ENROLLED

2008 LegislatureCS for SB 1892, 1st Engrossed

20081892er

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 a public hearing on the 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.; providing for a

workgroup to transition the Department of Children and

Family Services into a primary data center; establishing

the Northwood Shared Resource Center as a separate budget

entity housed in the department for administrative

purposes only by a certain date; 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;

requiring the department and the center to identify

information technology resources not related to the

operation of the center; 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. 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 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;

repealing s. 282.322(2), F.S., relating to a report

concerning the special monitoring process for designated

information resources management projects; 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

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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) In consultation with the Division of Purchasing in the

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Department of Management Services, coordinate procurement

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negotiations for software that will be used by multiple agencies.

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(j) In coordination with, and through the services of, the

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Division of Purchasing in the Department of Management Services,

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develop best practices for technology procurements.

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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

178

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 enterprise information resource technology

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resources. The Agency for Enterprise Information Technology shall

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evaluate the project and advise State Technology Office is

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responsible for evaluating these projects and for advising the

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committee and review board of the technical feasibility and any

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transferable benefits of the proposed technology. In addition to

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

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the 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 s. 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

335

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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60 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 presented at a public hearing that includes

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the Agency Chief Information Officers Council, which may review

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and comment on the plan. The work plan must thereafter be

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approved by the Governor and Cabinet and submitted to the

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President of the Senate and the Speaker of the House of

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Representatives. The work plan may be amended as needed, subject

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to approval by the Governor and Cabinet to ensure that the

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enterprise information technology services will be provided in an

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efficient, effective, and accountable manner. For the 2007-2008

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

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of recommended enterprise information technology policies, as

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defined in s. 282.0041(11).

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(2) By December 31, 2009, 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 60 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

398

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) Collect and maintain information necessary for

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developing policies relating to the data center system,

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including, but not limited to, an inventory of facilities.

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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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to the Legislature recommendations to improve the efficiency and

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effectiveness of computing services provided by state data center

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system facilities. Such recommendations may include, but need not

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be 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 beginning in 2009, identify

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at least two nonprimary data centers or computing facilities for

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consolidation into a primary data center or nonprimary data

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center facility. The consolidation proposal must provide a

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transition plan, including estimated transition costs, timeframes

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for the transition, proposed budgetary savings, and substantive

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legislative changes 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;

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d. Maintain or improve the level of service provision to

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customer entities; and

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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, 2017.

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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 which must comply with

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applicable federal regulations, including 2 C.F.R. part 225 and

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45 C.F.R. The policies may address:

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1. Ensuring that financial information is captured and

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reported consistently and accurately.

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2. Requiring 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. Requiring annual full cost recovery on an equitable

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

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service is subsidizing another service and may include adjusting

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the subsequent year's rates as a means to recover deficits or

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refund surpluses from a prior year.

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4. Requiring 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. Requiring that rebates be given when revenues have

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exceeded costs, 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, and that such rebates may be in the form of

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credits against future billings.

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6. Requiring that all service-level agreements have a

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contract term of up to 3 years, but may include an option to

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renew for up to 3 additional years contingent on approval by the

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board, and require at least a 180-day notice of termination.

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7. Designating 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 and any other information relevant to the agency's

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ability to effectively transition its computer services into a

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primary data center. The agency shall also participate as

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required in workgroups relating to specific consolidation

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planning and implementation tasks as assigned by the Agency for

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Enterprise Information Technology and determined necessary to

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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 as required in 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 required may include:

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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 the available capacity.

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5. 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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6. 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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7. 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 nonprimary 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 except with a primary data center.

560

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

561

granted by the agency head of the Agency for Enterprise

562

Information Technology if there is insufficient capacity in a

563

primary data center to absorb the workload associated with agency

564

computing services.

565

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

566

Technology is authorized to adopt rules pursuant to ss.

567

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

568

relating to the state data center system including the primary

569

data centers.

570

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

571

read:

572

282.203 Primary data centers.--

573

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

574

(a) Serve customer entities as an information-system

575

utility.

576

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

577

support the services and applications as defined and provided by

578

the center's board of trustees and customer entities.

579

580

Information Technology, pursuant to this section, and coordinate

581

with the agency in the consolidation of data centers.

582

(d) Provide transparent financial statements to customer

583

entities and the Agency for Enterprise Information Technology.

