Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SB 102
       
       
       
       
       
       
                                Barcode 262522                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/05/2011           .                                
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       The Committee on Governmental Oversight and Accountability
       (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 14.204, Florida Statutes, is
    6  transferred, renumbered as section 20.51, Florida Statutes, and
    7  amended to read:
    8         20.51 14.204Department of Agency for Enterprise
    9  Information Technology.—The Department of Agency for Enterprise
   10  Information Technology is created within the Executive Office of
   11  the Governor.
   12         (1) The head of the department is agency shall be the
   13  Governor and Cabinet.
   14         (2) The agency is a separate budget entity and is not
   15  subject to control, supervision, or direction by the Executive
   16  Office of the Governor, including, but not limited to,
   17  purchasing, transactions involving real or personal property,
   18  personnel, or budgetary matters.
   19         (2)(3) The department agency shall have an executive
   20  director who is the state’s Chief Technology Information Officer
   21  and who must, at a minimum:
   22         (a) Have a degree from an accredited postsecondary
   23  institution in engineering, computer science, information
   24  science, or information systems;
   25         (b) Have at least 7 years of executive-level experience in
   26  managing information technology organizations; and
   27         (c) Be appointed by the Governor and confirmed by the
   28  Cabinet, subject to confirmation by the Senate, and serve at the
   29  pleasure of the Governor and Cabinet.
   30         (3)The department shall consist of the following
   31  divisions:
   32         (a)The Division of Strategic Procurement, which includes
   33  the development of all enterprise information technology
   34  procurement and acquisition-management systems across state
   35  agencies, whether owned or contracted, and has the objective of
   36  achieving unified accountability.
   37         (b)The Division of Policy Formation, Development, and
   38  Standards, which, by rule, sets the technical and architectural
   39  expectations for current and emerging technologies and
   40  establishes new human capital skill sets, competency
   41  expectations, and total compensation for all information
   42  technology professions within state agencies.
   43         (c)The Division of Implementation, which is responsible
   44  for the execution, timing, and integration of specific
   45  technology components and business domain management and the
   46  retention of agency expertise in key legacy applications in
   47  nonstrategic management systems.
   48         (4) The department agency shall have the following duties
   49  and responsibilities:
   50         (a) Develop strategies for the design, delivery, and
   51  management of the enterprise information technology services
   52  established in law.
   53         (b) Monitor the delivery and management of the enterprise
   54  information technology services as established in law.
   55         (c) Make recommendations to the agency head and the
   56  Legislature concerning other information technology services
   57  that should be designed, delivered, and managed as enterprise
   58  information technology services as defined in s. 282.0041.
   59         (d) Plan and establish policies for managing proposed
   60  statutorily authorized enterprise information technology
   61  services, which includes:
   62         1. Developing business cases that, when applicable, include
   63  the components identified in s. 287.0571;
   64         2. Establishing and coordinating project-management teams;
   65         3. Establishing formal risk-assessment and mitigation
   66  processes; and
   67         4. Providing for independent monitoring of projects for
   68  recommended corrective actions.
   69         (e) Beginning October 1, 2010, develop, publish, and
   70  biennially update a long-term strategic enterprise information
   71  technology plan that identifies and recommends strategies and
   72  opportunities to improve the delivery of cost-effective and
   73  efficient enterprise information technology services to be
   74  proposed for establishment pursuant to s. 282.0056.
   75         (f) Perform duties related to the state data center system
   76  as provided in s. 282.201.
   77         (g) Coordinate acquisition planning and procurement
   78  negotiations for hardware and software products and services in
   79  order to improve the efficiency and reduce the cost of
   80  enterprise information technology services.
   81         (h) In consultation with the Division of Purchasing in the
   82  Department of Management Services, coordinate procurement
   83  negotiations for information technology products as defined in
   84  s. 282.0041 which will be used by multiple agencies.
   85         (i) In coordination with, and through the services of, the
   86  Division of Purchasing in the Department of Management Services,
   87  establish best practices for the procurement of information
   88  technology products as defined in s. 282.0041 in order to
   89  achieve savings for the state.
   90         (j) Develop information technology standards for enterprise
   91  information technology services.
   92         (k) Provide annually, by December 31, recommendations to
   93  the Legislature relating to techniques for consolidating the
   94  purchase of information technology commodities and services,
   95  which result in savings for the state, and for establishing a
   96  process to achieve savings through consolidated purchases.
   97         (5) The Office of Information Security shall be created
   98  within the department agency. The department agency shall
   99  designate a state Chief Information Security Officer who shall
  100  oversee the office and report directly to the executive
  101  director.
  102         (6) The department agency shall operate in a manner that
  103  ensures the participation and representation of state agencies
  104  and the Agency Chief Information Officers Council established in
  105  s. 282.315.
  106         (7) The department agency may adopt rules to carry out its
  107  statutory duties.
  108         Section 2. Subsection (1) and paragraph (g) of subsection
  109  (2) of section 17.0315, Florida Statutes, are amended to read:
  110         17.0315 Financial and cash management system; task force.—
  111         (1) The Chief Financial Officer, as the constitutional
  112  officer responsible for settling and approving accounts against
  113  the state and keeping all state funds pursuant to s. 4, Art. IV
  114  of the State Constitution, shall be the head of and appoint
  115  members to a task force established to develop a strategic
  116  business plan for a successor financial and cash management
  117  system. The task force shall include the executive director of
  118  the Department of Agency for Enterprise Information Technology
  119  and the director of the Office of Policy and Budget in the
  120  Executive Office of the Governor. Any member of the task force
  121  may appoint a designee.
  122         (2) The strategic business plan for a successor financial
  123  and cash management system must:
  124         (g) Be coordinated with the information technology strategy
  125  development efforts of the Department of Agency for Enterprise
  126  Information Technology;
  127         Section 3. Paragraph (e) of subsection (2) of section
  128  110.205, Florida Statutes, is amended to read:
  129         110.205 Career service; exemptions.—
  130         (2) EXEMPT POSITIONS.—The exempt positions that are not
  131  covered by this part include the following:
  132         (e) The Chief Information Officer in the Department of
  133  Agency for Enterprise Information Technology. Unless otherwise
  134  fixed by law, the Department of Agency for Enterprise
  135  Information Technology shall set the salary and benefits of this
  136  position in accordance with the rules of the Senior Management
  137  Service.
  138         Section 4. Subsections (2) and (9) of section 215.322,
  139  Florida Statutes, are amended to read:
  140         215.322 Acceptance of credit cards, charge cards, debit
  141  cards, or electronic funds transfers by state agencies, units of
  142  local government, and the judicial branch.—
  143         (2) A state agency as defined in s. 216.011, or the
  144  judicial branch, may accept credit cards, charge cards, debit
  145  cards, or electronic funds transfers in payment for goods and
  146  services with the prior approval of the Chief Financial Officer.
  147  If the Internet or other related electronic methods are to be
  148  used as the collection medium, the Department of Agency for
  149  Enterprise Information Technology shall review and recommend to
  150  the Chief Financial Officer whether to approve the request with
  151  regard to the process or procedure to be used.
