Florida Senate - 2014                                     SB 928
       
       
        
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       
       585-01669-14                                           2014928__
    1                        A bill to be entitled                      
    2         An act relating to state technology; repealing s.
    3         14.204, F.S., relating to the Agency for Enterprise
    4         Information Technology within the Executive Office of
    5         the Governor; creating s. 20.61, F.S.; creating the
    6         Agency for State Technology within the Department of
    7         Management Services; providing for an executive
    8         director and other permanent positions; creating a
    9         Technology Advisory Council and providing for
   10         membership; amending s. 282.0041, F.S.; revising and
   11         defining terms used in the Enterprise Information
   12         Technology Services Management Act; creating s.
   13         282.0051, F.S.; providing the powers, duties, and
   14         functions of the Agency for State Technology;
   15         authorizing the agency to adopt rules; providing
   16         exceptions for certain departments; repealing s.
   17         282.0055, F.S., relating to the assignment of
   18         information technology resource and service
   19         responsibilities; repealing s. 282.0056, F.S.,
   20         relating to the development of an annual work plan,
   21         the development of implementation plans, and policy
   22         recommendations relating to enterprise information
   23         technology services; amending s. 282.201, F.S.;
   24         providing for a state data center and the duties of
   25         the center; deleting duties for the Agency for
   26         Enterprise Information Technology; revising the
   27         schedule for consolidating agency data centers and
   28         deleting obsolete provisions; revising the limitations
   29         on state agencies; repealing s. 282.203, F.S.,
   30         relating to primary data centers; repealing s.
   31         282.204, F.S., relating to the Northwood Shared
   32         Resource Center; repealing s. 282.205, F.S., relating
   33         to the Southwood Shared Resource Center; amending s.
   34         282.318, F.S.; conforming provisions to changes made
   35         by the act; revising the duties of the state agencies
   36         with respect to information technology security;
   37         repealing s. 282.33, F.S., relating to objective
   38         standards for data center energy efficiency; repealing
   39         s. 282.34, F.S., relating to statewide e-mail service;
   40         amending ss. 17.0315, 20.055, 110.205, 215.322, and
   41         215.96, F.S.; conforming provisions to changes made by
   42         the act; amending s. 216.023, F.S.; requiring the
   43         governance structure of information technology
   44         projects to incorporate certain standards; amending s.
   45         287.057, F.S.; requiring the Department of Management
   46         Services to consult with the agency with respect to
   47         the online procurement of commodities; amending ss.
   48         445.011, 445.045, and 668.50, F.S.; conforming
   49         provisions to changes made by the act; amending s.
   50         943.0415, F.S.; providing additional duties for the
   51         Cybercrime Office in the Department of Law Enforcement
   52         relating to cyber security; requiring the office to
   53         provide cyber security training to state agency
   54         employees; requiring the office to consult with the
   55         agency; amending s. 1004.649, F.S.; revising
   56         provisions relating to the Northwest Regional Data
   57         Center; revising the center’s duties and the content
   58         of service-level agreements with state agency
   59         customers; transferring the components of the Agency
   60         for Enterprise Information Technology to the Agency
   61         for State Technology; providing that certain rules
   62         adopted by the Agency for Enterprise Information
   63         Technology are nullified; transferring the Northwood
   64         Shared Resource Center and the Southwood Shared
   65         Resource Center to the Agency for State Technology;
   66         requiring the Agency for State Technology to complete
   67         a feasibility study relating to managing state
   68         government data; specifying the components of the
   69         study; requiring the study to be submitted to the
   70         Governor and Legislature by a certain date; creating
   71         the State Data Center Task Force; specifying the
   72         membership and purpose of the task force; providing
   73         for expiration; providing an appropriation; providing
   74         effective dates.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 14.204, Florida Statutes, is repealed.
   79         Section 2. Section 20.61, Florida Statutes, is created to
   80  read:
   81         20.61 Agency for State Technology.—The Agency for State
   82  Technology is created within the Department of Management
   83  Services.
   84         (1) The agency is a separate budget entity and is not
   85  subject to control, supervision, or direction by the department,
   86  including, but not limited to, purchasing, transactions
   87  involving real or personal property, personnel, or budgetary
   88  matters.
   89         (2) The agency shall be headed by an executive director
   90  appointed by the Governor and subject to the confirmation of the
   91  Senate. The executive director shall be the State Chief
   92  Information Officer.
   93         (a) The executive director must be a proven, effective
   94  administrator who preferably has executive-level experience in
   95  both the public and private sectors.
   96         (b) The Governor shall conduct a thorough search to find
   97  the most qualified candidate and in conducting such a search,
   98  the Governor shall place emphasis on the development and
   99  implementation of information technology strategic planning;
  100  management of enterprise information technology projects,
  101  particularly management of large-scale consolidation projects;
  102  and development and implementation of fiscal and substantive
  103  information technology policy.
  104         (3) The following positions are established within the
  105  agency, all of which shall be appointed by the executive
  106  director:
  107         (a) A Deputy State Chief Information Officer.
  108         (b) A Chief Planning Officer and six Strategic Planning
  109  Coordinators with one coordinator assigned to each of the
  110  following major program areas: health and human services,
  111  education, government operations, criminal and civil justice,
  112  agriculture and natural resources, and transportation and
  113  economic development.
  114         (c) A Chief Operations Officer.
  115         (d) A Chief Information Security Officer.
  116         (e) A Chief Technology Officer.
  117         (4) The Technology Advisory Council, consisting of seven
  118  members, is established and shall be maintained within the
  119  agency pursuant to s. 20.052. Four members, two of whom must be
  120  from the private sector, shall be appointed by the Governor; one
  121  member shall be appointed by the Cabinet; and one member each
  122  shall be appointed by the President of the Senate and the
  123  Speaker of the House of Representatives. Upon initial
  124  establishment of the council, two of the Governor’s appointments
  125  shall be for 2-year terms. Thereafter all appointments shall be
  126  for 4-year terms.
  127         (a) The council shall consider and make recommendations to
  128  the executive director of the agency on such matters as
  129  enterprise information technology policies, standards, services,
  130  and architecture.
  131         (b) The executive director of the agency shall consult with
  132  the council with regard to executing the duties and
  133  responsibilities of the agency related to statewide information
  134  technology strategic planning and policy.
  135         (c) The council shall be governed by the code of ethics for
  136  public officers and employees as set forth in part III of
  137  chapter 112 and each member must file a statement of financial
  138  interests pursuant to s. 112.3145.
  139         Section 3. Section 282.0041, Florida Statutes, is amended
  140  to read:
  141         282.0041 Definitions.—As used in this chapter, the term:
  142         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  143  except that for purposes of this chapter, “agency” does not
  144  include university boards of trustees or state universities.
  145         (2) “Agency for Enterprise Information Technology” means
  146  the agency created in s. 14.204.
  147         (3) “Agency information technology service” means a service
  148  that directly helps an agency fulfill its statutory or
  149  constitutional responsibilities and policy objectives and is
  150  usually associated with the agency’s primary or core business
  151  functions.
  152         (4) “Annual budget meeting” means a meeting of the board of
  153  trustees of a primary data center to review data center usage to
  154  determine the apportionment of board members for the following
  155  fiscal year, review rates for each service provided, and
  156  determine any other required changes.
  157         (1)(5) “Breach” has the same meaning as in s. 817.5681(4).
  158         (2)(6) “Business continuity plan” means a collection of
  159  procedures and information used to maintain an agency’s critical
  160  operations during a period of displacement or interruption of
  161  normal operations plan for disaster recovery which provides for
  162  the continued functioning of a primary data center during and
  163  after a disaster.
  164         (3)(7) “Computing facility” means agency space containing
  165  fewer than a total of 10 physical or logical servers, any of
  166  which supports a strategic or nonstrategic information
  167  technology service, as described in budget instructions
  168  developed pursuant to s. 216.023, but excluding single, logical
  169  server installations that exclusively perform a utility function
  170  such as file and print servers.
  171         (4)(8) “Customer entity” means an entity that obtains
  172  services from a state primary data center.
  173         (5)(9) “Data center” means agency space containing 10 or
  174  more physical or logical servers any of which supports a
  175  strategic or nonstrategic information technology service, as
  176  described in budget instructions developed pursuant to s.
  177  216.023.
  178         (6)(10) “Department” means the Department of Management
  179  Services.
  180         (7) “Disaster recovery” means the processes, policies,
  181  procedures, and infrastructure that relate to preparing for and
  182  implementing recovery or continuation of an organization’s vital
  183  technology infrastructure after a natural or human–induced
  184  disaster.
  185         (8)(11) “Enterprise information technology service” means
  186  an information technology service that is used in all agencies
  187  or a subset of agencies and is established in law to be
  188  designed, delivered, and managed at the enterprise level.
  189         (12) “E-mail, messaging, and calendaring service” means the
  190  enterprise information technology service that enables users to
  191  send, receive, file, store, manage, and retrieve electronic
  192  messages, attachments, appointments, and addresses. The e-mail,
  193  messaging, and calendaring service must include e-mail account
  194  management; help desk; technical support and user provisioning
  195  services; disaster recovery and backup and restore capabilities;
  196  antispam and antivirus capabilities; archiving and e-discovery;
  197  and remote access and mobile messaging capabilities.
  198         (9) “Event” means an observable occurrence in a system or
  199  network.
  200         (10) “Incident” means a violation or imminent threat of
  201  violation of computer security policies, acceptable use
  202  policies, or standard security practices. An imminent threat of
  203  violation exists when a state agency has a factual basis for
  204  believing that a specific incident is about to occur.
  205         (13) “Information-system utility” means a full-service
  206  information-processing facility offering hardware, software,
  207  operations, integration, networking, and consulting services.
  208         (11)(14) “Information technology” means equipment,
  209  hardware, software, firmware, programs, systems, networks,
  210  infrastructure, media, and related material used to
  211  automatically, electronically, and wirelessly collect, receive,
  212  access, transmit, display, store, record, retrieve, analyze,
  213  evaluate, process, classify, manipulate, manage, assimilate,
  214  control, communicate, exchange, convert, converge, interface,
  215  switch, or disseminate information of any kind or form.