584

(e) Maintain the performance of the facility, which

585

includes ensuring proper data backup, data backup recovery, an

586

effective disaster recovery plan, and appropriate security,

587

power, cooling and fire suppression, and capacity.

588

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

589

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

590

by the board and the Agency for Enterprise Information

591

Technology.

592

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

593

entity to provide services as defined and approved by the board

594

in compliance with rules of the Agency for Enterprise Information

595

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

596

exceeding 3 years but may include an option to renew for up to 3

597

years contingent on approval by the board.

598

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

599

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

600

responsibilities under the agreement;

601

b. Identify the legal authority under which the service-

602

level agreement was negotiated and entered into by the parties;

603

c. State the duration of the contractual term and specify

604

the conditions for contract renewal;

605

d. Prohibit the transfer of computing services between

606

primary data center facilities without at least 180 days' notice

607

of service cancellation;

608

e. Identify the scope of work;

609

f. Identify the products or services to be delivered with

610

sufficient specificity to permit an external financial or

611

performance audit;

612

g. Establish the services to be provided, the business

613

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

614

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

615

service are to be objectively measured and reported;

616

h. Identify applicable funds and funding streams for the

617

services or products under contract;

618

i. Provide a timely billing methodology for recovering the

619

cost of services provided to the customer entity;

620

j. Provide a procedure for modifying the service-level

621

agreement to address changes in projected costs of service;

622

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

623

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

624

the Agency for Enterprise Information Technology notice in

625

writing of the cause for termination and an opportunity for the

626

other party to resolve the identified cause within a reasonable

627

period; and

628

l. Provide for mediation of disputes by the Division of

629

Administrative Hearings pursuant to s. 120.573.

630

2. A service-level agreement may include:

631

a. A dispute resolution mechanism, including alternatives

632

to administrative or judicial proceedings;

633

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

634

level agreements entered into with nonstate agency primary data

635

centers, which may be designated by the Agency for Enterprise

636

Information Technology; or

637

c. Additional terms and conditions as determined advisable

638

by the parties if such additional terms and conditions do not

639

conflict with the requirements of this section or rules adopted

640

by the Agency for Enterprise Information Technology.

641

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

642

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

643

existing customer entity, result in a continuation of the terms

644

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

645

including any amendments that were formally proposed to the

646

customer entity by the primary data center within the 3 months

647

before service commencement, and a revised cost-of-service

648

estimate. If a new customer entity fails to execute an agreement

649

within 60 days after service commencement, the data center may

650

cease services.

651

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

652

experiments with information technology resources, and implement

653

enhancements in services if such implementation is cost-effective

654

and approved by the board.

655

(i) Enter into a memorandum of understanding with the

656

agency where the data center is administratively located which

657

establishes the services to be provided by that agency to the

658

data center and the cost of such services.

659

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

660

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

661

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

662

agency head or chief executive officer of the representative

663

customer entities of the primary data center and shall serve at

664

the pleasure of the appointing customer entity. The initial

665

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

666

not later than July 1, 2008.

667

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

668

in operation, membership shall be apportioned as provided in

669

subparagraph 3. based on projected customer entity usage rates

670

for the fiscal operating year of the primary data center.

671

However, at a minimum:

672

a. During the Southwood Shared Resource Center's first 2

673

operating years, the Department of Transportation, the Department

674

of Highway Safety and Motor Vehicles, the Department of Health,

675

and the Department of Revenue must each have at least one

676

trustee.

677

b. During the Northwood Shared Resource Center's first

678

operating year, the Department of State and the Department of

679

Education must each have at least one trustee.

680

2. After the second full year of operation, membership

681

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

682

most recent estimate of customer entity usage rates for the prior

683

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

684

the next fiscal year. Such calculation must be completed before

685

the annual budget meeting held before the beginning of the next

686

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

687

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

688

July 1 of the subsequent fiscal year.

689

3. Membership shall be apportioned using the following

690

criteria:

691

a. Customer entities of a primary data center whose usage

692

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

693

trustee.

694

b. Customer entities of a primary data center whose usage

695

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

696

trustees.

697

c. Customer entities of a primary data center whose usage

698

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

699

trustees.

700

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

701

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

702

trustees.

703

e. A single trustee shall represent those customer entities

704

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

705

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

706

f. The executive director of the Agency for Enterprise

707

Information Technology shall serve as a voting member of the

708

board.

