Florida Senate - 2011             CONFERENCE COMMITTEE AMENDMENT
       Bill No. SB 2098, 1st Eng.
       
       
       
       
       
       
                                Barcode 490478                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/CR          .                                
             05/06/2011 05:46 PM       .                                
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       The Conference Committee on SB 2098, 1st Eng. recommended the
       following:
       
    1         Senate Conference Committee Amendment (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsections (4), (5), and (6) of section 14.204,
    7  Florida Statutes, are amended to read:
    8         14.204 Agency for Enterprise Information Technology.—The
    9  Agency for Enterprise Information Technology is created within
   10  the Executive Office of the Governor.
   11         (4) The agency shall have the following duties and
   12  responsibilities:
   13         (a) Develop strategies for the design, planning, project
   14  management, delivery, and management of the enterprise
   15  information technology services established in law, including
   16  the state data center system service established in s. 282.201,
   17  the information technology security service established in s.
   18  282.318, and the statewide e-mail service established in s.
   19  282.34.
   20         (b) Monitor the implementation, delivery, and management of
   21  the enterprise information technology services as established in
   22  law.
   23         (c) Make recommendations to the agency head and the
   24  Legislature concerning other information technology services
   25  that should be designed, delivered, and managed as enterprise
   26  information technology services as defined in s. 282.0041.
   27         (d) Plan and establish policies for managing proposed
   28  statutorily authorized enterprise information technology
   29  services, which includes:
   30         1. Developing business cases that, when applicable, include
   31  the components identified in s. 287.0571;
   32         2. Establishing and coordinating project-management teams;
   33         3. Establishing formal risk-assessment and mitigation
   34  processes; and
   35         4. Providing for independent monitoring of projects for
   36  recommended corrective actions.
   37         (e) Beginning October 1, 2010, Develop, publish, and
   38  biennially update a long-term strategic enterprise information
   39  technology plan that identifies and recommends strategies and
   40  opportunities to improve the delivery of cost-effective and
   41  efficient enterprise information technology services to be
   42  proposed for establishment pursuant to s. 282.0056.
   43         (f) Perform duties related to enterprise information
   44  technology services, including the state data center system
   45  established in as provided in s. 282.201, the information
   46  technology security service established in s. 282.318, and the
   47  statewide e-mail service established in s. 282.34.
   48         (g) Coordinate technology resource acquisition planning,
   49  and assist the Department of Management Service’s Division of
   50  Purchasing with using aggregate buying methodologies whenever
   51  possible and with procurement negotiations for hardware and
   52  software products and services in order to improve the
   53  efficiency and reduce the cost of enterprise information
   54  technology services.
   55         (h) In consultation with the Division of Purchasing in the
   56  Department of Management Services, coordinate procurement
   57  negotiations for information technology products as defined in
   58  s. 282.0041 which will be used by multiple agencies.
   59         (i) In coordination with, and through the services of, the
   60  Division of Purchasing in the Department of Management Services,
   61  establish best practices for the procurement of information
   62  technology products as defined in s. 282.0041 in order to
   63  achieve savings for the state.
   64         (j) Develop information technology standards for the
   65  efficient design, planning, project management, implementation,
   66  and delivery of enterprise information technology services. All
   67  state agencies must make the transition to the new standards.
   68         (k) Provide annually, by December 31, recommendations to
   69  the Legislature relating to techniques for consolidating the
   70  purchase of information technology commodities and services,
   71  which result in savings for the state, and for establishing a
   72  process to achieve savings through consolidated purchases.
   73         (5) The Office of Information Security shall be created
   74  within the agency. The agency shall designate a state Chief
   75  Information Security Officer who shall oversee the office and
   76  report directly to the executive director.
   77         (6) The agency shall operate in a manner that ensures the
   78  participation and representation of state agencies and the
   79  Agency Chief Information Officers Council established in s.
   80  282.315.
   81         Section 2. Subsection (10) of section 20.315, Florida
   82  Statutes, is amended to read:
   83         20.315 Department of Corrections.—There is created a
   84  Department of Corrections.
   85         (10) SINGLE INFORMATION AND RECORDS SYSTEM.—There shall be
   86  Only one offender-based information and records computer system
   87  shall be maintained by the Department of Corrections for the
   88  joint use of the department and the Parole Commission. The This
   89  data system shall be managed through the department’s office of
   90  information technology Justice Data Center. The department shall
   91  develop and maintain, in consultation with the Criminal and
   92  Juvenile Justice Information Systems Council under s. 943.08,
   93  such offender-based information, including clemency
   94  administration information and other computer services to serve
   95  the needs of both the department and the Parole Commission. The
   96  department shall notify the commission of all violations of
   97  parole and the circumstances thereof.
   98         Section 3. Present subsections (4) through (30) of section
   99  282.0041, Florida Statutes, are redesignated as subsections (2)
  100  through (28), respectively, and present subsections (2), (3),
  101  (14), and (19) of that section are amended, to read:
  102         282.0041 Definitions.—As used in this chapter, the term:
  103         (2) “Agency chief information officer” means the person
  104  employed by the agency head to coordinate and manage the
  105  information technology functions and responsibilities applicable
  106  to that agency, to participate and represent the agency in
  107  developing strategies for implementing enterprise information
  108  technology services established pursuant to this part, and to
  109  develop recommendations for enterprise information technology
  110  policy.
  111         (3) “Agency Chief Information Officers Council” means the
  112  council created in s. 282.315.
  113         (12)(14) “E-mail, messaging, and calendaring service” means
  114  the enterprise information technology service that enables users
  115  to send, receive, file, store, manage, and retrieve electronic
  116  messages, attachments, appointments, and addresses. The e-mail,
  117  messaging, and calendaring service must include e-mail account
  118  management; help desk; technical support and user provisioning
  119  services; disaster recovery and backup and restore capabilities;
  120  antispam and antivirus capabilities; archiving and e-discovery;
  121  and remote access and mobile messaging capabilities.
  122         (17)(19) “Primary data center” means a state or nonstate
  123  agency data center that is a recipient entity for consolidation
  124  of nonprimary data centers and computing facilities and that is
  125  established by. A primary data center may be authorized in law
  126  or designated by the Agency for Enterprise Information
  127  Technology pursuant to s. 282.201.
  128         Section 4. Subsection (1) of section 282.0056, Florida
  129  Statutes, is amended to read:
  130         282.0056 Development of work plan; development of
  131  implementation plans; and policy recommendations.—
  132         (1) For the purposes of carrying out its responsibilities
  133  under s. 282.0055, the Agency for Enterprise Information
  134  Technology shall develop an annual work plan within 60 days
  135  after the beginning of the fiscal year describing the activities
  136  that the agency intends to undertake for that year, including
  137  proposed outcomes and completion timeframes for the planning and
  138  implementation of all enterprise information technology
  139  services. The work plan must be presented at a public hearing
  140  and that includes the Agency Chief Information Officers Council,
  141  which may review and comment on the plan. The work plan must
  142  thereafter be approved by the Governor and Cabinet, and
  143  thereafter submitted to the President of the Senate and the
  144  Speaker of the House of Representatives. The work plan may be
  145  amended as needed, subject to approval by the Governor and
  146  Cabinet.
  147         Section 5. Subsections (2) and (3) of section 282.201,
  148  Florida Statutes, are amended, present subsections (4) and (5)
  149  of that section are amended and renumbered as subsections (5)
  150  and (6), respectively, and a new subsection (4) is added to that
  151  section, to read:
  152         282.201 State data center system; agency duties and
  153  limitations.—A state data center system that includes all
  154  primary data centers, other nonprimary data centers, and
  155  computing facilities, and that provides an enterprise
  156  information technology service as defined in s. 282.0041, is
  157  established.
  158         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  159  The Agency for Enterprise Information Technology shall:
  160         (a) Collect and maintain information necessary for
  161  developing policies relating to the data center system,
  162  including, but not limited to, an inventory of facilities.
  163         (b) Annually approve cost-recovery mechanisms and rate
  164  structures for primary data centers which recover costs through
  165  charges to customer entities.
  166         (c) By September 30 December 31 of each year, submit to the
  167  Legislature, the Executive Office of the Governor, and the
  168  primary data centers Legislature recommendations to improve the
  169  efficiency and cost-effectiveness effectiveness of computing
  170  services provided by state data center system facilities. Such
  171  recommendations must may include, but need not be limited to:
  172         1. Policies for improving the cost-effectiveness and
  173  efficiency of the state data center system, which includes the
  174  primary data centers being transferred to a shared, virtualized
  175  server environment, and the associated cost savings resulting
  176  from the implementation of such policies.
