SB 2098                                          First Engrossed
       
       
       
       
       
       
       
       
       20112098e1
       
    1                        A bill to be entitled                      
    2         An act relating to the consolidation of state
    3         information technology services; transferring,
    4         renumbering, and amending s. 14.204, F.S.;
    5         establishing the Agency for Enterprise Information
    6         Technology in the Department of Management Services
    7         rather than the Executive Office of the Governor;
    8         revising the duties of the agency to include the
    9         planning, project management, and implementation of
   10         the enterprise information technology services;
   11         requiring the agency to submit a plan to the
   12         Legislative Budget Commission for aggregating
   13         information technology purchases; deleting references
   14         to the Office of Information Security and the Agency
   15         Chief Information Officers Council; amending s.
   16         282.0041, F.S.; revising definitions; amending s.
   17         282.0056, F.S.; revising provisions relating to the
   18         agency’s annual work plan; amending s. 282.201, F.S.;
   19         revising the duties of the agency; deleting obsolete
   20         provisions; providing a schedule for the
   21         consolidations of state agency data centers; requiring
   22         agencies to update their service-level agreements and
   23         to develop consolidation plans; requiring the Agency
   24         for Enterprise Information Technology to submit a
   25         status report to the Governor and Legislature and to
   26         develop a comprehensive transition plan; requiring
   27         primary data centers to develop transition plans;
   28         revising agency limitations relating to technology
   29         services; amending s. 282.203, F.S.; deleting obsolete
   30         provisions; revising duties of primary data centers
   31         relating to state agency resources and equipment
   32         relinquished to the centers; requiring state agencies
   33         to relinquish all administrative access rights to
   34         certain resources and equipment upon consolidation;
   35         providing for the appointment of alternate board
   36         members; revising provisions relating to state agency
   37         representation on data center boards; conforming a
   38         cross-reference; amending s. 282.204, F.S.;
   39         establishing the Northwood Shared Resource Center in
   40         the Department of Management Services rather than the
   41         Department of Children and Family Services; creating
   42         s. 282.206, F.S.; establishing the Northwest Regional
   43         Data Center as a primary data center; repealing s.
   44         282.315, F.S., relating to the Agency Chief
   45         Information Officers Council; amending s. 282.318,
   46         F.S.; deleting references to the Office of Information
   47         Security with respect to responsibility for enterprise
   48         security; deleting obsolete provisions; amending s.
   49         282.33, F.S.; deleting an obsolete provision; revising
   50         the schedule for the Agency for Enterprise Information
   51         Technology to submit certain recommendations to the
   52         Legislature; amending s. 282.34, F.S.; revising the
   53         schedule for migrating state agencies to the statewide
   54         e-mail system; revising limitations on state agencies;
   55         revising the requirements for rules adopted by the
   56         Agency for Enterprise Information Technology; creating
   57         s. 282.35, F.S.; providing for a statewide desktop
   58         service as an enterprise information technology
   59         service to be provided by the Department of Management
   60         Services; requiring the Agency for Enterprise
   61         Information Technology to develop a plan for the
   62         establishment of the service and submit such plan to
   63         the Governor and Legislature by a certain date;
   64         specifying the contents of the plan; providing agency
   65         limitations with respect to such services and
   66         exceptions from such limitations if granted by the
   67         agency; amending ss. 287.042 and 287.056, F.S.;
   68         directing the department to adopt rules establishing
   69         conditions under which an agency may be exempted from
   70         using a state term contract or purchasing agreement;
   71         conforming provisions to changes made by the act;
   72         amending s. 287.057, F.S.; authorizing the department
   73         to adopt rules to be used by agencies to manage
   74         contracts; deleting a prohibition against an entity
   75         contracting to provide a feasibility study on certain
   76         subject matter from contracting with an agency for
   77         that subject matter; amending s. 45 of chapter 2010
   78         151, Laws of Florida; providing that certain contracts
   79         are subject to transaction fees; transferring the
   80         Agency for Enterprise Information Technology and the
   81         Northwood Shared Resource Center to the Department of
   82         Management Services; requiring the agency to
   83         coordinate with the Southwood Shared Resource Center
   84         to provide a status report to the Executive Office of
   85         the Governor and to the Legislature; providing an
   86         effective date.