709

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

710

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

711

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

712

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

713

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

714

elected to serve one additional successive term.

715

716

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

717

rights.

718

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

719

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

720

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

721

center shall:

722

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

723

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

724

responsible for the daily operation of the primary data center,

725

ensuring compliance with all laws and rules regulating the

726

primary data center, managing primary data center employees, and

727

the performance of the primary data center.

728

(b) Establish procedures for the primary data center to

729

ensure that budgeting and accounting procedures, cost-recovery

730

methodologies, and operating procedures are in compliance with

731

laws governing the state data center system, rules adopted by the

732

Agency for Enterprise Information Technology, and applicable

733

federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.

734

735

ensure compliance by the executive director and employees with

736

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

737

staff members are accountable for the performance of the primary

738

data center.

739

(d) Provide each customer entity with full disclosure

740

concerning plans for new, additional, or reduced service

741

requirements, including expected achievable service levels and

742

performance metrics.

743

(e) Ensure the sufficiency and transparency of the primary

744

data center financial information by:

745

1. Establishing policies that ensure that cost-recovery

746

methodologies, billings, receivables, expenditure, budgeting, and

747

accounting data are captured and reported timely, consistently,

748

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

749

Agency for Enterprise Information Technology, are in compliance

750

with such rules.

751

2. Requiring execution of service-level agreements by the

752

data center and each customer entity for services provided by the

753

data center to the customer entity.

754

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

755

including direct and indirect costs. The cost-recovery

756

methodology must ensure that no service is subsidizing another

757

service without an affirmative vote of approval by the customer

758

entity providing the subsidy.

759

4. Establishing special assessments to fund expansions

760

based on a methodology that apportions the assessment according

761

to the proportional benefit to each customer entity.

762

5. Providing rebates to customer entities when revenues

763

exceed costs and offsetting charges to those who have subsidized

764

other customer entity costs based on actual prior year final

765

expenditures. Rebates may be credited against future billings.

766

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

767

fiscal year.

768

7. Projecting costs and revenues at the beginning of the

769

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

770

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

771

projected to earn revenues that are below costs for that fiscal

772

year after first reducing operating costs where possible, the

773

board shall implement any combination of the following remedies

774

to cover the shortfall:

775

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

776

current year chargeback rates through the end of the fiscal year

777

to cover the shortfall. The rate adjustments shall be implemented

778

using actual usage rate and billing data from the first three

779

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

780

rates for the fiscal year.

781

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

782

one-time charges on all customers entities to cover the

783

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

784

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

785

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

786

fiscal year.

787

c. The customer entities represented by each board member

788

may provide payments to cover the shortfall in proportion to the

789

amounts each entity paid in the prior fiscal year.

790

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

791

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

792

June 30 of each year.

793

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

794

center.

795

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

796

Enterprise Information Technology, proposed cost-recovery

797

mechanisms and rate structures for all customer entities for the

798

fiscal year including the cost-allocation methodology for

799

administrative expenditures and the calculation of administrative

800

expenditures as a percent of total costs.

801

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

802

of ownership when replacing, upgrading, or expanding:

803

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

804

environmental, power, and control systems; and

805

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

806

the total cost of ownership, including initial acquisition cost,

807

is estimated to be equal to or lower than existing

808

infrastructure, technical specifications for energy-efficient

809

products should be incorporated into the replacement, upgrade, or

810

expansion planning and acquisition process.

811

Section 10. Section 282.204, Florida Statutes, is created

812

to read:

813

282.204 Northwood Shared Resource Center.--

814

(1) Beginning July 1, 2008, a workgroup shall be

815

established within the Department of Children and Family Services

816

for the purpose of developing a plan for converting its data

817

center to a primary data center. The workgroup shall be chaired

818

by a member appointed by the secretary of the department.

819

Workgroup members may include other state agencies who will be

820

customers of the data center during the 2009-2010 fiscal year.

821

The workgroup shall include staff members who have appropriate

822

financial and technical skills as determined by the chair of the

823

workgroup. The conversion plan shall address organizational

824

changes, personnel changes, cost-allocation plan changes, and any

825

other changes necessary to effectively convert to a primary state

826

data center capable of providing computer services as required by

827

s. 282.201. The workgroup shall submit recommendations for

828

facilitating the conversion to the Governor and Cabinet, the

829

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

830

Representatives by December 31, 2008.

