Florida Senate - 2008 CS for SB 1892

By the Committee on General Government Appropriations; and Senator Carlton

601-06435A-08 20081892c1

A bill to be entitled

An act relating to the state data center system; amending

s. 14.204, F.S.; revising the duties and responsibilities

of the Agency for Enterprise Information Technology;

authorizing the agency to adopt rules; amending s.

215.322, F.S.; requiring the Agency for Enterprise

Information Technology to review an agency's request to

accept credit, charge, or debit cards in payment of goods

and services and make recommendations to the Chief

Financial Officer; amending s. 216.235, F.S.; including

the executive director of the Agency for Enterprise

Information Technology on the State Innovation Committee;

requiring the agency to evaluate innovative investment

projects that involve information technology; amending s.

282.003, F.S.; revising a short title; amending s.

282.0041, F.S.; defining terms relating to information

resource management; amending s. 282.0055, F.S.;

conforming cross-references; amending s. 282.0056, F.S.;

revising provisions relating to the Agency for Enterprise

Information Technology's work plan; requiring an annual

plan; requiring the agency to annually report its

achievements to the Governor and Cabinet and the

Legislature; creating s. 282.201, F.S.; establishing a

state data center system; providing legislative intent;

providing the duties of the Agency for Enterprise

Information Technology with respect to the system;

providing responsibilities; providing state agency duties

and limitations; authorizing the Agency for Enterprise

Information Technology to adopt rules; creating s.

282.203, F.S.; establishing primary data centers;

providing the duties of the center; providing that each

center shall be headed by a board of trustees; providing

for the membership of the board; providing for the duties

of the board; creating s. 282.204, F.S.; establishing the

Northwood Shared Resource Center as a separate budget

entity housed for administrative purposes only in the

Department of Children and Family Services; providing for

the center to be headed by a board of trustees; creating

s. 282.205, F.S.; establishing the Southwood Shared

Resource Center as a separate budget entity housed for

administrative purposes only in the Department of

Management Services; providing for the center to be headed

by a board of trustees; amending s. 282.315, F.S.;

revising the duties of the Agency Chief Information

Officers Council with respect to the consolidation of

computer services; amending s. 282.322, F.S.; revising

provisions relating to monitoring high-risk information

technology projects; amending s. 287.057, F.S.; requiring

the Department of Management Services to consult with the

Agency for Enterprise Information Technology with respect

to procuring information technology commodities and

contractual services; amending ss. 445.011, 445.045, and

668.50, F.S., relating to workforce information systems

and the Uniform Electronic Transaction Act; clarifying the

duties of the Agency for Enterprise Information Technology

and the Department of Management Services; providing for

the transfer of state agency data center resources to a

primary data center; requiring the board of trustees of

the primary data center to submit a plan relating to costs

and resources; requiring user agencies to submit budget

requests to accomplish the transfers; specifying the

duties of the board of trustees of the data center;

providing for the transfer of the information technology

functions of the Parole Commission to the Department of

Corrections; requiring a plan and a service-level

agreement; providing for the transfer of mainframe

resources of the Department of Transportation and the

Department of Highway Safety and Motor Vehicles to the

Southwood Shared Resource Center; providing a timeframe

for the transfer; requiring a service-level agreement for

the transition and a plan; providing for the supervision

of staff and ownership of resources; requiring budget

amendments to redistribute resources between the state

entities; repealing s. 282.20, F.S., relating to the

Technology Resource Center; providing an effective date.

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

Section 1. Section 14.204, Florida Statutes, is amended to

read:

14.204 Agency for Enterprise Information Technology.--The

Agency for Enterprise Information Technology is created within

the Executive Office of the Governor.

(1) The head of the agency shall be the Governor and

Cabinet, which shall take action by majority vote consisting of

at least three affirmative votes with the Governor on the

prevailing side.

(2) The agency shall be a separate budget entity that is

not subject to control, supervision, or direction by the

Executive Office of the Governor in any manner, including, but

not limited to, purchasing, transactions involving real or

personal property, personnel, or budgetary matters.

(3)(1) The agency shall have an executive director who

must: of the agency shall

(a) Have a degree from an accredited postsecondary

institution;

(b) Have at least 7 years of executive-level experience in

managing information technology organizations;

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Cabinet, is subject to confirmation by the Senate, and shall

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serve at the pleasure of the Governor and Cabinet; and. The

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executive director shall

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(d) Be the chief information officer of the state and the

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executive sponsor for all enterprise information technology

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projects. The executive director must have a degree from an

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accredited postsecondary institution, and at least 7 years of

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executive-level experience in managing information technology

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organizations.

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(4)(2) The agency shall have the following duties and

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responsibilities:

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(a) Develop and implement strategies for the design,

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delivery, and management of the enterprise information technology

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services established in law.

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(b) Monitor the delivery and management of the enterprise

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information technology services as established in law.

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Legislature concerning other information technology services that

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should be designed, delivered, and managed as at the enterprise

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information technology services level as defined in s. 282.0041

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282.0041(8).

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(d) Plan and establish policies for managing proposed

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statutorily authorized enterprise information technology

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services, which includes:

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1. Developing business cases that, when applicable, include

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the components identified in s. 287.0574;

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2. Establishing and coordinating project-management teams;

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3. Establishing formal risk-assessment and mitigation

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processes; and

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4. Providing for independent monitoring of projects for

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recommended corrective actions.

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(e) Not earlier than July 1, 2008, Define the architecture

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standards for enterprise information technology services and

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develop implementation approaches for statewide migration to

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those standards.

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(f) Develop and publish a strategic enterprise information

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technology plan that identifies and recommends strategies for how

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enterprise information technology services will deliver effective

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and efficient government services to state residents and improve

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the operations of state agencies.

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(g) Perform duties related to the state data center system

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as provided in s. 282.201.

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(h) Coordinate procurement negotiations for hardware and

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software acquisition necessary to consolidate data center or

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computer facilities infrastructure.

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(i) Coordinate procurement negotiations for software that

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will be used by multiple agencies.

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(5)(3) The agency shall operate in such a manner that

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ensures the as to ensure participation and representation of

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state agencies and the Agency Chief Information Officers Council

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established in s. 282.315.

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(6) The agency may adopt rules pursuant to ss. 120.536(1)

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and 120.54 to carry out its statutory duties.