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. Section 14.204, Florida Statutes, is
   91  transferred, renumbered as s. 282.0054, Florida Statutes, and
   92  amended to read:
   93         282.0054 14.204 Agency for Enterprise Information
   94  Technology.—The Agency for Enterprise Information Technology is
   95  created within the Department of Management Services Executive
   96  Office of the Governor.
   97         (1) The head of the agency shall be the Governor and
   98  Cabinet.
   99         (2) The agency is a separate budget entity and is not
  100  subject to control, supervision, or direction by the department
  101  Executive Office of the Governor, including, but not limited to,
  102  purchasing, transactions involving real or personal property,
  103  personnel, or budgetary matters.
  104         (3) The agency shall have an executive director who is the
  105  state’s Chief Information Officer and who must:
  106         (a) Have a degree from an accredited postsecondary
  107  institution;
  108         (b) Have at least 7 years of executive-level experience in
  109  managing information technology organizations; and
  110         (c) Be appointed by the Governor and confirmed by the
  111  Cabinet, subject to confirmation by the Senate, and serve at the
  112  pleasure of the Governor and Cabinet.
  113         (4) The agency shall have the following duties and
  114  responsibilities:
  115         (a) Develop strategies for the design, planning, project
  116  management, implementation, delivery, and management of the
  117  enterprise information technology services established in law,
  118  including the state data center system service established in s.
  119  282.201, the information technology security service established
  120  in s. 282.318, and the statewide e-mail service established in
  121  s. 282.34.
  122         (b) Monitor the implementation, delivery, and management of
  123  the enterprise information technology services as established in
  124  law.
  125         (c) Make recommendations to the agency head and the
  126  Legislature concerning other information technology services
  127  that should be designed, delivered, and managed as enterprise
  128  information technology services as defined in s. 282.0041.
  129         (d) Plan and establish policies for managing proposed
  130  statutorily authorized enterprise information technology
  131  services, which includes:
  132         1. Developing business cases that, when applicable, include
  133  the components identified in s. 287.0571;
  134         2. Establishing and coordinating project-management teams;
  135         3. Establishing formal risk-assessment and mitigation
  136  processes; and
  137         4. Providing for independent monitoring of projects for
  138  recommended corrective actions.
  139         (e) Beginning October 1, 2010, Develop, publish, and
  140  biennially update a long-term strategic enterprise information
  141  technology plan that identifies and recommends strategies and
  142  opportunities to improve the delivery of cost-effective and
  143  efficient enterprise information technology services to be
  144  proposed for establishment pursuant to s. 282.0056.
  145         (f) Perform duties related to enterprise information
  146  technology services, including the state data center system
  147  established in as provided in s. 282.201, the information
  148  technology security service established in s. 282.318, and the
  149  statewide e-mail service established in s. 282.34.
  150         (g) Coordinate acquisition planning, using aggregate buying
  151  methodologies whenever possible, and procurement negotiations
  152  for hardware and software products and services in order to
  153  improve the efficiency and reduce the cost of enterprise
  154  information technology services.
  155         1. State agencies must submit a copy of all information
  156  relating to technology purchases for commodities and services in
  157  excess of $10,000 to the agency for review in order to identify
  158  areas suitable for future aggregation and standardization.
  159         2. By December 31, 2011, the agency shall submit to the
  160  Legislative Budget Commission for approval a plan recommending
  161  information technology purchases of specific commodities and
  162  services suitable for aggregate purchasing and providing
  163  estimates of the savings from aggregating such purchases.
  164         3. Contingent on approval of the plan under subparagraph
  165  2., state agencies shall cooperate with the agency.
  166         4. Exemptions from subparagraph 3. may be granted by the
  167  department’s Division of Purchasing if in the best interest of
  168  the state.