  177         2. Infrastructure improvements supporting the consolidation
  178  of facilities or preempting the need to create additional data
  179  centers or computing facilities.
  180         3. Standards for an objective, credible energy performance
  181  rating system that data center boards of trustees can use to
  182  measure state data center energy consumption and efficiency on a
  183  biannual basis.
  184         3.4. Uniform disaster recovery standards.
  185         4.5. Standards for primary data centers which provide cost
  186  effective services and providing transparent financial data to
  187  user agencies.
  188         5.6. Consolidation of contract practices or coordination of
  189  software, hardware, or other technology-related procurements and
  190  the associated cost savings.
  191         6.7. Improvements to data center governance structures.
  192         (d) By October 1 of each year beginning in 2011, provide
  193  recommendations 2009, recommend to the Governor and Legislature
  194  relating to changes to the schedule for the consolidations of
  195  state agency data centers as provided in subsection (4) at least
  196  two nonprimary data centers for consolidation into a primary
  197  data center or nonprimary data center facility.
  198         1. The consolidation proposal must provide a transition
  199  plan that includes:
  200         a. Estimated transition costs for each data center or
  201  computing facility recommended for consolidation;
  202         b. Detailed timeframes for the complete transition of each
  203  data center or computing facility recommended for consolidation;
  204         c. Proposed recurring and nonrecurring fiscal impacts,
  205  including increased or decreased costs and associated budget
  206  impacts for affected budget entities;
  207         d. Substantive legislative changes necessary to implement
  208  the transition; and
  209         e. Identification of computing resources to be transferred
  210  and those that will remain in the agency. The transfer of
  211  resources must include all hardware, software, staff, contracted
  212  services, and facility resources performing data center
  213  management and operations, security, backup and recovery,
  214  disaster recovery, system administration, database
  215  administration, system programming, job control, production
  216  control, print, storage, technical support, help desk, and
  217  managed services but excluding application development.
  218         1.2.The recommendations must shall be based on the goal of
  219  maximizing current and future cost savings by. The agency shall
  220  consider the following criteria in selecting consolidations that
  221  maximize efficiencies by providing the ability to:
  222         a. Consolidating Consolidate purchase decisions;
  223         b. Leveraging Leverage expertise and other resources to
  224  gain economies of scale;
  225         c. Implementing Implement state information technology
  226  policies more effectively; and
  227         d. Maintaining or improving Maintain or improve the level
  228  of service provision to customer entities; and
  229         e. Make progress towards the state’s goal of consolidating
  230  data centers and computing facilities into primary data centers.
  231         2.3. The agency shall establish workgroups as necessary to
  232  ensure participation by affected agencies in the development of
  233  recommendations related to consolidations.
  234         (e) By December 31, 2010, the agency shall develop and
  235  submit to the Legislature an overall consolidation plan for
  236  state data centers. The plan shall indicate a timeframe for the
  237  consolidation of all remaining nonprimary data centers into
  238  primary data centers, including existing and proposed primary
  239  data centers, by 2019.
  240         (e)(f) Develop and establish rules relating to the
  241  operation of the state data center system which comply with
  242  applicable federal regulations, including 2 C.F.R. part 225 and
  243  45 C.F.R. The agency shall publish notice of rule development in
  244  the Florida Administrative Weekly by October 1, 2011. The rules
  245  must may address:
  246         1. Ensuring that financial information is captured and
  247  reported consistently and accurately.
  248         2. Identifying standards for hardware, including standards
  249  for a shared, virtualized server environment, and operations
  250  system software and other operational software, including
  251  security and network infrastructure, for the primary data
  252  centers; requiring compliance with such standards in order to
  253  enable the efficient consolidation of the agency data centers or
  254  computing facilities; and providing an exemption process from
  255  compliance with such standards, which must be consistent with
  256  paragraph (5)(b).
  257         2. Requiring the establishment of service-level agreements
  258  executed between a data center and its customer entities for
  259  services provided.
  260         3. Requiring annual full cost recovery on an equitable
  261  rational basis. The cost-recovery methodology must ensure that
  262  no service is subsidizing another service and may include
  263  adjusting the subsequent year’s rates as a means to recover
  264  deficits or refund surpluses from a prior year.
  265         4. Requiring that any special assessment imposed to fund
  266  expansion is based on a methodology that apportions the
  267  assessment according to the proportional benefit to each
  268  customer entity.
  269         5. Requiring that rebates be given when revenues have
  270  exceeded costs, that rebates be applied to offset charges to
  271  those customer entities that have subsidized the costs of other
  272  customer entities, and that such rebates may be in the form of
  273  credits against future billings.
  274         6. Requiring that all service-level agreements have a
  275  contract term of up to 3 years, but may include an option to
  276  renew for up to 3 additional years contingent on approval by the
  277  board, and require at least a 180-day notice of termination.
  278         7. Designating any nonstate data center as a primary data
  279  center if the center:
  280         a. Has an established governance structure that represents
  281  customer entities proportionally.
  282         b. Maintains an appropriate cost-allocation methodology
  283  that accurately bills a customer entity based on the actual
  284  direct and indirect costs to the customer entity, and prohibits
  285  the subsidization of one customer entity’s costs by another
  286  entity.
  287         c. Has sufficient raised floor space, cooling, and
  288  redundant power capacity, including uninterruptible power supply
  289  and backup power generation, to accommodate the computer
  290  processing platforms and support necessary to host the computing
  291  requirements of additional customer entities.
  292         8. Removing a nonstate data center from primary data center
  293  designation if the nonstate data center fails to meet standards
  294  necessary to ensure that the state’s data is maintained pursuant
  295  to subparagraph 7.
  296         (3) STATE AGENCY DUTIES.—
  297         (a) For the purpose of completing its work activities as
  298  described in subsection (1), each state agency shall provide to
  299  the Agency for Enterprise Information Technology all requested
  300  information and any other information relevant to the agency’s
  301  ability to effectively transition its computer services into a
  302  primary data center. The agency shall also participate as
  303  required in workgroups relating to specific consolidation
  304  planning and implementation tasks as assigned by the Agency for
  305  Enterprise Information Technology and determined necessary to
  306  accomplish consolidation goals.
  307         (b) Each state agency shall submit to the Agency for
  308  Enterprise Information Technology information relating to its
  309  data centers and computing facilities as required in
  310  instructions issued by July 1 of each year by the Agency for
  311  Enterprise Information Technology. The information required may
  312  include:
  313         1. Amount of floor space used and available.
  314         2. Numbers and capacities of mainframes and servers.
  315         3. Storage and network capacity.
  316         4. Amount of power used and the available capacity.
  317         5. Estimated expenditures by service area, including
  318  hardware and software, numbers of full-time equivalent
  319  positions, personnel turnover, and position reclassifications.
  320         6. A list of contracts in effect for the fiscal year,
  321  including, but not limited to, contracts for hardware, software
  322  and maintenance, including the expiration date, the contract
  323  parties, and the cost of the contract.
  324         7. Service-level agreements by customer entity.
  325         (c) The chief information officer of each state agency
  326  shall assist the Agency for Enterprise Information Technology at
  327  the request of the Agency for Enterprise Information Technology.
  328         (c)(d) Each state agency customer of a primary data center
  329  shall notify the data center, by May 31 and November 30 of each
  330  year, of any significant changes in anticipated utilization of
  331  data center services pursuant to requirements established by the
  332  boards of trustees of each primary data center.
  333         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  334         (a) Consolidations of agency data centers shall be made by
  335  the date and to the specified primary data center as provided in
  336  this section and in accordance with budget adjustments contained
  337  in the General Appropriations Act.
  338         (b) By December 31, 2011, the following shall be
  339  consolidated into the Northwest Regional Data Center:
  340         1.The Department of Education’s Knott Data Center in the
  341  Turlington Building.
  342         2. The Department of Education’s Division of Vocational
  343  Rehabilitation.
  344         3. The Department of Education’s Division of Blind
  345  Services, except for the division’s disaster recovery site in
  346  Daytona Beach.
  347         4. The FCAT Explorer.
  348         5. FACTS.org.
  349         (c) During the 2011-2012 fiscal year, the following shall
  350  be consolidated into the Southwood Shared Resource Center:
  351         1. By September 30, 2011, the Department of Corrections.