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Section 2. Subsection (2) of section 215.322, Florida

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Statutes, is amended to read:

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215.322 Acceptance of credit cards, charge cards, or debit

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cards by state agencies, units of local government, and the

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judicial branch.--

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

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

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cards in payment for goods and services with the prior approval

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of the Chief Financial Officer. If When the Internet or other

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related electronic methods are to be used as the collection

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medium, the Agency for Enterprise Information Technology State

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Technology Office shall review and recommend to the Chief

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Financial Officer whether to approve the request with regard to

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the process or procedure to be used.

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Section 3. Paragraph (c) of subsection (4) and subsection

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(6) of section 216.235, Florida Statutes, are amended to read:

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216.235 Innovation Investment Program.--

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(4) There is hereby created the State Innovation Committee,

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which shall have final approval authority as to which innovative

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investment projects submitted under this section shall be funded.

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Such committee shall be comprised of seven members. Appointed

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members shall serve terms of 1 year and may be reappointed. The

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committee shall include:

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the Agency for Enterprise Information Technology State Technology

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Office.

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(6) Any agency developing an innovative investment project

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proposal that involves information technology resources may

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consult with and seek technical assistance from the Agency for

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Enterprise Information Technology State Technology Office. The

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office shall consult with the Agency for Enterprise Information

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Technology concerning State Technology Office for any project

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proposal that involves information resource technology resources.

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The Agency for Enterprise Information Technology shall evaluate

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the project and advise State Technology Office is responsible for

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evaluating these projects and for advising the committee and

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review board of the technical feasibility and any transferable

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benefits of the proposed technology. In addition to the

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requirements of subsection (5), the agencies shall provide to the

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Agency for Enterprise Information Technology State Technology

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Office any information requested by the Agency for Enterprise

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Information Technology State Technology Office to aid in

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determining whether that the proposed technology is appropriate

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for the project's success.

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Section 4. Section 282.003, Florida Statutes, is amended to

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read:

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282.003 Short title.--This part may be cited as the

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"Information Technology Resources Management Act of 1997."

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Section 5. Section 282.0041, Florida Statutes, is amended

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to read:

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282.0041 Definitions.--For the purposes of this part, the

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term:

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

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216.011(1)(qq).

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(2) "Agency Chief Information Officer" means the person

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appointed by the agency head to coordinate and manage the

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information technology functions and responsibilities applicable

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to that agency and to participate and represent the his or her

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agency in developing strategies for implementing enterprise

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information technology services identified in law and developing

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recommendations for enterprise information technology policy.

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(3) "Agency Chief Information Officers Council" means the

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council created in s. 282.315.

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(4) "Agency for Enterprise Information Technology" means

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the agency created in s. 14.204.

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(5) "Agency information technology service" means a service

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that directly helps an the agency fulfill its statutory or

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constitutional responsibilities and policy objectives and is

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usually associated with the agency's primary or core business

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functions.

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(6) "Annual budget meeting" means a meeting of the board of

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trustees of a primary data center to review data center usage to

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determine the apportionment of board members for the following

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fiscal year, review rates for each service provided, and

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determine any other required changes.

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(7) "Business continuity plan" means a plan for disaster

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recovery which provides for the continued functioning of a

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primary data center during and after a disaster.

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(8) "Computing facility" means agency space containing

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fewer than 10 servers, any of which supports a strategic or

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nonstrategic information technology service, as described in

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budget instructions developed pursuant to s. 216.023, but

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excluding single-server installations that exclusively perform a

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utility function such as file and print servers.

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(9) "Customer entity" means an entity that obtains services

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from a primary data center.

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(10) "Data center" means agency space containing 10 or more

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servers any of which supports a strategic or nonstrategic

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information technology service, as described in budget

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instructions developed pursuant to 216.023.

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(6) "Customer relationship management" or "CRM" means the

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business processes, software, and Internet capabilities that can

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help state agencies manage customer relationships of the

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organization at the enterprise level.

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(11)(7) "Enterprise level" means all executive branch

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agencies created or authorized in statute to perform

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legislatively delegated functions.

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(12)(8) "Enterprise information technology service" means

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an information technology service that is used in all agencies or

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a subset of agencies and is established in law to be designed,

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delivered, and managed at the enterprise level.

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(13)(9) "E-mail, messaging, and calendaring service" means

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the enterprise information technology service that enables users

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to send, receive, file, store, manage, and retrieve electronic

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messages, attachments, appointments, and addresses.

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(14) "Information-system utility" means a full-service

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information-processing facility offering hardware, software,

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operations, integration, networking, and consulting services.

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(15)(10) "Information technology" means equipment,

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hardware, software, firmware, programs, systems, networks,

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infrastructure, media, and related material used to

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automatically, electronically, and wirelessly collect, receive,

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access, transmit, display, store, record, retrieve, analyze,

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evaluate, process, classify, manipulate, manage, assimilate,

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control, communicate, exchange, convert, converge, interface,

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switch, or disseminate information of any kind or form.

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(16)(11) "Information technology policy" means statements

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that describe clear choices for how information technology will

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deliver effective and efficient government services to residents

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and improve state agency operations. Such A policy may relate to

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investments, business applications, architecture, or

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infrastructure. A policy describes its rationale, implications of

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compliance or noncompliance, the timeline for implementation,

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metrics for determining compliance, and the accountable structure

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responsible for its implementation.

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(17) "Performance metrics" means the measures of an

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organization's activities and performance.

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(18) "Primary data center" means a state or nonstate agency

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data center that is a recipient entity for consolidation of

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nonprimary data centers and computing facilities. A primary data

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center may be authorized in law or designated by the Agency for

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Enterprise Information Technology pursuant to s. 282.201.

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(19)(12) "Project" means an endeavor that has a defined

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start and end point; is undertaken to create or modify a unique

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product, service, or result; and has specific objectives that,

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when attained, signify completion.

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(20) "Service level" means the key performance indicators

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(KPI) of an organization or service which must be regularly

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performed, monitored, and achieved.

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(21) "Service-level agreement" means a written contract

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between a data center and a customer entity which specifies the

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scope of services provided, service level, the duration of the

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agreement, the responsible parties, and service costs. A service-

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level agreement is not a rule pursuant to chapter 120.

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

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nonproprietary, or non-vendor-specific technologies.

