way, easement, or permitted use.

17         Section 40.  (1)  Subsection (1) of section 350.031,

18  Florida Statutes, is amended to read:

19         350.031  Florida Public Service Commission Nominating

20  Council.--

21         (1)  There is created a Florida Public Service

22  Commission Nominating Council consisting of nine members. At

23  least one member of the council must be 60 years of age or

24  older.  Three members, including one member of the House of

25  Representatives, shall be appointed by and serve at the

26  pleasure of the Speaker of the House of Representatives; three

27  members, including one member of the Senate, shall be

28  appointed by and serve at the pleasure of the President of the

29  Senate; and three members shall be selected and appointed by a

30  majority vote of the other six members of the council. All

31  terms shall be for 4 years except those members of the House


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  1  and Senate, who shall serve 2-year terms concurrent with the

  2  2-year elected terms of House members. Vacancies on the

  3  council shall be filled for the unexpired portion of the term

  4  in the same manner as original appointments to the council. A

  5  member may not be reappointed to the council, except for a

  6  member of the House of Representatives or the Senate who may

  7  be appointed to two 2-year terms or a person who is appointed

  8  to fill the remaining portion of an unexpired term.

  9         (2)  This section applies to any person who is a member

10  of the Florida Public Service Commission Nominating Council on

11  the effective date of this act.

12         Section 41.  If any provision of this act or the

13  application thereof to any person or circumstance is held

14  invalid, the invalidity shall not affect tother provisions or

15  applications of the act which can be given effect without the

16  invalid provision or application, and to this end the

17  provisions of this act are declared severable.

18         Section 42.  This act shall take effect July 1, 2000.

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