  216         (12)(15) “Information technology policy” means a specific
  217  course or method of action selected from among alternatives that
  218  guide and determine present and future decisions statements that
  219  describe clear choices for how information technology will
  220  deliver effective and efficient government services to residents
  221  and improve state agency operations. A policy may relate to
  222  investments, business applications, architecture, or
  223  infrastructure. A policy describes its rationale, implications
  224  of compliance or noncompliance, the timeline for implementation,
  225  metrics for determining compliance, and the accountable
  226  structure responsible for its implementation.
  227         (13) “Information technology resources” has the same
  228  meaning as in s. 119.011.
  229         (14) “Information technology security” means the protection
  230  afforded to an automated information system in order to attain
  231  the applicable objectives of preserving the integrity,
  232  availability, and confidentiality of data, information, and
  233  information technology resources.
  234         (15)(16) “Performance metrics” means the measures of an
  235  organization’s activities and performance.
  236         (16)(17) “Primary data center” means a data center that is
  237  a recipient entity for consolidation of state agency nonprimary
  238  data centers and computing facilities and that is established by
  239  law.
  240         (17)(18) “Project” means an endeavor that has a defined
  241  start and end point; is undertaken to create or modify a unique
  242  product, service, or result; and has specific objectives that,
  243  when attained, signify completion.
  244         (18) “Project oversight” means an independent review and
  245  analysis of an information technology project in order to
  246  provide information on the project’s scope, completion
  247  timeframes, and budget and should identify and quantify any
  248  issues or risks affecting the successful and timely completion
  249  of the project.
  250         (19) “Risk assessment analysis” means the process of
  251  identifying security risks, determining their magnitude, and
  252  identifying areas needing safeguards.
  253         (20) “Service level” means the key performance indicators
  254  (KPI) of an organization or service which must be regularly
  255  performed, monitored, and achieved.
  256         (21) “Service-level agreement” means a written contract
  257  between a data center and a customer entity which specifies the
  258  scope of services provided, service level, the duration of the
  259  agreement, the responsible parties, and service costs. A
  260  service-level agreement is not a rule pursuant to chapter 120.
  261         (22) “Stakeholder” means an individual, group,
  262  organization, or state agency involved in or affected by a
  263  course of action.
  264         (23)(22) “Standards” means required practices, controls,
  265  components, or configurations established by an authority.
  266         (24) “State Agency” means any official, officer,
  267  commission, board, authority, council, committee, or department
  268  of the executive branch of state government, and the Justice
  269  Administration Commission and the Public Service Commission. For
  270  the purpose of this chapter, “agency” does not include
  271  university boards of trustees or state universities.
  272         (25) “State data center” means an enterprise information
  273  technology service provider that is the recipient entity for the
  274  consolidation of state agency data centers and computing
  275  facilities and that establishes, implements, operates, monitors,
  276  reviews, maintains, and physically or virtually improves
  277  information technology services designated by the Agency for
  278  State Technology in compliance with the operating guidelines and
  279  procedures set forth by the agency pursuant to s. 282.0051(11).
  280         (26)(23) “SUNCOM Network” means the state enterprise
  281  telecommunications system that provides all methods of
  282  electronic or optical telecommunications beyond a single
  283  building or contiguous building complex and used by entities
  284  authorized as network users under this part.
  285         (27)(24) “Telecommunications” means the science and
  286  technology of communication at a distance, including electronic
  287  systems used in the transmission or reception of information.
  288         (28)(25) “Threat” means any circumstance or event that has
  289  the potential to adversely affect a state agency’s operation or
  290  assets through an information system by means of unauthorized
  291  access, destruction, disclosure, modification of information, or
  292  denial of service may cause harm to the integrity, availability,
  293  or confidentiality of information technology resources.
  294         (29) “Variance” means a calculated value that illustrates a
  295  positive or negative deviation from a projection measured
  296  against documented estimations within a project plan.
  297         (26) “Total cost” means all costs associated with
  298  information technology projects or initiatives, including, but
  299  not limited to, value of hardware, software, service,
  300  maintenance, incremental personnel, and facilities. Total cost
  301  of a loan or gift of information technology resources to an
  302  agency includes the fair market value of the resources.
  303         (27) “Usage” means the billing amount charged by the
  304  primary data center, less any pass-through charges, to the
  305  customer entity.
  306         (28) “Usage rate” means a customer entity’s usage or
  307  billing amount as a percentage of total usage.
  308         Section 4. Section 282.0051, Florida Statutes, is created
  309  to read:
  310         282.0051 Agency for State Technology; powers, duties, and
  311  functions.—
  312         (1) The Agency for State Technology has the following
  313  powers, duties, and functions:
  314         (a) Developing and publishing information technology policy
  315  for the management of the state’s information technology
  316  resources.
  317         (b) Establishing and publishing information technology
  318  architecture standards to achieve the most efficient use of the
  319  state’s information technology resources and to ensure
  320  compatibility and alignment with the needs of state agencies.
  321  The agency shall assist state agencies in complying with such
  322  standards.
  323         (c) By June 30, 2015, establishing project management and
  324  project oversight standards that state agencies must comply with
  325  while implementing information technology projects. The Agency
  326  for State Technology shall provide training opportunities to
  327  state agencies to assist in the adoption of the project
  328  management and oversight standards. To support data-driven
  329  decisionmaking, such standards must include, but are not limited
  330  to:
  331         1. Performance measurements and metrics that objectively
  332  reflect the status of an information technology project based on
  333  the defined and documented project scope, cost, and schedule.
  334         2. Methodologies for calculating acceptable variance ranges
  335  in the projected versus actual scope, schedule, or cost of an
  336  information technology project.
  337         3. Reporting requirements that provide project visibility
  338  to all identified stakeholders, including instances in which an
  339  information technology project exceeds the acceptable variance
  340  ranges as defined and documented in the project plan.
  341         4. The content, format, and frequency of project updates.
  342         (d) Beginning January 1, 2015, performing project oversight
  343  on all information technology projects that have total project
  344  costs of $10 million or more and that are funded in the General
  345  Appropriations Act or under state law. The agency shall report
  346  at least quarterly to the Executive Office of the Governor, the
  347  President of the Senate, and the Speaker of the House of
  348  Representatives on any information technology project the agency
  349  identifies as being a high-risk project that may exceed the
  350  acceptable variance ranges as defined and documented in the
  351  project plan. The report must include an assessment of the risk
  352  levels, including fiscal risks, associated with proceeding to
  353  the next stage of the project and a recommendation for requiring
  354  corrective action, which includes suspending or terminating the
  355  project.
  356         (e) By October 15, 2015, and biennially thereafter,
  357  identifying opportunities for standardizing and consolidating
  358  information technology services that support business functions
  359  and operations, including administrative functions such as
  360  purchasing, accounting and reporting, cash management, and
  361  personnel, which are common across state agencies, and providing
  362  recommendations for such standardization and consolidation to
  363  the Executive Office of the Governor, the President of the
  364  Senate, and the Speaker of the House of Representatives.
  365         (f) In collaboration with the department, establishing best
  366  practices for the procurement of information technology products
  367  and services in order to reduce costs, increase productivity, or
  368  improve services. Such practices must include a provision that
  369  requires the agency to review all information technology
  370  purchases made by state agencies which have a total cost of
  371  $250,000 or more, unless a purchase is specifically mandated by
  372  the Legislature, for compliance with the standards established
  373  pursuant to this section.
  374         (g) Advising and collaborating with the department in
  375  conducting procurement negotiations for information technology
  376  products and services that will be used by multiple state
  377  agencies, and collaborating with the department in information
  378  technology resource acquisition planning.
  379         (h) Encouraging state agencies, when considering technology
  380  infrastructure priorities, to actively seek out and identify
  381  opportunities that potentially fit into the public-private
  382  partnership model, and develop sustainable partnerships between
  383  private entities and units of government in order to accelerate
  384  project delivery and provide a source of new or increased
  385  funding for other infrastructure needs.
  386         (i) Establishing standards for information technology
  387  reports and updates for use by state agencies which include, but
  388  are not limited to, operational work plans, project spending
  389  plans, and project status reports.
  390         (j) Upon request, assisting state agencies in the
  391  development of their information technology-related legislative
  392  budget requests.
  393         (k) Conducting annual assessments of state agencies to
  394  determine their compliance with information technology standards
  395  and guidelines developed and published by the Agency for State
  396  Technology and provide results of the assessments to the
  397  Executive Office of the Governor, the President of the Senate,
  398  and the Speaker of the House of Representatives.
  399         (l) Providing operational management and oversight of the
  400  state data center established pursuant to s. 282.201, which
  401  includes:
  402         1. Implementing industry standards and best practices for
  403  the state data center’s facilities, operations, maintenance,
  404  planning, and management processes.
  405         2. Developing and implementing cost-recovery mechanisms
  406  that recover the full cost of services, including direct and
  407  indirect costs, through charges to applicable customer entities.
  408  Such mechanisms must comply with applicable state and federal
  409  requirements relating to the distribution and use of such funds
  410  and must ensure that for any fiscal year a service or customer
  411  entity is not subsidizing another service or customer entity.
  412         3. Establishing operating guidelines and procedures
  413  necessary for the state data center to perform its duties
  414  pursuant to s. 282.201 which comply with applicable state and
  415  federal laws, rules, and policies and are in accordance with
  416  generally accepted governmental accounting and auditing
  417  standards. Such guidelines and procedures must include, but need
  418  not be limited to:
  419         a. Implementing a consolidated administrative support
  420  structure that is responsible for the provision of financial
  421  management, procurement, transactions involving real or personal
  422  property, human resources, and operational support.
  423         b. Implementing an annual reconciliation process to ensure
  424  that each customer entity is paying for the full direct and
  425  indirect cost of each service as determined by the customer
  426  entity’s use of each service.
  427         c. Providing rebates, which may be credited against future
  428  billings, to customer entities when revenues exceed costs.
  429         d. Requiring a customer entity to validate that sufficient
  430  funds are in or will be transferred into the appropriate data
  431  processing appropriation category before implementing a customer
  432  entity’s request for a change in the type or level of service if
  433  such change results in a net increase to the customer entity’s
  434  costs for that fiscal year.