  152         (9) For payment programs in which credit cards, charge
  153  cards, or debit cards are accepted by state agencies, the
  154  judicial branch, or units of local government, the Chief
  155  Financial Officer, in consultation with the Department of Agency
  156  for Enterprise Information Technology, may adopt rules to
  157  establish uniform security safeguards for cardholder data and to
  158  ensure compliance with the Payment Card Industry Data Security
  159  Standards.
  160         Section 5. Paragraph (c) of subsection (4) and subsection
  161  (6) of section 216.235, Florida Statutes, are amended to read:
  162         216.235 Innovation Investment Program.—
  163         (4) There is hereby created the State Innovation Committee,
  164  which shall have final approval authority as to which innovative
  165  investment projects submitted under this section shall be
  166  funded. Such committee shall be comprised of seven members.
  167  Appointed members shall serve terms of 1 year and may be
  168  reappointed. The committee shall include:
  169         (c) The executive director of the Department of Agency for
  170  Enterprise Information Technology.
  171         (6) Any agency developing an innovative investment project
  172  proposal that involves information technology resources may
  173  consult with and seek technical assistance from the Agency for
  174  Enterprise Information Technology. The office shall consult with
  175  the Department of Agency for Enterprise Information Technology
  176  concerning any project proposal that involves enterprise
  177  information technology resources. The department Agency for
  178  Enterprise Information Technology shall evaluate the project and
  179  advise the committee and review board of the technical
  180  feasibility and any transferable benefits of the proposed
  181  technology. In addition to the requirements of subsection (5),
  182  the agencies shall provide to the department Agency for
  183  Enterprise Information Technology any information requested by
  184  the department Agency for Enterprise Information Technology to
  185  aid in determining whether the proposed technology is
  186  appropriate for the project’s success.
  187         Section 6. Subsection (4) of section 282.0041, Florida
  188  Statutes, is repealed.
  189         Section 7. Section 282.0055, Florida Statutes, is amended
  190  to read:
  191         282.0055 Assignment of information technology.—In order to
  192  ensure the most effective and efficient use of the state’s
  193  information technology and information technology resources and
  194  notwithstanding other provisions of law to the contrary,
  195  policies for the design, planning, project management, and
  196  implementation of enterprise information technology services
  197  shall be the responsibility of the Department of Agency for
  198  Enterprise Information Technology for executive branch agencies
  199  created or authorized in statute to perform legislatively
  200  delegated functions. The supervision, design, delivery, and
  201  management of agency information technology shall remain within
  202  the responsibility and control of the individual state agency.
  203         Section 8. Section 282.0056, Florida Statutes, is amended
  204  to read:
  205         282.0056 Development of work plan; development of
  206  implementation plans; and policy recommendations.—
  207         (1) For the purposes of carrying out its responsibilities
  208  under s. 282.0055, the Department of Agency for Enterprise
  209  Information Technology shall develop an annual work plan within
  210  60 days after the beginning of the fiscal year describing the
  211  activities that the department agency intends to undertake for
  212  that year, including proposed outcomes and completion
  213  timeframes. The work plan must be presented at a public hearing
  214  that includes the Agency Chief Information Officers Council,
  215  which may review and comment on the plan. The work plan must
  216  thereafter be approved by the Governor and Cabinet and submitted
  217  to the President of the Senate and the Speaker of the House of
  218  Representatives. The work plan may be amended as needed, subject
  219  to approval by the Governor and Cabinet. The work plan must, at
  220  a minimum, include proposals for:
  221         (a) The development of a revised financial management
  222  infrastructure for state government which causes the
  223  reengineering of subsystem components, including, but not
  224  limited to, the legislative appropriations and planning and
  225  budget system, cash management, human resources, a successor
  226  accounting system, and strategic and tactical procurement and
  227  acquisition management;
  228         (b) Creation of successor customer-relationship management
  229  systems, including, but not limited to, professional licensure,
  230  facility licensure, regulatory inspections, and compliance and
  231  monitoring systems; and
  232         (c) Consolidation of all state data centers by January 1,
  233  2014.
  234         (2) The Department of Information Technology agency may
  235  develop and submit to the President of the Senate, the Speaker
  236  of the House of Representatives, and the Governor by October 1
  237  of each year implementation plans for proposed enterprise
  238  information technology services to be established in law.
  239         (3) In developing policy recommendations and implementation
  240  plans for established and proposed enterprise information
  241  technology services, the Department of Information Technology
  242  agency shall describe the scope of operation, conduct costs and
  243  requirements analyses, conduct an inventory of all existing
  244  information technology resources that are associated with each
  245  service, and develop strategies and timeframes for statewide
  246  migration.
  247         (4) For the purpose of completing its work activities, each
  248  state agency shall provide to the Department of Information
  249  Technology agency all requested information, including, but not
  250  limited to, the state agency’s costs, service requirements, and
  251  equipment inventories.
  252         (5) Within 60 days after the end of each fiscal year, the
  253  Department of Information Technology agency shall report to the
  254  Governor and Cabinet, the President of the Senate, and the
  255  Speaker of the House of Representatives on what was achieved or
  256  not achieved in the prior year’s work plan.
  257         Section 9. Subsection (2), paragraphs (a), (b), and (c) of
  258  subsection (3), paragraph (b) and (d) of subsection (4), and
  259  subsection (5) of section 282.201, Florida Statutes, are amended
  260  to read:
  261         282.201 State data center system; agency duties and
  262  limitations.—A state data center system that includes all
  263  primary data centers, other nonprimary data centers, and
  264  computing facilities, and that provides an enterprise
  265  information technology service as defined in s. 282.0041, is
  266  established.
  267         (2) DEPARTMENT OF AGENCY FOR ENTERPRISE INFORMATION
  268  TECHNOLOGY DUTIES.—The department Agency for Enterprise
  269  Information Technology shall:
  270         (a) Collect and maintain information necessary for
  271  developing policies relating to the data center system,
  272  including, but not limited to, an inventory of facilities.
  273         (b) Annually approve cost-recovery mechanisms and rate
  274  structures for primary data centers which recover costs through
  275  charges to customer entities.
  276         (c) By December 31 of each year, submit to the Legislature
  277  recommendations to improve the efficiency and effectiveness of
  278  computing services provided by state data center system
  279  facilities. Such recommendations may include, but need not be
  280  limited to:
  281         1. Policies for improving the cost-effectiveness and
  282  efficiency of the state data center system.
  283         2. Infrastructure improvements supporting the consolidation
  284  of facilities or preempting the need to create additional data
  285  centers or computing facilities.
  286         3. Standards for an objective, credible energy performance
  287  rating system that data center boards of trustees can use to
  288  measure state data center energy consumption and efficiency on a
  289  biannual basis.
  290         4. Uniform disaster recovery standards.
  291         5. Standards for primary data centers providing transparent
  292  financial data to user agencies.
  293         6. Consolidation of contract practices or coordination of
  294  software, hardware, or other technology-related procurements.
  295         7. Improvements to data center governance structures.
  296         (d) By October 1 of each year beginning in 2009, recommend
  297  to the Governor and Legislature at least two nonprimary data
  298  centers for consolidation into a primary data center or
  299  nonprimary data center facility.