831

(2) Effective July 1, 2009, the Northwood Shared Resource

832

Center is established within the Department of Children and

833

Family Services for administrative purposes only. The center is

834

designated as a primary data center and shall be a separate

835

budget entity that is not subject to control, supervision, or

836

direction of the department in any manner, including, but not

837

limited to, purchasing, transactions involving real or personal

838

property, personnel, or budgetary matters.

839

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

840

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

841

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

842

policies of the Agency for Enterprise Information Technology

843

related to the design and delivery of enterprise information

844

technology services.

845

Section 11. Section 282.205, Florida Statutes, is created

846

to read:

847

282.205 Southwood Shared Resource Center.--

848

(1) Effective July 1, 2008, the Southwood Shared Resource

849

Center is established within the Department of Management

850

Services for administrative purposes only. The center is

851

designated as a primary data center and shall be a separate

852

budget entity that is not subject to control, supervision, or

853

direction of the department in any manner, including, but not

854

limited to, purchasing, transactions involving real or personal

855

property, personnel, or budgetary matters.

856

(2) The Department of Management Services and the center

857

shall identify resources associated with information technology

858

functions which are not related to the support, management, and

859

operation of the data center but which currently exist within the

860

same budget entity as the data center. By October 1, 2008, the

861

center shall submit a budget amendment to transfer resources

862

associated with these functions to the Department of Management

863

Services.

864

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

865

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

866

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

867

policies of the Agency for Enterprise Information Technology

868

related to the design and delivery of enterprise information

869

technology services.

870

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

871

282.315, Florida Statutes, is amended to read:

872

282.315 Agency Chief Information Officers Council;

873

creation.--The Legislature finds that enhancing communication,

874

consensus building, coordination, and facilitation with respect

875

to issues concerning enterprise information technology resources

876

are essential to improving the management of such resources.

877

(1) There is created an Agency Chief Information Officers

878

Council to:

879

880

and make recommendations for action to the Agency for Enterprise

881

Information Technology. This includes recommendations relating to

882

the consolidation of agency data center and computing facilities,

883

including operational policies, procedures and standards for the

884

consolidated facilities, and procedures and standards for

885

planning the migration to consolidated facilities.

886

Section 13. Subsection (23) of section 287.057, Florida

887

Statutes, is amended to read:

888

287.057 Procurement of commodities or contractual

889

services.--

890

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

891

Enterprise Information Technology State Technology Office and the

892

Comptroller, shall develop a program for online procurement of

893

commodities and contractual services. To enable the state to

894

promote open competition and to leverage its buying power,

895

agencies shall participate in the online procurement program, and

896

eligible users may participate in the program. Only vendors

897

prequalified as meeting mandatory requirements and qualifications

898

criteria may shall be permitted to participate in online

899

procurement.

900

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

901

Technology Office, may contract for equipment and services

902

necessary to develop and implement online procurement.

903

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

904

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

905

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

906

rules shall include, but not be limited to:

907

1. Determining the requirements and qualification criteria

908

for prequalifying vendors.

909

2. Establishing the procedures for conducting online

910

procurement.

911

3. Establishing the criteria for eligible commodities and

912

contractual services.

913

4. Establishing the procedures for providing access to

914

online procurement.

915

5. Determining the criteria warranting any exceptions to

916

participation in the online procurement program.

917

918

for the use of the online procurement systems.

919

1. The fees may be imposed on an individual transaction

920

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

921

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

922

the projected costs of the services, including administrative and

923

project service costs in accordance with the policies of the

924

department. All fees and surcharges collected under this

925

paragraph shall be deposited in the Operating Trust Fund as

926

provided by law.

927

2. If the department contracts with a provider for online

928

procurement, the department, pursuant to appropriation, shall

929

compensate the provider from the fees after the department has

930

satisfied all ongoing costs. The provider shall report

931

transaction data to the department each month so that the

932

department may determine the amount due and payable to the

933

department from each vendor.

934

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

935

transactional basis or as a fixed percentage of the cost savings

936

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

937

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

938

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

939

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

940

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

941

are remitted.

942

4. All fees and surcharges collected under this paragraph

943

shall be deposited in the Operating Trust Fund as provided by

944

law.