  352         2. By March 31, 2012, the Department of Transportation’s
  353  Burns Building.
  354         3. By March 31, 2012, the Department of Transportation’s
  355  Survey & Mapping Office.
  356         (d) During the 2011-2012 fiscal year, the following shall
  357  be consolidated into the Northwood Shared Resource Center:
  358         1. By July 1, 2011, the Department of Transportation’s
  359  Office of Motor Carrier Compliance.
  360         2.By March 31, 2012, the Department of Highway Safety and
  361  Motor Vehicles.
  362         (e) During the 2012-2013 fiscal year, the following shall
  363  be consolidated into the Southwood Shared Resource Center:
  364         1. By September 30, 2012, the Division of Emergency
  365  Management and the Department of Community Affairs, except for
  366  the Emergency Operation Center’s management system in
  367  Tallahassee and the Camp Blanding Emergency Operations Center in
  368  Starke.
  369         2. By September 30, 2012, the Department of Revenue’s
  370  Carlton Building and Imaging Center locations.
  371         3.By December 31, 2012, the Department of Health’s Test
  372  and Development Lab and all remaining data center resources
  373  located at the Capital Circle Office Complex.
  374         (f) During the 2012-2013 fiscal year, the following shall
  375  be consolidated into the Northwood Shared Resource Center:
  376         1. By July 1, 2012, the Agency for Health Care
  377  Administration.
  378         2. By December 31, 2012, the Department of Environmental
  379  Protection’s Palmetto Commons.
  380         3. By March 30, 2013, the Department of Law Enforcement’s
  381  headquarters location.
  382         (g)During the 2013-2014 fiscal year, the following
  383  agencies shall work with the Agency for Enterprise Information
  384  Technology to begin preliminary planning for consolidation into
  385  a primary data center:
  386         1. The Department of the Lottery’s headquarters location.
  387         2. The Department of Legal Affairs.
  388         3. The Fish and Wildlife Conservation Commission, except
  389  for the commission’s Fish and Wildlife Research Institute in St.
  390  Petersburg.
  391         4. The Executive Office of the Governor.
  392         5. The Department of Veterans’ Affairs.
  393         6. The Department of Elderly Affairs.
  394         7. The Department of Financial Services’ Hartman, Larson,
  395  and Fletcher Building Data Centers.
  396         8. The Department of Agriculture and Consumer Services’
  397  Agriculture Management Information Center in the Mayo Building
  398  and Division of Licensing.
  399         (h) During the 2014-2015 fiscal year, the following
  400  agencies shall work with the Agency for Enterprise Information
  401  Technology to begin preliminary planning for consolidation into
  402  a primary data center:
  403         1. The Department of Health’s Jacksonville Lab Data Center.
  404         2. The Department of Transportation’s district offices,
  405  toll offices, and the District Materials Office.
  406         3. The Department of Military Affairs’ Camp Blanding Joint
  407  Training Center in Starke.
  408         4. The Department of Community Affairs’ Camp Blanding
  409  Emergency Operations Center in Starke.
  410         5. The Department of Education’s Division of Blind Services
  411  disaster recovery site in Daytona Beach.
  412         6. The Department of Education’s disaster recovery site at
  413  Santa Fe College.
  414         7. The Department of the Lottery’s Disaster Recovery Backup
  415  Data Center in Orlando.
  416         8. The Fish and Wildlife Conservation Commission’s Fish and
  417  Wildlife Research Institute in St. Petersburg.
  418         9. The Department of Children and Family Services’ Suncoast
  419  Data Center in Tampa.
  420         10. The Department of Children and Family Services’ Florida
  421  State Hospital in Chattahoochee.
  422         (i)During the 2015-2016 fiscal year, all computing
  423  resources remaining within an agency nonprimary data center or
  424  computing facility shall be transferred to a primary data center
  425  for consolidation unless otherwise required to remain in the
  426  agency for specified financial, technical, or business reasons
  427  that must be justified in writing and approved by the Agency for
  428  Enterprise Information Technology. Such data centers, computing
  429  facilities, and resources must be identified by the Agency for
  430  Enterprise Information Technology by October 1, 2014.
  431         (j)Any agency that is consolidating agency data centers
  432  into a primary data center must execute a new or update an
  433  existing service-level agreement within 60 days after the
  434  specified consolidation date, as required by s. 282.203, in
  435  order to specify the services and levels of service it is to
  436  receive from the primary data center as a result of the
  437  consolidation. If an agency is unable to execute a service-level
  438  agreement by that date, the agency shall submit a report to the
  439  Executive Office of the Governor and to the chairs of the
  440  legislative appropriations committees within 5 working days
  441  after that date which explains the specific issues preventing
  442  execution and describing its plan and schedule for resolving
  443  those issues.
  444         (k) Beginning September 1, 2011, and every 6 months
  445  thereafter until data center consolidations are complete, the
  446  Agency for Enterprise Information Technology shall provide a
  447  status report on the implementation of the consolidations that
  448  must be completed during the fiscal year. The report shall be
  449  submitted to the Executive Office of the Governor and the chairs
  450  of the legislative appropriations committees. The report must,
  451  at a minimum, describe:
  452         1. Whether the consolidation is on schedule, including
  453  progress on achieving the milestones necessary for successful
  454  and timely consolidation of scheduled agency data centers and
  455  computing facilities; and
  456         2. The risks that may affect the progress or outcome of the
  457  consolidation and how these risks are being addressed,
  458  mitigated, or managed.
  459         (l) Each agency identified in this subsection for
  460  consolidation into a primary data center shall submit a
  461  transition plan to the Agency for Enterprise Information
  462  Technology by September 1 of the fiscal year before the fiscal
  463  year in which the scheduled consolidation will occur. Transition
  464  plans shall be developed in consultation with the appropriate
  465  primary data centers and the Agency for Enterprise Information
  466  Technology, and must include:
  467         1. An inventory of the agency data center’s resources being
  468  consolidated, including all hardware, software, staff, and
  469  contracted services, and the facility resources performing data
  470  center management and operations, security, backup and recovery,
  471  disaster recovery, system administration, database
  472  administration, system programming, job control, production
  473  control, print, storage, technical support, help desk, and
  474  managed services, but excluding application development;
  475         2. A description of the level of services needed to meet
  476  the technical and operational requirements of the platforms
  477  being consolidated and an estimate of the primary data center’s
  478  cost for the provision of such services;
  479         3. A description of resources for computing services
  480  proposed to remain in the department;
  481         4. A timetable with significant milestones for the
  482  completion of the consolidation; and
  483         5. The specific recurring and nonrecurring budget
  484  adjustments of budget resources by appropriation category into
  485  the appropriate data-processing category pursuant to the
  486  legislative budget instructions in s. 216.023 necessary to
  487  support agency costs for the transfer.
  488         (m) Each primary data center shall develop a transition
  489  plan for absorbing the transfer of agency data center resources
  490  based upon the timetables for transition as provided in this
  491  subsection. The plan shall be submitted to the Agency for
  492  Enterprise Information Technology, the Executive Office of the
  493  Governor, and the chairs of the legislative appropriations
  494  committees by September 30 of the fiscal year before the fiscal
  495  year in which the scheduled consolidations will occur. Each plan
  496  must include:
  497         1. An estimate of the cost to provide data center services
  498  for each agency scheduled for consolidation;
  499         2. A staffing plan that identifies the projected staffing
  500  needs and requirements based on the estimated workload
  501  identified in the agency transition plan;
  502         3. The fiscal year adjustments to budget categories in
  503  order to absorb the transfer of agency data center resources
  504  pursuant to the legislative budget request instructions provided
  505  in s. 216.023;
  506         4. An analysis of the cost effects resulting from the
  507  planned consolidations on existing agency customers; and
  508         5. A description of any issues that must be resolved in
  509  order to accomplish as efficiently and effectively as possible
  510  all consolidations required during the fiscal year.
  511         (n)The Agency for Enterprise Information Technology shall
  512  develop a comprehensive transition plan, which shall be
  513  submitted by October 15th of the fiscal year before the fiscal
  514  year in which the scheduled consolidations will occur to each
  515  primary data center, to the Executive Office of the Governor,
  516  and the chairs of the legislative appropriations committees. The
  517  transition plan shall be developed in consultation with agencies
  518  submitting agency transition plans and with the affected primary
  519  data centers. The comprehensive transition plan must include:
  520         1. Recommendations for accomplishing the proposed
  521  transitions as efficiently and effectively as possible with
  522  minimal disruption to customer agency business processes;
  523         2. Strategies to minimize risks associated with any of the
  524  proposed consolidations;
  525         3. A compilation of the agency transition plans submitted
  526  by agencies scheduled for consolidation for the following fiscal
  527  year; and
  528         4. Revisions to any budget adjustments provided in the
  529  agency or primary data center transition plans.