  300         1. The consolidation proposal must provide a transition
  301  plan that includes:
  302         a. Estimated transition costs for each data center or
  303  computing facility recommended for consolidation;
  304         b. Detailed timeframes for the complete transition of each
  305  data center or computing facility recommended for consolidation;
  306         c. Proposed recurring and nonrecurring fiscal impacts,
  307  including increased or decreased costs and associated budget
  308  impacts for affected budget entities;
  309         d. Substantive legislative changes necessary to implement
  310  the transition; and
  311         e. Identification of computing resources to be transferred
  312  and those that will remain in the agency. The transfer of
  313  resources must include all hardware, software, staff, contracted
  314  services, and facility resources performing data center
  315  management and operations, security, backup and recovery,
  316  disaster recovery, system administration, database
  317  administration, system programming, job control, production
  318  control, print, storage, technical support, help desk, and
  319  managed services but excluding application development.
  320         2. Recommendations shall be based on the goal of maximizing
  321  current and future cost savings. The department agency shall
  322  consider the following criteria in selecting consolidations that
  323  maximize efficiencies by providing the ability to:
  324         a. Consolidate purchase decisions;
  325         b. Leverage expertise and other resources to gain economies
  326  of scale;
  327         c. Implement state information technology policies more
  328  effectively;
  329         d. Maintain or improve the level of service provision to
  330  customer entities; and
  331         e. Make progress towards the state’s goal of consolidating
  332  data centers and computing facilities into primary data centers.
  333         3. The department agency shall establish workgroups as
  334  necessary to ensure participation by affected agencies in the
  335  development of recommendations related to consolidations.
  336         (e) By December 31, 2010, the department agency shall
  337  develop and submit to the Legislature an overall consolidation
  338  plan for state data centers. The plan shall indicate a timeframe
  339  for the consolidation of all remaining nonprimary data centers
  340  into primary data centers, including existing and proposed
  341  primary data centers, by 2019.
  342         (f) Develop and establish rules relating to the operation
  343  of the state data center system which comply with applicable
  344  federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
  345  The rules may address:
  346         1. Ensuring that financial information is captured and
  347  reported consistently and accurately.
  348         2. Requiring the establishment of service-level agreements
  349  executed between a data center and its customer entities for
  350  services provided.
  351         3. Requiring annual full cost recovery on an equitable
  352  rational basis. The cost-recovery methodology must ensure that
  353  no service is subsidizing another service and may include
  354  adjusting the subsequent year’s rates as a means to recover
  355  deficits or refund surpluses from a prior year.
  356         4. Requiring that any special assessment imposed to fund
  357  expansion is based on a methodology that apportions the
  358  assessment according to the proportional benefit to each
  359  customer entity.
  360         5. Requiring that rebates be given when revenues have
  361  exceeded costs, that rebates be applied to offset charges to
  362  those customer entities that have subsidized the costs of other
  363  customer entities, and that such rebates may be in the form of
  364  credits against future billings.
  365         6. Requiring that all service-level agreements have a
  366  contract term of up to 3 years, but may include an option to
  367  renew for up to 3 additional years contingent on approval by the
  368  board, and require at least a 180-day notice of termination.
  369         7. Designating any nonstate data center as a primary data
  370  center if the center:
  371         a. Has an established governance structure that represents
  372  customer entities proportionally.
  373         b. Maintains an appropriate cost-allocation methodology
  374  that accurately bills a customer entity based on the actual
  375  direct and indirect costs to the customer entity, and prohibits
  376  the subsidization of one customer entity’s costs by another
  377  entity.
  378         c. Has sufficient raised floor space, cooling, and
  379  redundant power capacity, including uninterruptible power supply
  380  and backup power generation, to accommodate the computer
  381  processing platforms and support necessary to host the computing
  382  requirements of additional customer entities.
  383         8. Removing a nonstate data center from primary data center
  384  designation if the nonstate data center fails to meet standards
  385  necessary to ensure that the state’s data is maintained pursuant
  386  to subparagraph 7.
  387         (3) STATE AGENCY DUTIES.—
  388         (a) For the purpose of completing its work activities as
  389  described in subsection (1), each state agency shall provide to
  390  the Department of Agency for Enterprise Information Technology
  391  all requested information and any other information relevant to
  392  the agency’s ability to effectively transition its computer
  393  services into a primary data center. The agency shall also
  394  participate as required in workgroups relating to specific
  395  consolidation planning and implementation tasks as assigned by
  396  the department Agency for Enterprise Information Technology and
  397  determined necessary to accomplish consolidation goals.
  398         (b) Each state agency shall submit to the department Agency
  399  for Enterprise Information Technology information relating to
  400  its data centers and computing facilities as required in
  401  instructions issued by July 1 of each year by the Department of
  402  Agency for Enterprise Information Technology. The information
  403  required may include:
  404         1. Amount of floor space used and available.
  405         2. Numbers and capacities of mainframes and servers.
  406         3. Storage and network capacity.
  407         4. Amount of power used and the available capacity.
  408         5. Estimated expenditures by service area, including
  409  hardware and software, numbers of full-time equivalent
  410  positions, personnel turnover, and position reclassifications.
  411         6. A list of contracts in effect for the fiscal year,
  412  including, but not limited to, contracts for hardware, software
  413  and maintenance, including the expiration date, the contract
  414  parties, and the cost of the contract.
  415         7. Service-level agreements by customer entity.
  416         (c) The chief information officer of each state agency
  417  shall assist the Department of Agency for Enterprise Information
  418  Technology at the department’s request of the Agency for
  419  Enterprise Information Technology.
  420         (4) AGENCY LIMITATIONS.—
  421         (b) Exceptions to the limitations in subparagraphs (a)1.,
  422  2., and 4. may be granted by the Department of Agency for
  423  Enterprise Information Technology if there is insufficient
  424  capacity in a primary data center to absorb the workload
  425  associated with agency computing services.
  426         1. A request for an exception must be submitted in writing
  427  to the Department of Agency for Enterprise Information
  428  Technology. The department agency must accept, accept with
  429  conditions, or deny the request within 60 days after receipt of
  430  the written request. The department’s agency’s decision is not
  431  subject to chapter 120.
  432         2. At a minimum, the department agency may not approve a
  433  request unless it includes:
  434         a. Documentation approved by the primary data center’s
  435  board of trustees which confirms that the center cannot meet the
  436  capacity requirements of the agency requesting the exception
  437  within the current fiscal year.
  438         b. A description of the capacity requirements of the agency
  439  requesting the exception.
  440         c. Documentation from the agency demonstrating why it is
  441  critical to the agency’s mission that the expansion or transfer
  442  must be completed within the fiscal year rather than when
  443  capacity is established at a primary data center.
  444         (d) Upon the termination of or transfer of agency computing
  445  services from the primary data center, the primary data center
  446  shall require information sufficient to determine compliance
  447  with this section. If a primary data center determines that an
  448  agency is in violation of this section, it shall report the
  449  violation to the Department of Agency for Enterprise Information
  450  Technology.
  451         (5) RULES.—The Department of Agency for Enterprise
  452  Information Technology may is authorized to adopt rules pursuant
  453  to ss. 120.536(1) and 120.54 to administer the provisions of
  454  this part relating to the state data center system including the
  455  primary data centers.
