Florida Senate - 2016 CS for SB 426 By the Committee on Governmental Oversight and Accountability; and Senator Brandes 585-01761-16 2016426c1 1 A bill to be entitled 2 An act relating to the state data center; amending s. 3 282.201, F.S.; revising requirements for a certain 4 service-level agreement entered into by the state data 5 center within the Agency for State Technology with a 6 customer entity; authorizing extension of an original 7 agreement to a specified time; requiring the state 8 data center to submit a specified report to the 9 Executive Office of the Governor under certain 10 circumstances; deleting a requirement for a certain 11 notice to be given to the agency before an agreement 12 may be terminated; requiring the state data center to 13 plan, design, and conduct testing with information 14 technology resources and implement certain service 15 enhancements if cost-effective; providing an effective 16 date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (d) of subsection (2) of section 21 282.201, Florida Statutes, is amended, and paragraph (g) is 22 added to that subsection, to read: 23 282.201 State data center.—The state data center is 24 established within the Agency for State Technology and shall 25 provide data center services that are hosted on premises or 26 externally through a third-party provider as an enterprise 27 information technology service. The provision of services must 28 comply with applicable state and federal laws, regulations, and 29 policies, including all applicable security, privacy, and 30 auditing requirements. 31 (2) STATE DATA CENTER DUTIES.–The state data center shall: 32 (d) Enter into a service-level agreement with each customer 33 entity to provide the required type and level of service or 34 services. If a customer entity fails to execute an agreement 35 within 60 days after commencement of a service, the state data 36 center may cease service. A service-level agreement may not have 37 an original
aterm exceeding 3 years, except that it may be 38 extended for up to 6 months. If the state data center and an 39 existing customer entity execute an extension or fail to execute 40 a new service-level agreement before the expiration of an 41 existing service-level agreement, the state data center shall 42 submit a report to the Executive Office of the Governor within 5 43 days after the date of the executed extension, or 15 days before 44 the scheduled expiration date of the service-level agreement, 45 which explains the specific issues preventing execution of a new 46 service-level agreement and describing the plan and schedule for 47 resolving those issues. Each service-level agreement, andat a 48 minimum, must: 49 1. Identify the parties and their roles, duties, and 50 responsibilities under the agreement. 51 2. State the duration of the contract term and specify the 52 conditions for renewal. 53 3. Identify the scope of work. 54 4. Identify the products or services to be delivered with 55 sufficient specificity to permit an external financial or 56 performance audit. 57 5. Establish the services to be provided, the business 58 standards that must be met for each service, the cost of each 59 service, and the metrics and processes by which the business 60 standards for each service are to be objectively measured and 61 reported. 62 6. Provide a timely billing methodology to recover the cost 63 of services provided to the customer entity pursuant to s. 64 215.422. 65 7. Provide a procedure for modifying the service-level 66 agreement based on changes in the type, level, and cost of a 67 service. 68 8. Include a right-to-audit clause to ensure that the 69 parties to the agreement have access to records for audit 70 purposes during the term of the service-level agreement. 71 9. Provide that a service-level agreement may be terminated 72 by either party for cause only after giving the other party and73 the Agency for State Technologynotice in writing of the cause 74 for termination and an opportunity for the other party to 75 resolve the identified cause within a reasonable period. 76 10. Provide for mediation of disputes by the Division of 77 Administrative Hearings pursuant to s. 120.573. 78 (g) Plan, design, and conduct testing with information 79 technology resources and implement service enhancements that are 80 within the scope of the services provided by the state data 81 center, if cost-effective. 82 Section 2. This act shall take effect July 1, 2016.