  169         (h) In consultation with the Division of Purchasing in the
  170  department of Management Services, coordinate procurement
  171  negotiations for information technology products as defined in
  172  s. 282.0041 which will be used by multiple agencies.
  173         (i) In coordination with, and through the services of, the
  174  Division of Purchasing in the department of Management Services,
  175  establish best practices for the procurement of information
  176  technology products as defined in s. 282.0041 in order to
  177  achieve savings for the state.
  178         (j) Develop information technology standards for the
  179  efficient design, planning, project management, implementation,
  180  and delivery of enterprise information technology services. All
  181  state agencies must make the transition to the new standards.
  182         (k) Provide annually, by December 31, recommendations to
  183  the Legislature relating to techniques for consolidating the
  184  purchase of information technology commodities and services,
  185  which result in savings for the state, and for establishing a
  186  process to achieve savings through consolidated purchases.
  187         (5) The Office of Information Security shall be created
  188  within the agency. The agency shall designate a state Chief
  189  Information Security Officer who shall oversee the office and
  190  report directly to the executive director.
  191         (6) The agency shall operate in a manner that ensures the
  192  participation and representation of state agencies and the
  193  Agency Chief Information Officers Council established in s.
  194  282.315.
  195         (7) The agency may adopt rules to carry out its statutory
  196  duties.
  197         Section 2. Present subsections (4) through (30) of section
  198  282.0041, Florida Statutes, are redesignated as subsections (3)
  199  through (29), respectively, and present subsections (3), (4),
  200  and (19) of that section are amended, to read:
  201         282.0041 Definitions.—As used in this chapter, the term:
  202         (3) “Agency Chief Information Officers Council” means the
  203  council created in s. 282.315.
  204         (3)(4) “Agency for Enterprise Information Technology” means
  205  the agency created in s. 282.0054 14.204.
  206         (18)(19) “Primary data center” means a state or nonstate
  207  agency data center that is a recipient entity for consolidation
  208  of nonprimary data centers and computing facilities and that is.
  209  A primary data center may be authorized by in law or designated
  210  by the Agency for Enterprise Information Technology pursuant to
  211  s. 282.201.
  212         Section 3. Subsection (1) of section 282.0056, Florida
  213  Statutes, is amended to read:
  214         282.0056 Development of work plan; development of
  215  implementation plans; and policy recommendations.—
  216         (1) For the purposes of carrying out its responsibilities
  217  under s. 282.0055, the Agency for Enterprise Information
  218  Technology shall develop an annual work plan within 60 days
  219  after the beginning of the fiscal year describing the activities
  220  that the agency intends to undertake for that year, including
  221  proposed outcomes and completion timeframes for the planning and
  222  implementation of all enterprise information technology
  223  services. The work plan must be presented at a public hearing,
  224  that includes the Agency Chief Information Officers Council,
  225  which may review and comment on the plan. The work plan must
  226  thereafter be approved by the Governor and Cabinet, and
  227  submitted to the President of the Senate and the Speaker of the
  228  House of Representatives. The work plan may be amended as
  229  needed, subject to approval by the Governor and Cabinet.
  230         Section 4. Subsection (2) of section 282.201, Florida
  231  Statutes, is amended, present subsections (4) and (5) of that
  232  section are renumbered as subsections (5) and (6), respectively,
  233  and amended, a new subsection (4) is added to that section, to
  234  read:
  235         282.201 State data center system; agency duties and
  236  limitations.—A state data center system that includes all
  237  primary data centers, other nonprimary data centers, and
  238  computing facilities, and that provides an enterprise
  239  information technology service as defined in s. 282.0041, is
  240  established.
  241         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  242  The Agency for Enterprise Information Technology shall:
  243         (a) Collect and maintain information necessary for
  244  developing policies relating to the data center system,
  245  including, but not limited to, an inventory of facilities.
  246         (b) Annually approve cost-recovery mechanisms and rate
  247  structures for primary data centers which recover costs through
  248  charges to customer entities.