  435         e. Providing to each customer entity’s agency head by
  436  September 1 of each year the projected costs to provide data
  437  center services for the following fiscal year.
  438         f. Providing a plan for consideration by the Legislative
  439  Budget Commission if the cost of a service is increased for a
  440  reason other than a customer entity’s request pursuant to
  441  subparagraph 4. which results in a net increase to the customer
  442  entity for that fiscal year.
  443         g. Standardizing and consolidating procurement and
  444  contracting practices.
  445         4. In collaboration with the Department of Law Enforcement,
  446  developing and implementing a process for detecting, reporting,
  447  and responding to information technology security incidents,
  448  breaches, or threats.
  449         5. Adopting rules relating to the operation of the state
  450  data center, which include, but are not limited to, its
  451  budgeting and accounting procedures, cost-recovery
  452  methodologies, and operating procedures.
  453         6. Consolidating contract practices and coordinating
  454  software, hardware, or other technology-related procurements.
  455         7. Annually conducting a market analysis to determine if
  456  the state’s approach to the provision of data center services is
  457  the most effective and efficient manner by which its customer
  458  entities can acquire such services based on federal, state, and
  459  local government trends, best practices in service provision,
  460  and the acquisition of new and emerging technologies. The
  461  results of the market analysis should assist the state data
  462  center in making any necessary adjustments to its data center
  463  service offerings.
  464         (m) Recommending other information technology services that
  465  should be designed, delivered, and managed as enterprise
  466  information technology services. Such recommendations should
  467  include the identification of any existing information
  468  technology resources associated with such services which would
  469  need to be transferred as a result of such services being
  470  delivered and managed as enterprise information technology
  471  services.
  472         (n) Recommending any further agency computing facility or
  473  data center consolidations into the state data center
  474  established pursuant to s. 282.201. Such recommendations should
  475  include the proposed timeline for the consolidation.
  476         (o) In consultation with state agencies, proposing
  477  methodology and approaches for identifying and collecting both
  478  current and planned information technology expenditure data at
  479  the state agency level.
  480         (p) Adopting rules to administer this section.
  481         (2) Except as provided in subsection (3), the Department of
  482  Financial Services, the Department of Legal Affairs, the
  483  Department of Agriculture and Consumer Services are not subject
  484  to the powers, duties and functions of the Agency for State
  485  Technology established under this section. Each of those
  486  departments shall adopt the standards established in paragraphs
  487  (1)(b), (1)(c), and (1)(i) or adopt alternative standards based
  488  on best practices or industry standards and may contract
  489  separately with the Agency for State Technology to provide and
  490  perform any of the services and functions for those departments.
  491         (3)(a) An information technology project administered or
  492  implemented by the Department of Financial Services, the
  493  Department of Legal Affairs, or the Department of Agriculture
  494  and Consumer Services is subject to the powers, duties, and
  495  functions of the Agency for State Technology if such project is
  496  expected to have a total project cost of $50 million or more,
  497  and the project directly affects another state agency or another
  498  information technology project that is subject to the powers,
  499  duties, and functions of the Agency for State Technology.
  500         (b) If an information technology project administered by a
  501  state agency subject to the powers, duties, and functions of the
  502  Agency for State Technology must be connected to or otherwise
  503  accommodated by an information technology system administered by
  504  the Department of Financial Services, the Department of Legal
  505  Affairs or the Department of Agriculture and Consumer Services,
  506  the Agency for State Technology shall consult with those
  507  departments regarding the risks and other effects of such
  508  projects on those departments’ information technology systems
  509  and shall work cooperatively with those departments regarding
  510  the connections, interfaces, timing, or accommodation required
  511  to implement such projects.
  512         Section 5. Section 282.0055, Florida Statutes, is repealed.
  513         Section 6. Section 282.0056, Florida Statutes, is repealed.
  514         Section 7. Section 282.201, Florida Statutes, is amended to
  515  read:
  516         282.201 State data center system; agency duties and
  517  limitations.—The A state data center system that includes all
  518  primary data centers, other nonprimary data centers, and
  519  computing facilities, and that provides an enterprise
  520  information technology service as defined in s. 282.0041, is
  521  established as a primary data center within the Agency for State
  522  Technology and includes the facilities formerly known as the
  523  Northwood Shared Resource Center and the Southwood Shared
  524  Resource Center.
  525         (1) INTENT.—The Legislature finds that the most efficient
  526  and effective means of providing quality utility data processing
  527  services to state agencies requires that computing resources be
  528  concentrated in quality facilities that provide the proper
  529  security, disaster recovery, infrastructure, and staff resources
  530  to ensure that the state’s data is maintained reliably and
  531  safely, and is recoverable in the event of a disaster.
  532  Efficiencies resulting from such consolidation include the
  533  increased ability to leverage technological expertise and
  534  hardware and software capabilities; increased savings through
  535  consolidated purchasing decisions; and the enhanced ability to
  536  deploy technology improvements and implement new policies
  537  consistently throughout the consolidated organization. Unless
  538  otherwise exempt by law, it is the intent of the Legislature
  539  that all agency data centers and computing facilities be
  540  consolidated into the state a primary data center by 2019.
  541         (2) STATE DATA CENTER DUTIES.—The state data center shall:
  542         (a) Offer, develop, and support the services and
  543  applications as provided in the service-level agreements
  544  executed with its customer entities.
  545         (b) Maintain the performance of the state data center,
  546  which includes ensuring proper data backup, data backup
  547  recovery, a disaster recovery plan, appropriate security, power,
  548  cooling, fire suppression, and capacity.
  549         (c) Develop a business continuity plan and a disaster
  550  recovery plan, and conduct a live exercise of these plans at
  551  least annually.
  552         (d) Enter into a service level agreement with each customer
  553  entity to provide the required type and level of service or
  554  services. If a customer entity fails to execute an agreement
  555  within 60 days after the commencement of a service, the state
  556  data center may cease service. A service level agreement may not
  557  have a term exceeding 3 years and at a minimum must:
  558         1.Identify the parties and their roles, duties, and
  559  responsibilities under the agreement.
  560         2.State the duration of the contractual term and specify
  561  the conditions for renewal.
  562         3. Identify the scope of work.
  563         4. Identify the products or services to be delivered with
  564  sufficient specificity to permit an external financial or
  565  performance audit.
  566         5. Establish the services to be provided, the business
  567  standards that must be met for each service, the cost of each
  568  service, and the metrics and processes by which the business
  569  standards for each service are to be objectively measured and
  570  reported.
  571         6. Provide a timely billing methodology for recovering the
  572  cost of services provided to the customer entity pursuant to s.
  573  215.422.
  574         7. Provide a procedure for modifying the service level
  575  agreement based on changes in the type, level, and cost of a
  576  service.
  577         8. Include a right-to-audit clause to ensure that the
  578  parties to the agreement have access to records for audit
  579  purposes during the term of the service level agreement.
  580         9. Provide that a service level agreement may be terminated
  581  by either party for cause only after giving the other party and
  582  the Agency for State Technology notice in writing of the cause
  583  for termination and an opportunity for the other party to
  584  resolve the identified cause within a reasonable period.
  585         10. Provide for the mediation of disputes by the Division
  586  of Administrative Hearings pursuant to s. 120.573.
  587         (e)Be the custodian of resources and equipment that are
  588  located, operated, supported, and managed by the state data
  589  center for the purposes of chapter 273.
  590         (f)Assume administrative access rights to the resources
  591  and equipment, such as servers, network components, and other
  592  devices that are consolidated into the state data center.
  593         1. On the date of each consolidation specified in this
  594  section, the General Appropriations Act, or the Laws of Florida,
  595  each state agency shall relinquish all administrative rights to
  596  such resources and equipment. State agencies required to comply
  597  with federal security regulations and policies shall retain
  598  administrative access rights sufficient to comply with the
  599  management control provisions of those regulations and policies;
  600  however, the state data center shall have the appropriate type
  601  or level of rights to allow the center to comply with its duties
  602  pursuant to this section. The Department of Law Enforcement
  603  shall serve as the arbiter of any disputes which may arise
  604  regarding the appropriate type and level of administrative
  605  access rights relating to the provision of management control in
  606  accordance with federal criminal justice information guidelines.
  607         2.The state data center shall provide its customer
  608  entities with access to applications, servers, network
  609  components, and other devices necessary for state agencies to
  610  perform business activities and functions, and as defined and
  611  documented in the service level agreement.
  612         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  613  The Agency for Enterprise Information Technology shall:
  614         (a) Collect and maintain information necessary for
  615  developing policies relating to the data center system,
  616  including, but not limited to, an inventory of facilities.
  617         (b) Annually approve cost-recovery mechanisms and rate
  618  structures for primary data centers which recover costs through
  619  charges to customer entities.
  620         (c) By September 30 of each year, submit to the
  621  Legislature, the Executive Office of the Governor, and the
  622  primary data centers recommendations to improve the efficiency
  623  and cost-effectiveness of computing services provided by state
  624  data center system facilities. Such recommendations must
  625  include, but need not be limited to:
  626         1. Policies for improving the cost-effectiveness and
  627  efficiency of the state data center system, which includes the
  628  primary data centers being transferred to a shared, virtualized
  629  server environment, and the associated cost savings resulting
  630  from the implementation of such policies.
  631         2. Infrastructure improvements supporting the consolidation
  632  of facilities or preempting the need to create additional data
  633  centers or computing facilities.
  634         3. Uniform disaster recovery standards.
  635         4. Standards for primary data centers which provide cost
  636  effective services and transparent financial data to user
  637  agencies.
  638         5. Consolidation of contract practices or coordination of
  639  software, hardware, or other technology-related procurements and
  640  the associated cost savings.
  641         6. Improvements to data center governance structures.
  642         (d) By October 1 of each year, provide recommendations to
  643  the Governor and Legislature relating to changes to the schedule
  644  for the consolidations of state agency data centers as provided
  645  in subsection (4).
  646         1. The recommendations must be based on the goal of
  647  maximizing current and future cost savings by:
  648         a. Consolidating purchase decisions.
  649         b. Leveraging expertise and other resources to gain
  650  economies of scale.
  651         c. Implementing state information technology policies more
  652  effectively.
  653         d. Maintaining or improving the level of service provision
  654  to customer entities.
