Florida Senate - 2014         (PROPOSED COMMITTEE BILL) SPB 7024
       
       
        
       FOR CONSIDERATION By the Committee on Governmental Oversight and
       Accountability
       
       
       
       
       585-00728B-14                                         20147024__
    1                        A bill to be entitled                      
    2         An act relating to state technology; repealing s.
    3         14.204, F.S., relating to the Agency for Enterprise
    4         Information Technology within the Executive Office of
    5         the Governor; creating s. 20.61, F.S.; creating the
    6         Agency for State Technology within the Department of
    7         Management Services; providing for an executive
    8         director and other permanent positions; creating a
    9         Technology Advisory Council and providing for
   10         membership; amending s. 282.0041, F.S.; revising and
   11         defining terms used in the Enterprise Information
   12         Technology Services Management Act; creating s.
   13         282.0051, F.S.; providing the powers, duties, and
   14         functions of the Agency for State Technology;
   15         authorizing the agency to adopt rules; providing
   16         exceptions for certain departments; repealing s.
   17         282.0055, F.S., relating to the assignment of
   18         information technology resource and service
   19         responsibilities; repealing s. 282.0056, F.S.,
   20         relating to the development of an annual work plan,
   21         the development of implementation plans, and policy
   22         recommendations relating to enterprise information
   23         technology services; amending s. 282.201, F.S.;
   24         providing for a state data center and the duties of
   25         the center; deleting duties for the Agency for
   26         Enterprise Information Technology; revising the
   27         schedule for consolidating agency data centers and
   28         deleting obsolete provisions; revising the limitations
   29         on state agencies; repealing s. 282.203, F.S.,
   30         relating to primary data centers; repealing s.
   31         282.204, F.S., relating to the Northwood Shared
   32         Resource Center; repealing s. 282.205, F.S., relating
   33         to the Southwood Shared Resource Center; amending s.
   34         282.318, F.S.; conforming provisions to changes made
   35         by the act; revising the duties of the state agencies
   36         with respect to information security; repealing s.
   37         282.33, F.S., relating to objective standards for data
   38         center energy efficiency; repealing s. 282.34, F.S.,
   39         relating to statewide e-mail service; amending ss.
   40         17.0315, 20.055, 110.205, 215.322, and 215.96, F.S.;
   41         conforming provisions to changes made by the act;
   42         amending s. 216.023, F.S.; requiring the governance
   43         structure of information technology projects to
   44         incorporate certain standards; amending s. 287.057,
   45         F.S.; requiring the Department of Management Services
   46         to consult with the agency with respect to the online
   47         procurement of commodities; amending ss. 445.011,
   48         445.045, and 668.50, F.S.; conforming provisions to
   49         changes made by the act; amending s. 943.0415, F.S.;
   50         providing additional duties for the Cybercrime Office
   51         in the Department of Law Enforcement relating to cyber
   52         security; requiring the office to provide cyber
   53         security training to state agency employees; requiring
   54         the office to consult with the agency; amending s.
   55         1004.649, F.S.; revising provisions relating to the
   56         Northwest Regional Data Center; revising the center’s
   57         duties and the content of service-level agreements
   58         with state agency customers; transferring the
   59         components of the Agency for Enterprise Information
   60         Technology to the Agency for State Technology;
   61         providing that certain rules adopted by the Agency for
   62         Enterprise Information Technology are nullified;
   63         transferring the Northwood Shared Resource Center and
   64         the Southwood Shared Resource Center to the Agency for
   65         State Technology; requiring the Agency for State
   66         Technology to complete a feasibility study relating to
   67         managing state government data; specifying the
   68         components of the study; requiring the study to be
   69         submitted to the Governor and Legislature by a certain
   70         date; creating the State Data Center Task Force;
   71         specifying the membership and purpose of the task
   72         force; providing for expiration; providing an
   73         appropriation; providing effective dates.
   74          
   75  Be It Enacted by the Legislature of the State of Florida:
   76  
   77         Section 1. Section 14.204, Florida Statutes, is repealed.
   78         Section 2. Section 20.61, Florida Statutes, is created to
   79  read:
   80         20.61 Agency for State Technology.—The Agency for State
   81  Technology is created within the Department of Management
   82  Services.
   83         (1) The agency is a separate budget entity and is not
   84  subject to control, supervision, or direction by the department,
   85  including, but not limited to, purchasing, transactions
   86  involving real or personal property, personnel, or budgetary
   87  matters.
   88         (2) The agency shall be headed by an executive director
   89  appointed by the Governor and subject to the confirmation of the
   90  Senate. The executive director shall be the State Chief
   91  Information Officer.
   92         (a) The executive director must be a proven, effective
   93  administrator who preferably has executive-level experience in
   94  both the public and private sectors.
   95         (b) The Governor shall conduct a thorough search to find
   96  the most qualified candidate and in conducting such a search,
   97  the Governor shall place emphasis on the development and
   98  implementation of information technology strategic planning;
   99  management of enterprise information technology projects,
  100  particularly management of large-scale consolidation projects;
  101  and development and implementation of fiscal and substantive
  102  information technology policy.
  103         (3) The following positions are established within the
  104  agency, all of which shall be appointed by the executive
  105  director:
  106         (a) A Deputy State Chief Information Officer.
  107         (b) A Chief Planning Officer and six Strategic Planning
  108  Coordinators with one coordinator assigned to each of the
  109  following major program areas: health and human services,
  110  education, government operations, criminal and civil justice,
  111  agriculture and natural resources, and transportation and
  112  economic development.
  113         (c) A Chief Operations Officer.
  114         (d) A Chief Information Security Officer.
  115         (e) A Chief Technology Officer.
  116         (4) The Technology Advisory Council, consisting of seven
  117  members, is established and shall be maintained within the
  118  agency pursuant to s. 20.052. Four members, two of whom must be
  119  from the private sector, shall be appointed by the Governor; one
  120  member shall be appointed by the Cabinet; and one member each
  121  shall be appointed by the President of the Senate and the
  122  Speaker of the House of Representatives. Upon initial
  123  establishment of the council, two of the Governor’s appointments
  124  shall be for 2-year terms. Thereafter all appointments shall be
  125  for 4-year terms.
  126         (a) The council shall consider and make recommendations to
  127  the executive director of the agency on such matters as
  128  enterprise information technology policies, standards, services,
  129  and architecture.
  130         (b) The executive director of the agency shall consult with
  131  the council with regard to executing the duties and
  132  responsibilities of the agency related to statewide information
  133  technology strategic planning and policy.
  134         (c) The council shall be governed by the code of ethics for
  135  public officers and employees as set forth in part III of
  136  chapter 112 and each member must file a statement of financial
  137  interests pursuant to s. 112.3145.
  138         Section 3. Section 282.0041, Florida Statutes, is amended
  139  to read:
  140         282.0041 Definitions.—As used in this chapter, the term:
  141         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  142  except that for purposes of this chapter, “agency” does not
  143  include university boards of trustees or state universities.
  144         (2) “Agency for Enterprise Information Technology” means
  145  the agency created in s. 14.204.
  146         (3) “Agency information technology service” means a service
  147  that directly helps an agency fulfill its statutory or
  148  constitutional responsibilities and policy objectives and is
  149  usually associated with the agency’s primary or core business
  150  functions.
  151         (4) “Annual budget meeting” means a meeting of the board of
  152  trustees of a primary data center to review data center usage to
  153  determine the apportionment of board members for the following
  154  fiscal year, review rates for each service provided, and
  155  determine any other required changes.
  156         (1)(5) “Breach” has the same meaning as in s. 817.5681(4).
  157         (2)(6) “Business continuity plan” means a collection of
  158  procedures and information used to maintain an agency’s critical
  159  operations during a period of displacement or interruption of
  160  normal operations plan for disaster recovery which provides for
  161  the continued functioning of a primary data center during and
  162  after a disaster.
  163         (3)(7) “Computing facility” means agency space containing
  164  fewer than a total of 10 physical or logical servers, any of
  165  which supports a strategic or nonstrategic information
  166  technology service, as described in budget instructions
  167  developed pursuant to s. 216.023, but excluding single, logical
  168  server installations that exclusively perform a utility function
  169  such as file and print servers.
  170         (4)(8) “Customer entity” means an entity that obtains
  171  services from a state primary data center.
  172         (5)(9) “Data center” means agency space containing 10 or
  173  more physical or logical servers any of which supports a
  174  strategic or nonstrategic information technology service, as
  175  described in budget instructions developed pursuant to s.
  176  216.023.
  177         (6)(10) “Department” means the Department of Management
  178  Services.
  179         (7) “Disaster recovery” means the processes, policies,
  180  procedures, and infrastructure that relate to preparing for and
  181  implementing recovery or continuation of an organization’s vital
  182  technology infrastructure after a natural or human–induced
  183  disaster.
  184         (8)(11) “Enterprise information technology service” means
  185  an information technology service that is used in all agencies
  186  or a subset of agencies and is established in law to be
  187  designed, delivered, and managed at the enterprise level.
  188         (12) “E-mail, messaging, and calendaring service” means the
  189  enterprise information technology service that enables users to
  190  send, receive, file, store, manage, and retrieve electronic
  191  messages, attachments, appointments, and addresses. The e-mail,
  192  messaging, and calendaring service must include e-mail account
  193  management; help desk; technical support and user provisioning
  194  services; disaster recovery and backup and restore capabilities;
  195  antispam and antivirus capabilities; archiving and e-discovery;
  196  and remote access and mobile messaging capabilities.
  197         (9) “Event” means an observable occurrence in a system or
  198  network.
  199         (10) “Incident” means a violation or imminent threat of
  200  violation of computer security policies, acceptable use
  201  policies, or standard security practices. An imminent threat of
  202  violation exists when a state agency has a factual basis for
  203  believing that a specific incident is about to occur.
  204         (13) “Information-system utility” means a full-service
  205  information-processing facility offering hardware, software,
  206  operations, integration, networking, and consulting services.