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(23)(14) "Total cost" means all costs associated with

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information technology projects or initiatives, including, but

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not limited to, value of hardware, software, service,

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maintenance, incremental personnel, and facilities. Total cost of

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a loan or gift of information technology resources to an agency

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includes the fair market value of the resources; however, except

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that the total cost of loans or gifts of information technology

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to state universities to be used in instruction or research does

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not include fair market value.

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(24) "Usage" means the billing amount charged by the

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primary data center, less any pass-through charges, to the

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customer entity.

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(25) "Usage rate" means a customer entity's usage or

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billing amount as a percentage of total usage.

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Section 6. Section 282.0055, Florida Statutes, is amended

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to read:

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282.0055 Assignment of information technology.--In order to

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ensure the most effective and efficient use of the state's

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information technology and information technology resources and

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notwithstanding other provisions of law to the contrary, policies

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for the design, planning, project management, and implementation

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of the enterprise information technology services defined in s.

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282.0041(8) shall be the responsibility of the Agency for

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Enterprise Information Technology for executive branch agencies

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created or authorized in statute to perform legislatively

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delegated functions. The supervision, design, delivery, and

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management of agency information technology defined in s.

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282.0041(5) shall remain within the responsibility and control of

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the individual state agency.

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Section 7. Section 282.0056, Florida Statutes, are amended

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to read:

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282.0056 Development of work plan; development of

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implementation plans; and policy recommendations.--

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(1) For the purposes of carrying out its responsibilities

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under set forth in s. 282.0055, the Agency for Enterprise

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Information Technology shall develop an annual a work plan within

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30 days after the beginning of the fiscal year describing the

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activities that the agency intends to undertake for that year,

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including and the proposed outcomes and completion timeframes.

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The work plan must be approved by the Governor and Cabinet and

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submitted to the President of the Senate and the Speaker of the

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House of Representatives. The work plan may be amended as needed,

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subject to approval by the Governor and Cabinet to ensure that

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the enterprise information technology services will be provided

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in an efficient, effective, and accountable manner. For the 2007-

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2008 fiscal year, the agency's work plan shall include the

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development of recommended enterprise information technology

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policies, as defined in s. 282.0041(11).

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(2) By December 31, 2008, For the fiscal year beginning in

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2008-2009, the agency shall develop, and submit to the President

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of the Senate and the Speaker of the House of Representatives,

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implementation plans for at least one up to three of the

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following proposed enterprise information technology services to

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be established in law:

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(a) Consolidation of the deployment, management, and

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operation of state-owned or state-operated computer rooms and

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data centers.

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(a)(b) A shared or consolidated enterprise information

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technology service delivery and support model for the e-mail,

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messaging, and calendaring service defined in s. 282.0041(9).

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(b)(c) Information security.

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(d) A shared customer relationship management system that

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consolidates agency requirements for receiving, managing,

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responding to, tracking, and reporting on telephone, e-mail,

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personnel, and other communications received from citizens.

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(c)(e) Consideration of a planned replacement cycle for

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computer equipment.

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(3) In developing policy recommendations and implementation

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plans for established and proposed enterprise information

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technology services, the agency shall describe the scope of

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operation, conduct costs and requirements analyses, conduct an

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inventory of all existing information technology resources that

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are associated with each service, and develop strategies and

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timeframes for statewide migration. For purposes of consolidating

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state-owned or state-operated computer rooms and data centers,

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the agency for Enterprise Information Technology shall develop a

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migration plan for prior to initiating any consolidation effort.

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(4) For the purpose of completing its work activities, each

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state agency shall provide to the agency for Enterprise

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Information Technology all requested information, including, but

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not limited to, the state agency's costs, service requirements,

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and equipment inventories.

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(5) Within 30 days after the end of each fiscal year, the

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agency shall report to the Governor and Cabinet, the President of

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the Senate, and the Speaker of the House of Representatives on

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what was achieved or not achieved in the prior year's work plan.

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Section 8. Section 282.201, Florida Statutes, is created to

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read:

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282.201 State data center system; agency duties and

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limitations.--A state data center system that includes all

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primary data centers, other nonprimary data centers, and

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computing facilities, and that provides an enterprise information

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technology service as defined in s. 282.0041, is established.

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(1) INTENT.--The legislature finds that the most efficient

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and effective means of providing quality utility data processing

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services to state agencies requires that computing resources be

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concentrated in quality facilities that provide the proper

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security, infrastructure, and staff resources to ensure that the

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state's data is maintained reliably, safely, and is recoverable

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in the event of a disaster. Efficiencies resulting from such

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consolidation include the increased ability to leverage

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technological expertise, hardware and software capabilities;

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increased savings through consolidated purchasing decisions; and

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the enhanced ability to deploy technology improvements and

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implement new policies consistently throughout the consolidated

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organization. Therefore it is the intent of the Legislature that

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agency data centers and computing facilities be consolidated into

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primary data centers to the maximum extent possible by 2019.

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(2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY

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DUTIES.--The Agency for Enterprise Information Technology shall:

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(a) Maintain an inventory of facilities within the system

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including:

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1. The amount of floor space used and available.

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2. The numbers and capacities of mainframes and servers.

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3. Storage and network capacity.

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4. Amount of power used and available capacity.

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5. Any other information necessary to maintain a complete

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inventory for data centers.

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(b) Annually approve cost-recovery mechanisms and rate

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structures for primary data centers which recover costs through

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charges to customer entities.

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recommendations to improve the efficiency and effectiveness of

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computing services provided by state data center system

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facilities. Such recommendations may include, but need not be

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limited to:

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1. Policies for improving the cost-effectiveness and

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efficiency of the state data center system.

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2. Infrastructure improvements supporting the consolidation

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of facilities or preempting the need to create additional data

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center facilities or computing facilities.

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3. Standards for an objective, credible energy performance

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rating system that data center boards of trustees can use to

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measure state data center energy consumption and efficiency on a

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biannual basis.

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4. Uniform disaster recovery standards.

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5. Standards for providing transparent financial data to

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user agencies.

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6. Consolidation of contract practices or coordination of

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software, hardware, or other technology-related procurements.

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7. Improvements to data center governance structures.

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(d) By December 31 of each year, identify at least two

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nonprimary data centers or computing facilities for consolidation

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into a primary data center or nonprimary data center facility.

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The consolidation proposal must provide a transition plan,

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including transition costs, timeframes for the transition,

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proposed budgetary savings, and substantive legislative changes

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necessary to implement the transition.