  655         2. The agency shall establish workgroups as necessary to
  656  ensure participation by affected agencies in the development of
  657  recommendations related to consolidations.
  658         (e) Develop and establish rules relating to the operation
  659  of the state data center system which comply with applicable
  660  federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
  661  The rules must address:
  662         1. Ensuring that financial information is captured and
  663  reported consistently and accurately.
  664         2. Identifying standards for hardware, including standards
  665  for a shared, virtualized server environment, and operations
  666  system software and other operational software, including
  667  security and network infrastructure, for the primary data
  668  centers; requiring compliance with such standards in order to
  669  enable the efficient consolidation of the agency data centers or
  670  computing facilities; and providing an exemption process from
  671  compliance with such standards, which must be consistent with
  672  paragraph (5)(b).
  673         3. Requiring annual full cost recovery on an equitable
  674  rational basis. The cost-recovery methodology must ensure that
  675  no service is subsidizing another service and may include
  676  adjusting the subsequent year’s rates as a means to recover
  677  deficits or refund surpluses from a prior year.
  678         4. Requiring that any special assessment imposed to fund
  679  expansion is based on a methodology that apportions the
  680  assessment according to the proportional benefit to each
  681  customer entity.
  682         5. Requiring that rebates be given when revenues have
  683  exceeded costs, that rebates be applied to offset charges to
  684  those customer entities that have subsidized the costs of other
  685  customer entities, and that such rebates may be in the form of
  686  credits against future billings.
  687         6. Requiring that all service-level agreements have a
  688  contract term of up to 3 years, but may include an option to
  689  renew for up to 3 additional years contingent on approval by the
  690  board, and require at least a 180-day notice of termination.
  691         (3) STATE AGENCY DUTIES.—
  692         (a) For the purpose of completing the work activities
  693  described in subsections (1) and (2), Each state agency shall
  694  provide to the Agency for State Enterprise Information
  695  Technology all requested information relating to its data
  696  centers and computing facilities and any other information
  697  relevant to the effective agency’s ability to effectively
  698  transition of a state agency data center or computing facility
  699  its computer services into the state a primary data center. The
  700  agency shall also participate as required in workgroups relating
  701  to specific consolidation planning and implementation tasks as
  702  assigned by the Agency for Enterprise Information Technology and
  703  determined necessary to accomplish consolidation goals.
  704         (b) Each state agency customer of the state a primary data
  705  center shall notify the state data center, by May 31 and
  706  November 30 of each year, of any significant changes in
  707  anticipated use utilization of data center services pursuant to
  708  requirements established by the state boards of trustees of each
  709  primary data center.
  710         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  711         (a) Consolidations of agency data centers and computing
  712  facilities shall be made by the date and to the specified state
  713  primary data center facility as provided in this section and in
  714  accordance with budget adjustments contained in the General
  715  Appropriations Act.
  716         (b) By December 31, 2011, the following shall be
  717  consolidated into the Northwest Regional Data Center:
  718         1. The Department of Education’s Knott Data Center in the
  719  Turlington Building.
  720         2. The Department of Education’s Division of Vocational
  721  Rehabilitation.
  722         3. The Department of Education’s Division of Blind
  723  Services, except for the division’s disaster recovery site in
  724  Daytona Beach.
  725         4. The FCAT Explorer.
  726         (c) During the 2011-2012 fiscal year, the following shall
  727  be consolidated into the Southwood Shared Resource Center:
  728         1. By September 30, 2011, the Department of Corrections.
  729         2. By March 31, 2012, the Department of Transportation’s
  730  Burns Building.
  731         3. By March 31, 2012, the Department of Transportation’s
  732  Survey & Mapping Office.
  733         (d) By July 1, 2012, the Department of Highway Safety and
  734  Motor Vehicles’ Office of Commercial Vehicle Enforcement shall
  735  be consolidated into the Northwood Shared Resource Center.
  736         (e) By September 30, 2012, the Department of Revenue’s
  737  Carlton Building and Imaging Center locations shall be
  738  consolidated into the Northwest Regional Data Center.
  739         (f) During the 2012-2013 fiscal year, the following shall
  740  be consolidated into the Northwood Shared Resource Center:
  741         1. By July 1, 2012, the Agency for Health Care
  742  Administration.
  743         2. By August 31, 2012, the Department of Highway Safety and
  744  Motor Vehicles.
  745         3. By December 31, 2012, the Department of Environmental
  746  Protection’s Palmetto Commons.
  747         4. By December 31, 2012, the Department of Health’s Test
  748  and Development Lab and all remaining data center resources
  749  located at the Capital Circle Office Complex.
  750         (g) During the 2013-2014 fiscal year, the following shall
  751  be consolidated into the Southwood Shared Resource Center:
  752         1. By October 31, 2013, the Department of Economic
  753  Opportunity.
  754         2. By December 31, 2013, the Executive Office of the
  755  Governor, to include the Division of Emergency Management except
  756  for the Emergency Operation Center’s management system in
  757  Tallahassee and the Camp Blanding Emergency Operations Center in
  758  Starke.
  759         3. By March 31, 2014, the Department of Elderly Affairs.
  760         (h) By October 30, 2013, the Fish and Wildlife Conservation
  761  Commission, except for the commission’s Fish and Wildlife
  762  Research Institute in St. Petersburg, shall be consolidated into
  763  the Northwood Shared Resource Center.
  764         (i) During the 2014-2015 fiscal year, the following
  765  agencies shall work with the Agency for Enterprise Information
  766  Technology to begin preliminary planning for consolidation into
  767  a primary data center:
  768         1. The Department of Health’s Jacksonville Lab Data Center.
  769         2. The Department of Transportation’s district offices,
  770  toll offices, and the District Materials Office.
  771         3. The Department of Military Affairs’ Camp Blanding Joint
  772  Training Center in Starke.
  773         4. The Camp Blanding Emergency Operations Center in Starke.
  774         5. The Department of Education’s Division of Blind Services
  775  disaster recovery site in Daytona Beach.
  776         6. The Department of Education’s disaster recovery site at
  777  Santa Fe College.
  778         7. The Fish and Wildlife Conservation Commission’s Fish and
  779  Wildlife Research Institute in St. Petersburg.
  780         8. The Department of Children and Family Services’ Suncoast
  781  Data Center in Tampa.
  782         9. The Department of Children and Family Services’ Florida
  783  State Hospital in Chattahoochee.
  784         (j) During the 2015-2016 fiscal year, all computing
  785  resources remaining within an agency data center or computing
  786  facility, to include the Department of Financial Services’
  787  Hartman, Larson, and Fletcher Buildings data centers, shall be
  788  transferred to a primary data center for consolidation unless
  789  otherwise required to remain in the agency for specified
  790  financial, technical, or business reasons that must be justified
  791  in writing and approved by the Agency for Enterprise Information
  792  Technology. Such data centers, computing facilities, and
  793  resources must be identified by the Agency for Enterprise
  794  Information Technology by October 1, 2014.
  795         (b)(k)The Department of Financial Services, the Department
  796  of Legal Affairs, the Department of Agriculture and Consumer
  797  Services, the Department of Law Enforcement, the Department of
  798  the Lottery’s Gaming System, Systems Design and Development in
  799  the Office of Policy and Budget, the regional traffic management
  800  centers and the Office of Toll Operations of the Department of
  801  Transportation, and the State Board of Administration, state
  802  attorneys, public defenders, criminal conflict and civil
  803  regional counsel, capital collateral regional counsel, the
  804  Florida Clerks of Court Operations Corporation, and the Florida
  805  Housing Finance Corporation are exempt from data center
  806  consolidation under this section.
  807         (c)(l)A state Any agency that is consolidating its agency
  808  data center or computing facility centers into the state a
  809  primary data center must execute a new or update an existing
  810  service-level agreement within 60 days after the commencement of
  811  service specified consolidation date, as required by s.
  812  282.201(2) s. 282.203, in order to specify the services and
  813  levels of service it is to receive from the state primary data
  814  center as a result of the consolidation. If the state an agency
  815  and the state primary data center are unable to execute a
  816  service-level agreement by that date, the agency and the primary
  817  data center shall submit a report to the Executive Office of the
  818  Governor and to the chairs of the legislative appropriations
  819  committees within 5 working days after that date which explains
  820  the specific issues preventing execution and describing the plan
  821  and schedule for resolving those issues.
  822         (m) Beginning September 1, 2011, and every 6 months
  823  thereafter until data center consolidations are complete, the
  824  Agency for Enterprise Information Technology shall provide a
  825  status report on the implementation of the consolidations that
  826  must be completed during the fiscal year. The report shall be
  827  submitted to the Executive Office of the Governor and the chairs
  828  of the legislative appropriations committees. The report must,
  829  at a minimum, describe:
  830         1. Whether the consolidation is on schedule, including
  831  progress on achieving the milestones necessary for successful
  832  and timely consolidation of scheduled agency data centers and
  833  computing facilities.
  834         2. The risks that may affect the progress or outcome of the
  835  consolidation and how these risks are being addressed,
  836  mitigated, or managed.
  837         (d)(n) Each state agency scheduled identified in this
  838  subsection for consolidation into the state a primary data
  839  center shall submit a transition plan to the Agency for State
  840  Technology appropriate primary data center by July 1 of the
  841  fiscal year before the fiscal year in which the scheduled
  842  consolidation will occur. Transition plans shall be developed in
  843  consultation with the state appropriate primary data center
  844  centers and the Agency for Enterprise Information Technology,
  845  and must include:
  846         1. An inventory of the state agency data center’s resources
  847  being consolidated, including all hardware and its associated
  848  life cycle replacement schedule, software, staff, contracted
  849  services, and facility resources performing data center
  850  management and operations, security, backup and recovery,
  851  disaster recovery, system administration, database
  852  administration, system programming, job control, production
  853  control, print, storage, technical support, help desk, and
  854  managed services, but excluding application development, and the
  855  state agency’s costs supporting these resources.
  856         2. A list of contracts in effect, including, but not
  857  limited to, contracts for hardware, software, and maintenance,
  858  which identifies the expiration date, the contract parties, and
  859  the cost of each contract.
  860         3. A detailed description of the level of services needed
  861  to meet the technical and operational requirements of the
  862  platforms being consolidated.