  207         (11)(14) “Information technology” means equipment,
  208  hardware, software, firmware, programs, systems, networks,
  209  infrastructure, media, and related material used to
  210  automatically, electronically, and wirelessly collect, receive,
  211  access, transmit, display, store, record, retrieve, analyze,
  212  evaluate, process, classify, manipulate, manage, assimilate,
  213  control, communicate, exchange, convert, converge, interface,
  214  switch, or disseminate information of any kind or form.
  215         (12)(15) “Information technology policy” means a specific
  216  course or method of action selected from among alternatives that
  217  guide and determine present and future decisions statements that
  218  describe clear choices for how information technology will
  219  deliver effective and efficient government services to residents
  220  and improve state agency operations. A policy may relate to
  221  investments, business applications, architecture, or
  222  infrastructure. A policy describes its rationale, implications
  223  of compliance or noncompliance, the timeline for implementation,
  224  metrics for determining compliance, and the accountable
  225  structure responsible for its implementation.
  226         (13) “Information technology resources” has the same
  227  meaning as in s. 119.011.
  228         (14)(16) “Performance metrics” means the measures of an
  229  organization’s activities and performance.
  230         (15)(17) “Primary data center” means a data center that is
  231  a recipient entity for consolidation of state agency nonprimary
  232  data centers and computing facilities and that is established by
  233  law.
  234         (16)(18) “Project” means an endeavor that has a defined
  235  start and end point; is undertaken to create or modify a unique
  236  product, service, or result; and has specific objectives that,
  237  when attained, signify completion.
  238         (17) “Project oversight” means an independent review and
  239  analysis of an information technology project in order to
  240  provide information on the project’s scope, completion
  241  timeframes, and budget and should identify and quantify any
  242  issues or risks affecting the successful and timely completion
  243  of the project.
  244         (18)(19) “Risk assessment analysis” means the process of
  245  identifying security risks, determining their magnitude, and
  246  identifying areas needing safeguards.
  247         (19)(20) “Service level” means the key performance
  248  indicators (KPI) of an organization or service which must be
  249  regularly performed, monitored, and achieved.
  250         (20)(21) “Service-level agreement” means a written contract
  251  between a data center and a customer entity which specifies the
  252  scope of services provided, service level, the duration of the
  253  agreement, the responsible parties, and service costs. A
  254  service-level agreement is not a rule pursuant to chapter 120.
  255         (21) “Stakeholder” means an individual, group,
  256  organization, or state agency involved in or affected by a
  257  course of action.
  258         (22) “Standards” means required practices, controls,
  259  components, or configurations established by an authority.
  260         (23) “State agency” has the same meaning as in s. 216.011,
  261  but does not include university boards of trustees or state
  262  universities.
  263         (24) “State data center” means an enterprise information
  264  technology service provider that is the recipient entity for the
  265  consolidation of state agency data centers and computing
  266  facilities and that establishes, implements, operates, monitors,
  267  reviews, maintains, and physically or virtually improves
  268  information technology services designated by the Agency for
  269  State Technology in compliance with the operating guidelines and
  270  procedures set forth by the agency pursuant to s. 282.0051(11).
  271         (25)(23) “SUNCOM Network” means the state enterprise
  272  telecommunications system that provides all methods of
  273  electronic or optical telecommunications beyond a single
  274  building or contiguous building complex and used by entities
  275  authorized as network users under this part.
  276         (26)(24) “Telecommunications” means the science and
  277  technology of communication at a distance, including electronic
  278  systems used in the transmission or reception of information.
  279         (27)(25) “Threat” means any circumstance or event that has
  280  the potential to adversely affect a state agency’s operation or
  281  assets through an information system by means of unauthorized
  282  access, destruction, disclosure, modification of information, or
  283  denial of service may cause harm to the integrity, availability,
  284  or confidentiality of information technology resources.
  285         (28) “Variance” means a calculated value that illustrates a
  286  positive or negative deviation from a projection measured
  287  against documented estimations within a project plan.
  288         (26) “Total cost” means all costs associated with
  289  information technology projects or initiatives, including, but
  290  not limited to, value of hardware, software, service,
  291  maintenance, incremental personnel, and facilities. Total cost
  292  of a loan or gift of information technology resources to an
  293  agency includes the fair market value of the resources.
  294         (27) “Usage” means the billing amount charged by the
  295  primary data center, less any pass-through charges, to the
  296  customer entity.
  297         (28) “Usage rate” means a customer entity’s usage or
  298  billing amount as a percentage of total usage.
  299         Section 4. Section 282.0051, Florida Statutes, is created
  300  to read:
  301         282.0051 Agency for State Technology; powers, duties, and
  302  functions.—
  303         (1) The Agency for State Technology has the following
  304  powers, duties, and functions:
  305         (a) Developing and publishing information technology policy
  306  for the management of the state’s information technology
  307  resources.
  308         (b) Establishing and publishing information technology
  309  architecture standards to achieve the most efficient use of the
  310  state’s information technology resources and to ensure
  311  compatibility and alignment with the needs of state agencies.
  312  The agency shall assist state agencies in complying with such
  313  standards.
  314         (c) By June 30, 2015, establishing project management and
  315  project oversight standards that state agencies must comply with
  316  while implementing information technology projects. The Agency
  317  for State Technology shall provide training opportunities to
  318  state agencies to assist in the adoption of the project
  319  management and oversight standards. To support data-driven
  320  decisionmaking, such standards must include, but are not limited
  321  to:
  322         1. Performance measurements and metrics that objectively
  323  reflect the status of an information technology project based on
  324  the defined and documented project scope, cost, and schedule.
  325         2. Methodologies for calculating acceptable variance ranges
  326  in the projected versus actual scope, schedule, or cost of an
  327  information technology project.
  328         3. Reporting requirements that provide project visibility
  329  to all identified stakeholders, including instances in which an
  330  information technology project exceeds the acceptable variance
  331  ranges as defined and documented in the project plan.
  332         4. The content, format, and frequency of project updates.
  333         (d) Beginning January 1, 2015, performing project oversight
  334  on all information technology projects that have total project
  335  costs of $10 million or more and that are funded in the General
  336  Appropriations Act or under state law. The agency shall report
  337  at least quarterly to the Executive Office of the Governor, the
  338  President of the Senate, and the Speaker of the House of
  339  Representatives on any information technology project the agency
  340  identifies as being a high-risk project that may exceed the
  341  acceptable variance ranges as defined and documented in the
  342  project plan. The report must include an assessment of the risk
  343  levels, including fiscal risks, associated with proceeding to
  344  the next stage of the project and a recommendation for requiring
  345  corrective action, which includes suspending or terminating the
  346  project.
  347         (e) By October 15, 2015, and biennially thereafter,
  348  identifying opportunities for standardizing and consolidating
  349  information technology services that support business functions
  350  and operations, including administrative functions such as
  351  purchasing, accounting and reporting, cash management, and
  352  personnel, which are common across state agencies, and providing
  353  recommendations for such standardization and consolidation to
  354  the Executive Office of the Governor, the President of the
  355  Senate, and the Speaker of the House of Representatives.
  356         (f) In collaboration with the department, establishing best
  357  practices for the procurement of information technology products
  358  in order to reduce costs, increase productivity, or improve
  359  services. Such practices must include a provision that requires
  360  the agency to review all information technology purchases made
  361  by state agencies which have a total cost of $250,000 or more,
  362  unless a purchase is specifically mandated by the Legislature,
  363  for compliance with the standards established pursuant to this
  364  section.
  365         (g) Advising and collaborating with the department in
  366  conducting procurement negotiations for information technology
  367  products that will be used by multiple state agencies, and
  368  collaborating with the department in information technology
  369  resource acquisition planning.
  370         (h) Establishing standards for information technology
  371  reports and updates for use by state agencies which include, but
  372  are not limited to, operational work plans, project spending
  373  plans, and project status reports.
  374         (i) Upon request, assisting state agencies in the
  375  development of their information technology-related legislative
  376  budget requests.
  377         (j) Conducting annual assessments of state agencies to
  378  determine their compliance with information technology standards
  379  and guidelines developed and published by the Agency for State
  380  Technology and provide results of the assessments to the
  381  Executive Office of the Governor, the President of the Senate,
  382  and the Speaker of the House of Representatives.
  383         (k) Providing operational management and oversight of the
  384  state data center established pursuant to s. 282.201, which
  385  includes:
  386         1. Implementing industry standards and best practices for
  387  the state data center’s facilities, operations, maintenance,
  388  planning, and management processes.
  389         2. Developing and implementing cost-recovery mechanisms
  390  that recover the full cost of services, including direct and
  391  indirect costs, through charges to applicable customer entities.
  392  Such mechanisms must comply with applicable state and federal
  393  requirements relating to the distribution and use of such funds
  394  and must ensure that for any fiscal year a service or customer
  395  entity is not subsidizing another service or customer entity.
  396         3. Establishing operating guidelines and procedures
  397  necessary for the state data center to perform its duties
  398  pursuant to s. 282.201 which comply with applicable state and
  399  federal laws, rules, and policies and are in accordance with
  400  generally accepted governmental accounting and auditing
  401  standards. Such guidelines and procedures must include, but need
  402  not be limited to:
  403         a. Implementing a consolidated administrative support
  404  structure that is responsible for the provision of financial
  405  management, procurement, transactions involving real or personal
  406  property, human resources, and operational support.
  407         b. Implementing an annual reconciliation process to ensure
  408  that each customer entity is paying for the full direct and
  409  indirect cost of each service as determined by the customer
  410  entity’s use of each service.
  411         c. Providing rebates, which may be credited against future
  412  billings, to customer entities when revenues exceed costs.
  413         d. Requiring a customer entity to validate that sufficient
  414  funds are in or will be transferred into the appropriate data
  415  processing appropriation category before implementing a customer
  416  entity’s request for a change in the type or level of service if
  417  such change results in a net increase to the customer entity’s
  418  costs for that fiscal year.