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1. Recommendations shall be based on the goal of maximizing

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current and future cost savings. The agency shall consider the

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following criteria in selecting consolidations that maximize

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efficiencies by providing the ability to:

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a. Consolidate purchase decisions;

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b. Leverage expertise and other resources to gain economies

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of scale;

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c. Implement state information technology policies more

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effectively; and

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d. Maintain or improve the level of service provision to

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customer entities.

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e. Make progress towards the state's goal of consolidating

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data centers and computing facilities into primary data centers.

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2. The agency shall establish workgroups as necessary to

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ensure participation by affected agencies in the development of

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recommendations related to consolidations.

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3. By December 31, 2010, the agency shall develop and

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submit to the Legislature an overall consolidation plan for state

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data centers and computing facilities. The plan shall indicate a

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timeframe for the consolidation of all remaining facilities into

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primary data centers, including existing and proposed data

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centers, by 2019.

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4. This paragraph expires July 1, 2016.

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(e) Develop and establish policies by rule relating to the

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operation of the state data center system, including policies

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that:

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1. Ensure that financial information is captured and

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reported consistently and accurately.

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2. Require the establishment of service-level agreements

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executed between a data center and its customer entities for

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services provided.

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3. Require full cost recovery on an equitable rational

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basis. The cost-recovery methodology must ensure that no service

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is subsidizing another service.

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4. Require that any special assessment imposed to fund

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expansion is based on a methodology that apportions the

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assessment according to the proportional benefit to each customer

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entity.

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5. Require that rebates be given when revenues have

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exceeded costs and that rebates be applied to offset charges to

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those customer entities that have subsidized the costs of other

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customer entities.

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6. Require that all service-level agreements have a

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contract term of not more than 3 years and require at least a

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180-day notice of termination.

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7. Designate any nonstate data centers as primary data

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centers if the center:

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a. Has an established governance structure that represents

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customer entities proportionally.

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b. Maintains an appropriate cost-allocation methodology

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that accurately bills a customer entity based on the actual

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direct and indirect costs to the customer entity and prohibits

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the subsidization of one customer entity's costs by another

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entity.

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c. Has sufficient raised floor space, cooling, redundant

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power capacity, including uninterruptible power supply and backup

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power generation, to accommodate the computer processing

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platforms and support necessary to host the computing

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requirements of additional customer entities.

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(3) STATE AGENCY DUTIES.--

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(a) For the purpose of completing its work activities as

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described in subsection (1), each state agency shall provide to

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the Agency for Enterprise Information Technology all requested

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information specified in paragraph (b) and any other information

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relevant to the agency's ability to effectively transition its

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computer services into a primary data center. The agency shall

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also participate as required in workgroups relating to specific

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consolidation planning and implementation tasks as assigned by

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the Agency for Enterprise Information Technology and determined

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necessary to accomplish consolidation goals.

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(b) Each state agency shall submit to the Agency for

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Enterprise Information Technology information relating to its

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data centers and computing facilities pursuant to instructions

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issued by July 1 of each year by the Agency for Enterprise

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Information Technology. The information submitted must, at a

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minimum, include:

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1. By October 15 of each year for the current fiscal year:

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a. The amount of floor space used and available.

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b. The numbers and capacities of mainframes and servers.

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c. Storage and network capacity.

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d. Amount of power used and the available capacity.

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e. Estimated expenditures by service area, including

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hardware and software, numbers of full-time equivalent positions,

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personnel turnover, and position reclassifications.

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2. By July 15 of each year:

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a. A list of contracts in effect for the fiscal year,

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including, but not limited to, contracts for hardware, software

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and maintenance, including the expiration date, the contract

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parties, and the cost of the contract.

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b. Service-level agreements by customer entity.

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shall assist the Agency for Enterprise Information Technology as

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required by the agency.

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(4) AGENCY LIMITATIONS.--

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(a) Unless authorized by the Legislature or as provided in

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paragraph (b), a state agency may not:

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1. Create a new computing facility or data center, or

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expand the capability to support additional computer equipment in

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an existing computing facility or data center;

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2. Transfer existing computer services to a nonprimary data

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center or computing facility;

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3. Terminate services with a primary data center or

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transfer services between primary data centers without giving

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written notice of intent to terminate or transfer services 180

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days before such termination or transfer; or

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4. Initiate a new computer service if it does not currently

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have an internal data center.

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(b) Exceptions to the limitations in paragraph (a) may be

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granted by the agency head of the Agency for Enterprise

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Information Technology if there is insufficient capacity in a

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primary data center to absorb the workload associated with agency

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computing services.

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(5) RULES.--The Agency for Enterprise Information

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Technology is authorized to adopt rules pursuant to ss.

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120.536(1) and 120.54 to administer the provisions of this part

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relating to the state data center system including the primary

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data centers.

564

Section 9. Section 282.203, Florida Statutes, is created to

565

read:

566

282.203 Primary data centers.--

567

(1) DATA CENTER DUTIES.--Each primary data center shall:

568

(a) Serve customer entities as an information-system

569

utility.

570

(b) Cooperate with customer entities to offer, develop, and

571

support the services and applications as defined and provided by

572

the center's board of trustees and customer entities.

573

574

Information Technology, pursuant to this section, and coordinate

575

with the agency in the consolidation of data centers.

576

(d) Provide transparent financial statements to customer

577

entities and the Agency for Enterprise Information Technology.

578

(e) Maintain the performance of the facility, which

579

includes ensuring proper data backup, data backup recovery, an

580

effective disaster recovery plan, and appropriate security,

581

power, cooling and fire suppression, and capacity.

582

(f) Develop a business continuity plan and conduct a live

583

exercise of the plan at least annually. The plan must be approved

584

by the board and the Agency for Enterprise Information

585

Technology.

586

(g) Enter into a service-level agreement with each customer

587

entity to provide services as defined and approved by the board

588

in compliance with rules of the Agency for Enterprise Information

589

Technology. A service-level agreement may not have a term

590

exceeding 3 years.

