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.
   18  Be It Enacted by the Legislature of the State of Florida:
   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 a term 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, and at 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 and
   73  the Agency for State Technology notice 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.