  456         Section 10. Paragraphs (c), (d), (h), and (i) of subsection
  457  (1), paragraph (e) of subsection (2), paragraph (b), (e), (h),
  458  and (k) of subsection (3) of section 282.203, Florida Statutes,
  459  are amended to read:
  460         282.203 Primary data centers.—
  461         (1) DATA CENTER DUTIES.—Each primary data center shall:
  462         (c) Comply with rules adopted by the Department of Agency
  463  for Enterprise Information Technology, pursuant to this section,
  464  and coordinate with the agency in the consolidation of data
  465  centers.
  466         (d) Provide transparent financial statements to customer
  467  entities, the center’s board of trustees, and the Department of
  468  Agency for Enterprise Information Technology. The financial
  469  statements shall be provided as follows:
  470         1. Annually, by July 30 for the current fiscal year and by
  471  December 1 for the subsequent fiscal year, the data center must
  472  provide the total annual budgeted costs by major expenditure
  473  category, including, but not limited to, salaries, expense,
  474  operating capital outlay, contracted services, or other
  475  personnel services, which directly relate to the provision of
  476  each service and which separately indicate the administrative
  477  overhead allocated to each service.
  478         2. Annually, by July 30 for the current fiscal year and by
  479  December 1 for the subsequent fiscal year, the data center must
  480  provide total projected billings for each customer entity which
  481  are required to recover the costs of the data center.
  482         3. Annually, by January 31, the data center must provide
  483  updates of the financial statements required under subparagraphs
  484  1. and 2. for the current fiscal year.
  485         4. By February 15, for proposed legislative budget
  486  increases, the data center must provide updates of the financial
  487  statements required under subparagraphs 1. and 2. for the
  488  subsequent fiscal year.
  489  
  490  The financial information required under subparagraphs 1., 2.,
  491  and 3. must be based on current law and current appropriations.
  492         (h) Develop a business continuity plan and conduct a live
  493  exercise of the plan at least annually. The plan must be
  494  approved by the board and the Department of Agency for
  495  Enterprise Information Technology.
  496         (i) Enter into a service-level agreement with each customer
  497  entity to provide services as defined and approved by the board
  498  in compliance with rules of the Department of Agency for
  499  Enterprise Information Technology. A service-level agreement may
  500  not have a term exceeding 3 years but may include an option to
  501  renew for up to 3 years contingent on approval by the board.
  502         1. A service-level agreement, at a minimum, must:
  503         a. Identify the parties and their roles, duties, and
  504  responsibilities under the agreement;
  505         b. Identify the legal authority under which the service
  506  level agreement was negotiated and entered into by the parties;
  507         c. State the duration of the contractual term and specify
  508  the conditions for contract renewal;
  509         d. Prohibit the transfer of computing services between
  510  primary data center facilities without at least 180 days’ notice
  511  of service cancellation;
  512         e. Identify the scope of work;
  513         f. Identify the products or services to be delivered with
  514  sufficient specificity to permit an external financial or
  515  performance audit;
  516         g. Establish the services to be provided, the business
  517  standards that must be met for each service, the cost of each
  518  service, and the process by which the business standards for
  519  each service are to be objectively measured and reported;
  520         h. Identify applicable funds and funding streams for the
  521  services or products under contract;
  522         i. Provide a timely billing methodology for recovering the
  523  cost of services provided to the customer entity;
  524         j. Provide a procedure for modifying the service-level
  525  agreement to address changes in projected costs of service;
  526         k. Provide that a service-level agreement may be terminated
  527  by either party for cause only after giving the other party and
  528  the department Agency for Enterprise Information Technology
  529  notice in writing of the cause for termination and an
  530  opportunity for the other party to resolve the identified cause
  531  within a reasonable period; and
  532         l. Provide for mediation of disputes by the Division of
  533  Administrative Hearings pursuant to s. 120.573.
  534         2. A service-level agreement may include:
  535         a. A dispute resolution mechanism, including alternatives
  536  to administrative or judicial proceedings;
  537         b. The setting of a surety or performance bond for service
  538  level agreements entered into with nonstate agency primary data
  539  centers, which may be designated by the department Agency for
  540  Enterprise Information Technology; or
  541         c. Additional terms and conditions as determined advisable
  542  by the parties if such additional terms and conditions do not
  543  conflict with the requirements of this section or rules adopted
  544  by the department Agency for Enterprise Information Technology.
  545         3. The failure to execute a service-level agreement within
  546  60 days after service commencement shall, in the case of an
  547  existing customer entity, result in a continuation of the terms
  548  of the service-level agreement from the prior fiscal year,
  549  including any amendments that were formally proposed to the
  550  customer entity by the primary data center within the 3 months
  551  before service commencement, and a revised cost-of-service
  552  estimate. If a new customer entity fails to execute an agreement
  553  within 60 days after service commencement, the data center may
  554  cease services.
  555         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  556  headed by a board of trustees as defined in s. 20.03.
  557         (e) The executive director of the Department of Agency for
  558  Enterprise Information Technology shall be the advisor to the
  559  board.
  560         (3) BOARD DUTIES.—Each board of trustees of a primary data
  561  center shall:
  562         (b) Establish procedures for the primary data center to
  563  ensure that budgeting and accounting procedures, cost-recovery
  564  methodologies, and operating procedures are in compliance with
  565  laws governing the state data center system, rules adopted by
  566  the Department of Agency for Enterprise Information Technology,
  567  and applicable federal regulations, including 2 C.F.R. part 225
  568  and 45 C.F.R.
  569         (e) Ensure the sufficiency and transparency of the primary
  570  data center financial information by:
  571         1. Establishing policies that ensure that cost-recovery
  572  methodologies, billings, receivables, expenditure, budgeting,
  573  and accounting data are captured and reported timely,
  574  consistently, accurately, and transparently and, upon adoption
  575  of rules by the Department of Agency for Enterprise Information
  576  Technology, are in compliance with such rules.
  577         2. Requiring execution of service-level agreements by the
  578  data center and each customer entity for services provided by
  579  the data center to the customer entity.
  580         3. Requiring cost recovery for the full cost of services,
  581  including direct and indirect costs. The cost-recovery
  582  methodology must ensure that no service is subsidizing another
  583  service without an affirmative vote of approval by the customer
  584  entity providing the subsidy.
  585         4. Establishing special assessments to fund expansions
  586  based on a methodology that apportions the assessment according
  587  to the proportional benefit to each customer entity.
  588         5. Providing rebates to customer entities when revenues
  589  exceed costs and offsetting charges to those who have subsidized
  590  other customer entity costs based on actual prior year final
  591  expenditures. Rebates may be credited against future billings.
  592         6. Approving all expenditures committing over $50,000 in a
  593  fiscal year.
  594         7. Projecting costs and revenues at the beginning of the
  595  third quarter of each fiscal year through the end of the fiscal
  596  year. If in any given fiscal year the primary data center is
  597  projected to earn revenues that are below costs for that fiscal
  598  year after first reducing operating costs where possible, the
  599  board shall implement any combination of the following remedies
  600  to cover the shortfall:
  601         a. The board may direct the primary data center to adjust
  602  current year chargeback rates through the end of the fiscal year
  603  to cover the shortfall. The rate adjustments shall be
  604  implemented using actual usage rate and billing data from the
  605  first three quarters of the fiscal year and the same principles
  606  used to set rates for the fiscal year.