591

1. A service-level agreement, at a minimum, must:

592

a. Identify the parties and their roles, duties, and

593

responsibilities under the agreement;

594

b. Identify the legal authority under which the service-

595

level agreement was negotiated and entered into by the parties;

596

c. State the duration of the contractual term and specify

597

the conditions for contract renewal;

598

d. Prohibit the transfer of computing services between

599

primary data center facilities without at least 180 days' notice

600

of service cancellation;

601

e. Identify the scope of work;

602

f. Identify the products or services to be delivered with

603

sufficient specificity to permit an external financial or

604

performance audit;

605

g. Establish the services to be provided, the business

606

standards that must be met for each service, the cost of each

607

service, and the process by which the business standards for each

608

service are to be objectively measured and reported;

609

h. Identify applicable funds and funding streams for the

610

services or products under contract;

611

i. Provide a billing methodology for recovering the cost of

612

services provided to the customer entity;

613

j. Provide a procedure for modifying the service-level

614

agreement to address changes in projected costs of service;

615

k. Provide that a service-level agreement may be terminated

616

by either party for cause only after giving the other party and

617

the Agency for Enterprise Information Technology notice in

618

writing of the cause for termination and an opportunity for the

619

other party to resolve the identified cause within a reasonable

620

period; and

621

l. Provide for mediation of disputes by the Division of

622

Administrative Hearings pursuant to s. 120.573.

623

2. A service-level agreement may include:

624

a. A dispute resolution mechanism, including alternatives

625

to administrative or judicial proceedings;

626

b. The setting of a surety or performance bond for service-

627

level agreements entered into with nonstate agency data centers;

628

629

c. Additional terms and conditions as determined advisable

630

by the parties if such additional terms and conditions do not

631

conflict with the requirements of this section or rules adopted

632

by the Agency for Enterprise Information Technology.

633

3. The failure to execute a service-level agreement within

634

60 days after service commencement shall, in the case of an

635

existing customer entity, result in a continuation of the terms

636

of the service-level agreement from the prior fiscal year,

637

including any amendments that were formally proposed to the

638

customer entity by the primary data center within the 3 months

639

before service commencement. If a new customer entity fails to

640

execute an agreement within 60 days after service commencement,

641

the data center may cease services.

642

(h) Plan, design, establish pilot projects for, and conduct

643

experiments with information technology resources, and implement

644

enhancements in services if such implementation is cost-effective

645

and approved by the board.

646

(2) BOARD OF TRUSTEES.--Each primary data center shall be

647

headed by a board of trustees as defined in s. 20.03.

648

(a) The members of the board shall be appointed by the

649

agency head or chief executive officer of the representative

650

customer entities of the primary data center and shall serve at

651

the pleasure of the appointing customer entity. The initial

652

appointments of members shall be made as soon as practicable, but

653

not later than July 1, 2008.

654

1. For each of the first two fiscal years that a center is

655

in operation, membership shall be apportioned as provided in

656

subparagraph 3. based on projected customer entity usage rates

657

for the fiscal operating year of the primary data center.

658

a. In addition, during the Southwood Shared Resource

659

Center's first operating year, the Department of Transportation,

660

the Department of Highway Safety and Motor Vehicles, the

661

Department of Health, the Department of Revenue, and the

662

Department of State shall each have one trustee.

663

b. In addition, during the Northwood Shared Resource

664

Center's first operating year, the Department of State and

665

Department of Education shall each have one trustee.

666

2. After the second full year of operation, membership

667

shall be apportioned as provided in subparagraph 3. based on the

668

most recent estimate of customer entity usage rates for the prior

669

year and a projection of usage rates for the first 9 months of

670

the next fiscal year. Such calculation must be completed before

671

the annual budget meeting held before the beginning of the next

672

fiscal year so that any decision to add or remove board members

673

can be voted on at the budget meeting and become effective on

674

July 1 of the subsequent fiscal year.

675

3. Membership shall be apportioned using the following

676

criteria:

677

a. Customer entities of a primary data center whose usage

678

rate represents 4 to 14 percent of total usage shall have one

679

trustee.

680

b. Customer entities of a primary data center whose usage

681

rate represents 15 to 29 percent of total usage shall have two

682

trustees.

683

c. Customer entities of a primary data center whose usage

684

rate represents 30 to 49 percent of total usage shall have three

685

trustees.

686

d. A customer entity of a primary data center whose usage

687

rate represents 50 percent or more of total usage shall have four

688

trustees.

689

e. A single trustee shall represent those customer entities

690

that represent less than 4 percent of the total usage. The

691

trustee shall be selected by a process determined by the board.

692

f. The executive director of the Agency for Enterprise

693

Information Technology shall serve as a voting member of the

694

board.

695

(b) Before July 1 of each year, each board of trustees of a

696

primary data center shall elect a chair and a vice chair to a

697

term of 1 year or until a successor is elected. The vice chair

698

shall serve in the absence of the chair. The vice chair may not

699

be from the same customer entity as the chair. The chair may be

700

elected to serve one additional successive term.

701

702

fail to timely pay for data center services do not have voting

703

rights.

704

(d) The board shall take action by majority vote. If there

705

is a tie, the chair shall be on the prevailing side.

706

(3) BOARD DUTIES.--Each board of trustees of a primary data

707

center shall:

708

(a) Employ an executive director, pursuant to s. 20.05, who

709

serves at the pleasure of the board. The executive director is

710

responsible for the daily operation of the primary data center,

711

ensuring compliance with all laws and rules regulating the

712

primary data center, managing primary data center employees, and

713

the performance of the primary data center.

714

(b) Establish procedures for the primary data center to

715

ensure that budgeting and accounting procedures, cost-recovery

716

methodologies, and operating procedures are in compliance with

717

laws governing the state data center system and rules adopted by

718

the Agency for Enterprise Information Technology.

719

720

ensure compliance by the executive director and employees with

721

laws and rules governing the primary data center, and ensure that

722

staff members are accountable for the performance of the primary

723

data center.

724

(d) Provide each customer entity with full disclosure

725

concerning plans for new, additional, or reduced service

726

requirements, including expected achievable service levels and

727

performance metrics.

728

(e) Ensure the sufficiency and transparency of the primary

729

data center financial information by:

730

1. Establishing policies that ensure that cost-recovery

731

methodologies, billings, receivables, expenditure, budgeting, and

732

accounting data are captured and reported consistently,

733

accurately, and transparently and, upon adoption of rules by the

734

Agency for Enterprise Information Technology, are in compliance

735

with such rules.

736

2. Requiring execution of service-level agreements by the

737

data center and each customer entity for services provided by the

738

data center to the customer entity.

739

3. Requiring cost recovery for the full cost of services,

740

including direct and indirect costs. The cost-recovery

741

methodology must ensure that no service is subsidizing another

742

service without an affirmative vote of approval by the customer

743

entity providing the subsidy.