  530         (o) Any agency data center scheduled for consolidation
  531  after the 2011-2012 fiscal year may consolidate into a primary
  532  data center before its scheduled date contingent upon the
  533  approval of the Agency for Enterprise Information Technology.
  534         (5)(4) AGENCY LIMITATIONS.—
  535         (a) Unless authorized by the Legislature or as provided in
  536  paragraphs (b) and (c), a state agency may not:
  537         1. Create a new computing facility or data center, or
  538  expand the capability to support additional computer equipment
  539  in an existing computing facility or nonprimary data center;
  540         2. Spend funds before the agency’s scheduled consolidation
  541  into a primary data center to purchase or modify hardware or
  542  operations software that does not comply with hardware and
  543  software standards established by the Agency for Enterprise
  544  Information Technology pursuant to paragraph (2)(e) for the
  545  efficient consolidation of the agency data centers or computing
  546  facilities;
  547         3.2. Transfer existing computer services to any data center
  548  other than a primary nonprimary data center or computing
  549  facility;
  550         4.3. Terminate services with a primary data center or
  551  transfer services between primary data centers without giving
  552  written notice of intent to terminate or transfer services 180
  553  days before such termination or transfer; or
  554         5.4. Initiate a new computer service if it does not
  555  currently have an internal data center except with a primary
  556  data center.
  557         (b) Exceptions to the limitations in subparagraphs (a)1.,
  558  2., 3., and 5. 4. may be granted by the Agency for Enterprise
  559  Information Technology if there is insufficient capacity in a
  560  primary data center to absorb the workload associated with
  561  agency computing services, if expenditures are compatible with
  562  the scheduled consolidation and the standards established
  563  pursuant to paragraph (2)(e), or if the equipment or resources
  564  are needed to meet a critical agency business need that cannot
  565  be satisfied from surplus equipment or resources of the primary
  566  data center until the agency data center is consolidated.
  567         1. A request for an exception must be submitted in writing
  568  to the Agency for Enterprise Information Technology. The agency
  569  must accept, accept with conditions, or deny the request within
  570  60 days after receipt of the written request. The agency’s
  571  decision is not subject to chapter 120.
  572         2. At a minimum, the agency may not approve a request
  573  unless it includes:
  574         a. Documentation approved by the primary data center’s
  575  board of trustees which confirms that the center cannot meet the
  576  capacity requirements of the agency requesting the exception
  577  within the current fiscal year.
  578         b. A description of the capacity requirements of the agency
  579  requesting the exception.
  580         c. Documentation from the agency demonstrating why it is
  581  critical to the agency’s mission that the expansion or transfer
  582  must be completed within the fiscal year rather than when
  583  capacity is established at a primary data center.
  584         (c) Exceptions to subparagraph (a)4. (a)3. may be granted
  585  by the board of trustees of the primary data center if the
  586  termination or transfer of services can be absorbed within the
  587  current cost-allocation plan.
  588         (d) Upon the termination of or transfer of agency computing
  589  services from the primary data center, the primary data center
  590  shall require information sufficient to determine compliance
  591  with this section. If a primary data center determines that an
  592  agency is in violation of this section, it shall report the
  593  violation to the Agency for Enterprise Information Technology.
  594         (6)(5) RULES.—The Agency for Enterprise Information
  595  Technology may is authorized to adopt rules pursuant to ss.
  596  120.536(1) and 120.54 to administer the provisions of this part
  597  relating to the state data center system including the primary
  598  data centers.
  599         Section 6. Paragraphs (f) through (l) of subsection (1),
  600  paragraph (a) of subsection (2), and paragraph (j) of subsection
  601  (3) of section 282.203, Florida Statutes, are amended to read:
  602         282.203 Primary data centers.—
  603         (1) DATA CENTER DUTIES.—Each primary data center shall:
  604         (f) By December 31, 2010, submit organizational plans that
  605  minimize the annual recurring cost of center operations and
  606  eliminate the need for state agency customers to maintain data
  607  center skills and staff within their agency. The plans shall:
  608         1. Establish an efficient organizational structure
  609  describing the roles and responsibilities of all positions and
  610  business units in the centers;
  611         2. Define a human resources planning and management process
  612  that shall be used to make required center staffing decisions;
  613  and
  614         3. Develop a process for projecting staffing requirements
  615  based on estimated workload identified in customer agency
  616  service level agreements.
  617         (f)(g) Maintain the performance of the facility, which
  618  includes ensuring proper data backup, data backup recovery, an
  619  effective disaster recovery plan, and appropriate security,
  620  power, cooling and fire suppression, and capacity.
  621         (g)(h) Develop a business continuity plan and conduct a
  622  live exercise of the plan at least annually. The plan must be
  623  approved by the board and the Agency for Enterprise Information
  624  Technology.
  625         (h)(i) Enter into a service-level agreement with each
  626  customer entity to provide services as defined and approved by
  627  the board in compliance with rules of the Agency for Enterprise
  628  Information Technology. A service-level agreement may not have a
  629  term exceeding 3 years but may include an option to renew for up
  630  to 3 years contingent on approval by the board.
  631         1. A service-level agreement, at a minimum, must:
  632         a. Identify the parties and their roles, duties, and
  633  responsibilities under the agreement;
  634         b. Identify the legal authority under which the service
  635  level agreement was negotiated and entered into by the parties;
  636         c. State the duration of the contractual term and specify
  637  the conditions for contract renewal;
  638         d. Prohibit the transfer of computing services between
  639  primary data center facilities without at least 180 days’ notice
  640  of service cancellation;
  641         e. Identify the scope of work;
  642         f. Identify the products or services to be delivered with
  643  sufficient specificity to permit an external financial or
  644  performance audit;
  645         g. Establish the services to be provided, the business
  646  standards that must be met for each service, the cost of each
  647  service, and the process by which the business standards for
  648  each service are to be objectively measured and reported;
  649         h. Identify applicable funds and funding streams for the
  650  services or products under contract;
  651         i. Provide a timely billing methodology for recovering the
  652  cost of services provided to the customer entity;
  653         j. Provide a procedure for modifying the service-level
  654  agreement to address changes in projected costs of service;
  655         k. Provide that a service-level agreement may be terminated
  656  by either party for cause only after giving the other party and
  657  the Agency for Enterprise Information Technology notice in
  658  writing of the cause for termination and an opportunity for the
  659  other party to resolve the identified cause within a reasonable
  660  period; and
  661         l. Provide for mediation of disputes by the Division of
  662  Administrative Hearings pursuant to s. 120.573.
  663         2. A service-level agreement may include:
  664         a. A dispute resolution mechanism, including alternatives
  665  to administrative or judicial proceedings;
  666         b. The setting of a surety or performance bond for service
  667  level agreements entered into with nonstate agency primary data
  668  centers established by law, which may be designated by the
  669  Agency for Enterprise Information Technology; or
  670         c. Additional terms and conditions as determined advisable
  671  by the parties if such additional terms and conditions do not
  672  conflict with the requirements of this section or rules adopted
  673  by the Agency for Enterprise Information Technology.
  674         3. The failure to execute a service-level agreement within
  675  60 days after service commencement shall, in the case of an
  676  existing customer entity, result in a continuation of the terms
  677  of the service-level agreement from the prior fiscal year,
  678  including any amendments that were formally proposed to the
  679  customer entity by the primary data center within the 3 months
  680  before service commencement, and a revised cost-of-service
  681  estimate. If a new customer entity fails to execute an agreement
  682  within 60 days after service commencement, the data center may
  683  cease services.
  684         (i)(j) Plan, design, establish pilot projects for, and
  685  conduct experiments with information technology resources, and
  686  implement enhancements in services if such implementation is
  687  cost-effective and approved by the board.
  688         (j)(k) Enter into a memorandum of understanding with the
  689  agency where the data center is administratively located if the
  690  data center requires the agency to provide any administrative
  691  which establishes the services to be provided by that agency to
  692  the data center and the cost of such services.
  693         (k)(l) Be the custodian of resources and equipment that are
  694  located, operated, supported, and managed by the center for the
  695  purposes of chapter 273.
  696         (l) Assume administrative access rights to the resources
  697  and equipment, such as servers, network components, and other
  698  devices that are consolidated into the primary data center.
  699         1. Upon the date of each consolidation specified in s.
  700  282.201, the General Appropriations Act, or the Laws of Florida,
  701  each agency shall relinquish all administrative access rights to
  702  such resources and equipment.
