282.102  Powers and duties of the Department of Management Services.--The Department of Management Services shall have the following powers, duties, and functions:

(1)  To publish electronically the portfolio of services available from the department, including pricing information; the policies and procedures of the department governing usage of available services; and a forecast of the priorities and initiatives for the state communications system for the ensuing 2 years. The department shall provide a hard copy of its portfolio of services upon request.

(2)  To coordinate the purchase, lease, and use of all communications services for state government, including communications services provided as part of any other total system to be used by the state or any of its agencies.

(3)  To advise and render aid to state agencies and political subdivisions of the state as to systems or methods to be used for organizing and meeting communications requirements efficiently and effectively.

(4)  To consolidate the communications systems and services of state agencies and to provide for their joint use by the agencies when determined by the department to be economically efficient or performance-effective.

(5)  To adopt technical standards for the state communications system which will assure the interconnection of computer networks and information systems of state agencies.

(6)  To assume management responsibility for any consolidated communications system or service when determined by the department to be economically efficient or performance-effective.

(7)  To enter into agreements for the support and use of the communications services of state agencies and of political subdivisions of the state.

(8)  To use or acquire, with agency concurrence, communications facilities now owned or operated by any state agency.

(9)  To standardize policies and procedures for the use of such services.

(10)  To purchase from or contract with suppliers and communications companies for communications facilities or services, including private line services.

(11)  To apply for, receive, and hold, or assist agencies in applying for, receiving, or holding, such authorizations, licenses, and allocations or channels and frequencies to carry out the purposes of ss. 282.101-282.109.

(12)  To acquire real estate, equipment, and other property.

(13)  To cooperate with any federal, state, or local emergency management agency in providing for emergency communications services.

(14)  To delegate to state agencies the powers of acquisition and utilization of communications equipment, facilities, and services or to control and approve the purchase, lease, and use of all communications equipment, services, and facilities, including communications services provided as part of any other total system to be used by the state or any of its agencies. This subsection does not apply to the data processing hardware of an agency as defined in this part.

(15)  To take ownership, custody, and control of existing communications equipment and facilities, with agency concurrence, including all right, title, interest, and equity therein, to carry out the purposes of ss. 282.101-282.109. However, the provisions of this subsection shall in no way affect the rights, title, interest, or equity in any such equipment or facilities owned by, or leased to, the state or any state agency by any telecommunications company.

(16)  To prescribe rules and regulations for the use of the state communications system.

(17)  To provide a means whereby political subdivisions of the state may use the state communications system upon such terms and under such conditions as the department may establish.

(18)  To apply for and accept federal funds for any of the purposes of ss. 282.101-282.109 as well as gifts and donations from individuals, foundations, and private organizations.

(19)  To monitor issues relating to communications facilities and services before the Florida Public Service Commission and, when necessary, prepare position papers, prepare testimony, appear as a witness, and retain witnesses on behalf of state agencies in proceedings before the commission.

(20)  Unless delegated to the agencies, to manage and control, but not intercept or interpret, communications within the SUNCOM Network by:

(a)  Establishing technical standards to physically interface with the SUNCOM Network.

(b)  Specifying how communications are transmitted within the SUNCOM Network.

(c)  Controlling the routing of communications within the SUNCOM Network.

(d)  Establishing standards, policies, and procedures for access to the SUNCOM Network.

(e)  Ensuring orderly and reliable communications services in accordance with the standards and policies of all state agencies and the service agreements executed with state agencies.

(21)  To plan, design, and conduct experiments in communications services, equipment, and technologies, and to implement enhancements in the state communications system when justified and cost-effective. Funding for such experiments shall be derived from SUNCOM Network service revenues and shall not exceed 1 percent of the annual budget for the SUNCOM Network for any fiscal year. New services offered as a result of this subsection shall not affect existing rates for facilities or services.

(22)  To enter into contracts or agreements, with or without competitive bidding or procurement, to make available, on a fair, reasonable, and nondiscriminatory basis, property and other structures under department control for the placement of new facilities by any wireless provider of mobile service as defined in 47 U.S.C. s. 153(n) or s. 332(d) and any telecommunications company as defined in s. 364.02 when it is determined to be practical and feasible to make such property or other structures available. The department may, without adopting a rule, charge a just, reasonable, and nondiscriminatory fee for the placement of the facilities, payable annually, based on the fair market value of space used by comparable communications facilities in the state. The department and a wireless provider or telecommunications company may negotiate the reduction or elimination of a fee in consideration of services provided to the department by the wireless provider or telecommunications company. All such fees collected by the department shall be deposited directly into the State Agency Law Enforcement Radio System Trust Fund, and may be used by the department to construct, maintain, or support the system.

History.--s. 22, ch. 69-106; s. 1, ch. 70-327; s. 36, ch. 83-334; s. 11, ch. 87-137; s. 220, ch. 92-279; s. 55, ch. 92-326; s. 16, ch. 95-143; s. 1, ch. 96-357; s. 9, ch. 96-390; s. 11, ch. 97-286; s. 65, ch. 98-279.