  419         e. Providing to each customer entity’s agency head by
  420  September 1 of each year the projected costs to provide data
  421  center services for the following fiscal year.
  422         f. Providing a plan for consideration by the Legislative
  423  Budget Commission if the cost of a service is increased for a
  424  reason other than a customer entity’s request pursuant to
  425  subparagraph 4. which results in a net increase to the customer
  426  entity for that fiscal year.
  427         g. Standardizing and consolidating procurement and
  428  contracting practices.
  429         4. In collaboration with the Department of Law Enforcement,
  430  developing and implementing a process for detecting, reporting,
  431  and responding to information technology security incidents,
  432  breaches, or threats.
  433         5. Adopting rules relating to the operation of the state
  434  data center, which include, but are not limited to, its
  435  budgeting and accounting procedures, cost-recovery
  436  methodologies, and operating procedures.
  437         6. Consolidating contract practices and coordinating
  438  software, hardware, or other technology-related procurements.
  439         7. Annually conducting a market analysis to determine if
  440  the state’s approach to the provision of data center services is
  441  the most effective and efficient manner by which its customer
  442  entities can acquire such services based on federal, state, and
  443  local government trends, best practices in service provision,
  444  and the acquisition of new and emerging technologies. The
  445  results of the market analysis should assist the state data
  446  center in making any necessary adjustments to its data center
  447  service offerings.
  448         (l) Recommending other information technology services that
  449  should be designed, delivered, and managed as enterprise
  450  information technology services. Such recommendations should
  451  include the identification of any existing information
  452  technology resources associated with such services which would
  453  need to be transferred as a result of such services being
  454  delivered and managed as enterprise information technology
  455  services.
  456         (m) Recommending any further agency computing facility or
  457  data center consolidations into the state data center
  458  established pursuant to s. 282.201. Such recommendations should
  459  include the proposed timeline for the consolidation.
  460         (n) In consultation with state agencies, proposing
  461  methodology and approaches for identifying and collecting both
  462  current and planned information technology expenditure data at
  463  the state agency level.
  464         (o) Adopting rules to administer this section.
  465         (2) The Department of Financial Services, the Department of
  466  Legal Affairs, and the Department of Agriculture and Consumer
  467  Services are not subject to the standards, services, and
  468  functions established by the Agency for State Technology under
  469  this section. However:
  470         (a) Each department may contract separately with the agency
  471  to provide and perform any of such services and functions for
  472  the department and shall adopt the standards established by the
  473  agency pursuant to paragraphs (1)(b), (1)(c), and (1)(h) or
  474  adopt alternative standards based on best practices or industry
  475  standards.
  476         (b) The Department of Financial Services, Department of
  477  Legal Affairs and the Department of Agriculture and Consumer
  478  Services are subject to the authority of the Agency for State
  479  Technology under this section for any technology project whose
  480  project scope affects another state agency and which has a total
  481  project cost of $50 million or more funded in the General
  482  Appropriations Act or under state law. This authority applies to
  483  the specific technology project.
  484         Section 5. Section 282.0055, Florida Statutes, is repealed.
  485         Section 6. Section 282.0056, Florida Statutes, is repealed.
  486         Section 7. Section 282.201, Florida Statutes, is amended to
  487  read:
  488         282.201 State data center system; agency duties and
  489  limitations.—The A state data center system that includes all
  490  primary data centers, other nonprimary data centers, and
  491  computing facilities, and that provides an enterprise
  492  information technology service as defined in s. 282.0041, is
  493  established as a primary data center within the Agency for State
  494  Technology and includes the facilities formerly known as the
  495  Northwood Shared Resource Center and the Southwood Shared
  496  Resource Center.
  497         (1) INTENT.—The Legislature finds that the most efficient
  498  and effective means of providing quality utility data processing
  499  services to state agencies requires that computing resources be
  500  concentrated in quality facilities that provide the proper
  501  security, disaster recovery, infrastructure, and staff resources
  502  to ensure that the state’s data is maintained reliably and
  503  safely, and is recoverable in the event of a disaster.
  504  Efficiencies resulting from such consolidation include the
  505  increased ability to leverage technological expertise and
  506  hardware and software capabilities; increased savings through
  507  consolidated purchasing decisions; and the enhanced ability to
  508  deploy technology improvements and implement new policies
  509  consistently throughout the consolidated organization. Unless
  510  otherwise exempt by law, it is the intent of the Legislature
  511  that all agency data centers and computing facilities be
  512  consolidated into the state a primary data center by 2019.
  513         (2) STATE DATA CENTER DUTIES.—The state data center shall:
  514         (a) Offer, develop, and support the services and
  515  applications as provided in the service-level agreements
  516  executed with its customer entities.
  517         (b) Maintain the performance of the state data center,
  518  which includes ensuring proper data backup, data backup
  519  recovery, a disaster recovery plan, appropriate security, power,
  520  cooling, fire suppression, and capacity.
  521         (c) Develop a business continuity plan and a disaster
  522  recovery plan, and conduct a live exercise of these plans at
  523  least annually.
  524         (d) Enter into a service level agreement with each customer
  525  entity to provide the required type and level of service or
  526  services. If a customer entity fails to execute an agreement
  527  within 60 days after the commencement of a service, the state
  528  data center may cease service. A service level agreement may not
  529  have a term exceeding 3 years and at a minimum must:
  530         1.Identify the parties and their roles, duties, and
  531  responsibilities under the agreement.
  532         2.State the duration of the contractual term and specify
  533  the conditions for renewal.
  534         3. Identify the scope of work.
  535         4. Identify the products or services to be delivered with
  536  sufficient specificity to permit an external financial or
  537  performance audit.
  538         5. Establish the services to be provided, the business
  539  standards that must be met for each service, the cost of each
  540  service, and the metrics and processes by which the business
  541  standards for each service are to be objectively measured and
  542  reported.
  543         6. Provide a timely billing methodology for recovering the
  544  cost of services provided to the customer entity pursuant to s.
  545  215.422.
  546         7. Provide a procedure for modifying the service level
  547  agreement based on changes in the type, level, and cost of a
  548  service.
  549         8. Provide that a service level agreement may be terminated
  550  by either party for cause only after giving the other party and
  551  the Agency for State Technology notice in writing of the cause
  552  for termination and an opportunity for the other party to
  553  resolve the identified cause within a reasonable period.
  554         9. Provide for the mediation of disputes by the Division of
  555  Administrative Hearings pursuant to s. 120.573.
  556         (e)Be the custodian of resources and equipment that are
  557  located, operated, supported, and managed by the state data
  558  center for the purposes of chapter 273.
  559         (f)Assume administrative access rights to the resources
  560  and equipment, such as servers, network components, and other
  561  devices that are consolidated into the state data center.
  562         1. On the date of each consolidation specified in this
  563  section, the General Appropriations Act, or the Laws of Florida,
  564  each state agency shall relinquish all administrative rights to
  565  such resources and equipment. State agencies required to comply
  566  with federal security regulations and policies shall retain
  567  administrative access rights sufficient to comply with the
  568  management control provisions of those regulations and policies;
  569  however, the state data center shall have the appropriate type
  570  or level of rights to allow the center to comply with its duties
  571  pursuant to this section. The Department of Law Enforcement
  572  shall serve as the arbiter of any disputes which may arise
  573  regarding the appropriate type and level of administrative
  574  access rights relating to the provision of management control in
  575  accordance with federal criminal justice information guidelines.
  576         2.The state data center shall provide its customer
  577  entities with access to applications, servers, network
  578  components, and other devices necessary for state agencies to
  579  perform business activities and functions, and as defined and
  580  documented in the service level agreement.
  581         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  582  The Agency for Enterprise Information Technology shall:
  583         (a) Collect and maintain information necessary for
  584  developing policies relating to the data center system,
  585  including, but not limited to, an inventory of facilities.
  586         (b) Annually approve cost-recovery mechanisms and rate
  587  structures for primary data centers which recover costs through
  588  charges to customer entities.
  589         (c) By September 30 of each year, submit to the
  590  Legislature, the Executive Office of the Governor, and the
  591  primary data centers recommendations to improve the efficiency
  592  and cost-effectiveness of computing services provided by state
  593  data center system facilities. Such recommendations must
  594  include, but need not be limited to:
  595         1. Policies for improving the cost-effectiveness and
  596  efficiency of the state data center system, which includes the
  597  primary data centers being transferred to a shared, virtualized
  598  server environment, and the associated cost savings resulting
  599  from the implementation of such policies.
  600         2. Infrastructure improvements supporting the consolidation
  601  of facilities or preempting the need to create additional data
  602  centers or computing facilities.
  603         3. Uniform disaster recovery standards.
  604         4. Standards for primary data centers which provide cost
  605  effective services and transparent financial data to user
  606  agencies.
  607         5. Consolidation of contract practices or coordination of
  608  software, hardware, or other technology-related procurements and
  609  the associated cost savings.
  610         6. Improvements to data center governance structures.
  611         (d) By October 1 of each year, provide recommendations to
  612  the Governor and Legislature relating to changes to the schedule
  613  for the consolidations of state agency data centers as provided
  614  in subsection (4).
  615         1. The recommendations must be based on the goal of
  616  maximizing current and future cost savings by:
  617         a. Consolidating purchase decisions.
  618         b. Leveraging expertise and other resources to gain
  619  economies of scale.
  620         c. Implementing state information technology policies more
  621  effectively.
  622         d. Maintaining or improving the level of service provision
  623  to customer entities.
  624         2. The agency shall establish workgroups as necessary to
  625  ensure participation by affected agencies in the development of
  626  recommendations related to consolidations.
  627         (e) Develop and establish rules relating to the operation
  628  of the state data center system which comply with applicable
  629  federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
  630  The rules must address:
  631         1. Ensuring that financial information is captured and
  632  reported consistently and accurately.