945

Section 14. Subsection (4) of section 445.011, Florida

946

Statutes, is amended to read:

947

445.011 Workforce information systems.--

948

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

949

and implementation of workforce information systems with the

950

executive director of the Agency for Enterprise Information

951

Technology state's Chief Information Officer in the State

952

Technology Office to ensure compatibility with the state's

953

information system strategy and enterprise architecture.

954

Section 15. Subsection (2) and paragraphs (a) and (b) of

955

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

956

to read:

957

445.045 Development of an Internet-based system for

958

information technology industry promotion and workforce

959

recruitment.--

960

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

961

Agency for Enterprise Information Technology State Technology

962

Office and the Agency for Workforce Innovation to ensure links,

963

where feasible and appropriate, to existing job information

964

websites maintained by the state and state agencies and to ensure

965

that information technology positions offered by the state and

966

state agencies are posted on the information technology website.

967

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

968

development and maintenance of the website under this section

969

with the executive director of the Agency for Enterprise

970

Information Technology state's Chief Information Officer in the

971

State Technology Office to ensure compatibility with the state's

972

information system strategy and enterprise architecture.

973

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

974

with the Agency for Enterprise Information Technology State

975

Technology Office, the Agency for Workforce Innovation, or any

976

other public agency with the requisite information technology

977

expertise for the provision of design, operating, or other

978

technological services necessary to develop and maintain the

979

website.

980

Section 16. Paragraph (b) of subsection (18) of section

981

668.50, Florida Statutes, is amended to read:

982

668.50 Uniform Electronic Transaction Act.--

983

(18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY

984

GOVERNMENTAL AGENCIES.--

985

(b) To the extent that a governmental agency uses

986

electronic records and electronic signatures under paragraph (a),

987

the Agency for Enterprise Information Technology state technology

988

office, in consultation with the governmental agency, giving due

989

consideration to security, may specify:

990

1. The manner and format in which the electronic records

991

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

992

stored and the systems established for those purposes.

993

2. If electronic records must be signed by electronic

994

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

995

format in which the electronic signature must be affixed to the

996

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

997

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

998

facilitate the process.

999

3. Control processes and procedures as appropriate to

1000

ensure adequate preservation, disposition, integrity, security,

1001

confidentiality, and auditability of electronic records.

1002

4. Any other required attributes for electronic records

1003

which are specified for corresponding nonelectronic records or

1004

reasonably necessary under the circumstances.

1005

Section 17. All data center functions performed, managed,

1006

operated, or supported by state agencies with resources and

1007

equipment currently located in a state primary data center

1008

created by this act, excluding application development, shall be

1009

transferred to the primary data center and that agency shall

1010

become a full-service customer entity by July 1, 2010. All

1011

resources and equipment located in the primary data center shall

1012

be operated, managed, and controlled by the primary data center.

1013

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

1014

center hardware, software, staff, contracted services, and

1015

facility resources performing data center management and

1016

operations, security, production control, backup and recovery,

1017

disaster recovery, system administration, database

1018

administration, system programming, job control, production

1019

control, print, storage, technical support, help desk, and

1020

managed services.

1021

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

1022

a customer entity of a primary data center shall:

1023

(a) By October 1, 2009, submit a plan to the board of

1024

trustees of the appropriate primary data center describing costs

1025

and resources currently used to manage and maintain hardware and

1026

operating and support software housed at the primary data center,

1027

and a plan for transferring all resources allocated to data

1028

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

1029

1. Include the itemized expenditures for all of the related

1030

equipment and software in the previous 5 fiscal years.

1031

2. Propose averages or weighted averages for transferring

1032

spending authority related to equipment and software based upon

1033

spending in the previous 5 fiscal years and projected needs for

1034

the upcoming 2 fiscal years.

1035

(b) Submit with its 2010-2011 legislative budget request

1036

budget adjustments necessary to accomplish the transfers. These

1037

adjustments shall include budget requests to replace existing

1038

spending authority in the appropriations categories used to

1039

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

1040

support software with an amount in a single appropriation

1041

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

1042

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

1043

shall:

1044

(a) Be responsible for the efficient transfer of resources

1045

in user agencies relating to the provision of full services and

1046

shall coordinate the legislative budget requests of the affected

1047

agencies.

1048

(b) Include in its 2010-2011 legislative budget request

1049

additional budget authority to accommodate the transferred

1050

functions.