  863         4. A description of resources for computing services
  864  proposed to remain in the department.
  865         4.5. A timetable with significant milestones for the
  866  completion of the consolidation.
  867         (o) Each primary data center shall develop a transition
  868  plan for absorbing the transfer of agency data center resources
  869  based upon the timetables for transition as provided in this
  870  subsection. The plan shall be submitted to the Agency for
  871  Enterprise Information Technology, the Executive Office of the
  872  Governor, and the chairs of the legislative appropriations
  873  committees by September 1 of the fiscal year before the fiscal
  874  year in which the scheduled consolidations will occur. Each plan
  875  must include:
  876         1. The projected cost to provide data center services for
  877  each agency scheduled for consolidation.
  878         2. A staffing plan that identifies the projected staffing
  879  needs and requirements based on the estimated workload
  880  identified in the agency transition plan.
  881         3. The fiscal year adjustments to budget categories in
  882  order to absorb the transfer of agency data center resources
  883  pursuant to the legislative budget request instructions provided
  884  in s. 216.023.
  885         4. An analysis of the cost effects resulting from the
  886  planned consolidations on existing agency customers.
  887         5. A description of any issues that must be resolved in
  888  order to accomplish as efficiently and effectively as possible
  889  all consolidations required during the fiscal year.
  890         (e)(p) Each state agency scheduled identified in this
  891  subsection for consolidation into the state a primary data
  892  center shall submit with its respective legislative budget
  893  request the specific recurring and nonrecurring budget
  894  adjustments of resources by appropriation category into the
  895  appropriate data processing category pursuant to the legislative
  896  budget request instructions in s. 216.023.
  897         (5) AGENCY LIMITATIONS.—
  898         (a) Unless exempt from state data center consolidation
  899  pursuant to this section, authorized by the Legislature, or as
  900  provided in paragraph paragraphs (b) and (c), a state agency may
  901  not:
  902         1. Create a new computing facility or data center, or
  903  expand the capability to support additional computer equipment
  904  in an existing state agency computing facility or nonprimary
  905  data center;
  906         2. Spend funds before the state agency’s scheduled
  907  consolidation into the state a primary data center to purchase
  908  or modify hardware or operations software that does not comply
  909  with hardware and software standards established by the Agency
  910  for State Enterprise Information Technology pursuant to
  911  paragraph (2)(e) for the efficient consolidation of the agency
  912  data centers or computing facilities;
  913         3. Transfer existing computer services to any data center
  914  other than the state a primary data center;
  915         4. Terminate services with the state a primary data center
  916  or transfer services between primary data centers without giving
  917  written notice of intent to terminate or transfer services 180
  918  days before such termination or transfer; or
  919         5. Initiate a new computer service except with the state a
  920  primary data center.
  921         (b) Exceptions to the limitations in subparagraphs (a)1.,
  922  2., 3., and 5. may be granted by the Agency for State Enterprise
  923  Information Technology if there is insufficient capacity in the
  924  state a primary data center to absorb the workload associated
  925  with agency computing services, if expenditures are compatible
  926  with the scheduled consolidation and the standards established
  927  pursuant to s. 282.0051 paragraph (2)(e), or if the equipment or
  928  resources are needed to meet a critical agency business need
  929  that cannot be satisfied by from surplus equipment or resources
  930  of the state primary data center until the agency data center is
  931  consolidated. The Agency for State Technology shall develop and
  932  publish the guidelines and required documentation that a state
  933  agency must comply with when requesting an exception. The
  934  agency’s decision regarding the exception request is not subject
  935  to chapter 120.
  936         1. A request for an exception must be submitted in writing
  937  to the Agency for Enterprise Information Technology. The agency
  938  must accept, accept with conditions, or deny the request within
  939  60 days after receipt of the written request. The agency’s
  940  decision is not subject to chapter 120.
  941         2. At a minimum, the agency may not approve a request
  942  unless it includes:
  943         a. Documentation approved by the primary data center’s
  944  board of trustees which confirms that the center cannot meet the
  945  capacity requirements of the agency requesting the exception
  946  within the current fiscal year.
  947         b. A description of the capacity requirements of the agency
  948  requesting the exception.
  949         c. Documentation from the agency demonstrating why it is
  950  critical to the agency’s mission that the expansion or transfer
  951  must be completed within the fiscal year rather than when
  952  capacity is established at a primary data center.
  953         (c) Exceptions to subparagraph (a)4. may be granted by the
  954  board of trustees of the primary data center if the termination
  955  or transfer of services can be absorbed within the current cost
  956  allocation plan.
  957         (d) Upon the termination of or transfer of agency computing
  958  services from the primary data center, the primary data center
  959  shall require information sufficient to determine compliance
  960  with this section. If a primary data center determines that an
  961  agency is in violation of this section, it shall report the
  962  violation to the Agency for Enterprise Information Technology.
  963         (6) RULES.—The Agency for Enterprise Information Technology
  964  may adopt rules to administer this part relating to the state
  965  data center system including the primary data centers.
  966         Section 8. Section 282.203, Florida Statutes, is repealed.
  967         Section 9. Section 282.204, Florida Statutes, is repealed.
  968         Section 10. Section 282.205, Florida Statutes, is repealed.
  969         Section 11. Section 282.318, Florida Statutes, is amended
  970  to read:
  971         282.318 Enterprise security of data and information
  972  technology.—
  973         (1) This section may be cited as the “Enterprise Security
  974  of Data and Information Technology Act.”
  975         (2) Information technology security is established as an
  976  enterprise information technology service as defined in s.
  977  282.0041.
  978         (2)(3) The Agency for State Enterprise Information
  979  Technology is responsible for establishing standards,
  980  guidelines, and processes by rule which are consistent with
  981  generally accepted best practices for information technology
  982  security, and adopting rules that safeguard an agency’s data,
  983  information, and information technology resources to ensure its
  984  availability, confidentiality, and integrity rules and
  985  publishing guidelines for ensuring an appropriate level of
  986  security for all data and information technology resources for
  987  executive branch agencies. The agency shall also perform the
  988  following duties and responsibilities:
  989         (a) By June 30, 2015, develop, and annually update a
  990  statewide by February 1, an enterprise information technology
  991  security strategic plan that includes security goals and
  992  objectives for the strategic issues of information technology
  993  security policy, risk management, training, incident management,
  994  and disaster recovery survivability planning.
  995         (b) Develop and publish an information technology security
  996  framework for use by state agencies which, at a minimum,
  997  includes guidelines and processes enterprise security rules and
  998  published guidelines for:
  999         1. Developing and using a risk assessment methodology that
 1000  will apply to state agencies to identify the priorities,
 1001  constraints, risk tolerance, and assumptions.
 1002         2.1.Completing comprehensive risk assessments analyses and
 1003  information technology security audits. Such assessments and
 1004  audits shall be conducted by state agencies and reviewed by the
 1005  Agency for State Technology conducted by state agencies.
 1006         3.Identifying protection procedures to manage the
 1007  protection of a state agency’s information, data, and
 1008  information technology resources.
 1009         4. Detecting threats through proactive monitoring of
 1010  events, continuous security monitoring, and specified detection
 1011  processes.
 1012         5.2. Responding to suspected or confirmed information
 1013  technology security incidents, including suspected or confirmed
 1014  breaches of personal information containing confidential or
 1015  exempt data.
 1016         6.3.Developing state agency strategic and operational
 1017  information technology security plans required under this
 1018  section, including strategic security plans and security program
 1019  plans.
 1020         7.4.Recovering The recovery of information technology and
 1021  data in response to an information technology security incident
 1022  following a disaster. The recovery may include recommended
 1023  improvements to the processes, policies, or guidelines.
 1024         8.5.Establishing The managerial, operational, and
 1025  technical safeguards for protecting state government data and
 1026  information technology resources which align with state agency
 1027  risk management strategies for protecting the confidentiality,
 1028  integrity, and availability of information technology and data.
 1029         9. Establishing procedures for accessing information
 1030  technology resources and data in order to limit authorized
 1031  users, processes, or devices to authorized activities and
 1032  transactions to ensure the confidentiality, integrity, and
 1033  availability of such information and data.
 1034         10. Establishing asset management procedures to ensure that
 1035  information technology resources are identified and consistently
 1036  managed with their relative importance to business objectives.
 1037         (c) Assist state agencies in complying with the provisions
 1038  of this section.
 1039         (d) Pursue appropriate funding for the purpose of enhancing
 1040  domestic security.
 1041         (d)(e)In collaboration with the Cybercrime Office in the
 1042  Department of Law Enforcement, provide training for state agency
 1043  information security managers.
 1044         (e)(f) Annually review the strategic and operational
 1045  information technology security plans of state executive branch
 1046  agencies.
 1047         (3)(4)To assist the Agency for Enterprise Information
 1048  Technology in carrying out its responsibilities, Each state
 1049  agency head shall, at a minimum:
 1050         (a) Designate an information security manager who, for the
 1051  purposes of his or her information technology security duties,
 1052  shall report to the agency head and shall to administer the
 1053  information technology security program of the agency for its
 1054  data and information technology resources. This designation must
 1055  be provided annually in writing to the Agency for State
 1056  Enterprise Information Technology by January 1.
 1057         (b) Submit annually to the Agency for State Enterprise
 1058  Information Technology annually by July 31, the state agency’s
 1059  strategic and operational information technology security plans
 1060  developed pursuant to the rules and guidelines established by
 1061  the Agency for State Enterprise Information Technology.
 1062         1. The state agency strategic information technology
 1063  security plan must cover a 3-year period and, at a minimum,
 1064  define security goals, intermediate objectives, and projected
 1065  agency costs for the strategic issues of agency information
 1066  security policy, risk management, security training, security
 1067  incident response, and disaster recovery survivability. The plan
 1068  must be based on the statewide enterprise strategic information
 1069  security strategic plan created by the Agency for State
 1070  Enterprise Information Technology and include performance
 1071  metrics that can be objectively measured in order to gauge the
 1072  state agency’s progress in meeting the security goals and
 1073  objectives identified in the strategic information technology
 1074  security plan. Additional issues may be included.