744

4. Establishing special assessments to fund expansions

745

based on a methodology that apportions the assessment according

746

to the proportional benefit to each customer entity.

747

5. Providing rebates to customer entities when revenues

748

exceed costs and offsetting charges to those who have subsidized

749

other customer entity costs based on actual prior year final

750

expenditures. Rebates may be credited against future billings.

751

6. Approving all expenditures committing over $50,000 in a

752

fiscal year.

753

7. Projecting costs and revenues at the beginning of the

754

third quarter of each fiscal year through the end of the fiscal

755

year. If in any given fiscal year the primary data center is

756

projected to earn revenues that are below costs for that fiscal

757

year, the board shall implement any combination of the following

758

remedies to cover the shortfall:

759

a. The board may direct the primary data center to adjust

760

current year chargeback rates through the end of the fiscal year

761

to cover the shortfall. The rate adjustments shall be implemented

762

using actual usage rate and billing data from the first three

763

quarters of the fiscal year and the same principles used to set

764

rates for the fiscal year.

765

b. The board may direct the primary data center to levy

766

one-time charges on all customers entities to cover the

767

shortfall. The one-time charges shall be implemented using actual

768

usage rate and billing data from the first three quarters of the

769

fiscal year and the same principles used to set rates for the

770

fiscal year.

771

c. The customer entities represented by each board member

772

may provide payments to cover the shortfall in proportion to the

773

amounts each entity paid in the prior fiscal year.

774

(f) Meet as often as necessary, but not less than once per

775

quarter, and hold the annual budget meeting between April 1 and

776

June 30 of each year.

777

(g) Approve the portfolio of services offered by the data

778

center.

779

(h) By July 1 of each year, submit to the Agency for

780

Enterprise Information Technology, proposed cost-recovery

781

mechanisms and rate structures for all customer entities for the

782

fiscal year including the cost-allocation methodology for

783

administrative expenditures and the calculation of administrative

784

expenditures as a percent of total costs.

785

(i) Consider energy-efficient products and their total cost

786

of ownership when replacing, upgrading, or expanding:

787

1. Data center facilities, including, but not limited to,

788

environmental, power, and control systems; and

789

2. Data center network, storage, and computer equipment. If

790

the total cost of ownership, including initial acquisition cost,

791

is estimated to be equal to or lower than existing

792

infrastructure, technical specifications for energy-efficient

793

products should be incorporated into the replacement, upgrade, or

794

expansion planning and acquisition process.

795

Section 10. Section 282.204, Florida Statutes, is created

796

to read:

797

282.204 Northwood Shared Resource Center.--

798

(1) The Northwood Shared Resource Center is established

799

within the Department of Children and Family Services for

800

administrative purposes only. The center is designated as a

801

primary data center and shall be a separate budget entity that is

802

not subject to control, supervision, or direction of the

803

department in any manner, including, but not limited to,

804

purchasing, transactions involving real or personal property,

805

personnel, or budgetary matters.

806

(2) The center shall be headed by a board of trustees as

807

provided in s. 282.203, who shall comply with all requirements of

808

that section related to the operation of the center and with the

809

policies of the Agency for Enterprise Information Technology

810

related to the design and delivery of enterprise information

811

technology services.

812

Section 11. Section 282.205, Florida Statutes, is created

813

to read:

814

282.205 Southwood Shared Resource Center.--

815

(1) The Southwood Shared Resource Center is established

816

within the Department of Management Services for administrative

817

purposes only. The center is designated as a primary data center

818

and shall be a separate budget entity that is not subject to

819

control, supervision, or direction of the department in any

820

manner, including, but not limited to, purchasing, transactions

821

involving real or personal property, personnel, or budgetary

822

matters.

823

(2) The center shall be headed by a board of trustees as

824

provided in s. 282.203, who shall comply with all requirements of

825

that section related to the operation of the center and with the

826

policies of the Agency for Enterprise Information Technology

827

related to the design and delivery of enterprise information

828

technology services.

829

Section 12. Paragraph (c) of subsection (1) of section

830

282.315, Florida Statutes, is amended to read:

831

282.315 Agency Chief Information Officers Council;

832

creation.--The Legislature finds that enhancing communication,

833

consensus building, coordination, and facilitation with respect

834

to issues concerning enterprise information technology resources

835

are essential to improving the management of such resources.

836

(1) There is created an Agency Chief Information Officers

837

Council to:

838

839

and make recommendations for action to the Agency for Enterprise

840

Information Technology. This includes recommendations relating to

841

the consolidation of agency data center and computing facilities,

842

including operational policies, procedures and standards for the

843

consolidated facilities, and procedures and standards for

844

planning the migration to consolidated facilities.

845

Section 13. Subsection (2) of section 282.322, Florida

846

Statutes, is amended to read:

847

282.322 Special monitoring process for designated

848

information resources management projects.--

849

(2) The executive director of the Agency for Enterprise

850

Information Technology shall report on any information technology

851

project that the Legislature identifies as high-risk to the

852

Executive Office of the Governor and Cabinet, the President of

853

the Senate, the Speaker of the House of Representatives, and the

854

chairs of the appropriations committees. Within the limits of

855

current appropriations, the executive director Agency for

856

Enterprise Information Technology shall also monitor and report

857

on such high-risk information technology projects, and assess the

858

levels of risks associated with proceeding to the next stage of

859

the project, and report such assessment to the Governor and

860

Cabinet, the President of the Senate, the Speaker of the House of

861

Representatives, and the chairs of the appropriations committees.

862

Section 14. Subsection (23) of section 287.057, Florida

863

Statutes, is amended to read:

864

287.057 Procurement of commodities or contractual

865

services.--

866

(23)(a) The department, in consultation with the Agency for

867

Enterprise Information Technology State Technology Office and the

868

Comptroller, shall develop a program for online procurement of

869

commodities and contractual services. To enable the state to

870

promote open competition and to leverage its buying power,

871

agencies shall participate in the online procurement program, and

872

eligible users may participate in the program. Only vendors

873

prequalified as meeting mandatory requirements and qualifications

874

criteria may shall be permitted to participate in online

875

procurement.

876

(a) The department, in consultation with the agency State

877

Technology Office, may contract for equipment and services

878

necessary to develop and implement online procurement.