  703         2. Each primary data center shall provide its customer
  704  agencies with the appropriate level of access to applications,
  705  servers, network components, and other devices necessary for
  706  agencies to perform their core business activities and
  707  functions.
  708         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  709  headed by a board of trustees as defined in s. 20.03.
  710         (a) The members of the board shall be appointed by the
  711  agency head or chief executive officer of the representative
  712  customer entities of the primary data center and shall serve at
  713  the pleasure of the appointing customer entity. Each agency head
  714  or chief executive officer may appoint an alternate member for
  715  each board member appointed pursuant to this subsection.
  716         1. During the first fiscal year that a state agency is to
  717  consolidate its data center operations to a primary data center
  718  and for the following full fiscal year, the agency shall have a
  719  single trustee having one vote on the board of the state primary
  720  data center where it is to consolidate, unless it is entitled in
  721  the second year to a greater number of votes as provided in
  722  subparagraph 3. For each of the first 2 fiscal years that a
  723  center is in operation, membership shall be as provided in
  724  subparagraph 3. based on projected customer entity usage rates
  725  for the fiscal operating year of the primary data center.
  726  However, at a minimum:
  727         a. During the Southwood Shared Resource Center’s first 2
  728  operating years, the Department of Transportation, the
  729  Department of Highway Safety and Motor Vehicles, the Department
  730  of Health, and the Department of Revenue must each have at least
  731  one trustee.
  732         b. During the Northwood Shared Resource Center’s first
  733  operating year, the Department of State and the Department of
  734  Education must each have at least one trustee.
  735         2. Board After the second full year of operation,
  736  membership shall be as provided in subparagraph 3. based on the
  737  most recent estimate of customer entity usage rates for the
  738  prior year and a projection of usage rates for the first 9
  739  months of the next fiscal year. Such calculation must be
  740  completed before the annual budget meeting held before the
  741  beginning of the next fiscal year so that any decision to add or
  742  remove board members can be voted on at the budget meeting and
  743  become effective on July 1 of the subsequent fiscal year.
  744         3. Each customer entity that has a projected usage rate of
  745  4 percent or greater during the fiscal operating year of the
  746  primary data center shall have one trustee on the board.
  747         4. The total number of votes for each trustee shall be
  748  apportioned as follows:
  749         a. Customer entities of a primary data center whose usage
  750  rate represents 4 but less than 15 percent of total usage shall
  751  have one vote.
  752         b. Customer entities of a primary data center whose usage
  753  rate represents 15 but less than 30 percent of total usage shall
  754  have two votes.
  755         c. Customer entities of a primary data center whose usage
  756  rate represents 30 but less than 50 percent of total usage shall
  757  have three votes.
  758         d. A customer entity of a primary data center whose usage
  759  rate represents 50 percent or more of total usage shall have
  760  four votes.
  761         e. A single trustee having one vote shall represent those
  762  customer entities that represent less than 4 percent of the
  763  total usage. The trustee shall be selected by a process
  764  determined by the board.
  765         (3) BOARD DUTIES.—Each board of trustees of a primary data
  766  center shall:
  767         (j) Maintain the capabilities of the primary data center’s
  768  facilities. Maintenance responsibilities include, but are not
  769  limited to, ensuring that adequate conditioned floor space, fire
  770  suppression, cooling, and power is in place; replacing aging
  771  equipment when necessary; and making decisions related to data
  772  center expansion and renovation, periodic upgrades, and
  773  improvements that are required to ensure the ongoing suitability
  774  of the facility as an enterprise data center consolidation site
  775  in the state data center system. To the extent possible, the
  776  board shall ensure that its approved annual cost-allocation plan
  777  recovers sufficient funds from its customers to provide for
  778  these needs pursuant to s. 282.201(2)(e).
  779         Section 7. Section 282.204, Florida Statutes, is amended to
  780  read:
  781         282.204 Northwood Shared Resource Center.—The Northwood
  782  Shared Resource Center is an agency established within the
  783  Department of Management Services Children and Family Services
  784  for administrative purposes only.
  785         (1) The center is a primary data center and is shall be a
  786  separate budget entity that is not subject to control,
  787  supervision, or direction of the department in any manner,
  788  including, but not limited to, purchasing, transactions
  789  involving real or personal property, personnel, or budgetary
  790  matters.
  791         (2) The center shall be headed by a board of trustees as
  792  provided in s. 282.203, who shall comply with all requirements
  793  of that section related to the operation of the center and with
  794  the rules of the Agency for Enterprise Information Technology
  795  related to the design and delivery of enterprise information
  796  technology services.
  797         Section 8. Sections 282.3055 and 282.315, Florida Statutes,
  798  are repealed.
  799         Section 9. Subsections (3) through (7) of section 282.318,
  800  Florida Statutes, are amended to read:
  801         282.318 Enterprise security of data and information
  802  technology.—
  803         (3) The Office of Information Security within the Agency
  804  for Enterprise Information Technology is responsible for
  805  establishing rules and publishing guidelines for ensuring an
  806  appropriate level of security for all data and information
  807  technology resources for executive branch agencies. The agency
  808  office shall also perform the following duties and
  809  responsibilities:
  810         (a) Develop, and annually update by February 1, an
  811  enterprise information security strategic plan that includes
  812  security goals and objectives for the strategic issues of
  813  information security policy, risk management, training, incident
  814  management, and survivability planning.
  815         (b) Develop enterprise security rules and published
  816  guidelines for:
  817         1. Comprehensive risk analyses and information security
  818  audits conducted by state agencies.
  819         2. Responding to suspected or confirmed information
  820  security incidents, including suspected or confirmed breaches of
  821  personal information or exempt data.
  822         3. Agency security plans, including strategic security
  823  plans and security program plans.
  824         4. The recovery of information technology and data
  825  following a disaster.
  826         5. The managerial, operational, and technical safeguards
  827  for protecting state government data and information technology
  828  resources.
  829         (c) Assist agencies in complying with the provisions of
  830  this section.
  831         (d) Pursue appropriate funding for the purpose of enhancing
  832  domestic security.
  833         (e) Provide training for agency information security
  834  managers.
  835         (f) Annually review the strategic and operational
  836  information security plans of executive branch agencies.
  837         (4) To assist the Agency for Enterprise Information
  838  Technology Office of Information Security in carrying out its
  839  responsibilities, each agency head shall, at a minimum:
  840         (a) Designate an information security manager to administer
  841  the security program of the agency for its data and information
  842  technology resources. This designation must be provided annually
  843  in writing to the Agency for Enterprise Information Technology
  844  office by January 1.
  845         (b) Submit to the Agency for Enterprise Information
  846  Technology office annually by July 31, the agency’s strategic
  847  and operational information security plans developed pursuant to
  848  the rules and guidelines established by the Agency for
  849  Enterprise Information Technology office.
  850         1. The agency strategic information security plan must
  851  cover a 3-year period and define security goals, intermediate
  852  objectives, and projected agency costs for the strategic issues
  853  of agency information security policy, risk management, security
  854  training, security incident response, and survivability. The
  855  plan must be based on the enterprise strategic information
  856  security plan created by the Agency for Enterprise Information
  857  Technology office. Additional issues may be included.
  858         2. The agency operational information security plan must
  859  include a progress report for the prior operational information
  860  security plan and a project plan that includes activities,
  861  timelines, and deliverables for security objectives that,
  862  subject to current resources, the agency will implement during
  863  the current fiscal year. The cost of implementing the portions
  864  of the plan which cannot be funded from current resources must
  865  be identified in the plan.
  866         (c) Conduct, and update every 3 years, a comprehensive risk
  867  analysis to determine the security threats to the data,
  868  information, and information technology resources of the agency.
  869  The risk analysis information is confidential and exempt from
  870  the provisions of s. 119.07(1), except that such information
  871  shall be available to the Auditor General and the Agency for
  872  Enterprise Information Technology for performing postauditing
  873  duties.
  874         (d) Develop, and periodically update, written internal
  875  policies and procedures, which include procedures for notifying
  876  the Agency for Enterprise Information Technology office when a
  877  suspected or confirmed breach, or an information security
  878  incident, occurs. Such policies and procedures must be
  879  consistent with the rules and guidelines established by the
  880  Agency for Enterprise Information Technology office to ensure
  881  the security of the data, information, and information
  882  technology resources of the agency. The internal policies and
  883  procedures that, if disclosed, could facilitate the unauthorized
  884  modification, disclosure, or destruction of data or information
  885  technology resources are confidential information and exempt
  886  from s. 119.07(1), except that such information shall be
  887  available to the Auditor General and the Agency for Enterprise
  888  Information Technology for performing postauditing duties.
  889         (e) Implement appropriate cost-effective safeguards to
  890  address identified risks to the data, information, and
  891  information technology resources of the agency.