 1075         2. The state agency operational information technology
 1076  security plan must include a progress report that objectively
 1077  measures progress made toward for the prior operational
 1078  information technology security plan and a project plan that
 1079  includes activities, timelines, and deliverables for security
 1080  objectives that, subject to current resources, the state agency
 1081  will implement during the current fiscal year. The cost of
 1082  implementing the portions of the plan which cannot be funded
 1083  from current resources must be identified in the plan.
 1084         (c) Conduct, and update every 3 years, a comprehensive risk
 1085  assessment analysis to determine the security threats to the
 1086  data, information, and information technology resources of the
 1087  state agency. The risk assessment must comply with the risk
 1088  assessment methodology developed by the Agency for State
 1089  Technology. The risk assessment analysis information is
 1090  confidential and exempt from the provisions of s. 119.07(1),
 1091  except that such information shall be available to the Auditor
 1092  General, and the Agency for State Enterprise Information
 1093  Technology, and the Cybercrime Office in the Department of Law
 1094  Enforcement for performing postauditing duties.
 1095         (d) Develop, and periodically update, written internal
 1096  policies and procedures, which include procedures for reporting
 1097  information technology security incidents and breaches to the
 1098  Cybercrime Office in the Department of Law Enforcement and
 1099  notifying the Agency for State Enterprise Information
 1100  Technology, and for those agencies under the jurisdiction of the
 1101  Governor, to the Chief Inspector General when a suspected or
 1102  confirmed breach, or an information security incident, occurs.
 1103  Such policies and procedures must be consistent with the rules,
 1104  and guidelines, and processes established by the Agency for
 1105  State Enterprise Information Technology to ensure the security
 1106  of the data, information, and information technology resources
 1107  of the state agency. The internal policies and procedures that,
 1108  if disclosed, could facilitate the unauthorized modification,
 1109  disclosure, or destruction of data or information technology
 1110  resources are confidential information and exempt from s.
 1111  119.07(1), except that such information shall be available to
 1112  the Auditor General, the Cybercrime Office in the Department of
 1113  Law Enforcement, and the Agency for State Enterprise Information
 1114  Technology, and for those agencies under the jurisdiction of the
 1115  Governor, to the Chief Inspector General for performing
 1116  postauditing duties.
 1117         (e) Implement the managerial, operational, and technical
 1118  appropriate cost-effective safeguards established by the Agency
 1119  for State Technology to address identified risks to the data,
 1120  information, and information technology resources of the agency.
 1121         (f) Ensure that periodic internal audits and evaluations of
 1122  the agency’s information technology security program for the
 1123  data, information, and information technology resources of the
 1124  agency are conducted. The results of such audits and evaluations
 1125  are confidential information and exempt from s. 119.07(1),
 1126  except that such information shall be available to the Auditor
 1127  General, the Cybercrime Office in the Department of Law
 1128  Enforcement, and the Agency for State Enterprise Information
 1129  Technology for performing postauditing duties.
 1130         (g) Include appropriate information technology security
 1131  requirements in the written specifications for the solicitation
 1132  of information technology and information technology resources
 1133  and services, which are consistent with the rules and guidelines
 1134  established by the Agency for State Enterprise Information
 1135  Technology in collaboration with the department.
 1136         (h) Require that state agency employees complete the
 1137  security awareness training offered by the Agency for State
 1138  Technology in collaboration with the Cybercrime Office in the
 1139  Department of Law Enforcement. Coordinate with state agencies to
 1140  provide agency-specific security training aligned with the
 1141  agency operational information technology security plan. Provide
 1142  security awareness training to employees and users of the
 1143  agency’s communication and information resources concerning
 1144  information security risks and the responsibility of employees
 1145  and users to comply with policies, standards, guidelines, and
 1146  operating procedures adopted by the agency to reduce those
 1147  risks.
 1148         (i) Develop processes a process for detecting, reporting,
 1149  and responding to information technology suspected or confirmed
 1150  security threats or breaches or information technology security
 1151  incidents which are, including suspected or confirmed breaches
 1152  consistent with the security rules, and guidelines, and
 1153  processes established by the Agency for State Enterprise
 1154  Information Technology.
 1155         1. All Suspected or confirmed information technology
 1156  security incidents and breaches must be immediately reported to
 1157  the Cybercrime Office in the Department of Law Enforcement and
 1158  the Agency for State Enterprise Information Technology.
 1159         2. For information technology security incidents involving
 1160  breaches, agencies shall provide notice in accordance with s.
 1161  817.5681 and to the Agency for Enterprise Information Technology
 1162  in accordance with this subsection.
 1163         (5) Each state agency shall include appropriate security
 1164  requirements in the specifications for the solicitation of
 1165  contracts for procuring information technology or information
 1166  technology resources or services which are consistent with the
 1167  rules and guidelines established by the Agency for Enterprise
 1168  Information Technology.
 1169         (4)(6) The Agency for State Enterprise Information
 1170  Technology may adopt rules relating to information technology
 1171  security and to administer the provisions of this section.
 1172         Section 12. Section 282.33, Florida Statutes, is repealed.
 1173         Section 13. Effective upon this act becoming a law, section
 1174  282.34, Florida Statutes, is repealed.
 1175         Section 14. Subsections (1) and (2) of section 17.0315,
 1176  Florida Statutes, are amended to read:
 1177         17.0315 Financial and cash management system; task force.—
 1178         (1) The Chief Financial Officer, as the constitutional
 1179  officer responsible for settling and approving accounts against
 1180  the state and keeping all state funds pursuant to s. 4, Art. IV
 1181  of the State Constitution, is shall be the head of and shall
 1182  appoint members to a task force established to develop a
 1183  strategic business plan for a successor financial and cash
 1184  management system. The task force shall include the executive
 1185  director of the Agency for State Enterprise Information
 1186  Technology and the director of the Office of Policy and Budget
 1187  in the Executive Office of the Governor. Any member of the task
 1188  force may appoint a designee.
 1189         (2) The strategic business plan for a successor financial
 1190  and cash management system must:
 1191         (a) Permit proper disbursement and auditing controls
 1192  consistent with the respective constitutional duties of the
 1193  Chief Financial Officer and the Legislature;
 1194         (b) Promote transparency in the accounting of public funds;
 1195         (c) Provide timely and accurate recording of financial
 1196  transactions by agencies and their professional staffs;
 1197         (d) Support executive reporting and data analysis
 1198  requirements;
 1199         (e) Be capable of interfacing with other systems providing
 1200  human resource services, procuring goods and services, and
 1201  providing other enterprise functions;
 1202         (f) Be capable of interfacing with the existing legislative
 1203  appropriations, planning, and budgeting systems;
 1204         (g) Be coordinated with the information technology strategy
 1205  development efforts of the Agency for State Enterprise
 1206  Information Technology;
 1207         (h) Be coordinated with the revenue estimating conference
 1208  process as supported by the Office of Economic and Demographic
 1209  Research; and
 1210         (i) Address other such issues as the Chief Financial
 1211  Officer identifies.
 1212         Section 15. Subsection (1) of section 20.055, Florida
 1213  Statutes, is reordered and amended to read:
 1214         20.055 Agency inspectors general.—
 1215         (1) As used in For the purposes of this section, the term:
 1216         (d)(a) “State agency” means each department created
 1217  pursuant to this chapter, and also includes the Executive Office
 1218  of the Governor, the Department of Military Affairs, the Fish
 1219  and Wildlife Conservation Commission, the Office of Insurance
 1220  Regulation of the Financial Services Commission, the Office of
 1221  Financial Regulation of the Financial Services Commission, the
 1222  Public Service Commission, the Board of Governors of the State
 1223  University System, the Florida Housing Finance Corporation, the
 1224  Agency for State Technology, and the state courts system.
 1225         (a)(b) “Agency head” means the Governor, a Cabinet officer,
 1226  a secretary as defined in s. 20.03(5), or an executive director
 1227  as those terms are defined in s. 20.03, 20.03(6). It also
 1228  includes the chair of the Public Service Commission, the
 1229  Director of the Office of Insurance Regulation of the Financial
 1230  Services Commission, the Director of the Office of Financial
 1231  Regulation of the Financial Services Commission, the board of
 1232  directors of the Florida Housing Finance Corporation, and the
 1233  Chief Justice of the State Supreme Court.
 1234         (c) “Individuals substantially affected” means natural
 1235  persons who have established a real and sufficiently immediate
 1236  injury in fact due to the findings, conclusions, or
 1237  recommendations of a final report of a state agency inspector
 1238  general, who are the subject of the audit or investigation, and
 1239  who do not have or are not currently afforded an existing right
 1240  to an independent review process. The term does not apply to
 1241  employees of the state, including career service, probationary,
 1242  other personal service, Selected Exempt Service, and Senior
 1243  Management Service employees;, are not covered by this
 1244  definition. This definition also does not cover former employees
 1245  of the state if the final report of the state agency inspector
 1246  general relates to matters arising during a former employee’s
 1247  term of state employment; or. This definition does not apply to
 1248  persons who are the subject of audits or investigations
 1249  conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
 1250  which are otherwise confidential and exempt under s. 119.07.
 1251         (b)(d) “Entities contracting with the state” means for
 1252  profit and not-for-profit organizations or businesses that have
 1253  having a legal existence, such as corporations or partnerships,
 1254  as opposed to natural persons, which have entered into a
 1255  relationship with a state agency as defined in paragraph (a) to
 1256  provide for consideration certain goods or services to the state
 1257  agency or on behalf of the state agency. The relationship may be
 1258  evidenced by payment by warrant or purchasing card, contract,
 1259  purchase order, provider agreement, or other such mutually
 1260  agreed upon relationship. The term This definition does not
 1261  apply to entities that which are the subject of audits or
 1262  investigations conducted pursuant to ss. 112.3187-112.31895 or
 1263  s. 409.913 or which are otherwise confidential and exempt under
 1264  s. 119.07.
 1265         Section 16. Paragraph (e) of subsection (2) of section
 1266  110.205, Florida Statutes, is amended to read:
 1267         110.205 Career service; exemptions.—
 1268         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1269  covered by this part include the following:
 1270         (e) The Chief Information Officer in the Agency for State
 1271  Enterprise Information Technology. Unless otherwise fixed by
 1272  law, the Agency for State Enterprise Information Technology
 1273  shall set the salary and benefits of this position in accordance
 1274  with the rules of the Senior Management Service.