  633         2. Identifying standards for hardware, including standards
  634  for a shared, virtualized server environment, and operations
  635  system software and other operational software, including
  636  security and network infrastructure, for the primary data
  637  centers; requiring compliance with such standards in order to
  638  enable the efficient consolidation of the agency data centers or
  639  computing facilities; and providing an exemption process from
  640  compliance with such standards, which must be consistent with
  641  paragraph (5)(b).
  642         3. Requiring annual full cost recovery on an equitable
  643  rational basis. The cost-recovery methodology must ensure that
  644  no service is subsidizing another service and may include
  645  adjusting the subsequent year’s rates as a means to recover
  646  deficits or refund surpluses from a prior year.
  647         4. Requiring that any special assessment imposed to fund
  648  expansion is based on a methodology that apportions the
  649  assessment according to the proportional benefit to each
  650  customer entity.
  651         5. Requiring that rebates be given when revenues have
  652  exceeded costs, that rebates be applied to offset charges to
  653  those customer entities that have subsidized the costs of other
  654  customer entities, and that such rebates may be in the form of
  655  credits against future billings.
  656         6. Requiring that all service-level agreements have a
  657  contract term of up to 3 years, but may include an option to
  658  renew for up to 3 additional years contingent on approval by the
  659  board, and require at least a 180-day notice of termination.
  660         (3) STATE AGENCY DUTIES.—
  661         (a) For the purpose of completing the work activities
  662  described in subsections (1) and (2), Each state agency shall
  663  provide to the Agency for State Enterprise Information
  664  Technology all requested information relating to its data
  665  centers and computing facilities and any other information
  666  relevant to the effective agency’s ability to effectively
  667  transition of a state agency data center or computing facility
  668  its computer services into the state a primary data center. The
  669  agency shall also participate as required in workgroups relating
  670  to specific consolidation planning and implementation tasks as
  671  assigned by the Agency for Enterprise Information Technology and
  672  determined necessary to accomplish consolidation goals.
  673         (b) Each state agency customer of the state a primary data
  674  center shall notify the state data center, by May 31 and
  675  November 30 of each year, of any significant changes in
  676  anticipated use utilization of data center services pursuant to
  677  requirements established by the state boards of trustees of each
  678  primary data center.
  679         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  680         (a) Consolidations of agency data centers and computing
  681  facilities shall be made by the date and to the specified state
  682  primary data center facility as provided in this section and in
  683  accordance with budget adjustments contained in the General
  684  Appropriations Act.
  685         (b) By December 31, 2011, the following shall be
  686  consolidated into the Northwest Regional Data Center:
  687         1. The Department of Education’s Knott Data Center in the
  688  Turlington Building.
  689         2. The Department of Education’s Division of Vocational
  690  Rehabilitation.
  691         3. The Department of Education’s Division of Blind
  692  Services, except for the division’s disaster recovery site in
  693  Daytona Beach.
  694         4. The FCAT Explorer.
  695         (c) During the 2011-2012 fiscal year, the following shall
  696  be consolidated into the Southwood Shared Resource Center:
  697         1. By September 30, 2011, the Department of Corrections.
  698         2. By March 31, 2012, the Department of Transportation’s
  699  Burns Building.
  700         3. By March 31, 2012, the Department of Transportation’s
  701  Survey & Mapping Office.
  702         (d) By July 1, 2012, the Department of Highway Safety and
  703  Motor Vehicles’ Office of Commercial Vehicle Enforcement shall
  704  be consolidated into the Northwood Shared Resource Center.
  705         (e) By September 30, 2012, the Department of Revenue’s
  706  Carlton Building and Imaging Center locations shall be
  707  consolidated into the Northwest Regional Data Center.
  708         (f) During the 2012-2013 fiscal year, the following shall
  709  be consolidated into the Northwood Shared Resource Center:
  710         1. By July 1, 2012, the Agency for Health Care
  711  Administration.
  712         2. By August 31, 2012, the Department of Highway Safety and
  713  Motor Vehicles.
  714         3. By December 31, 2012, the Department of Environmental
  715  Protection’s Palmetto Commons.
  716         4. By December 31, 2012, the Department of Health’s Test
  717  and Development Lab and all remaining data center resources
  718  located at the Capital Circle Office Complex.
  719         (g) During the 2013-2014 fiscal year, the following shall
  720  be consolidated into the Southwood Shared Resource Center:
  721         1. By October 31, 2013, the Department of Economic
  722  Opportunity.
  723         2. By December 31, 2013, the Executive Office of the
  724  Governor, to include the Division of Emergency Management except
  725  for the Emergency Operation Center’s management system in
  726  Tallahassee and the Camp Blanding Emergency Operations Center in
  727  Starke.
  728         3. By March 31, 2014, the Department of Elderly Affairs.
  729         (h) By October 30, 2013, the Fish and Wildlife Conservation
  730  Commission, except for the commission’s Fish and Wildlife
  731  Research Institute in St. Petersburg, shall be consolidated into
  732  the Northwood Shared Resource Center.
  733         (i) During the 2014-2015 fiscal year, the following
  734  agencies shall work with the Agency for Enterprise Information
  735  Technology to begin preliminary planning for consolidation into
  736  a primary data center:
  737         1. The Department of Health’s Jacksonville Lab Data Center.
  738         2. The Department of Transportation’s district offices,
  739  toll offices, and the District Materials Office.
  740         3. The Department of Military Affairs’ Camp Blanding Joint
  741  Training Center in Starke.
  742         4. The Camp Blanding Emergency Operations Center in Starke.
  743         5. The Department of Education’s Division of Blind Services
  744  disaster recovery site in Daytona Beach.
  745         6. The Department of Education’s disaster recovery site at
  746  Santa Fe College.
  747         7. The Fish and Wildlife Conservation Commission’s Fish and
  748  Wildlife Research Institute in St. Petersburg.
  749         8. The Department of Children and Family Services’ Suncoast
  750  Data Center in Tampa.
  751         9. The Department of Children and Family Services’ Florida
  752  State Hospital in Chattahoochee.
  753         (j) During the 2015-2016 fiscal year, all computing
  754  resources remaining within an agency data center or computing
  755  facility, to include the Department of Financial Services’
  756  Hartman, Larson, and Fletcher Buildings data centers, shall be
  757  transferred to a primary data center for consolidation unless
  758  otherwise required to remain in the agency for specified
  759  financial, technical, or business reasons that must be justified
  760  in writing and approved by the Agency for Enterprise Information
  761  Technology. Such data centers, computing facilities, and
  762  resources must be identified by the Agency for Enterprise
  763  Information Technology by October 1, 2014.
  764         (b)(k) The Department of Law Enforcement, the Department of
  765  the Lottery’s Gaming System, Systems Design and Development in
  766  the Office of Policy and Budget, the regional traffic management
  767  centers and the Office of Toll Operations of the Department of
  768  Transportation, and the State Board of Administration, state
  769  attorneys, public defenders, criminal conflict and civil
  770  regional counsel, capital collateral regional counsel, the
  771  Florida Clerks of Court Operations Corporation, and the Florida
  772  Housing Finance Corporation are exempt from data center
  773  consolidation under this section.
  774         (c)(l)A state Any agency that is consolidating its agency
  775  data center or computing facility centers into the state a
  776  primary data center must execute a new or update an existing
  777  service-level agreement within 60 days after the commencement of
  778  service specified consolidation date, as required by s.
  779  282.201(2) s. 282.203, in order to specify the services and
  780  levels of service it is to receive from the state primary data
  781  center as a result of the consolidation. If the state an agency
  782  and the state primary data center are unable to execute a
  783  service-level agreement by that date, the agency and the primary
  784  data center shall submit a report to the Executive Office of the
  785  Governor and to the chairs of the legislative appropriations
  786  committees within 5 working days after that date which explains
  787  the specific issues preventing execution and describing the plan
  788  and schedule for resolving those issues.
  789         (m) Beginning September 1, 2011, and every 6 months
  790  thereafter until data center consolidations are complete, the
  791  Agency for Enterprise Information Technology shall provide a
  792  status report on the implementation of the consolidations that
  793  must be completed during the fiscal year. The report shall be
  794  submitted to the Executive Office of the Governor and the chairs
  795  of the legislative appropriations committees. The report must,
  796  at a minimum, describe:
  797         1. Whether the consolidation is on schedule, including
  798  progress on achieving the milestones necessary for successful
  799  and timely consolidation of scheduled agency data centers and
  800  computing facilities.
  801         2. The risks that may affect the progress or outcome of the
  802  consolidation and how these risks are being addressed,
  803  mitigated, or managed.
  804         (d)(n) Each state agency scheduled identified in this
  805  subsection for consolidation into the state a primary data
  806  center shall submit a transition plan to the Agency for State
  807  Technology appropriate primary data center by July 1 of the
  808  fiscal year before the fiscal year in which the scheduled
  809  consolidation will occur. Transition plans shall be developed in
  810  consultation with the state appropriate primary data center
  811  centers and the Agency for Enterprise Information Technology,
  812  and must include:
  813         1. An inventory of the state agency data center’s resources
  814  being consolidated, including all hardware and its associated
  815  life cycle replacement schedule, software, staff, contracted
  816  services, and facility resources performing data center
  817  management and operations, security, backup and recovery,
  818  disaster recovery, system administration, database
  819  administration, system programming, job control, production
  820  control, print, storage, technical support, help desk, and
  821  managed services, but excluding application development, and the
  822  state agency’s costs supporting these resources.
  823         2. A list of contracts in effect, including, but not
  824  limited to, contracts for hardware, software, and maintenance,
  825  which identifies the expiration date, the contract parties, and
  826  the cost of each contract.
  827         3. A detailed description of the level of services needed
  828  to meet the technical and operational requirements of the
  829  platforms being consolidated.
  830         4. A description of resources for computing services
  831  proposed to remain in the department.
  832         4.5. A timetable with significant milestones for the
  833  completion of the consolidation.