  892         (f) Ensure that periodic internal audits and evaluations of
  893  the agency’s security program for the data, information, and
  894  information technology resources of the agency are conducted.
  895  The results of such audits and evaluations are confidential
  896  information and exempt from s. 119.07(1), except that such
  897  information shall be available to the Auditor General and the
  898  Agency for Enterprise Information Technology for performing
  899  postauditing duties.
  900         (g) Include appropriate security requirements in the
  901  written specifications for the solicitation of information
  902  technology and information technology resources and services,
  903  which are consistent with the rules and guidelines established
  904  by the Agency for Enterprise Information Technology office.
  905         (h) Provide security awareness training to employees and
  906  users of the agency’s communication and information resources
  907  concerning information security risks and the responsibility of
  908  employees and users to comply with policies, standards,
  909  guidelines, and operating procedures adopted by the agency to
  910  reduce those risks.
  911         (i) Develop a process for detecting, reporting, and
  912  responding to suspected or confirmed security incidents,
  913  including suspected or confirmed breaches consistent with the
  914  security rules and guidelines established by the Agency for
  915  Enterprise Information Technology office.
  916         1. Suspected or confirmed information security incidents
  917  and breaches must be immediately reported to the Agency for
  918  Enterprise Information Technology office.
  919         2. For incidents involving breaches, agencies shall provide
  920  notice in accordance with s. 817.5681 and to the Agency for
  921  Enterprise Information Technology office in accordance with this
  922  subsection.
  923         (5) Each state agency shall include appropriate security
  924  requirements in the specifications for the solicitation of
  925  contracts for procuring information technology or information
  926  technology resources or services which are consistent with the
  927  rules and guidelines established by the Agency for Enterprise
  928  Information Technology Office of Information Security.
  929         (6) The Agency for Enterprise Information Technology may
  930  adopt rules relating to information security and to administer
  931  the provisions of this section.
  932         (7) By December 31, 2010, the Agency for Enterprise
  933  Information Technology shall develop, and submit to the
  934  Governor, the President of the Senate, and the Speaker of the
  935  House of Representatives a proposed implementation plan for
  936  information technology security. The agency shall describe the
  937  scope of operation, conduct costs and requirements analyses,
  938  conduct an inventory of all existing security information
  939  technology resources, and develop strategies, timeframes, and
  940  resources necessary for statewide migration.
  941         Section 10. Subsections (2), (3), and (4) of section
  942  282.33, Florida Statutes, are amended to read:
  943         282.33 Objective standards for data center energy
  944  efficiency.—
  945         (2) State shared resource data centers and other data
  946  centers that the Agency for Enterprise Information Technology
  947  has determined will be recipients for consolidating data
  948  centers, which are designated by the Agency for Enterprise
  949  Information Technology, shall evaluate their data center
  950  facilities for energy efficiency using the standards established
  951  in this section.
  952         (a) Results of these evaluations shall be reported to the
  953  Agency for Enterprise Information Technology, the President of
  954  the Senate, and the Speaker of the House of Representatives.
  955  Reports shall enable the tracking of energy performance over
  956  time and comparisons between facilities.
  957         (b) Beginning By December 31, 2010, and every 3 years
  958  biennially thereafter, the Agency for Enterprise Information
  959  Technology shall submit to the Legislature recommendations for
  960  reducing energy consumption and improving the energy efficiency
  961  of state primary data centers.
  962         (3) The primary means of achieving maximum energy savings
  963  across all state data centers and computing facilities shall be
  964  the consolidation of data centers and computing facilities as
  965  determined by the Agency for Enterprise Information Technology.
  966  State data centers and computing facilities in the state data
  967  center system shall be established as an enterprise information
  968  technology service as defined in s. 282.0041. The Agency for
  969  Enterprise Information Technology shall make recommendations on
  970  consolidating state data centers and computing facilities,
  971  pursuant to s. 282.0056, by December 31, 2009.
  972         (3)(4)If When the total cost of ownership of an energy
  973  efficient product is less than or equal to the cost of the
  974  existing data center facility or infrastructure, technical
  975  specifications for energy-efficient products should be
  976  incorporated in the plans and processes for replacing,
  977  upgrading, or expanding data center facilities or
  978  infrastructure, including, but not limited to, network, storage,
  979  or computer equipment and software.
  980         Section 11. Section 282.34, Florida Statutes, is amended to
  981  read:
  982         282.34 Statewide e-mail service.—A statewide state e-mail
  983  service system that includes the delivery and support of e-mail,
  984  messaging, and calendaring capabilities is established as an
  985  enterprise information technology service as defined in s.
  986  282.0041. The service shall be designed to meet the needs of all
  987  executive branch agencies, and may also be used by nonstate
  988  agency entities. The primary goals of the service are to
  989  minimize the state investment required to establish, operate,
  990  and support the statewide service; reduce the cost of current e
  991  mail operations and the number of duplicative e-mail systems;
  992  and eliminate the need for each state agency to maintain its own
  993  e-mail staff.
  994         (1) The Southwood Shared Resource Center, a primary data
  995  center, shall be the provider of the statewide e-mail service
  996  for all state agencies. The center shall centrally host, manage,
  997  operate, and support the service, or outsource the hosting,
  998  management, operational, or support components of the service in
  999  order to achieve the primary goals identified in this section.
 1000         (2) The Agency for Enterprise Information Technology, in
 1001  cooperation and consultation with all state agencies, shall
 1002  prepare and submit for approval by the Legislative Budget
 1003  Commission at a meeting scheduled before June 30, 2011, a
 1004  proposed plan for the migration of all state agencies to the
 1005  statewide e-mail service. The plan for migration must include:
 1006         (a) A cost-benefit analysis that compares the total
 1007  recurring and nonrecurring operating costs of the current agency
 1008  e-mail systems, including monthly mailbox costs, staffing,
 1009  licensing and maintenance costs, hardware, and other related e
 1010  mail product and service costs to the costs associated with the
 1011  proposed statewide e-mail service. The analysis must also
 1012  include:
 1013         1. A comparison of the estimated total 7-year life-cycle
 1014  cost of the current agency e-mail systems versus the feasibility
 1015  of funding the migration and operation of the statewide e-mail
 1016  service.
 1017         2. An estimate of recurring costs associated with the
 1018  energy consumption of current agency e-mail equipment, and the
 1019  basis for the estimate.
 1020         3. An identification of the overall cost savings resulting
 1021  from state agencies migrating to the statewide e-mail service
 1022  and decommissioning their agency e-mail systems.
 1023         (b) A proposed migration date for all state agencies to be
 1024  migrated to the statewide e-mail service. The Agency for
 1025  Enterprise Information Technology shall work with the Executive
 1026  Office of the Governor to develop the schedule for migrating all
 1027  state agencies to the statewide e-mail service except for the
 1028  Department of Legal Affairs. The Department of Legal Affairs
 1029  shall provide to the Agency for Enterprise Information
 1030  Technology by June 1, 2011, a proposed migration date based upon
 1031  its decision to participate in the statewide e-mail service and
 1032  the identification of any issues that require resolution in
 1033  order to migrate to the statewide e-mail service.
 1034         (c) A budget amendment, submitted pursuant to chapter 216,
 1035  for adjustments to each agency’s approved operating budget
 1036  necessary to transfer sufficient budget resources into the
 1037  appropriate data processing category to support its statewide e
 1038  mail service costs.
 1039         (d) A budget amendment, submitted pursuant to chapter 216,
 1040  for adjustments to the Southwood Shared Resource Center approved
 1041  operating budget to include adjustments in the number of
 1042  authorized positions, salary budget and associated rate,
 1043  necessary to implement the statewide email service.
 1044         (3) Contingent upon approval by the Legislative Budget
 1045  Commission, the Southwood Shared Resource Center may contract
 1046  for the provision of a statewide e-mail service. Executive
 1047  branch agencies must be completely migrated to the statewide e
 1048  mail service based upon the migration date included in the
 1049  proposed plan approved by the Legislative Budget Commission.
 1050         (4) Notwithstanding chapter 216, General Revenue funds may
 1051  be increased or decreased for each agency provided the net
 1052  change to General Revenue in total for all agencies is zero or
 1053  less.