 1275         Section 17. Subsections (2) and (9) of section 215.322,
 1276  Florida Statutes, are amended to read:
 1277         215.322 Acceptance of credit cards, charge cards, debit
 1278  cards, or electronic funds transfers by state agencies, units of
 1279  local government, and the judicial branch.—
 1280         (2) A state agency as defined in s. 216.011, or the
 1281  judicial branch, may accept credit cards, charge cards, debit
 1282  cards, or electronic funds transfers in payment for goods and
 1283  services with the prior approval of the Chief Financial Officer.
 1284  If the Internet or other related electronic methods are to be
 1285  used as the collection medium, the Agency for State Enterprise
 1286  Information Technology shall review and recommend to the Chief
 1287  Financial Officer whether to approve the request with regard to
 1288  the process or procedure to be used.
 1289         (9) For payment programs in which credit cards, charge
 1290  cards, or debit cards are accepted by state agencies, the
 1291  judicial branch, or units of local government, the Chief
 1292  Financial Officer, in consultation with the Agency for State
 1293  Enterprise Information Technology, may adopt rules to establish
 1294  uniform security safeguards for cardholder data and to ensure
 1295  compliance with the Payment Card Industry Data Security
 1296  Standards.
 1297         Section 18. Subsection (2) of section 215.96, Florida
 1298  Statutes, is amended to read:
 1299         215.96 Coordinating council and design and coordination
 1300  staff.—
 1301         (2) The coordinating council shall consist of the Chief
 1302  Financial Officer; the Commissioner of Agriculture; the Attorney
 1303  General; the secretary of the Department of Management Services;
 1304  the executive director of the Agency for State Technology the
 1305  Attorney General; and the Director of Planning and Budgeting,
 1306  Executive Office of the Governor, or their designees. The Chief
 1307  Financial Officer, or his or her designee, shall be chair of the
 1308  coordinating council, and the design and coordination staff
 1309  shall provide administrative and clerical support to the council
 1310  and the board. The design and coordination staff shall maintain
 1311  the minutes of each meeting and shall make such minutes
 1312  available to any interested person. The Auditor General, the
 1313  State Courts Administrator, an executive officer of the Florida
 1314  Association of State Agency Administrative Services Directors,
 1315  and an executive officer of the Florida Association of State
 1316  Budget Officers, or their designees, shall serve without voting
 1317  rights as ex officio members of on the coordinating council. The
 1318  chair may call meetings of the coordinating council as often as
 1319  necessary to transact business; however, the coordinating
 1320  council must shall meet at least annually once a year. Action of
 1321  the coordinating council shall be by motion, duly made, seconded
 1322  and passed by a majority of the coordinating council voting in
 1323  the affirmative for approval of items that are to be recommended
 1324  for approval to the Financial Management Information Board.
 1325         Section 19. Paragraph (a) of subsection (4) of section
 1326  216.023, Florida Statutes, is amended to read:
 1327         216.023 Legislative budget requests to be furnished to
 1328  Legislature by agencies.—
 1329         (4)(a) The legislative budget request must contain for each
 1330  program must contain:
 1331         1. The constitutional or statutory authority for a program,
 1332  a brief purpose statement, and approved program components.
 1333         2. Information on expenditures for 3 fiscal years (actual
 1334  prior-year expenditures, current-year estimated expenditures,
 1335  and agency budget requested expenditures for the next fiscal
 1336  year) by appropriation category.
 1337         3. Details on trust funds and fees.
 1338         4. The total number of positions (authorized, fixed, and
 1339  requested).
 1340         5. An issue narrative describing and justifying changes in
 1341  amounts and positions requested for current and proposed
 1342  programs for the next fiscal year.
 1343         6. Information resource requests.
 1344         7. Supporting information, including applicable cost
 1345  benefit analyses, business case analyses, performance
 1346  contracting procedures, service comparisons, and impacts on
 1347  performance standards for any request to outsource or privatize
 1348  agency functions. The cost-benefit and business case analyses
 1349  must include an assessment of the impact on each affected
 1350  activity from those identified in accordance with paragraph (b).
 1351  Performance standards must include standards for each affected
 1352  activity and be expressed in terms of the associated unit of
 1353  activity.
 1354         8. An evaluation of any major outsourcing and privatization
 1355  initiatives undertaken during the last 5 fiscal years having
 1356  aggregate expenditures exceeding $10 million during the term of
 1357  the contract. The evaluation must shall include an assessment of
 1358  contractor performance, a comparison of anticipated service
 1359  levels to actual service levels, and a comparison of estimated
 1360  savings to actual savings achieved. Consolidated reports issued
 1361  by the Department of Management Services may be used to satisfy
 1362  this requirement.
 1363         9. Supporting information for any proposed consolidated
 1364  financing of deferred-payment commodity contracts including
 1365  guaranteed energy performance savings contracts. Supporting
 1366  information must also include narrative describing and
 1367  justifying the need, baseline for current costs, estimated cost
 1368  savings, projected equipment purchases, estimated contract
 1369  costs, and return on investment calculation.
 1370         10. For projects that exceed $10 million in total cost, the
 1371  statutory reference of the existing policy or the proposed
 1372  substantive policy that establishes and defines the project’s
 1373  governance structure, planned scope, main business objectives
 1374  that must be achieved, and estimated completion timeframes. The
 1375  governance structure for information technology-related projects
 1376  requested by a state agency must incorporate the applicable
 1377  project management and oversight standards established under s.
 1378  282.0051. Information technology budget requests for the
 1379  continuance of existing hardware and software maintenance
 1380  agreements, renewal of existing software licensing agreements,
 1381  or the replacement of desktop units with new technology that is
 1382  similar to the technology currently in use are exempt from this
 1383  requirement.
 1384         Section 20. Subsection (22) of section 287.057, Florida
 1385  Statutes, is amended to read:
 1386         287.057 Procurement of commodities or contractual
 1387  services.—
 1388         (22) The department, in consultation with the Chief
 1389  Financial Officer and the Agency for State Technology, shall
 1390  maintain a program for the online procurement of commodities and
 1391  contractual services. To enable the state to promote open
 1392  competition and leverage its buying power, agencies shall
 1393  participate in the online procurement program, and eligible
 1394  users may participate in the program. Only vendors prequalified
 1395  as meeting mandatory requirements and qualifications criteria
 1396  may participate in online procurement.
 1397         (a) The department, in consultation with the Agency for
 1398  State Technology, may contract for equipment and services
 1399  necessary to develop and implement online procurement.
 1400         (b) The department shall adopt rules to administer the
 1401  program for online procurement. The rules must include, but not
 1402  be limited to:
 1403         1. Determining the requirements and qualification criteria
 1404  for prequalifying vendors.
 1405         2. Establishing the procedures for conducting online
 1406  procurement.
 1407         3. Establishing the criteria for eligible commodities and
 1408  contractual services.
 1409         4. Establishing the procedures for providing access to
 1410  online procurement.
 1411         5. Determining the criteria warranting any exceptions to
 1412  participation in the online procurement program.
 1413         (c) The department may impose and shall collect all fees
 1414  for the use of the online procurement systems.
 1415         1. The fees may be imposed on an individual transaction
 1416  basis or as a fixed percentage of the cost savings generated. At
 1417  a minimum, the fees must be set in an amount sufficient to cover
 1418  the projected costs of the services, including administrative
 1419  and project service costs in accordance with the policies of the
 1420  department.
 1421         2. If the department contracts with a provider for online
 1422  procurement, the department, pursuant to appropriation, shall
 1423  compensate the provider from the fees after the department has
 1424  satisfied all ongoing costs. The provider shall report
 1425  transaction data to the department each month so that the
 1426  department may determine the amount due and payable to the
 1427  department from each vendor.
 1428         3. All fees that are due and payable to the state on a
 1429  transactional basis or as a fixed percentage of the cost savings
 1430  generated are subject to s. 215.31 and must be remitted within
 1431  40 days after receipt of payment for which the fees are due. For
 1432  fees that are not remitted within 40 days, the vendor shall pay
 1433  interest at the rate established under s. 55.03(1) on the unpaid
 1434  balance from the expiration of the 40-day period until the fees
 1435  are remitted.
 1436         4. All fees and surcharges collected under this paragraph
 1437  shall be deposited in the Operating Trust Fund as provided by
 1438  law.
 1439         Section 21. Subsection (4) of section 445.011, Florida
 1440  Statutes, is amended to read:
 1441         445.011 Workforce information systems.—
 1442         (4) Workforce Florida, Inc., shall coordinate development
 1443  and implementation of workforce information systems with the
 1444  executive director of the Agency for State Enterprise
 1445  Information Technology to ensure compatibility with the state’s
 1446  information system strategy and enterprise architecture.
 1447         Section 22. Subsections (2) and (4) of section 445.045,
 1448  Florida Statutes, are amended to read:
 1449         445.045 Development of an Internet-based system for
 1450  information technology industry promotion and workforce
 1451  recruitment.—
 1452         (2) Workforce Florida, Inc., shall coordinate with the
 1453  Agency for State Enterprise Information Technology and the
 1454  Department of Economic Opportunity to ensure links, where
 1455  feasible and appropriate, to existing job information websites
 1456  maintained by the state and state agencies and to ensure that
 1457  information technology positions offered by the state and state
 1458  agencies are posted on the information technology website.
 1459         (4)(a) Workforce Florida, Inc., shall coordinate
 1460  development and maintenance of the website under this section
 1461  with the executive director of the Agency for State Enterprise
 1462  Information Technology to ensure compatibility with the state’s
 1463  information system strategy and enterprise architecture.
 1464         (b) Workforce Florida, Inc., may enter into an agreement
 1465  with the Agency for State Enterprise Information Technology, the
 1466  Department of Economic Opportunity, or any other public agency
 1467  with the requisite information technology expertise for the
 1468  provision of design, operating, or other technological services
 1469  necessary to develop and maintain the website.
 1470         (c) Workforce Florida, Inc., may procure services necessary
 1471  to implement the provisions of this section, if it employs
 1472  competitive processes, including requests for proposals,
 1473  competitive negotiation, and other competitive processes that to
 1474  ensure that the procurement results in the most cost-effective
 1475  investment of state funds.