  834         (o) Each primary data center shall develop a transition
  835  plan for absorbing the transfer of agency data center resources
  836  based upon the timetables for transition as provided in this
  837  subsection. The plan shall be submitted to the Agency for
  838  Enterprise Information Technology, the Executive Office of the
  839  Governor, and the chairs of the legislative appropriations
  840  committees by September 1 of the fiscal year before the fiscal
  841  year in which the scheduled consolidations will occur. Each plan
  842  must include:
  843         1. The projected cost to provide data center services for
  844  each agency scheduled for consolidation.
  845         2. A staffing plan that identifies the projected staffing
  846  needs and requirements based on the estimated workload
  847  identified in the agency transition plan.
  848         3. The fiscal year adjustments to budget categories in
  849  order to absorb the transfer of agency data center resources
  850  pursuant to the legislative budget request instructions provided
  851  in s. 216.023.
  852         4. An analysis of the cost effects resulting from the
  853  planned consolidations on existing agency customers.
  854         5. A description of any issues that must be resolved in
  855  order to accomplish as efficiently and effectively as possible
  856  all consolidations required during the fiscal year.
  857         (e)(p) Each state agency scheduled identified in this
  858  subsection for consolidation into the state a primary data
  859  center shall submit with its respective legislative budget
  860  request the specific recurring and nonrecurring budget
  861  adjustments of resources by appropriation category into the
  862  appropriate data processing category pursuant to the legislative
  863  budget request instructions in s. 216.023.
  864         (5) AGENCY LIMITATIONS.—
  865         (a) Unless exempt from state data center consolidation
  866  pursuant to this section, authorized by the Legislature, or as
  867  provided in paragraph paragraphs (b) and (c), a state agency may
  868  not:
  869         1. Create a new computing facility or data center, or
  870  expand the capability to support additional computer equipment
  871  in an existing state agency computing facility or nonprimary
  872  data center;
  873         2. Spend funds before the state agency’s scheduled
  874  consolidation into the state a primary data center to purchase
  875  or modify hardware or operations software that does not comply
  876  with hardware and software standards established by the Agency
  877  for State Enterprise Information Technology pursuant to
  878  paragraph (2)(e) for the efficient consolidation of the agency
  879  data centers or computing facilities;
  880         3. Transfer existing computer services to any data center
  881  other than the state a primary data center;
  882         4. Terminate services with the state a primary data center
  883  or transfer services between primary data centers without giving
  884  written notice of intent to terminate or transfer services 180
  885  days before such termination or transfer; or
  886         5. Initiate a new computer service except with the state a
  887  primary data center.
  888         (b) Exceptions to the limitations in subparagraphs (a)1.,
  889  2., 3., and 5. may be granted by the Agency for State Enterprise
  890  Information Technology if there is insufficient capacity in the
  891  state a primary data center to absorb the workload associated
  892  with agency computing services, if expenditures are compatible
  893  with the scheduled consolidation and the standards established
  894  pursuant to s. 282.0051 paragraph (2)(e), or if the equipment or
  895  resources are needed to meet a critical agency business need
  896  that cannot be satisfied by from surplus equipment or resources
  897  of the state primary data center until the agency data center is
  898  consolidated. The Agency for State Technology shall develop and
  899  publish the guidelines and required documentation that a state
  900  agency must comply with when requesting an exception. The
  901  agency’s decision regarding the exception request is not subject
  902  to chapter 120.
  903         1. A request for an exception must be submitted in writing
  904  to the Agency for Enterprise Information Technology. The agency
  905  must accept, accept with conditions, or deny the request within
  906  60 days after receipt of the written request. The agency’s
  907  decision is not subject to chapter 120.
  908         2. At a minimum, the agency may not approve a request
  909  unless it includes:
  910         a. Documentation approved by the primary data center’s
  911  board of trustees which confirms that the center cannot meet the
  912  capacity requirements of the agency requesting the exception
  913  within the current fiscal year.
  914         b. A description of the capacity requirements of the agency
  915  requesting the exception.
  916         c. Documentation from the agency demonstrating why it is
  917  critical to the agency’s mission that the expansion or transfer
  918  must be completed within the fiscal year rather than when
  919  capacity is established at a primary data center.
  920         (c) Exceptions to subparagraph (a)4. may be granted by the
  921  board of trustees of the primary data center if the termination
  922  or transfer of services can be absorbed within the current cost
  923  allocation plan.
  924         (d) Upon the termination of or transfer of agency computing
  925  services from the primary data center, the primary data center
  926  shall require information sufficient to determine compliance
  927  with this section. If a primary data center determines that an
  928  agency is in violation of this section, it shall report the
  929  violation to the Agency for Enterprise Information Technology.
  930         (6) RULES.—The Agency for Enterprise Information Technology
  931  may adopt rules to administer this part relating to the state
  932  data center system including the primary data centers.
  933         Section 8. Section 282.203, Florida Statutes, is repealed.
  934         Section 9. Section 282.204, Florida Statutes, is repealed.
  935         Section 10. Section 282.205, Florida Statutes, is repealed.
  936         Section 11. Section 282.318, Florida Statutes, is amended
  937  to read:
  938         282.318 Enterprise security of data and information
  939  technology.—
  940         (1) This section may be cited as the “Enterprise Security
  941  of Data and Information Technology Act.”
  942         (2) Information technology security is established as an
  943  enterprise information technology service as defined in s.
  944  282.0041.
  945         (2)(3) The Agency for State Enterprise Information
  946  Technology is responsible for establishing standards,
  947  guidelines, and processes by rule which are consistent with
  948  generally accepted best practices for information security and
  949  which ensure rules and publishing guidelines for ensuring an
  950  appropriate level of security for all data and information
  951  technology resources for executive branch agencies. The agency
  952  shall also perform the following duties and responsibilities:
  953         (a) By June 30, 2015, develop, and annually update a
  954  statewide by February 1, an enterprise information security
  955  strategic plan that includes security goals and objectives for
  956  the strategic issues of information security policy, risk
  957  management, training, incident management, and survivability
  958  planning.
  959         (b) Develop and publish an information security framework
  960  for use by state agencies which, at a minimum, includes
  961  guidelines and processes enterprise security rules and published
  962  guidelines for:
  963         1. Developing and using a risk assessment methodology that
  964  will apply to state agencies to identify the priorities,
  965  constraints, risk tolerance, and assumptions.
  966         2.1.Completing comprehensive risk assessments analyses and
  967  information security audits. Such assessments and audits shall
  968  be conducted by state agencies and reviewed by the Agency for
  969  State Technology conducted by state agencies.
  970         3.Identifying protection procedures to manage the
  971  protection of a state agency’s information, data, and
  972  information technology resources.
  973         4. Detecting threats through proactive monitoring of
  974  events, continuous security monitoring, and specified detection
  975  processes.
  976         5.2. Responding to suspected or confirmed information
  977  technology security incidents, including suspected or confirmed
  978  breaches of personal information containing confidential or
  979  exempt data.
  980         6.3.Developing state agency strategic and operational
  981  information security plans required under this section,
  982  including strategic security plans and security program plans.
  983         7.4.Recovering The recovery of information technology and
  984  data in response to a security incident following a disaster.
  985  The recovery may include recommended improvements to the
  986  processes, policies, or guidelines.
  987         8.5.Establishing The managerial, operational, and
  988  technical safeguards for protecting state government data and
  989  information technology resources which align with state agency
  990  risk management strategies for protecting the confidentiality,
  991  integrity, and availability of information technology and data.
  992         9. Establishing procedures for accessing information
  993  technology resources and data in order to limit authorized
  994  users, processes, or devices to authorized activities and
  995  transactions.
  996         10. Establishing asset management procedures to ensure that
  997  information technology resources are identified and consistently
  998  managed with their relative importance to business objectives.
  999         (c) Assist state agencies in complying with the provisions
 1000  of this section.
 1001         (d) Pursue appropriate funding for the purpose of enhancing
 1002  domestic security.
 1003         (d)(e)In collaboration with the Cybercrime Office in the
 1004  Department of Law Enforcement, provide training for state agency
 1005  information security managers.
 1006         (e)(f) Annually review the strategic and operational
 1007  information security plans of state executive branch agencies.
 1008         (3)(4)To assist the Agency for Enterprise Information
 1009  Technology in carrying out its responsibilities, Each state
 1010  agency head shall, at a minimum:
 1011         (a) Designate an information security manager who, for the
 1012  purposes of his or her information technology security duties,
 1013  shall report to the agency head and shall to administer the
 1014  information technology security program of the agency for its
 1015  data and information technology resources. This designation must
 1016  be provided annually in writing to the Agency for State
 1017  Enterprise Information Technology by January 1.
 1018         (b) Submit annually to the Agency for State Enterprise
 1019  Information Technology annually by July 31, the state agency’s
 1020  strategic and operational information security plans developed
 1021  pursuant to the rules and guidelines established by the Agency
 1022  for State Enterprise Information Technology.
 1023         1. The state agency strategic information security plan
 1024  must cover a 3-year period and, at a minimum, define security
 1025  goals, intermediate objectives, and projected agency costs for
 1026  the strategic issues of agency information security policy, risk
 1027  management, security training, security incident response, and
 1028  survivability. The plan must be based on the statewide
 1029  enterprise strategic information security strategic plan created
 1030  by the Agency for State Enterprise Information Technology and
 1031  include performance metrics that can be objectively measured in
 1032  order to gauge the state agency’s progress in meeting the
 1033  security goals and objectives identified in the strategic
 1034  information security plan. Additional issues may be included.
 1035         2. The state agency operational information security plan
 1036  must include a progress report that objectively measures
 1037  progress made toward for the prior operational information
 1038  security plan and a project plan that includes activities,
 1039  timelines, and deliverables for security objectives that,
 1040  subject to current resources, the state agency will implement
 1041  during the current fiscal year. The cost of implementing the
 1042  portions of the plan which cannot be funded from current
 1043  resources must be identified in the plan.