  607         b. The board may direct the primary data center to levy
  608  one-time charges on all customer entities to cover the
  609  shortfall. The one-time charges shall be implemented using
  610  actual usage rate and billing data from the first three quarters
  611  of the fiscal year and the same principles used to set rates for
  612  the fiscal year.
  613         c. The customer entities represented by each board member
  614  may provide payments to cover the shortfall in proportion to the
  615  amounts each entity paid in the prior fiscal year.
  616         (h) By July 1 of each year, submit to the Department of
  617  Agency for Enterprise Information Technology proposed cost
  618  recovery mechanisms and rate structures for all customer
  619  entities for the fiscal year including the cost-allocation
  620  methodology for administrative expenditures and the calculation
  621  of administrative expenditures as a percent of total costs.
  622         (k) Coordinate with other primary data centers and the
  623  Department of Agency for Enterprise Information Technology in
  624  order to consolidate purchases of goods and services and lower
  625  the cost of providing services to customer entities.
  626         Section 11. Subsection (2) of section 282.204, Florida
  627  Statutes, is amended to read:
  628         282.204 Northwood Shared Resource Center.—The Northwood
  629  Shared Resource Center is an agency established within the
  630  Department of Children and Family Services for administrative
  631  purposes only.
  632         (2) The center shall be headed by a board of trustees as
  633  provided in s. 282.203, who shall comply with all requirements
  634  of that section related to the operation of the center and with
  635  the rules of the Department of Agency for Enterprise Information
  636  Technology related to the design and delivery of enterprise
  637  information technology services.
  638         Section 12. Subsection (2) of section 282.205, Florida
  639  Statutes, is amended to read:
  640         282.205 Southwood Shared Resource Center.—The Southwood
  641  Shared Resource Center is an agency established within the
  642  department for administrative purposes only.
  643         (2) The center shall be headed by a board of trustees as
  644  provided in s. 282.203, who shall comply with all requirements
  645  of that section related to the operation of the center and with
  646  the rules of the Department of Agency for Enterprise Information
  647  Technology related to the design and delivery of enterprise
  648  information technology services.
  649         Section 13. Paragraphs (b) and (e) of subsection (2) of
  650  section 282.3055, Florida Statutes, are amended to read:
  651         282.3055 Agency chief information officer; appointment;
  652  duties.—
  653         (2) The duties of the agency chief information officer
  654  include, but are not limited to:
  655         (b) Implementing agency information technology planning and
  656  management procedures, guidelines, and standards that are
  657  consistent with the procedures and standards adopted by the
  658  Department of Agency for Enterprise Information Technology.
  659         (e) Assisting the Department of Agency for Enterprise
  660  Information Technology in the development of strategies for
  661  implementing the enterprise information technology services
  662  established in law and developing recommendations for enterprise
  663  information technology policy.
  664         Section 14. Subsections (1) and (3) of section 282.315,
  665  Florida Statutes, are amended to read:
  666         282.315 Agency Chief Information Officers Council;
  667  creation.—The Legislature finds that enhancing communication,
  668  consensus building, coordination, and facilitation with respect
  669  to issues concerning enterprise information technology resources
  670  are essential to improving the management of such resources.
  671         (1) There is created an Agency Chief Information Officers
  672  Council to:
  673         (a) Enhance communication and collaboration among the
  674  Agency Chief Information Officers and the Department of Agency
  675  for Enterprise Information Technology.
  676         (b) Identify and recommend best practices that are
  677  characteristic of highly successful technology organizations, as
  678  well as exemplary information technology applications for use by
  679  state agencies, and assist the Department of Agency for
  680  Enterprise Information Technology in developing strategies for
  681  implementing the enterprise information technology services
  682  established in law and developing recommendations for enterprise
  683  information technology policy.
  684         (c) Identify efficiency opportunities among state agencies
  685  and make recommendations for action to the Department of Agency
  686  for Enterprise Information Technology. This includes
  687  recommendations relating to the consolidation of agency data
  688  center and computing facilities, including operational policies,
  689  procedures and standards for the consolidated facilities, and
  690  procedures and standards for planning the migration to
  691  consolidated facilities.
  692         (d) Assist the Department of Agency for Enterprise
  693  Information Technology in identifying critical enterprise
  694  information technology issues and, when appropriate, make
  695  recommendations for solving enterprise resource planning and
  696  management deficiencies.
  697         (e) Annually, by October 1, identify information technology
  698  products, as defined in s. 282.0041, which, if purchased in a
  699  consolidated manner, would result in savings to the state, and
  700  develop recommendations regarding a process for consolidating
  701  such purchases. The council shall transmit its recommendations
  702  to the Department of Agency for Enterprise Information
  703  Technology.
  704         (3) The Department of Agency for Enterprise Information
  705  Technology shall provide administrative support to the council.
  706         Section 15. Subsection (3), paragraph (c), (d), and (f) of
  707  subsection (4), subsection (6), and subsection (7) of section
  708  282.318, Florida Statutes, are amended to read:
  709         282.318 Enterprise security of data and information
  710  technology.—
  711         (3) The Office of Information Security within the
  712  Department of Agency for Enterprise Information Technology is
  713  responsible for establishing rules and publishing guidelines for
  714  ensuring an appropriate level of security for all data and
  715  information technology resources for executive branch agencies.
  716  The office shall also perform the following duties and
  717  responsibilities:
  718         (a) Develop, and annually update by February 1, an
  719  enterprise information security strategic plan that includes
  720  security goals and objectives for the strategic issues of
  721  information security policy, risk management, training, incident
  722  management, and survivability planning.
  723         (b) Develop enterprise security rules and published
  724  guidelines for:
  725         1. Comprehensive risk analyses and information security
  726  audits conducted by state agencies.
  727         2. Responding to suspected or confirmed information
  728  security incidents, including suspected or confirmed breaches of
  729  personal information or exempt data.
  730         3. Agency security plans, including strategic security
  731  plans and security program plans.
  732         4. The recovery of information technology and data
  733  following a disaster.
  734         5. The managerial, operational, and technical safeguards
  735  for protecting state government data and information technology
  736  resources.
  737         (c) Assist agencies in complying with the provisions of
  738  this section.
  739         (d) Pursue appropriate funding for the purpose of enhancing
  740  domestic security.
  741         (e) Provide training for agency information security
  742  managers.
  743         (f) Annually review the strategic and operational
  744  information security plans of executive branch agencies.
  745         (4) To assist the Office of Information Security in
  746  carrying out its responsibilities, each agency head shall, at a
  747  minimum:
  748         (c) Conduct, and update every 3 years, a comprehensive risk
  749  analysis to determine the security threats to the data,
  750  information, and information technology resources of the agency.
  751  The risk analysis information is confidential and exempt from
  752  the provisions of s. 119.07(1), except that such information
  753  shall be available to the Auditor General and the Department of
  754  Agency for Enterprise Information Technology for performing
  755  postauditing duties.
  756         (d) Develop, and periodically update, written internal
  757  policies and procedures, which include procedures for notifying
  758  the office when a suspected or confirmed breach, or an
  759  information security incident, occurs. Such policies and
  760  procedures must be consistent with the rules and guidelines
  761  established by the office to ensure the security of the data,
  762  information, and information technology resources of the agency.