 1054         (5) Subsequent to the approval of the consolidated budget
 1055  amendment to reflect budget adjustments necessary to migrate to
 1056  the statewide e-mail service, an agency may make adjustments
 1057  subject to s. 216.177, notwithstanding provisions in chapter 216
 1058  which may require such adjustments to be approved by the
 1059  Legislative Budget Commission.
 1060         (6) No agency may initiate a new e-mail service or execute
 1061  a new e-mail contract or amend a current e-mail contract, other
 1062  than with the Southwood Shared Resource Center, for nonessential
 1063  products or services unless the Legislative Budget Commission
 1064  denies approval for the Southwood Shared Resource Center to
 1065  enter into a contract for the statewide e-mail service.
 1066         (7) The Agency for Enterprise Information Technology shall
 1067  work with the Southwood Shared Resource Center to develop an
 1068  implementation plan that identifies and describes the detailed
 1069  processes and timelines for an agency’s migration to the
 1070  statewide e-mail service based on the migration date approved by
 1071  the Legislative Budget Commission. The agency may establish and
 1072  coordinate workgroups consisting of agency e-mail management,
 1073  information technology, budget, and administrative staff to
 1074  assist the agency in the development of the plan.
 1075         (8) Each executive branch agency shall provide all
 1076  information necessary to develop the implementation plan,
 1077  including, but not limited to, required mailbox features and the
 1078  number of mailboxes that will require migration services. Each
 1079  agency must also identify any known business, operational, or
 1080  technical plans, limitations, or constraints that should be
 1081  considered when developing the plan.
 1082         (2) The Agency for Enterprise Information Technology, in
 1083  consultation with the Southwood Shared Resource Center, shall
 1084  establish and coordinate a multiagency project team to develop a
 1085  competitive solicitation for establishing the statewide e-mail
 1086  service.
 1087         (a) The Southwood Shared Resource Center shall issue the
 1088  competitive solicitation by August 31, 2010, with vendor
 1089  responses required by October 15, 2010. Issuance of the
 1090  competitive solicitation does not obligate the agency and the
 1091  center to conduct further negotiations or to execute a contract.
 1092  The decision to conduct or conclude negotiations, or execute a
 1093  contract, must be made solely at the discretion of the agency.
 1094         (b) The competitive solicitation must include detailed
 1095  specifications describing:
 1096         1. The current e-mail approach for state agencies and the
 1097  specific business objectives met by the present system.
 1098         2. The minimum functional requirements necessary for
 1099  successful statewide implementation and the responsibilities of
 1100  the prospective service provider and the agency.
 1101         3. The form and required content for submitted proposals,
 1102  including, but not limited to, a description of the proposed
 1103  system and its internal and external sourcing options, a 5-year
 1104  life-cycle-based pricing based on cost per mailbox per month,
 1105  and a decommissioning approach for current e-mail systems; an
 1106  implementation schedule and implementation services; a
 1107  description of e-mail account management, help desk, technical
 1108  support, and user provisioning services; disaster recovery and
 1109  backup and restore capabilities; antispam and antivirus
 1110  capabilities; remote access and mobile messaging capabilities;
 1111  and staffing requirements.
 1112         (c) Other optional requirements specifications may be
 1113  included in the competitive solicitation if not in conflict with
 1114  the primary goals of the statewide e-mail service.
 1115         (d) The competitive solicitation must permit alternative
 1116  financial and operational models to be proposed, including, but
 1117  not limited to:
 1118         1. Leasing or usage-based subscription fees;
 1119         2. Installing and operating the e-mail service within the
 1120  Southwood Shared Resource Center or in a data center operated by
 1121  an external service provider; or
 1122         3. Provisioning the e-mail service as an Internet-based
 1123  offering provided to state agencies. Specifications for proposed
 1124  models must be optimized to meet the primary goals of the e-mail
 1125  service.
 1126         (3) By December 31, 2010, or within 1 month after
 1127  negotiations are complete, whichever is later, the multiagency
 1128  project team and the Agency for Enterprise Information
 1129  Technology shall prepare a business case analysis containing its
 1130  recommendations for procuring the statewide e-mail service for
 1131  submission to the Governor and Cabinet, the President of the
 1132  Senate, and the Speaker of the House of Representatives. The
 1133  business case is not subject to challenge or protest pursuant to
 1134  chapter 120. The business case must include, at a minimum:
 1135         (a) An assessment of the major risks that must be managed
 1136  for each proposal compared to the risks for the current state
 1137  agency e-mail system and the major benefits that are associated
 1138  with each.
 1139         (b) A cost-benefit analysis that estimates all major cost
 1140  elements associated with each sourcing option, focusing on the
 1141  nonrecurring and recurring life-cycle costs of each option. The
 1142  analysis must include a comparison of the estimated total 5-year
 1143  life-cycle cost of the current agency e-mail systems versus each
 1144  enterprise e-mail sourcing option in order to determine the
 1145  feasibility of funding the migration and operation of the
 1146  statewide e-mail service and the overall level of savings that
 1147  can be expected. The 5-year life-cycle costs for each state
 1148  agency must include, but are not limited to:
 1149         1. The total recurring operating costs of the current
 1150  agency e-mail systems, including monthly mailbox costs,
 1151  staffing, licensing and maintenance costs, hardware, and other
 1152  related e-mail product and service costs.
 1153         2. An estimate of nonrecurring hardware and software
 1154  refresh, upgrade, or replacement costs based on the expected 5
 1155  year obsolescence of current e-mail software products and
 1156  equipment through the 2014 fiscal year, and the basis for the
 1157  estimate.
 1158         3. An estimate of recurring costs associated with the
 1159  energy consumption of current agency e-mail equipment, and the
 1160  basis for the estimate.
 1161         4. Any other critical costs associated with the current
 1162  agency e-mail systems which can reasonably be estimated and
 1163  included in the business case analysis.
 1164         (c) A comparison of the migrating schedules of each
 1165  sourcing option to the statewide e-mail service, including the
 1166  approach and schedule for the decommissioning of all current
 1167  state agency e-mail systems beginning with phase 1 and phase 2
 1168  as provided in subsection (4).
 1169         (4) All agencies must be completely migrated to the
 1170  statewide e-mail service as soon as financially and
 1171  operationally feasible, but no later than June 30, 2015.
 1172         (a) The following statewide e-mail service implementation
 1173  schedule is established for state agencies:
 1174         1. Phase 1.—The following agencies must be completely
 1175  migrated to the statewide e-mail system by June 30, 2012: the
 1176  Agency for Enterprise Information Technology; the Department of
 1177  Community Affairs, including the Division of Emergency
 1178  Management; the Department of Corrections; the Department of
 1179  Health; the Department of Highway Safety and Motor Vehicles; the
 1180  Department of Management Services, including the Division of
 1181  Administrative Hearings, the Division of Retirement, the
 1182  Commission on Human Relations, and the Public Employees
 1183  Relations Commission; the Southwood Shared Resource Center; and
 1184  the Department of Revenue.
 1185         2. Phase 2.—The following agencies must be completely
 1186  migrated to the statewide e-mail system by June 30, 2013: the
 1187  Department of Business and Professional Regulation; the
 1188  Department of Education, including the Board of Governors; the
 1189  Department of Environmental Protection; the Department of
 1190  Juvenile Justice; the Department of the Lottery; the Department
 1191  of State; the Department of Law Enforcement; the Department of
 1192  Veterans’ Affairs; the Judicial Administration Commission; the
 1193  Public Service Commission; and the Statewide Guardian Ad Litem
 1194  Office.
 1195         3. Phase 3.—The following agencies must be completely
 1196  migrated to the statewide e-mail system by June 30, 2014: the
 1197  Agency for Health Care Administration; the Agency for Workforce
 1198  Innovation; the Department of Financial Services, including the
 1199  Office of Financial Regulation and the Office of Insurance
 1200  Regulation; the Department of Agriculture and Consumer Services;
 1201  the Executive Office of the Governor; the Department of
 1202  Transportation; the Fish and Wildlife Conservation Commission;
 1203  the Agency for Persons With Disabilities; the Northwood Shared
 1204  Resource Center; and the State Board of Administration.
 1205         4. Phase 4.—The following agencies must be completely
 1206  migrated to the statewide e-mail system by June 30, 2015: the
 1207  Department of Children and Family Services; the Department of
 1208  Citrus; the Department of Elderly Affairs; and the Department of
 1209  Legal Affairs.
 1210         (b) Agency requests to modify their scheduled implementing
 1211  date must be submitted in writing to the Agency for Enterprise
 1212  Information Technology. Any exceptions or modifications to the
 1213  schedule must be approved by the Agency for Enterprise
 1214  Information Technology based only on the following criteria:
 1215         1. Avoiding nonessential investment in agency e-mail
 1216  hardware or software refresh, upgrade, or replacement.