 1044         (c) Conduct, and update every 3 years, a comprehensive risk
 1045  assessment analysis to determine the security threats to the
 1046  data, information, and information technology resources of the
 1047  state agency. The risk assessment must comply with the risk
 1048  assessment methodology developed by the Agency for State
 1049  Technology. The risk assessment analysis information is
 1050  confidential and exempt from the provisions of s. 119.07(1),
 1051  except that such information shall be available to the Auditor
 1052  General, and the Agency for State Enterprise Information
 1053  Technology, and the Cybercrime Office in the Department of Law
 1054  Enforcement for performing postauditing duties.
 1055         (d) Develop, and periodically update, written internal
 1056  policies and procedures, which include procedures for reporting
 1057  information technology security incidents and breaches to the
 1058  Cybercrime Office in the Department of Law Enforcement and
 1059  notifying the Agency for State Enterprise Information Technology
 1060  when a suspected or confirmed breach, or an information security
 1061  incident, occurs. Such policies and procedures must be
 1062  consistent with the rules, and guidelines, and processes
 1063  established by the Agency for State Enterprise Information
 1064  Technology to ensure the security of the data, information, and
 1065  information technology resources of the state agency. The
 1066  internal policies and procedures that, if disclosed, could
 1067  facilitate the unauthorized modification, disclosure, or
 1068  destruction of data or information technology resources are
 1069  confidential information and exempt from s. 119.07(1), except
 1070  that such information shall be available to the Auditor General,
 1071  the Cybercrime Office in the Department of Law Enforcement, and
 1072  the Agency for State Enterprise Information Technology for
 1073  performing postauditing duties.
 1074         (e) Implement the managerial, operational, and technical
 1075  appropriate cost-effective safeguards established by the Agency
 1076  for State Technology to address identified risks to the data,
 1077  information, and information technology resources of the agency.
 1078         (f) Ensure that periodic internal audits and evaluations of
 1079  the agency’s security program for the data, information, and
 1080  information technology resources of the agency are conducted.
 1081  The results of such audits and evaluations are confidential
 1082  information and exempt from s. 119.07(1), except that such
 1083  information shall be available to the Auditor General, the
 1084  Cybercrime Office in the Department of Law Enforcement, and the
 1085  Agency for State Enterprise Information Technology for
 1086  performing postauditing duties.
 1087         (g) Include appropriate security requirements in the
 1088  written specifications for the solicitation of information
 1089  technology and information technology resources and services,
 1090  which are consistent with the rules and guidelines established
 1091  by the Agency for State Enterprise Information Technology in
 1092  collaboration with the department.
 1093         (h) Require that state agency employees complete the
 1094  security awareness training offered by the Agency for State
 1095  Technology in collaboration with the Cybercrime Office in the
 1096  Department of Law Enforcement. Coordinate with state agencies to
 1097  provide agency-specific security training aligned with the
 1098  agency operational information security plan. Provide security
 1099  awareness training to employees and users of the agency’s
 1100  communication and information resources concerning information
 1101  security risks and the responsibility of employees and users to
 1102  comply with policies, standards, guidelines, and operating
 1103  procedures adopted by the agency to reduce those risks.
 1104         (i) Develop processes a process for detecting, reporting,
 1105  and responding to information suspected or confirmed security
 1106  threats or breaches or security incidents which are, including
 1107  suspected or confirmed breaches consistent with the security
 1108  rules, and guidelines, and processes established by the Agency
 1109  for State Enterprise Information Technology.
 1110         1. All Suspected or confirmed information technology
 1111  security incidents and breaches must be immediately reported to
 1112  the Cybercrime Office in the Department of Law Enforcement and
 1113  the Agency for State Enterprise Information Technology.
 1114         2. For information technology security incidents involving
 1115  breaches, agencies shall provide notice in accordance with s.
 1116  817.5681 and to the Agency for Enterprise Information Technology
 1117  in accordance with this subsection.
 1118         (5) Each state agency shall include appropriate security
 1119  requirements in the specifications for the solicitation of
 1120  contracts for procuring information technology or information
 1121  technology resources or services which are consistent with the
 1122  rules and guidelines established by the Agency for Enterprise
 1123  Information Technology.
 1124         (4)(6) The Agency for State Enterprise Information
 1125  Technology may adopt rules relating to information security and
 1126  to administer the provisions of this section.
 1127         Section 12. Section 282.33, Florida Statutes, is repealed.
 1128         Section 13. Effective upon this act becoming a law, section
 1129  282.34, Florida Statutes, is repealed.
 1130         Section 14. Subsections (1) and (2) of section 17.0315,
 1131  Florida Statutes, are amended to read:
 1132         17.0315 Financial and cash management system; task force.—
 1133         (1) The Chief Financial Officer, as the constitutional
 1134  officer responsible for settling and approving accounts against
 1135  the state and keeping all state funds pursuant to s. 4, Art. IV
 1136  of the State Constitution, is shall be the head of and shall
 1137  appoint members to a task force established to develop a
 1138  strategic business plan for a successor financial and cash
 1139  management system. The task force shall include the executive
 1140  director of the Agency for State Enterprise Information
 1141  Technology and the director of the Office of Policy and Budget
 1142  in the Executive Office of the Governor. Any member of the task
 1143  force may appoint a designee.
 1144         (2) The strategic business plan for a successor financial
 1145  and cash management system must:
 1146         (a) Permit proper disbursement and auditing controls
 1147  consistent with the respective constitutional duties of the
 1148  Chief Financial Officer and the Legislature;
 1149         (b) Promote transparency in the accounting of public funds;
 1150         (c) Provide timely and accurate recording of financial
 1151  transactions by agencies and their professional staffs;
 1152         (d) Support executive reporting and data analysis
 1153  requirements;
 1154         (e) Be capable of interfacing with other systems providing
 1155  human resource services, procuring goods and services, and
 1156  providing other enterprise functions;
 1157         (f) Be capable of interfacing with the existing legislative
 1158  appropriations, planning, and budgeting systems;
 1159         (g) Be coordinated with the information technology strategy
 1160  development efforts of the Agency for State Enterprise
 1161  Information Technology;
 1162         (h) Be coordinated with the revenue estimating conference
 1163  process as supported by the Office of Economic and Demographic
 1164  Research; and
 1165         (i) Address other such issues as the Chief Financial
 1166  Officer identifies.
 1167         Section 15. Subsection (1) of section 20.055, Florida
 1168  Statutes, is reordered and amended to read:
 1169         20.055 Agency inspectors general.—
 1170         (1) As used in For the purposes of this section, the term:
 1171         (d)(a) “State agency” means each department created
 1172  pursuant to this chapter, and also includes the Executive Office
 1173  of the Governor, the Department of Military Affairs, the Fish
 1174  and Wildlife Conservation Commission, the Office of Insurance
 1175  Regulation of the Financial Services Commission, the Office of
 1176  Financial Regulation of the Financial Services Commission, the
 1177  Public Service Commission, the Board of Governors of the State
 1178  University System, the Florida Housing Finance Corporation, the
 1179  Agency for State Technology, and the state courts system.
 1180         (a)(b) “Agency head” means the Governor, a Cabinet officer,
 1181  a secretary as defined in s. 20.03(5), or an executive director
 1182  as those terms are defined in s. 20.03, 20.03(6). It also
 1183  includes the chair of the Public Service Commission, the
 1184  Director of the Office of Insurance Regulation of the Financial
 1185  Services Commission, the Director of the Office of Financial
 1186  Regulation of the Financial Services Commission, the board of
 1187  directors of the Florida Housing Finance Corporation, and the
 1188  Chief Justice of the State Supreme Court.
 1189         (c) “Individuals substantially affected” means natural
 1190  persons who have established a real and sufficiently immediate
 1191  injury in fact due to the findings, conclusions, or
 1192  recommendations of a final report of a state agency inspector
 1193  general, who are the subject of the audit or investigation, and
 1194  who do not have or are not currently afforded an existing right
 1195  to an independent review process. The term does not apply to
 1196  employees of the state, including career service, probationary,
 1197  other personal service, Selected Exempt Service, and Senior
 1198  Management Service employees;, are not covered by this
 1199  definition. This definition also does not cover former employees
 1200  of the state if the final report of the state agency inspector
 1201  general relates to matters arising during a former employee’s
 1202  term of state employment; or. This definition does not apply to
 1203  persons who are the subject of audits or investigations
 1204  conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
 1205  which are otherwise confidential and exempt under s. 119.07.
 1206         (b)(d) “Entities contracting with the state” means for
 1207  profit and not-for-profit organizations or businesses that have
 1208  having a legal existence, such as corporations or partnerships,
 1209  as opposed to natural persons, which have entered into a
 1210  relationship with a state agency as defined in paragraph (a) to
 1211  provide for consideration certain goods or services to the state
 1212  agency or on behalf of the state agency. The relationship may be
 1213  evidenced by payment by warrant or purchasing card, contract,
 1214  purchase order, provider agreement, or other such mutually
 1215  agreed upon relationship. The term This definition does not
 1216  apply to entities that which are the subject of audits or
 1217  investigations conducted pursuant to ss. 112.3187-112.31895 or
 1218  s. 409.913 or which are otherwise confidential and exempt under
 1219  s. 119.07.
 1220         Section 16. Paragraph (e) of subsection (2) of section
 1221  110.205, Florida Statutes, is amended to read:
 1222         110.205 Career service; exemptions.—
 1223         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1224  covered by this part include the following:
 1225         (e) The Chief Information Officer in the Agency for State
 1226  Enterprise Information Technology. Unless otherwise fixed by
 1227  law, the Agency for State Enterprise Information Technology
 1228  shall set the salary and benefits of this position in accordance
 1229  with the rules of the Senior Management Service.
 1230         Section 17. Subsections (2) and (9) of section 215.322,
 1231  Florida Statutes, are amended to read:
 1232         215.322 Acceptance of credit cards, charge cards, debit
 1233  cards, or electronic funds transfers by state agencies, units of
 1234  local government, and the judicial branch.—
 1235         (2) A state agency as defined in s. 216.011, or the
 1236  judicial branch, may accept credit cards, charge cards, debit
 1237  cards, or electronic funds transfers in payment for goods and
 1238  services with the prior approval of the Chief Financial Officer.