  763  The internal policies and procedures that, if disclosed, could
  764  facilitate the unauthorized modification, disclosure, or
  765  destruction of data or information technology resources are
  766  confidential information and exempt from s. 119.07(1), except
  767  that such information shall be available to the Auditor General
  768  and the Department of Agency for Enterprise Information
  769  Technology for performing postauditing duties.
  770         (f) Ensure that periodic internal audits and evaluations of
  771  the agency’s security program for the data, information, and
  772  information technology resources of the agency are conducted.
  773  The results of such audits and evaluations are confidential
  774  information and exempt from s. 119.07(1), except that such
  775  information shall be available to the Auditor General and the
  776  Department of Agency for Enterprise Information Technology for
  777  performing postauditing duties.
  778         (6) The Department of Agency for Enterprise Information
  779  Technology may adopt rules relating to information security and
  780  to administer the provisions of this section.
  781         (7) By December 31, 2010, the Agency for Enterprise
  782  Information Technology shall develop, and submit to the
  783  Governor, the President of the Senate, and the Speaker of the
  784  House of Representatives a proposed implementation plan for
  785  information technology security. The agency shall describe the
  786  scope of operation, conduct costs and requirements analyses,
  787  conduct an inventory of all existing security information
  788  technology resources, and develop strategies, timeframes, and
  789  resources necessary for statewide migration.
  790         Section 16. Subsections (1) through (3) of section 282.33,
  791  Florida Statutes, are amended to read:
  792         282.33 Objective standards for data center energy
  793  efficiency.—
  794         (1) By July 1, 2009, The Department of Agency for
  795  Enterprise Information Technology shall define objective
  796  standards for:
  797         (a) Measuring data center energy consumption and
  798  efficiency, including, but not limited to, airflow and cooling,
  799  power consumption and distribution, and environmental control
  800  systems in a data center facility.
  801         (b) Calculating total cost of ownership of energy-efficient
  802  information technology products, including initial purchase,
  803  installation, ongoing operation and maintenance, and disposal
  804  costs over the life cycle of the product.
  805         (2) State shared resource data centers and other data
  806  centers that the Department of Agency for Enterprise Information
  807  Technology has determined will be recipients for consolidating
  808  data centers, which are designated by the department Agency for
  809  Enterprise Information Technology, shall evaluate their data
  810  center facilities for energy efficiency using the standards
  811  established in this section.
  812         (a) Results of these evaluations shall be reported to the
  813  department Agency for Enterprise Information Technology, the
  814  President of the Senate, and the Speaker of the House of
  815  Representatives. Reports shall enable the tracking of energy
  816  performance over time and comparisons between facilities.
  817         (b) By December 31, 2010, and biennially thereafter, the
  818  department Agency for Enterprise Information Technology shall
  819  submit to the Legislature recommendations for reducing energy
  820  consumption and improving the energy efficiency of state primary
  821  data centers.
  822         (3) The primary means of achieving maximum energy savings
  823  across all state data centers and computing facilities shall be
  824  the consolidation of data centers and computing facilities as
  825  determined by the Department of Agency for Enterprise
  826  Information Technology. State data centers and computing
  827  facilities in the state data center system shall be established
  828  as an enterprise information technology service as defined in s.
  829  282.0041. The department Agency for Enterprise Information
  830  Technology shall make recommendations on consolidating state
  831  data centers and computing facilities, pursuant to s. 282.0056,
  832  by December 31, 2009.
  833         Section 17. Subsection (2) through (5), (7), and (9)
  834  through (11) of section 282.34, Florida Statutes, are amended to
  835  read:
  836         282.34 Statewide e-mail service.—A state e-mail system that
  837  includes the delivery and support of e-mail, messaging, and
  838  calendaring capabilities is established as an enterprise
  839  information technology service as defined in s. 282.0041. The
  840  service shall be designed to meet the needs of all executive
  841  branch agencies. The primary goals of the service are to
  842  minimize the state investment required to establish, operate,
  843  and support the statewide service; reduce the cost of current e
  844  mail operations and the number of duplicative e-mail systems;
  845  and eliminate the need for each state agency to maintain its own
  846  e-mail staff.
  847         (2) The Department of Agency for Enterprise Information
  848  Technology, in consultation with the Southwood Shared Resource
  849  Center, shall establish and coordinate a multiagency project
  850  team to develop a competitive solicitation for establishing the
  851  statewide e-mail service.
  852         (a) The Southwood Shared Resource Center shall issue the
  853  competitive solicitation by August 31, 2010, with vendor
  854  responses required by October 15, 2010. Issuance of the
  855  competitive solicitation does not obligate the agency and the
  856  center to conduct further negotiations or to execute a contract.
  857  The decision to conduct or conclude negotiations, or execute a
  858  contract, must be made solely at the discretion of the agency.
  859         (b) The competitive solicitation must include detailed
  860  specifications describing:
  861         1. The current e-mail approach for state agencies and the
  862  specific business objectives met by the present system.
  863         2. The minimum functional requirements necessary for
  864  successful statewide implementation and the responsibilities of
  865  the prospective service provider and the agency.
  866         3. The form and required content for submitted proposals,
  867  including, but not limited to, a description of the proposed
  868  system and its internal and external sourcing options, a 5-year
  869  life-cycle-based pricing based on cost per mailbox per month,
  870  and a decommissioning approach for current e-mail systems; an
  871  implementation schedule and implementation services; a
  872  description of e-mail account management, help desk, technical
  873  support, and user provisioning services; disaster recovery and
  874  backup and restore capabilities; antispam and antivirus
  875  capabilities; remote access and mobile messaging capabilities;
  876  and staffing requirements.
  877         (c) Other optional requirements specifications may be
  878  included in the competitive solicitation if not in conflict with
  879  the primary goals of the statewide e-mail service.
  880         (d) The competitive solicitation must permit alternative
  881  financial and operational models to be proposed, including, but
  882  not limited to:
  883         1. Leasing or usage-based subscription fees;
  884         2. Installing and operating the e-mail service within the
  885  Southwood Shared Resource Center or in a data center operated by
  886  an external service provider; or
  887         3. Provisioning the e-mail service as an Internet-based
  888  offering provided to state agencies. Specifications for proposed
  889  models must be optimized to meet the primary goals of the e-mail
  890  service.
  891         (3) By December 31, 2010, or within 1 month after
  892  negotiations are complete, whichever is later, the multiagency
  893  project team and the Department of Agency for Enterprise
  894  Information Technology shall prepare a business case analysis
  895  containing its recommendations for procuring the statewide e
  896  mail service for submission to the Governor and Cabinet, the
  897  President of the Senate, and the Speaker of the House of
  898  Representatives. The business case is not subject to challenge
  899  or protest pursuant to chapter 120. The business case must
  900  include, at a minimum:
  901         (a) An assessment of the major risks that must be managed
  902  for each proposal compared to the risks for the current state
  903  agency e-mail system and the major benefits that are associated
  904  with each.