 1476         Section 23. Paragraph (b) of subsection (18) of section
 1477  668.50, Florida Statutes, is amended to read:
 1478         668.50 Uniform Electronic Transaction Act.—
 1479         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1480  GOVERNMENTAL AGENCIES.—
 1481         (b) To the extent that a governmental agency uses
 1482  electronic records and electronic signatures under paragraph
 1483  (a), the Agency for State Enterprise Information Technology, in
 1484  consultation with the governmental agency, giving due
 1485  consideration to security, may specify:
 1486         1. The manner and format in which the electronic records
 1487  must be created, generated, sent, communicated, received, and
 1488  stored and the systems established for those purposes.
 1489         2. If electronic records must be signed by electronic
 1490  means, the type of electronic signature required, the manner and
 1491  format in which the electronic signature must be affixed to the
 1492  electronic record, and the identity of, or criteria that must be
 1493  met by, any third party used by a person filing a document to
 1494  facilitate the process.
 1495         3. Control processes and procedures as appropriate to
 1496  ensure adequate preservation, disposition, integrity, security,
 1497  confidentiality, and auditability of electronic records.
 1498         4. Any other required attributes for electronic records
 1499  which are specified for corresponding nonelectronic records or
 1500  reasonably necessary under the circumstances.
 1501         Section 24. Section 943.0415, Florida Statutes, is amended
 1502  to read:
 1503         943.0415 Cybercrime Office.—The Cybercrime Office There is
 1504  created within the Department of Law Enforcement the Cybercrime
 1505  Office. The office may:
 1506         (1) Investigate violations of state law pertaining to the
 1507  sexual exploitation of children which are facilitated by or
 1508  connected to the use of any device capable of storing electronic
 1509  data.
 1510         (2) Monitor information technology resources and provide
 1511  analysis on information technology security incidents, threats,
 1512  or breaches as those terms are defined in s. 282.0041.
 1513         (3) Investigate violations of state law pertaining to
 1514  information technology security incidents, threats, or breaches
 1515  pursuant to s. 282.0041 and assist in incident response and
 1516  recovery.
 1517         (4) Provide security awareness training and information to
 1518  state agency employees concerning cyber security, online sexual
 1519  exploitation of children, security risks, and the responsibility
 1520  of employees to comply with policies, standards, guidelines, and
 1521  operating procedures adopted by the Agency for State Technology.
 1522         (5) Consult with the Agency for State Technology in the
 1523  adoption of rules relating to the information technology
 1524  security provisions of s. 282.318.
 1525         Section 25. Section 1004.649, Florida Statutes, is amended
 1526  to read:
 1527         1004.649 Northwest Regional Data Center.—
 1528         (1) For the purpose of providing data center services to
 1529  serving its state agency customers, the Northwest Regional Data
 1530  Center at Florida State University is designated as a primary
 1531  data center and shall:
 1532         (a) Operate under a governance structure that represents
 1533  its customers proportionally.
 1534         (b) Maintain an appropriate cost-allocation methodology
 1535  that accurately bills state agency customers based solely on the
 1536  actual direct and indirect costs of the services provided to
 1537  state agency customers, and ensures that for any fiscal year a
 1538  state agency customer is not subsidizing a prohibits the
 1539  subsidization of nonstate agency customer or another state
 1540  agency customer customers’ costs by state agency customers. Such
 1541  cost-allocation methodology must comply with applicable state
 1542  and federal requirements concerning the distribution and use of
 1543  state and federal funds.
 1544         (c) Enter into a service-level agreement with each state
 1545  agency customer to provide services as defined and approved by
 1546  the governing board of the center. At a minimum, such service
 1547  level agreements must:
 1548         1. Identify the parties and their roles, duties, and
 1549  responsibilities under the agreement;
 1550         2. State the duration of the agreement term and specify the
 1551  conditions for renewal;
 1552         3. Identify the scope of work;
 1553         4. Establish the services to be provided, the business
 1554  standards that must be met for each service, the cost of each
 1555  service, and the process by which the business standards for
 1556  each service are to be objectively measured and reported;
 1557         5. Provide a timely billing methodology for recovering the
 1558  cost of services provided pursuant to s. 215.422; and
 1559         6. Provide a procedure for modifying the service-level
 1560  agreement to address any changes in projected costs of service;
 1561         7. Prohibit the transfer of computing services between the
 1562  Northwest Regional Data Center and the state data center
 1563  established under s. 282.201 without at least 180 days’ notice
 1564  of service cancellation;
 1565         8. Identify the products or services to be delivered with
 1566  sufficient specificity to permit an external financial or
 1567  performance audit; and
 1568         9. Provide that the service-level agreement may be
 1569  terminated by either party for cause only after giving the other
 1570  party notice in writing of the cause for termination and an
 1571  opportunity for the other party to resolve the identified cause
 1572  within a reasonable period.
 1573         (d) Provide to the Board of Governors the total annual
 1574  budget by major expenditure category, including, but not limited
 1575  to, salaries, expenses, operating capital outlay, contracted
 1576  services, or other personnel services by July 30 each fiscal
 1577  year.
 1578         (e) Provide to each state agency customer its projected
 1579  annual cost for providing the agreed-upon data center services
 1580  by September 1 each fiscal year.
 1581         (f) Provide a plan for consideration by the Legislative
 1582  Budget Commission if the governing body of the center approves
 1583  the use of a billing rate schedule after the start of the fiscal
 1584  year that increases any state agency customer’s costs for that
 1585  fiscal year.
 1586         (2) The Northwest Regional Data Center’s designation as a
 1587  primary data center for purposes of serving its state agency
 1588  customers may be terminated if:
 1589         (a) The center requests such termination to the Board of
 1590  Governors, the Senate President, and the Speaker of the House of
 1591  Representatives; or
 1592         (b) The center fails to comply with the provisions of this
 1593  section.
 1594         (3) If such designation is terminated, the center shall
 1595  have 1 year to provide for the transition of its state agency
 1596  customers to the state data center system established under s.
 1597  282.201 Southwood Shared Resource Center or the Northwood Shared
 1598  Resource Center.
 1599         Section 26. The Agency for Enterprise Information
 1600  Technology in the Executive Office of the Governor is
 1601  transferred by a type two transfer, pursuant to s. 20.06,
 1602  Florida Statutes, to the Agency for State Technology established
 1603  pursuant to s. 20.61, Florida Statutes, except that the only
 1604  rules that are transferred are chapters 71A-1 and 71A-2, Florida
 1605  Administrative Code. All other rules adopted by the Agency for
 1606  Enterprise Information Technology are nullified and of no
 1607  further force or effect.
 1608         Section 27. The Northwood Shared Resource Center in the
 1609  Department of Management Services is transferred by a type two
 1610  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1611  for State Technology established pursuant to s. 20.61, Florida
 1612  Statutes.
 1613         Section 28. The Southwood Shared Resource Center in the
 1614  Department of Management Services is transferred by a type two
 1615  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1616  for State Technology established pursuant to s. 20.61, Florida
 1617  Statutes.
 1618         Section 29. The Agency for State Technology shall:
 1619         (1) Complete a feasibility study that analyzes, evaluates,
 1620  and provides recommendations for managing state government data
 1621  in a manner that promotes its interoperability and openness and,
 1622  if legally permissible and not cost prohibitive, ensures that
 1623  such data is available to the public in ways that make the data
 1624  easy to find and use, and complies with chapter 119, Florida
 1625  Statutes. At a minimum, the feasibility study must include the
 1626  following components:
 1627         (a) A clear description of which state government data
 1628  should be public information. The guiding principle for this
 1629  component is a presumption of openness to the extent permitted
 1630  by law but subject to valid restrictions relating to privacy,
 1631  confidentiality, and security, and other fiscal and legal
 1632  restrictions.
 1633         (b) Recommended standards for making the format and
 1634  accessibility of public information uniform and ensuring that
 1635  such data is published in a nonproprietary, searchable,
 1636  sortable, platform-independent, and machine-readable format. The
 1637  agency should include the projected cost to state agencies of
 1638  implementing and maintaining such standards.
 1639         (c) A project plan for implementing a single Internet
 1640  website that contains public information or links to public
 1641  information. The plan should include a timeline and benchmarks
 1642  for making public information available online and identify any
 1643  costs associated with the development and ongoing maintenance of
 1644  such a website.
 1645         (d) A recommended governance structure and review and
 1646  compliance process to ensure accountability on the part of those
 1647  who create, maintain, manage, or store public information or
 1648  post it on the single Internet website. The agency should
 1649  include any associated costs to implement and maintain the
 1650  recommended governance structure and the review and compliance
 1651  process.
 1652         (2) Submit the completed feasibility study to the Executive
 1653  Office of the Governor, the President of the Senate, and the
 1654  Speaker of the House of Representatives by June 1, 2015.
 1655         Section 30. The State Data Center Task Force is created.
 1656  The task force shall be comprised of those individuals who were
 1657  members of the boards of trustees of the Northwood and Southwood
 1658  Shared Resource Centers as of June 30, 2014. The purpose of the
 1659  task force is to provide assistance in the transition of the
 1660  Northwood and Southwood Shared Resource Centers into the state
 1661  data center established under s. 282.201, Florida Statutes. The
 1662  task force shall identify any operational or fiscal issues
 1663  affecting the transition and provide recommendations to the
 1664  Agency for State Technology for the resolution of such issues.
 1665  The task force may not make decisions regarding the state data
 1666  center or the facilities formerly known as the Northwood and
 1667  Southwood Shared Resource Centers and shall expire on or before
 1668  June 30, 2015.
 1669         Section 31. For the 2014-2015 fiscal year, the sum of
 1670  $2,134,892 in nonrecurring general revenue funds, $2,865,108 in
 1671  recurring general revenue funds, and 25 full-time equivalent
 1672  positions and associated salary rate of 2,010,951 are
 1673  appropriated to the Agency for State Technology for the purpose
 1674  of implementing and administering this act.
 1675         Section 32. Except as otherwise expressly provided in this
 1676  act and except for this section, which shall take effect upon
 1677  this act becoming a law, this act shall take effect July 1,
 1678  2014.