Florida Senate - 2016                                     SB 426
       
       
        
       By Senator Brandes
       
       
       
       
       
       22-00592-16                                            2016426__
    1                        A bill to be entitled                      
    2         An act relating to the state data center; amending s.
    3         282.201, F.S.; providing for terms of continuation of
    4         service if the state data center within the Agency for
    5         State Technology and an existing customer entity fail
    6         to execute a new service-level agreement within a
    7         specified time after an existing agreement expires;
    8         making a technical change; requiring the state data
    9         center to plan, design, and establish pilot projects
   10         for and conduct experiments with information
   11         technology resources and to implement service
   12         enhancements if cost-effective; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Paragraph (d) of subsection (2) of section
   18  282.201, Florida Statutes, is amended, and paragraph (g) is
   19  added to that subsection, to read:
   20         282.201 State data center.—The state data center is
   21  established within the Agency for State Technology and shall
   22  provide data center services that are hosted on premises or
   23  externally through a third-party provider as an enterprise
   24  information technology service. The provision of services must
   25  comply with applicable state and federal laws, regulations, and
   26  policies, including all applicable security, privacy, and
   27  auditing requirements.
   28         (2) STATE DATA CENTER DUTIES.–The state data center shall:
   29         (d) Enter into a service-level agreement with each customer
   30  entity to provide the required type and level of service or
   31  services. If a customer entity fails to execute an agreement
   32  within 60 days after commencement of a service, the state data
   33  center may cease service. If the state data center and existing
   34  customer entity fail to execute a new service-level agreement
   35  within 60 days after expiration of the service-level agreement
   36  from the prior fiscal year, services provided by the state data
   37  center thereafter are deemed to be governed under the terms of
   38  the expired service-level agreement. A service-level agreement
   39  may not have a term exceeding 3 years and at a minimum must:
   40         1. Identify the parties and their roles, duties, and
   41  responsibilities under the agreement.
   42         2. State the duration of the contract term and specify the
   43  conditions for renewal.
   44         3. Identify the scope of work.
   45         4. Identify the products or services to be delivered with
   46  sufficient specificity to permit an external financial or
   47  performance audit.
   48         5. Establish the services to be provided, the business
   49  standards that must be met for each service, the cost of each
   50  service, and the metrics and processes by which the business
   51  standards for each service are to be objectively measured and
   52  reported.
   53         6. Provide a timely billing methodology to recover the cost
   54  of services provided to the customer entity pursuant to s.
   55  215.422.
   56         7. Provide a procedure for modifying the service-level
   57  agreement based on changes in the type, level, and cost of a
   58  service.
   59         8. Include a right-to-audit clause to ensure that the
   60  parties to the agreement have access to records for audit
   61  purposes during the term of the service-level agreement.
   62         9. Provide that a service-level agreement may be terminated
   63  by either party for cause only after giving the other party and
   64  the Agency for State Technology notice in writing of the cause
   65  for termination and an opportunity for the other party to
   66  resolve the identified cause within a reasonable period.
   67         10. Provide for mediation of disputes by the Division of
   68  Administrative Hearings pursuant to s. 120.573.
   69         (g) Plan, design, and establish pilot projects for and
   70  conduct experiments with information technology resources and
   71  implement service enhancements if cost-effective.
   72         Section 2. This act shall take effect July 1, 2016.