  249         (c) By September 30 December 31 of each year, submit
  250  recommendations to the Executive Office of the Governor and the
  251  chairs of the legislative appropriations committees Legislature
  252  recommendations to improve the efficiency and cost-effectiveness
  253  effectiveness of computing services provided by state data
  254  center system facilities. Such recommendations must may include,
  255  but need not be limited to:
  256         1. Policies for improving the cost-effectiveness and
  257  efficiency of the state data center system and the associated
  258  cost savings resulting from their implementation.
  259         2. Infrastructure improvements supporting the consolidation
  260  of facilities or preempting the need to create additional data
  261  centers or computing facilities.
  262         3. Standards for an objective, credible energy performance
  263  rating system that data center boards of trustees can use to
  264  measure state data center energy consumption and efficiency on a
  265  biannual basis.
  266         3.4. Uniform disaster recovery standards.
  267         4.5. Standards for primary data centers which provide cost
  268  effective services and providing transparent financial data to
  269  user agencies.
  270         5.6. Consolidation of contract practices or coordination of
  271  software, hardware, or other technology-related procurements and
  272  the associated cost savings.
  273         6.7. Improvements to data center governance structures.
  274         (d) By October 1 of each year beginning in 2011, provide
  275  recommendations 2009, recommend to the Governor and Legislature
  276  relating to changes to the schedule for the consolidations of
  277  state agency data centers as provided in subsection (4) at least
  278  two nonprimary data centers for consolidation into a primary
  279  data center or nonprimary data center facility.
  280         1. The consolidation proposal must provide a transition
  281  plan that includes:
  282         a. Estimated transition costs for each data center or
  283  computing facility recommended for consolidation;
  284         b. Detailed timeframes for the complete transition of each
  285  data center or computing facility recommended for consolidation;
  286         c. Proposed recurring and nonrecurring fiscal impacts,
  287  including increased or decreased costs and associated budget
  288  impacts for affected budget entities;
  289         d. Substantive legislative changes necessary to implement
  290  the transition; and
  291         e. Identification of computing resources to be transferred
  292  and those that will remain in the agency. The transfer of
  293  resources must include all hardware, software, staff, contracted
  294  services, and facility resources performing data center
  295  management and operations, security, backup and recovery,
  296  disaster recovery, system administration, database
  297  administration, system programming, job control, production
  298  control, print, storage, technical support, help desk, and
  299  managed services but excluding application development.
  300         1.2.The recommendations must shall be based on the goal of
  301  maximizing current and future cost savings. The agency shall
  302  consider the following criteria for managing and coordinating in
  303  selecting consolidations that maximize efficiencies by providing
  304  the ability to:
  305         a. Consolidate purchase decisions;
  306         b. Leverage expertise and other resources to gain economies
  307  of scale;
  308         c. Implement state information technology policies more
  309  effectively;
  310         d. Maintain or improve the level of service provision to
  311  customer entities; and
  312         e. Make progress towards the state’s goal of consolidating
  313  data centers and computing facilities into primary data centers.
  314         2.3. The agency shall establish workgroups as necessary to
  315  ensure participation by affected agencies in the development of
  316  recommendations related to consolidations.
  317         (e) By December 31, 2010, the agency shall develop and
  318  submit to the Legislature an overall consolidation plan for
  319  state data centers. The plan shall indicate a timeframe for the
  320  consolidation of all remaining nonprimary data centers into
  321  primary data centers, including existing and proposed primary
  322  data centers, by 2019.
  323         (e)(f) Develop and establish rules relating to the
  324  operation of the state data center system which comply with
  325  applicable federal regulations, including 2 C.F.R. part 225 and
  326  45 C.F.R. The agency shall publish notice of rule development in
  327  the Florida Administrative Weekly by October 1, 2011. The rules
  328  may address:
  329         1. Ensuring that financial information is captured and
  330  reported consistently and accurately.
  331         2. Requiring compliance with standards for hardware and
  332  operations software, including security and network
  333  infrastructure for the primary data centers, to enable the
  334  efficient consolidation of the agency data centers or computing
  335  facilities, and providing an exemption process from compliance
  336  with such standards, which must be consistent with s.