 1217         2. Avoiding nonessential investment in new software or
 1218  hardware licensing agreements, maintenance or support
 1219  agreements, or e-mail staffing for current e-mail systems.
 1220         3. Resolving known agency e-mail problems through migration
 1221  to the statewide e-mail service.
 1222         4. Accommodating unique agency circumstances that require
 1223  an acceleration or delay of the implementation date.
 1224         (5) In order to develop the implementation plan for the
 1225  statewide e-mail service, the Agency for Enterprise Information
 1226  Technology shall establish and coordinate a statewide e-mail
 1227  project team. The agency shall also consult with and, as
 1228  necessary, form workgroups consisting of agency e-mail
 1229  management staff, agency chief information officers, agency
 1230  budget directors, and other administrative staff. The statewide
 1231  e-mail implementation plan must be submitted to the Governor,
 1232  the President of the Senate, and the Speaker of the House of
 1233  Representatives by July 1, 2011.
 1234         (6) Unless authorized by the Legislature or as provided in
 1235  subsection (7), a state agency may not:
 1236         (a) Initiate a new e-mail service or execute a new e-mail
 1237  contract or new e-mail contract amendment for nonessential
 1238  products or services with any entity other than the provider of
 1239  the statewide e-mail service;
 1240         (b) Terminate a statewide e-mail service without giving
 1241  written notice of termination 180 days in advance; or
 1242         (c) Transfer e-mail system services from the provider of
 1243  the statewide e-mail service.
 1244         (7) Exceptions to paragraphs (6)(a), (b), and (c) may be
 1245  granted by the Agency for Enterprise Information Technology only
 1246  if the Southwood Shared Resource Center is unable to meet agency
 1247  business requirements for the e-mail service, and if such
 1248  requirements are essential to maintain agency operations.
 1249  Requests for exceptions must be submitted in writing to the
 1250  Agency for Enterprise Information Technology and include
 1251  documented confirmation by the Southwood Shared Resource Center
 1252  board of trustees that it cannot meet the requesting agency’s e
 1253  mail service requirements.
 1254         (8) Each agency shall include the budget issues necessary
 1255  for migrating to the statewide e-mail service in its legislative
 1256  budget request before the first full year it is scheduled to
 1257  migrate to the statewide service in accordance with budget
 1258  instructions developed pursuant to s. 216.023.
 1259         (9) The Agency for Enterprise Information Technology shall
 1260  adopt rules to standardize the format for state agency e-mail
 1261  addresses.
 1262         (10) State agencies must fully cooperate with the Agency
 1263  for Enterprise Information Technology in the performance of its
 1264  responsibilities established in this section.
 1265         (11) The Agency for Enterprise Information Technology shall
 1266  recommend changes to an agency’s scheduled date for migration to
 1267  the statewide e-mail service pursuant to this section, annually
 1268  by December 31, until migration to the statewide service is
 1269  complete.
 1270         Section 12. Paragraph (h) of subsection (3) and paragraph
 1271  (b) of subsection (4) of section 287.042, Florida Statutes, are
 1272  amended to read:
 1273         287.042 Powers, duties, and functions.—The department shall
 1274  have the following powers, duties, and functions:
 1275         (3) To establish a system of coordinated, uniform
 1276  procurement policies, procedures, and practices to be used by
 1277  agencies in acquiring commodities and contractual services,
 1278  which shall include, but not be limited to:
 1279         (h) Development, in consultation with the Agency Chief
 1280  Information Officers Council, of procedures to be used by state
 1281  agencies when procuring information technology commodities and
 1282  contractual services to ensure compliance with public records
 1283  requirements and records retention and archiving requirements.
 1284         (4)
 1285         (b) To prescribe, in consultation with the Agency Chief
 1286  Information Officers Council, procedures for procuring
 1287  information technology and information technology consultant
 1288  services which provide for public announcement and
 1289  qualification, competitive solicitations, contract award, and
 1290  prohibition against contingent fees. Such procedures are shall
 1291  be limited to information technology consultant contracts for
 1292  which the total project costs, or planning or study activities,
 1293  are estimated to exceed the threshold amount provided for in s.
 1294  287.017, for CATEGORY TWO.
 1295         Section 13. The Northwood Shared Resource Center is
 1296  transferred by a type one transfer, as defined in s. 20.06(1),
 1297  Florida Statutes, from the Department of Children and Family
 1298  Services to the Department of Management Services.
 1299         Section 14. The Agency for Enterprise Information
 1300  Technology, in coordination with the Southwood Shared Resource
 1301  Center, shall provide a written status report to the Executive
 1302  Office of the Governor and to the chairs of the legislative
 1303  appropriations committees detailing the progress made by the
 1304  agencies required to migrate to the statewide e-mail service by
 1305  the required migration date. The status report must be provided
 1306  every 6 months, beginning September 1, 2011, until
 1307  implementation is complete.
 1308         Section 15. This act shall upon becoming a law.
 1309  
 1310  ================= T I T L E  A M E N D M E N T ================
 1311         And the title is amended as follows:
 1312         Delete everything before the enacting clause
 1313  and insert:
 1314                        A bill to be entitled                      
 1315         An act relating to the consolidation of state
 1316         information technology services; amending s. 14.204,
 1317         F.S.; revising the duties of the Agency for Enterprise
 1318         Information Technology; deleting references to the
 1319         Office of Information Security and the Agency Chief
 1320         Information Officers Council; amending s. 20.315,
 1321         F.S.; requiring that the Department of Corrections’
 1322         Office of Information Technology manage the
 1323         department’s data system; amending s. 282.0041, F.S.;
 1324         revising definitions; amending s. 282.0056, F.S.;
 1325         revising provisions relating to the agency’s annual
 1326         work plan; amending s. 282.201, F.S.; revising the
 1327         duties of the agency; requiring the agency to submit
 1328         certain recommendations to the Legislature, the
 1329         Executive Office of the Governor, and the primary data
 1330         centers; deleting obsolete provisions; conforming
 1331         provisions to changes made by the act; providing a
 1332         schedule for the consolidations of state agency data
 1333         centers; requiring agencies to update their service
 1334         level agreements and to develop consolidation plans;
 1335         requiring the Agency for Enterprise Information
 1336         Technology to submit a status report to the Governor
 1337         and Legislature and to develop a comprehensive
 1338         transition plan; requiring primary data centers to
 1339         develop transition plans; revising agency limitations
 1340         relating to technology services; amending s. 282.203,
 1341         F.S.; deleting obsolete provisions; revising duties of
 1342         primary data centers relating to state agency
 1343         resources and equipment relinquished to the centers;
 1344         requiring state agencies to relinquish all
 1345         administrative access rights to certain resources and
 1346         equipment upon consolidation; providing for the
 1347         appointment of alternate board members; revising
 1348         provisions relating to state agency representation on
 1349         data center boards; conforming a cross-reference;
 1350         amending s. 282.204, F.S.; establishing the Northwood
 1351         Shared Resource Center in the Department of Management
 1352         Services rather than the Department of Children and
 1353         Family Services; repealing s. 282.3055, F.S.,
 1354         requiring each agency to appoint an agency chief
 1355         information officer; repealing s. 282.315, F.S.,
 1356         relating to the Agency Chief Information Officers
 1357         Council; amending s. 282.318, F.S.; deleting
 1358         references to the Office of Information Security with
 1359         respect to responsibility for enterprise security;
 1360         deleting obsolete provisions; amending s. 282.33,
 1361         F.S.; deleting an obsolete provision; revising the
 1362         schedule for the Agency for Enterprise Information
 1363         Technology to submit certain recommendations to the
 1364         Legislature; amending s. 282.34, F.S.; revising
 1365         provisions relating to the statewide e-mail service;
 1366         deleting the schedule and requiring the agency to
 1367         develop and submit a plan to the Legislative Budget
 1368         Commission for the migration of state agencies to the
 1369         service; specifying what the plan must include;
 1370         prohibiting state agencies from executing contracts
 1371         for certain e-mail services; requiring the development
 1372         of an implementation plan; requiring state agencies to
 1373         provide all information necessary for the
 1374         implementation plan; amending ss. 287.042, F.S.;
 1375         conforming provisions to changes made by the act;
 1376         transferring the Northwood Shared Resource Center to
 1377         the Department of Management Services; requiring the
 1378         agency to coordinate with the Southwood Shared
 1379         Resource Center to provide a status report to the
 1380         Executive Office of the Governor and to the
 1381         Legislature; providing an effective date.