879

(b) The department, in consultation with the agency State

880

Technology Office, shall adopt rules, pursuant to ss. 120.536(1)

881

and 120.54, to administer the program for online procurement. The

882

rules shall include, but not be limited to:

883

1. Determining the requirements and qualification criteria

884

for prequalifying vendors.

885

2. Establishing the procedures for conducting online

886

procurement.

887

3. Establishing the criteria for eligible commodities and

888

contractual services.

889

4. Establishing the procedures for providing access to

890

online procurement.

891

5. Determining the criteria warranting any exceptions to

892

participation in the online procurement program.

893

894

for the use of the online procurement systems.

895

1. The fees may be imposed on an individual transaction

896

basis or as a fixed percentage of the cost savings generated. At

897

a minimum, the fees must be set in an amount sufficient to cover

898

the projected costs of the services, including administrative and

899

project service costs in accordance with the policies of the

900

department. All fees and surcharges collected under this

901

paragraph shall be deposited in the Operating Trust Fund as

902

provided by law.

903

2. If the department contracts with a provider for online

904

procurement, the department, pursuant to appropriation, shall

905

compensate the provider from the fees after the department has

906

satisfied all ongoing costs. The provider shall report

907

transaction data to the department each month so that the

908

department may determine the amount due and payable to the

909

department from each vendor.

910

3. All fees that are due and payable to the state on a

911

transactional basis or as a fixed percentage of the cost savings

912

generated are subject to s. 215.31 and must be remitted within 40

913

days after receipt of payment for which the fees are due. For any

914

fees that are not remitted within 40 days, the vendor shall pay

915

interest at the rate established under s. 55.03(1) on the unpaid

916

balance from the expiration of the 40-day period until the fees

917

are remitted.

918

4. All fees and surcharges collected under this paragraph

919

shall be deposited in the Operating Trust Fund as provided by

920

law.

921

Section 15. Subsection (4) of section 445.011, Florida

922

Statutes, is amended to read:

923

445.011 Workforce information systems.--

924

(4) Workforce Florida, Inc., shall coordinate development

925

and implementation of workforce information systems with the

926

executive director of the Agency for Enterprise Information

927

Technology state's Chief Information Officer in the State

928

Technology Office to ensure compatibility with the state's

929

information system strategy and enterprise architecture.

930

Section 16. Subsection (2) and paragraphs (a) and (b) of

931

subsection (4) of section 445.045, Florida Statutes, are amended

932

to read:

933

445.045 Development of an Internet-based system for

934

information technology industry promotion and workforce

935

recruitment.--

936

(2) Workforce Florida, Inc., shall coordinate with the

937

Agency for Enterprise Information Technology State Technology

938

Office and the Agency for Workforce Innovation to ensure links,

939

where feasible and appropriate, to existing job information

940

websites maintained by the state and state agencies and to ensure

941

that information technology positions offered by the state and

942

state agencies are posted on the information technology website.

943

(4)(a) Workforce Florida, Inc., shall coordinate

944

development and maintenance of the website under this section

945

with the executive director of the Agency for Enterprise

946

Information Technology state's Chief Information Officer in the

947

State Technology Office to ensure compatibility with the state's

948

information system strategy and enterprise architecture.

949

(b) Workforce Florida, Inc., may enter into an agreement

950

with the Agency for Enterprise Information Technology State

951

Technology Office, the Agency for Workforce Innovation, or any

952

other public agency with the requisite information technology

953

expertise for the provision of design, operating, or other

954

technological services necessary to develop and maintain the

955

website.

956

Section 17. Paragraph (b) of subsection (18) of section

957

668.50, Florida Statutes, is amended to read:

958

668.50 Uniform Electronic Transaction Act.--

959

(18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY

960

GOVERNMENTAL AGENCIES.--

961

(b) To the extent that a governmental agency uses

962

electronic records and electronic signatures under paragraph (a),

963

the Agency for Enterprise Information Technology state technology

964

office, in consultation with the governmental agency, giving due

965

consideration to security, may specify:

966

1. The manner and format in which the electronic records

967

must be created, generated, sent, communicated, received, and

968

stored and the systems established for those purposes.

969

2. If electronic records must be signed by electronic

970

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

971

format in which the electronic signature must be affixed to the

972

electronic record, and the identity of, or criteria that must be

973

met by, any third party used by a person filing a document to

974

facilitate the process.

975

3. Control processes and procedures as appropriate to

976

ensure adequate preservation, disposition, integrity, security,

977

confidentiality, and auditability of electronic records.

978

4. Any other required attributes for electronic records

979

which are specified for corresponding nonelectronic records or

980

reasonably necessary under the circumstances.

981

Section 18. All data center functions performed, managed,

982

operated, or supported by state agencies with resources and

983

equipment currently located in a primary data center created by

984

this act, excluding application development, shall be transferred

985

to the primary data center and that agency shall become a full-

986

service customer entity by July 1, 2009. All resources and

987

equipment located in the primary data center shall be operated,

988

managed, and controlled by the primary data center. Data center

989

functions include, but are not limited to, all data center

990

hardware, software, staff, contracted services, and facility

991

resources performing data center management and operations,

992

security, production control, backup and recovery, disaster

993

recovery, system administration, database administration, system

994

programming, job control, production control, print, storage,

995

technical support, help desk, and managed services.

996

(1) To accomplish the transition, each state agency that is

997

a customer entity of a primary data center shall:

998

(a) By October 1, 2008, submit a plan to the board of

999

trustees of the appropriate primary data center describing costs

1000

and resources currently used to manage and maintain hardware and

1001

operating and support software housed at the primary data center,

1002

and a plan for transferring all resources allocated to data

1003

center functions to the primary data center. The plan shall:

1004

1. Include the itemized expenditures for all of the related

1005

equipment and software in the previous 5 fiscal years.

1006

2. Propose averages or weighted averages for transferring

1007

spending authority related to equipment and software based upon

1008

spending in the previous 5 fiscal years and projected needs for

1009

the upcoming 2 fiscal years.

1010

(b) Submit with its 2009-2010 legislative budget request

1011

budget adjustments necessary to accomplish the transfers. These

1012

adjustments shall include budget requests to replace existing

1013

spending authority in the appropriations categories used to

1014

manage, maintain, and upgrade hardware, operating software, and

1015

support software with an amount in a single appropriation

1016

category to pay for the services of the primary data center.