  905         (b) A cost-benefit analysis that estimates all major cost
  906  elements associated with each sourcing option, focusing on the
  907  nonrecurring and recurring life-cycle costs of each option. The
  908  analysis must include a comparison of the estimated total 5-year
  909  life-cycle cost of the current agency e-mail systems versus each
  910  enterprise e-mail sourcing option in order to determine the
  911  feasibility of funding the migration and operation of the
  912  statewide e-mail service and the overall level of savings that
  913  can be expected. The 5-year life-cycle costs for each state
  914  agency must include, but are not limited to:
  915         1. The total recurring operating costs of the current
  916  agency e-mail systems, including monthly mailbox costs,
  917  staffing, licensing and maintenance costs, hardware, and other
  918  related e-mail product and service costs.
  919         2. An estimate of nonrecurring hardware and software
  920  refresh, upgrade, or replacement costs based on the expected 5
  921  year obsolescence of current e-mail software products and
  922  equipment through the 2014 fiscal year, and the basis for the
  923  estimate.
  924         3. An estimate of recurring costs associated with the
  925  energy consumption of current agency e-mail equipment, and the
  926  basis for the estimate.
  927         4. Any other critical costs associated with the current
  928  agency e-mail systems which can reasonably be estimated and
  929  included in the business case analysis.
  930         (c) A comparison of the migrating schedules of each
  931  sourcing option to the statewide e-mail service, including the
  932  approach and schedule for the decommissioning of all current
  933  state agency e-mail systems beginning with phase 1 and phase 2
  934  as provided in subsection (4).
  935         (4) All agencies must be completely migrated to the
  936  statewide e-mail service as soon as financially and
  937  operationally feasible, but no later than June 30, 2015.
  938         (a) The following statewide e-mail service implementation
  939  schedule is established for state agencies:
  940         1. Phase 1.—The following agencies must be completely
  941  migrated to the statewide e-mail system by June 30, 2012: the
  942  Department of Agency for Enterprise Information Technology; the
  943  Department of Community Affairs, including the Division of
  944  Emergency Management; the Department of Corrections; the
  945  Department of Health; the Department of Highway Safety and Motor
  946  Vehicles; the Department of Management Services, including the
  947  Division of Administrative Hearings, the Division of Retirement,
  948  the Commission on Human Relations, and the Public Employees
  949  Relations Commission; the Southwood Shared Resource Center; and
  950  the Department of Revenue.
  951         2. Phase 2.—The following agencies must be completely
  952  migrated to the statewide e-mail system by June 30, 2013: the
  953  Department of Business and Professional Regulation; the
  954  Department of Education, including the Board of Governors; the
  955  Department of Environmental Protection; the Department of
  956  Juvenile Justice; the Department of the Lottery; the Department
  957  of State; the Department of Law Enforcement; the Department of
  958  Veterans’ Affairs; the Judicial Administration Commission; the
  959  Public Service Commission; and the Statewide Guardian Ad Litem
  960  Office.
  961         3. Phase 3.—The following agencies must be completely
  962  migrated to the statewide e-mail system by June 30, 2014: the
  963  Agency for Health Care Administration; the Agency for Workforce
  964  Innovation; the Department of Financial Services, including the
  965  Office of Financial Regulation and the Office of Insurance
  966  Regulation; the Department of Agriculture and Consumer Services;
  967  the Executive Office of the Governor; the Department of
  968  Transportation; the Fish and Wildlife Conservation Commission;
  969  the Agency for Persons With Disabilities; the Northwood Shared
  970  Resource Center; and the State Board of Administration.
  971         4. Phase 4.—The following agencies must be completely
  972  migrated to the statewide e-mail system by June 30, 2015: the
  973  Department of Children and Family Services; the Department of
  974  Citrus; the Department of Elderly Affairs; and the Department of
  975  Legal Affairs.
  976         (b) Agency requests to modify their scheduled implementing
  977  date must be submitted in writing to the Department of Agency
  978  for Enterprise Information Technology. Any exceptions or
  979  modifications to the schedule must be approved by the Department
  980  of Agency for Enterprise Information Technology based only on
  981  the following criteria:
  982         1. Avoiding nonessential investment in agency e-mail
  983  hardware or software refresh, upgrade, or replacement.
  984         2. Avoiding nonessential investment in new software or
  985  hardware licensing agreements, maintenance or support
  986  agreements, or e-mail staffing for current e-mail systems.
  987         3. Resolving known agency e-mail problems through migration
  988  to the statewide e-mail service.
  989         4. Accommodating unique agency circumstances that require
  990  an acceleration or delay of the implementation date.
  991         (5) In order to develop the implementation plan for the
  992  statewide e-mail service, the Department of Agency for
  993  Enterprise Information Technology shall establish and coordinate
  994  a statewide e-mail project team. The agency shall also consult
  995  with and, as necessary, form workgroups consisting of agency e
  996  mail management staff, agency chief information officers, agency
  997  budget directors, and other administrative staff. The statewide
  998  e-mail implementation plan must be submitted to the Governor,
  999  the President of the Senate, and the Speaker of the House of
 1000  Representatives by July 1, 2011.
 1001         (7) Exceptions to paragraphs (6)(a), (b), and (c) may be
 1002  granted by the Department of Agency for Enterprise Information
 1003  Technology only if the Southwood Shared Resource Center is
 1004  unable to meet agency business requirements for the e-mail
 1005  service, and if such requirements are essential to maintain
 1006  agency operations. Requests for exceptions must be submitted in
 1007  writing to the Agency for Enterprise Information Technology and
 1008  include documented confirmation by the Southwood Shared Resource
 1009  Center board of trustees that it cannot meet the requesting
 1010  agency’s e-mail service requirements.
 1011         (9) The Department of Agency for Enterprise Information
 1012  Technology shall adopt rules to standardize the format for state
 1013  agency e-mail addresses.
 1014         (10) State agencies must fully cooperate with the
 1015  Department of Agency for Enterprise Information Technology in
 1016  the performance of its responsibilities established in this
 1017  section.
 1018         (11) The Department of Agency for Enterprise Information
 1019  Technology shall recommend changes to an agency’s scheduled date
 1020  for migration to the statewide e-mail service pursuant to this
 1021  section, annually by December 31, until migration to the
 1022  statewide service is complete.
 1023         Section 18. Subsection (22) of section 287.057, Florida
 1024  Statutes, is amended to read:
 1025         287.057 Procurement of commodities or contractual
 1026  services.—
 1027         (22) The department, in consultation with the Department of
 1028  Agency for Enterprise Information Technology and the
 1029  Comptroller, shall develop a program for online procurement of
 1030  commodities and contractual services. To enable the state to
 1031  promote open competition and to leverage its buying power,
 1032  agencies shall participate in the online procurement program,
 1033  and eligible users may participate in the program. Only vendors
 1034  prequalified as meeting mandatory requirements and
 1035  qualifications criteria may participate in online procurement.
 1036         (a) The department, in consultation with the Department of
 1037  Information Technology agency, may contract for equipment and
 1038  services necessary to develop and implement online procurement.
 1039         (b) The department, in consultation with the Department of
 1040  Information Technology agency, shall adopt rules, pursuant to
 1041  ss. 120.536(1) and 120.54, to administer the program for online
 1042  procurement. The rules shall include, but not be limited to:
 1043         1. Determining the requirements and qualification criteria
 1044  for prequalifying vendors.
 1045         2. Establishing the procedures for conducting online
 1046  procurement.
 1047         3. Establishing the criteria for eligible commodities and
 1048  contractual services.
 1049         4. Establishing the procedures for providing access to
 1050  online procurement.