 1239  If the Internet or other related electronic methods are to be
 1240  used as the collection medium, the Agency for State Enterprise
 1241  Information Technology shall review and recommend to the Chief
 1242  Financial Officer whether to approve the request with regard to
 1243  the process or procedure to be used.
 1244         (9) For payment programs in which credit cards, charge
 1245  cards, or debit cards are accepted by state agencies, the
 1246  judicial branch, or units of local government, the Chief
 1247  Financial Officer, in consultation with the Agency for State
 1248  Enterprise Information Technology, may adopt rules to establish
 1249  uniform security safeguards for cardholder data and to ensure
 1250  compliance with the Payment Card Industry Data Security
 1251  Standards.
 1252         Section 18. Subsection (2) of section 215.96, Florida
 1253  Statutes, is amended to read:
 1254         215.96 Coordinating council and design and coordination
 1255  staff.—
 1256         (2) The coordinating council shall consist of the Chief
 1257  Financial Officer; the Commissioner of Agriculture; the Attorney
 1258  General; the secretary of the Department of Management Services;
 1259  the executive director of the Agency for State Technology the
 1260  Attorney General; and the Director of Planning and Budgeting,
 1261  Executive Office of the Governor, or their designees. The Chief
 1262  Financial Officer, or his or her designee, shall be chair of the
 1263  coordinating council, and the design and coordination staff
 1264  shall provide administrative and clerical support to the council
 1265  and the board. The design and coordination staff shall maintain
 1266  the minutes of each meeting and shall make such minutes
 1267  available to any interested person. The Auditor General, the
 1268  State Courts Administrator, an executive officer of the Florida
 1269  Association of State Agency Administrative Services Directors,
 1270  and an executive officer of the Florida Association of State
 1271  Budget Officers, or their designees, shall serve without voting
 1272  rights as ex officio members of on the coordinating council. The
 1273  chair may call meetings of the coordinating council as often as
 1274  necessary to transact business; however, the coordinating
 1275  council must shall meet at least annually once a year. Action of
 1276  the coordinating council shall be by motion, duly made, seconded
 1277  and passed by a majority of the coordinating council voting in
 1278  the affirmative for approval of items that are to be recommended
 1279  for approval to the Financial Management Information Board.
 1280         Section 19. Paragraph (a) of subsection (4) of section
 1281  216.023, Florida Statutes, is amended to read:
 1282         216.023 Legislative budget requests to be furnished to
 1283  Legislature by agencies.—
 1284         (4)(a) The legislative budget request must contain for each
 1285  program must contain:
 1286         1. The constitutional or statutory authority for a program,
 1287  a brief purpose statement, and approved program components.
 1288         2. Information on expenditures for 3 fiscal years (actual
 1289  prior-year expenditures, current-year estimated expenditures,
 1290  and agency budget requested expenditures for the next fiscal
 1291  year) by appropriation category.
 1292         3. Details on trust funds and fees.
 1293         4. The total number of positions (authorized, fixed, and
 1294  requested).
 1295         5. An issue narrative describing and justifying changes in
 1296  amounts and positions requested for current and proposed
 1297  programs for the next fiscal year.
 1298         6. Information resource requests.
 1299         7. Supporting information, including applicable cost
 1300  benefit analyses, business case analyses, performance
 1301  contracting procedures, service comparisons, and impacts on
 1302  performance standards for any request to outsource or privatize
 1303  agency functions. The cost-benefit and business case analyses
 1304  must include an assessment of the impact on each affected
 1305  activity from those identified in accordance with paragraph (b).
 1306  Performance standards must include standards for each affected
 1307  activity and be expressed in terms of the associated unit of
 1308  activity.
 1309         8. An evaluation of any major outsourcing and privatization
 1310  initiatives undertaken during the last 5 fiscal years having
 1311  aggregate expenditures exceeding $10 million during the term of
 1312  the contract. The evaluation must shall include an assessment of
 1313  contractor performance, a comparison of anticipated service
 1314  levels to actual service levels, and a comparison of estimated
 1315  savings to actual savings achieved. Consolidated reports issued
 1316  by the Department of Management Services may be used to satisfy
 1317  this requirement.
 1318         9. Supporting information for any proposed consolidated
 1319  financing of deferred-payment commodity contracts including
 1320  guaranteed energy performance savings contracts. Supporting
 1321  information must also include narrative describing and
 1322  justifying the need, baseline for current costs, estimated cost
 1323  savings, projected equipment purchases, estimated contract
 1324  costs, and return on investment calculation.
 1325         10. For projects that exceed $10 million in total cost, the
 1326  statutory reference of the existing policy or the proposed
 1327  substantive policy that establishes and defines the project’s
 1328  governance structure, planned scope, main business objectives
 1329  that must be achieved, and estimated completion timeframes. The
 1330  governance structure for information technology-related projects
 1331  requested by a state agency must incorporate the applicable
 1332  project management and oversight standards established under s.
 1333  282.0051. Information technology budget requests for the
 1334  continuance of existing hardware and software maintenance
 1335  agreements, renewal of existing software licensing agreements,
 1336  or the replacement of desktop units with new technology that is
 1337  similar to the technology currently in use are exempt from this
 1338  requirement.
 1339         Section 20. Subsection (22) of section 287.057, Florida
 1340  Statutes, is amended to read:
 1341         287.057 Procurement of commodities or contractual
 1342  services.—
 1343         (22) The department, in consultation with the Chief
 1344  Financial Officer and the Agency for State Technology, shall
 1345  maintain a program for the online procurement of commodities and
 1346  contractual services. To enable the state to promote open
 1347  competition and leverage its buying power, agencies shall
 1348  participate in the online procurement program, and eligible
 1349  users may participate in the program. Only vendors prequalified
 1350  as meeting mandatory requirements and qualifications criteria
 1351  may participate in online procurement.
 1352         (a) The department, in consultation with the Agency for
 1353  State Technology, may contract for equipment and services
 1354  necessary to develop and implement online procurement.
 1355         (b) The department shall adopt rules to administer the
 1356  program for online procurement. The rules must include, but not
 1357  be limited to:
 1358         1. Determining the requirements and qualification criteria
 1359  for prequalifying vendors.
 1360         2. Establishing the procedures for conducting online
 1361  procurement.
 1362         3. Establishing the criteria for eligible commodities and
 1363  contractual services.
 1364         4. Establishing the procedures for providing access to
 1365  online procurement.
 1366         5. Determining the criteria warranting any exceptions to
 1367  participation in the online procurement program.
 1368         (c) The department may impose and shall collect all fees
 1369  for the use of the online procurement systems.
 1370         1. The fees may be imposed on an individual transaction
 1371  basis or as a fixed percentage of the cost savings generated. At
 1372  a minimum, the fees must be set in an amount sufficient to cover
 1373  the projected costs of the services, including administrative
 1374  and project service costs in accordance with the policies of the
 1375  department.
 1376         2. If the department contracts with a provider for online
 1377  procurement, the department, pursuant to appropriation, shall
 1378  compensate the provider from the fees after the department has
 1379  satisfied all ongoing costs. The provider shall report
 1380  transaction data to the department each month so that the
 1381  department may determine the amount due and payable to the
 1382  department from each vendor.
 1383         3. All fees that are due and payable to the state on a
 1384  transactional basis or as a fixed percentage of the cost savings
 1385  generated are subject to s. 215.31 and must be remitted within
 1386  40 days after receipt of payment for which the fees are due. For
 1387  fees that are not remitted within 40 days, the vendor shall pay
 1388  interest at the rate established under s. 55.03(1) on the unpaid
 1389  balance from the expiration of the 40-day period until the fees
 1390  are remitted.
 1391         4. All fees and surcharges collected under this paragraph
 1392  shall be deposited in the Operating Trust Fund as provided by
 1393  law.
 1394         Section 21. Subsection (4) of section 445.011, Florida
 1395  Statutes, is amended to read:
 1396         445.011 Workforce information systems.—
 1397         (4) Workforce Florida, Inc., shall coordinate development
 1398  and implementation of workforce information systems with the
 1399  executive director of the Agency for State Enterprise
 1400  Information Technology to ensure compatibility with the state’s
 1401  information system strategy and enterprise architecture.
 1402         Section 22. Subsections (2) and (4) of section 445.045,
 1403  Florida Statutes, are amended to read:
 1404         445.045 Development of an Internet-based system for
 1405  information technology industry promotion and workforce
 1406  recruitment.—
 1407         (2) Workforce Florida, Inc., shall coordinate with the
 1408  Agency for State Enterprise Information Technology and the
 1409  Department of Economic Opportunity to ensure links, where
 1410  feasible and appropriate, to existing job information websites
 1411  maintained by the state and state agencies and to ensure that
 1412  information technology positions offered by the state and state
 1413  agencies are posted on the information technology website.
 1414         (4)(a) Workforce Florida, Inc., shall coordinate
 1415  development and maintenance of the website under this section
 1416  with the executive director of the Agency for State Enterprise
 1417  Information Technology to ensure compatibility with the state’s
 1418  information system strategy and enterprise architecture.
 1419         (b) Workforce Florida, Inc., may enter into an agreement
 1420  with the Agency for State Enterprise Information Technology, the
 1421  Department of Economic Opportunity, or any other public agency
 1422  with the requisite information technology expertise for the
 1423  provision of design, operating, or other technological services
 1424  necessary to develop and maintain the website.
 1425         (c) Workforce Florida, Inc., may procure services necessary
 1426  to implement the provisions of this section, if it employs
 1427  competitive processes, including requests for proposals,
 1428  competitive negotiation, and other competitive processes that to
 1429  ensure that the procurement results in the most cost-effective
 1430  investment of state funds.