1017

(2) The board of trustees of each primary data center

1018

shall:

1019

(a) Be responsible for the efficient transfer of resources

1020

in user agencies relating to the provision of full services and

1021

shall coordinate the legislative budget requests of the affected

1022

agencies.

1023

(b) Include in its 2009-2010 legislative budget request

1024

additional budget authority to accommodate the transferred

1025

functions.

1026

1027

entities at its annual budget meeting held before July 1, 2009,

1028

using the principles established in s. 282.203, Florida Statutes.

1029

Section 19. Information technology functions of the Parole

1030

Commission, including, but not limited to, systems development

1031

and maintenance, database administration, computer operations,

1032

data center environment, systems engineering, and the network

1033

administration activities of the management information systems

1034

shall be transferred to the Department of Law Enforcement's data

1035

center by December 31, 2008.

1036

(1) The commission and the department shall develop and

1037

implement a written plan that provides for the full transfer of

1038

administrative functions associated with the commission's

1039

information technology operations, defines the functions to be

1040

performed by each party, and delineates responsibility for each

1041

function. The plan must be completed by September 30, 2008.

1042

(2) The commission and the department shall develop a

1043

service-level agreement that defines key performance indicators

1044

for the computing services that must be regularly performed by

1045

the department and monitored to meet the computing service needs

1046

of the commission.

1047

Section 20. (1) The computing requirements currently

1048

provided by the mainframe resources of the Department of

1049

Transportation and the Department of Highway Safety and Motor

1050

Vehicles, each hereafter referred to as a mainframe agency, at

1051

the Suwannee and Kirkman Data Centers, respectively, and the

1052

Southwood Shared Resource Center, shall, by July 1, 2009, be

1053

consolidated within the Southwood Shared Resource Center.

1054

(a) Mainframe consolidation may be achieved through any

1055

combination of strategies that leverage the primary data center's

1056

economies of scale and negotiating strengths as the single

1057

provider of mainframe services to achieve savings for the state.

1058

(b) The Agency for Enterprise Information Technology in

1059

coordination with the Southwood Shared Resource Center shall

1060

negotiate with vendors providing mainframe hardware, operating

1061

and support software, mainframe peripherals, and related

1062

services.

1063

(2) For the purposes of this section, the term:

1064

(a) "Application software" means software that directly

1065

collects and processes data, directly automates government

1066

business processes, or directly renders government data into

1067

information.

1068

(b) "Mainframe peripherals" means devices that store data

1069

processed by a mainframe, devices exclusively used to facilitate

1070

communication with mainframes, printers that print mainframe

1071

jobs, and any device directly connected to a mainframe.

1072

1073

facilitate the use of hardware and other software.

1074

(d) "Support software" means software that is not operating

1075

software or application software.

1076

(3) By September 1, 2008, the Southwood Shared Resource

1077

Center and each mainframe agency shall establish a service-level

1078

agreement for the mainframe transition period. The service-level

1079

agreement shall, at a minimum, include:

1080

(a) An estimate of the type and quantity of services that

1081

the mainframe agency expects to use for the applicable period,

1082

including commitments and any related impending changes.

1083

(b) A process both parties shall use for notifying each

1084

other of any change to the scope, quantity, or conditions of the

1085

services provided.

1086

1087

Shared Resource Center to the mainframe agency.

1088

(4) On September 1, 2008, each mainframe agency, in

1089

conjunction with the Southwood Shared Resource Center, shall

1090

implement the following regarding the mainframes used by the

1091

agency:

1092

(a) Identification of staff, including vendors, responsible

1093

for managing, operating, and supporting each mainframe and

1094

mainframe peripherals who shall report to and be supervised by

1095

managers of the Southwood Shared Resource Center.

1096

(b) Identification of mainframe hardware, mainframe

1097

operating and support software, and mainframe peripherals owned

1098

by the mainframe agency shall become the property of the

1099

Southwood Shared Resource Center.

1100

1101

upgrades shall be made by the Southwood Shared Resource Center.

1102

(5) By October 1, 2008, each mainframe agency shall provide

1103

the Southwood Shared Resource Center with the following:

1104

(a) Comprehensive itemized inventories of mainframe

1105

hardware, support software, and peripherals.

1106

(b) A comprehensive itemized list and description of all

1107

contracts, including a copy of each contract, for mainframe

1108

hardware, operating and support software, peripherals, and

1109

services.

1110

(6) By December 31, 2008, after relevant vendor

1111

negotiations have been completed, the Southwood Shared Resource

1112

Center shall submit a plan for implementing mainframe

1113

consolidation to the center's board of trustees, the Agency for

1114

Enterprise Information Technology, the Governor and Cabinet, the

1115

President of the Senate, and the Speaker of the House of

1116

Representatives. The plan must include:

1117

(a) A description of the work effort, time, agency budget

1118

adjustments for the 2009-2010 fiscal year, and expenditures

1119

necessary to complete the consolidation.

1120

(b) An estimate of the long-term savings resulting from

1121

consolidation.

1122

1123

(7) By April 30, 2009, the following shall occur:

1124

(a) Each mainframe agency shall transfer ownership or

1125

leases for all mainframe hardware, mainframe operating and

1126

support software, and mainframe peripherals held by the mainframe

1127

agencies to the Southwood Shared Resource Center.

1128

(b) The Southwood Shared Resource Center shall implement a

1129

cost-allocation plan for the purpose of establishing prices and

1130

total estimated costs for the remainder of the current fiscal

1131

year and the first full year the mainframe services will be

1132

provided to the mainframe agency.

1133

1134

agencies shall establish service-level agreements.

1135

(8) In order to establish the appropriate budget authority

1136

to implement the consolidation of mainframe services within the

1137

Southwood Shared Resource Center:

1138

(a) As part of their 2009-2010 legislative budget request,

1139

each mainframe agency shall decrease full-time equivalent

1140

positions and transfer spending authority in the existing

1141

appropriation categories which would have been used to maintain

1142

and operate mainframe services to the appropriation category

1143

necessary to pay for mainframe services at the Southwood Shared

1144

Resource Center.

1145

(b) As part of its 2009-2010 legislative budget request,

1146

the Southwood Shared Resource Center shall request full-time

1147

equivalent positions, not to exceed the number of positions

1148

deleted in the mainframe agencies, and spending authority

1149

necessary to deliver mainframe services to each mainframe agency.

1150

Section 21. Section 282.20, Florida Statutes, is repealed.

1151

Section 22. This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.