 1051         5. Determining the criteria warranting any exceptions to
 1052  participation in the online procurement program.
 1053         (c) The department may impose and shall collect all fees
 1054  for the use of the online procurement systems.
 1055         1. The fees may be imposed on an individual transaction
 1056  basis or as a fixed percentage of the cost savings generated. At
 1057  a minimum, the fees must be set in an amount sufficient to cover
 1058  the projected costs of the services, including administrative
 1059  and project service costs in accordance with the policies of the
 1060  department.
 1061         2. If the department contracts with a provider for online
 1062  procurement, the department, pursuant to appropriation, shall
 1063  compensate the provider from the fees after the department has
 1064  satisfied all ongoing costs. The provider shall report
 1065  transaction data to the department each month so that the
 1066  department may determine the amount due and payable to the
 1067  department from each vendor.
 1068         3. All fees that are due and payable to the state on a
 1069  transactional basis or as a fixed percentage of the cost savings
 1070  generated are subject to s. 215.31 and must be remitted within
 1071  40 days after receipt of payment for which the fees are due. For
 1072  fees that are not remitted within 40 days, the vendor shall pay
 1073  interest at the rate established under s. 55.03(1) on the unpaid
 1074  balance from the expiration of the 40-day period until the fees
 1075  are remitted.
 1076         4. All fees and surcharges collected under this paragraph
 1077  shall be deposited in the Operating Trust Fund as provided by
 1078  law.
 1079         Section 19. Subsection (4) of section 445.011, Florida
 1080  Statutes, is amended to read:
 1081         445.011 Workforce information systems.—
 1082         (4) Workforce Florida, Inc., shall coordinate development
 1083  and implementation of workforce information systems with the
 1084  executive director of the Department of Agency for Enterprise
 1085  Information Technology to ensure compatibility with the state’s
 1086  information system strategy and enterprise architecture.
 1087         Section 20. Subsections (2) and (4) of section 445.045,
 1088  Florida Statutes, are amended to read:
 1089         445.045 Development of an Internet-based system for
 1090  information technology industry promotion and workforce
 1091  recruitment.—
 1092         (2) Workforce Florida, Inc., shall coordinate with the
 1093  Department of Agency for Enterprise Information Technology and
 1094  the Agency for Workforce Innovation to ensure links, where
 1095  feasible and appropriate, to existing job information websites
 1096  maintained by the state and state agencies and to ensure that
 1097  information technology positions offered by the state and state
 1098  agencies are posted on the information technology website.
 1099         (4)(a) Workforce Florida, Inc., shall coordinate
 1100  development and maintenance of the website under this section
 1101  with the executive director of the Department of Agency for
 1102  Enterprise Information Technology to ensure compatibility with
 1103  the state’s information system strategy and enterprise
 1104  architecture.
 1105         (a)(b) Workforce Florida, Inc., may enter into an agreement
 1106  with the Department of Agency for Enterprise Information
 1107  Technology, the Agency for Workforce Innovation, or any other
 1108  public agency with the requisite information technology
 1109  expertise for the provision of design, operating, or other
 1110  technological services necessary to develop and maintain the
 1111  website.
 1112         (b)(c) Workforce Florida, Inc., may procure services
 1113  necessary to implement the provisions of this section, if it
 1114  employs competitive processes, including requests for proposals,
 1115  competitive negotiation, and other competitive processes to
 1116  ensure that the procurement results in the most cost-effective
 1117  investment of state funds.
 1118         Section 21. Paragraph (b) of subsection (18) of section
 1119  668.50, Florida Statutes, is amended to read:
 1120         668.50 Uniform Electronic Transaction Act.—
 1121         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1122  GOVERNMENTAL AGENCIES.—
 1123         (b) To the extent that a governmental agency uses
 1124  electronic records and electronic signatures under paragraph
 1125  (a), the Department of Agency for Enterprise Information
 1126  Technology, in consultation with the governmental agency, giving
 1127  due consideration to security, may specify:
 1128         1. The manner and format in which the electronic records
 1129  must be created, generated, sent, communicated, received, and
 1130  stored and the systems established for those purposes.
 1131         2. If electronic records must be signed by electronic
 1132  means, the type of electronic signature required, the manner and
 1133  format in which the electronic signature must be affixed to the
 1134  electronic record, and the identity of, or criteria that must be
 1135  met by, any third party used by a person filing a document to
 1136  facilitate the process.
 1137         3. Control processes and procedures as appropriate to
 1138  ensure adequate preservation, disposition, integrity, security,
 1139  confidentiality, and auditability of electronic records.
 1140         4. Any other required attributes for electronic records
 1141  which are specified for corresponding nonelectronic records or
 1142  reasonably necessary under the circumstances.
 1143         Section 22. During the 2011-2012 fiscal year, the
 1144  Department of Information Technology shall coordinate with all
 1145  state agencies to identify each state agency’s total number of
 1146  positions and resources related to information technology.
 1147  Agencies must submit the information to the department by August
 1148  1, 2011. By September 1, 2011, the department shall submit a
 1149  plan to the Executive Office of the Governor, the President of
 1150  the Senate, and the Speaker of the House of Representatives for
 1151  transferring to the department all information technology
 1152  operations. Such information shall be included in each agency’s
 1153  legislative budget request for the 2012-2013 fiscal year as a
 1154  transfer to the Department of Information Technology. This
 1155  section expires July 1, 2012.
 1156         Section 23. The Department of Information Technology is
 1157  established effective July 1, 2012. On that date, the Agency for
 1158  Enterprise Information Technology is transferred from the
 1159  Executive Office of the Governor to the Department of
 1160  Information Technology by a type two transfer, as defined in s.
 1161  20.06(1), Florida Statutes.
 1162         Section 24. This act shall take effect July 1, 2011.
 1163  
 1164  ================= T I T L E  A M E N D M E N T ================
 1165         And the title is amended as follows:
 1166         Delete everything before the enacting clause
 1167  and insert:
 1168                        A bill to be entitled                      
 1169         An act relating to the Agency for Enterprise
 1170         Information Technology; transferring, renumbering, and
 1171         amending s. 14.204, F.S.; renaming the agency the
 1172         Department of Information Technology; establishing
 1173         divisions within the department; amending ss. 17.0315,
 1174         110.205, 215.322, and 216.235, F.S.; conforming
 1175         provisions to changes made by the act; repealing s.
 1176         282.0041, F.S., to delete reference to the agency;
 1177         amending s. 282.0055, F.S.; conforming provisions to
 1178         changes made by the act; amending s. 282.0056, F.S.;
 1179         specifying proposals that must be included in the
 1180         department’s annual work plan; amending ss. 282.201,
 1181         282.203, 282.204, 282.205, 282.3055, 282.315, 282.318,
 1182         282.33, 282.34, 287.057, 445.011, 445.045, and 668.50,
 1183         F.S.; conforming provisions to changes made by the
 1184         act; requiring the department and state agencies to
 1185         identify all positions and resources related to
 1186         information technology by a certain date; requiring
 1187         the department to submit a plan to the Governor and
 1188         Legislature transferring all information technology
 1189         operations to the department; transferring the agency
 1190         from the Executive Office of the Governor to the
 1191         department by a type two transfer; providing an
 1192         effective date.