 1431         Section 23. Paragraph (b) of subsection (18) of section
 1432  668.50, Florida Statutes, is amended to read:
 1433         668.50 Uniform Electronic Transaction Act.—
 1434         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1435  GOVERNMENTAL AGENCIES.—
 1436         (b) To the extent that a governmental agency uses
 1437  electronic records and electronic signatures under paragraph
 1438  (a), the Agency for State Enterprise Information Technology, in
 1439  consultation with the governmental agency, giving due
 1440  consideration to security, may specify:
 1441         1. The manner and format in which the electronic records
 1442  must be created, generated, sent, communicated, received, and
 1443  stored and the systems established for those purposes.
 1444         2. If electronic records must be signed by electronic
 1445  means, the type of electronic signature required, the manner and
 1446  format in which the electronic signature must be affixed to the
 1447  electronic record, and the identity of, or criteria that must be
 1448  met by, any third party used by a person filing a document to
 1449  facilitate the process.
 1450         3. Control processes and procedures as appropriate to
 1451  ensure adequate preservation, disposition, integrity, security,
 1452  confidentiality, and auditability of electronic records.
 1453         4. Any other required attributes for electronic records
 1454  which are specified for corresponding nonelectronic records or
 1455  reasonably necessary under the circumstances.
 1456         Section 24. Section 943.0415, Florida Statutes, is amended
 1457  to read:
 1458         943.0415 Cybercrime Office.—The Cybercrime Office There is
 1459  created within the Department of Law Enforcement the Cybercrime
 1460  Office. The office may:
 1461         (1) Investigate violations of state law pertaining to the
 1462  sexual exploitation of children which are facilitated by or
 1463  connected to the use of any device capable of storing electronic
 1464  data.
 1465         (2) Monitor information technology resources and provide
 1466  analysis on information technology security incidents, threats,
 1467  or breaches as those terms are defined in s. 282.0041.
 1468         (3) Investigate violations of state law pertaining to
 1469  information technology security incidents, threats, or breaches
 1470  pursuant to s. 282.0041 and assist in incident response and
 1471  recovery.
 1472         (4) Provide security awareness training and information to
 1473  state agency employees concerning cyber security, online sexual
 1474  exploitation of children, security risks, and the responsibility
 1475  of employees to comply with policies, standards, guidelines, and
 1476  operating procedures adopted by the Agency for State Technology.
 1477         (5) Consult with the Agency for State Technology in the
 1478  adoption of rules relating to the information technology
 1479  security provisions of s. 282.318.
 1480         Section 25. Section 1004.649, Florida Statutes, is amended
 1481  to read:
 1482         1004.649 Northwest Regional Data Center.—
 1483         (1) For the purpose of providing data center services to
 1484  serving its state agency customers, the Northwest Regional Data
 1485  Center at Florida State University is designated as a primary
 1486  data center and shall:
 1487         (a) Operate under a governance structure that represents
 1488  its customers proportionally.
 1489         (b) Maintain an appropriate cost-allocation methodology
 1490  that accurately bills state agency customers based solely on the
 1491  actual direct and indirect costs of the services provided to
 1492  state agency customers, and ensures that for any fiscal year a
 1493  state agency customer is not subsidizing a prohibits the
 1494  subsidization of nonstate agency customer or another state
 1495  agency customer customers’ costs by state agency customers. Such
 1496  cost-allocation methodology must comply with applicable state
 1497  and federal requirements concerning the distribution and use of
 1498  state and federal funds.
 1499         (c) Enter into a service-level agreement with each state
 1500  agency customer to provide services as defined and approved by
 1501  the governing board of the center. At a minimum, such service
 1502  level agreements must:
 1503         1. Identify the parties and their roles, duties, and
 1504  responsibilities under the agreement;
 1505         2. State the duration of the agreement term and specify the
 1506  conditions for renewal;
 1507         3. Identify the scope of work;
 1508         4. Establish the services to be provided, the business
 1509  standards that must be met for each service, the cost of each
 1510  service, and the process by which the business standards for
 1511  each service are to be objectively measured and reported;
 1512         5. Provide a timely billing methodology for recovering the
 1513  cost of services provided pursuant to s. 215.422; and
 1514         6. Provide a procedure for modifying the service-level
 1515  agreement to address any changes in projected costs of service;
 1516         7. Prohibit the transfer of computing services between the
 1517  Northwest Regional Data Center and the state data center
 1518  established under s. 282.201 without at least 180 days’ notice
 1519  of service cancellation;
 1520         8. Identify the products or services to be delivered with
 1521  sufficient specificity to permit an external financial or
 1522  performance audit; and
 1523         9. Provide that the service-level agreement may be
 1524  terminated by either party for cause only after giving the other
 1525  party notice in writing of the cause for termination and an
 1526  opportunity for the other party to resolve the identified cause
 1527  within a reasonable period.
 1528         (d) Provide to the Board of Governors the total annual
 1529  budget by major expenditure category, including, but not limited
 1530  to, salaries, expenses, operating capital outlay, contracted
 1531  services, or other personnel services by July 30 each fiscal
 1532  year.
 1533         (e) Provide to each state agency customer its projected
 1534  annual cost for providing the agreed-upon data center services
 1535  by September 1 each fiscal year.
 1536         (f) Provide a plan for consideration by the Legislative
 1537  Budget Commission if the governing body of the center approves
 1538  the use of a billing rate schedule after the start of the fiscal
 1539  year that increases any state agency customer’s costs for that
 1540  fiscal year.
 1541         (2) The Northwest Regional Data Center’s designation as a
 1542  primary data center for purposes of serving its state agency
 1543  customers may be terminated if:
 1544         (a) The center requests such termination to the Board of
 1545  Governors, the Senate President, and the Speaker of the House of
 1546  Representatives; or
 1547         (b) The center fails to comply with the provisions of this
 1548  section.
 1549         (3) If such designation is terminated, the center shall
 1550  have 1 year to provide for the transition of its state agency
 1551  customers to the state data center system established under s.
 1552  282.201 Southwood Shared Resource Center or the Northwood Shared
 1553  Resource Center.
 1554         Section 26. The Agency for Enterprise Information
 1555  Technology in the Executive Office of the Governor is
 1556  transferred by a type two transfer, pursuant to s. 20.06,
 1557  Florida Statutes, to the Agency for State Technology established
 1558  pursuant to s. 20.61, Florida Statutes, except that the only
 1559  rules that are transferred are chapters 71A-1 and 71A-2, Florida
 1560  Administrative Code. All other rules adopted by the Agency for
 1561  Enterprise Information Technology are nullified and of no
 1562  further force or effect.
 1563         Section 27. The Northwood Shared Resource Center in the
 1564  Department of Management Services is transferred by a type two
 1565  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1566  for State Technology established pursuant to s. 20.61, Florida
 1567  Statutes.
 1568         Section 28. The Southwood Shared Resource Center in the
 1569  Department of Management Services is transferred by a type two
 1570  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1571  for State Technology established pursuant to s. 20.61, Florida
 1572  Statutes.
 1573         Section 29. The Agency for State Technology shall:
 1574         (1) Complete a feasibility study that analyzes, evaluates,
 1575  and provides recommendations for managing state government data
 1576  in a manner that promotes its interoperability and openness and,
 1577  if legally permissible and not cost prohibitive, ensures that
 1578  such data is available to the public in ways that make the data
 1579  easy to find and use, and complies with chapter 119, Florida
 1580  Statutes. At a minimum, the feasibility study must include the
 1581  following components:
 1582         (a) A clear description of which state government data
 1583  should be public information. The guiding principle for this
 1584  component is a presumption of openness to the extent permitted
 1585  by law but subject to valid restrictions relating to privacy,
 1586  confidentiality, and security, and other fiscal and legal
 1587  restrictions.
 1588         (b) Recommended standards for making the format and
 1589  accessibility of public information uniform and ensuring that
 1590  such data is published in a nonproprietary, searchable,
 1591  sortable, platform-independent, and machine-readable format. The
 1592  agency should include the projected cost to state agencies of
 1593  implementing and maintaining such standards.
 1594         (c) A project plan for implementing a single Internet
 1595  website that contains public information or links to public
 1596  information. The plan should include a timeline and benchmarks
 1597  for making public information available online and identify any
 1598  costs associated with the development and ongoing maintenance of
 1599  such a website.
 1600         (d) A recommended governance structure and review and
 1601  compliance process to ensure accountability on the part of those
 1602  who create, maintain, manage, or store public information or
 1603  post it on the single Internet website. The agency should
 1604  include any associated costs to implement and maintain the
 1605  recommended governance structure and the review and compliance
 1606  process.
 1607         (2) Submit the completed feasibility study to the Executive
 1608  Office of the Governor, the President of the Senate, and the
 1609  Speaker of the House of Representatives by June 1, 2015.
 1610         Section 30. The State Data Center Task Force is created.
 1611  The task force shall be comprised of those individuals who were
 1612  members of the boards of trustees of the Northwood and Southwood
 1613  Shared Resource Centers as of June 30, 2014. The purpose of the
 1614  task force is to provide assistance in the transition of the
 1615  Northwood and Southwood Shared Resource Centers into the state
 1616  data center established under s. 282.201, Florida Statutes. The
 1617  task force shall identify any operational or fiscal issues
 1618  affecting the transition and provide recommendations to the
 1619  Agency for State Technology for the resolution of such issues.
 1620  The task force may not make decisions regarding the state data
 1621  center or the facilities formerly known as the Northwood and
 1622  Southwood Shared Resource Centers and shall expire on or before
 1623  June 30, 2015.
 1624         Section 31. For the 2014-2015 fiscal year, the sum of
 1625  $2,134,892 in nonrecurring general revenue funds, $2,865,108 in
 1626  recurring general revenue funds, and 25 full-time equivalent
 1627  positions and associated salary rate of 2,010,951 are
 1628  appropriated to the Agency for State Technology for the purpose
 1629  of implementing and administering this act.
 1630         Section 32. Except as otherwise expressly provided in this
 1631  act and except for this section, which shall take effect upon
 1632  this act becoming a law, this act shall take effect July 1,
 1633  2014.