1051

1052

entities at its annual budget meeting held before July 1, 2010,

1053

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

1054

Section 18. (1) The computing requirements currently

1055

provided by the mainframe resources of the Department of

1056

Transportation and the Department of Highway Safety and Motor

1057

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

1058

the Suwannee and Kirkman Data Centers, respectively, and the

1059

Southwood Shared Resource Center, shall, by the first weekend

1060

after July 1, 2009, be consolidated within the Southwood Shared

1061

Resource Center.

1062

(a) Mainframe consolidation may be achieved through any

1063

combination of strategies that leverage the primary data center's

1064

economies of scale and negotiating strengths as the single

1065

provider of mainframe services to achieve savings for the state.

1066

(b) The Agency for Enterprise Information Technology in

1067

coordination with the Southwood Shared Resource Center shall

1068

negotiate with vendors providing mainframe hardware, operating

1069

and support software, mainframe peripherals, and related

1070

services.

1071

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

1072

(a) "Application software" means software that directly

1073

collects and processes data, directly automates government

1074

business processes, or directly renders government data into

1075

information.

1076

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

1077

processed by a mainframe, devices exclusively used to facilitate

1078

communication with mainframes, printers that print mainframe

1079

jobs, and any device directly connected to a mainframe.

1080

1081

facilitate the use of hardware and other software.

1082

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

1083

software or application software.

1084

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

1085

Center and each mainframe agency shall establish a service-level

1086

agreement for the mainframe transition period. The service-level

1087

agreement shall, at a minimum, include:

1088

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

1089

the mainframe agency expects to use for the applicable period,

1090

including commitments and any related impending changes.

1091

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

1092

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

1093

services provided.

1094

1095

Shared Resource Center to the mainframe agency.

1096

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

1097

conjunction with the Southwood Shared Resource Center, shall

1098

implement the following regarding the mainframes used by the

1099

agency:

1100

(a) Identification of staff, including vendors, responsible

1101

for managing, operating, and supporting each mainframe and

1102

mainframe peripherals who shall report to and be supervised by

1103

managers of the Southwood Shared Resource Center.

1104

(b) Identification of mainframe hardware, mainframe

1105

operating and support software, and mainframe peripherals owned

1106

by the mainframe agency which shall become the property of the

1107

Southwood Shared Resource Center.

1108

1109

upgrades shall be made by the Southwood Shared Resource Center.

1110

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

1111

the Southwood Shared Resource Center with the following:

1112

(a) Comprehensive itemized inventories of mainframe

1113

hardware, support software, and peripherals.

1114

(b) A comprehensive itemized list and description of all

1115

contracts, including a copy of each contract, for mainframe

1116

hardware, operating and support software, peripherals, and

1117

services.

1118

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

1119

negotiations have been completed, the Southwood Shared Resource

1120

Center shall submit a plan for implementing mainframe

1121

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

1122

Enterprise Information Technology, the Governor and Cabinet, the

1123

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

1124

Representatives. The plan must include:

1125

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

1126

adjustments for the 2009-2010 fiscal year, and expenditures

1127

necessary to complete the consolidation.

1128

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

1129

consolidation.

1130

1131

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

1132

(a) The Southwood Shared Resource Center shall implement a

1133

cost-allocation plan for the purpose of establishing prices and

1134

total estimated costs for the remainder of the current fiscal

1135

year and the first full year the mainframe services will be

1136

provided to the mainframe agency.

1137

(b) The Southwood Shared Resource Center and the mainframe

1138

agencies shall establish service-level agreements.

1139

(8) In order to establish the appropriate budget authority

1140

to implement the consolidation of mainframe services within the

1141

Southwood Shared Resource Center:

1142

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

1143

each mainframe agency shall decrease full-time equivalent

1144

positions and transfer spending authority in the existing

1145

appropriation categories which would have been used to maintain

1146

and operate mainframe services to the appropriation category

1147

necessary to pay for mainframe services at the Southwood Shared

1148

Resource Center.

1149

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

1150

the Southwood Shared Resource Center shall request full-time

1151

equivalent positions, not to exceed the number of positions

1152

deleted in the mainframe agencies, and spending authority

1153

necessary to deliver mainframe services to each mainframe agency.

1154

Section 19. Section 282.20, Florida Statutes, is repealed.

1155

Section 20. Subsection (2) of section 282.322, Florida

1156

Statutes, is repealed.

1157

Section 21. This act shall take effect upon becoming a law.

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