  337  282.203(5)(b).
  338         2. Requiring the establishment of service-level agreements
  339  executed between a data center and its customer entities for
  340  services provided.
  341         3. Requiring annual full cost recovery on an equitable
  342  rational basis. The cost-recovery methodology must ensure that
  343  no service is subsidizing another service and may include
  344  adjusting the subsequent year’s rates as a means to recover
  345  deficits or refund surpluses from a prior year.
  346         4. Requiring that any special assessment imposed to fund
  347  expansion is based on a methodology that apportions the
  348  assessment according to the proportional benefit to each
  349  customer entity.
  350         5. Requiring that rebates be given when revenues have
  351  exceeded costs, that rebates be applied to offset charges to
  352  those customer entities that have subsidized the costs of other
  353  customer entities, and that such rebates may be in the form of
  354  credits against future billings.
  355         6. Requiring that all service-level agreements have a
  356  contract term of up to 3 years, but may include an option to
  357  renew for up to 3 additional years contingent on approval by the
  358  board, and require at least a 180-day notice of termination.
  359         7. Designating any nonstate data center as a primary data
  360  center if the center:
  361         a. Has an established governance structure that represents
  362  customer entities proportionally.
  363         b. Maintains an appropriate cost-allocation methodology
  364  that accurately bills a customer entity based on the actual
  365  direct and indirect costs to the customer entity, and prohibits
  366  the subsidization of one customer entity’s costs by another
  367  entity.
  368         c. Has sufficient raised floor space, cooling, and
  369  redundant power capacity, including uninterruptible power supply
  370  and backup power generation, to accommodate the computer
  371  processing platforms and support necessary to host the computing
  372  requirements of additional customer entities.
  373         8. Removing a nonstate data center from primary data center
  374  designation if the nonstate data center fails to meet standards
  375  necessary to ensure that the state’s data is maintained pursuant
  376  to subparagraph 7.
  377         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  378         (a) Consolidations of agency data centers shall be made by
  379  the date and to the specified primary data center as provided in
  380  this section and in accordance with budget adjustments contained
  381  in the General Appropriations Act.
  382         (b) During the 2011-2012 fiscal year, the following shall
  383  be consolidated into the Northwest Regional Data Center:
  384         1. By December 31, 2011, the College Center for Library
  385  Automation.
  386         2. By December 31, 2011, the Florida Center for Library
  387  Automation.
  388         3. By December 31, 2011, the Department of Education,
  389  including the computing services and resources of:
  390         a.The Knott Data Center in the Turlington Building;
  391         b. The Division of Vocational Rehabilitation;
  392         c. The Division of Blind Services, except for the
  393  division’s disaster recovery site in Daytona Beach;
  394         d. The FCAT Explorer; and
  395         e. FACTS.org.
  396         (c) During the 2011-2012 fiscal year, the following shall
  397  be consolidated into the Southwood Shared Resource Center:
  398         1. By September 30, 2011, the Department of Corrections.
  399         2. By March 31, 2012, the Department of Transportation’s
  400  Burns Office Building.
  401         3. By March 31, 2012, the Department of Transportation’s
  402  Survey & Mapping Office.
  403         (d) During the 2011-2012 fiscal year, the following shall
  404  be consolidated into the Northwood Shared Resource Center:
  405         1. By July 1, 2011, the Department of Transportation’s
  406  Office of Motor Carrier Compliance.
  407         2.By December 31, 2011, the Department of Highway Safety
  408  and Motor Vehicles.
  409         (e) During the 2012-2013 fiscal year, the following are
  410  proposed for consolidation into the Southwood Shared Resource
  411  Center:
  412         1. By September 30, 2012, the Division of Emergency
  413  Management and the Department of Community Affairs, except for
  414  the department’s Camp Blanding Emergency Operations Center in
  415  Starke.
  416         2. By September 30, 2012, the Department of Revenue’s
  417  Carlton and Taxworld Building L locations.
  418         3.By December 31, 2012, the Department of Health’s
  419  laboratories and all remaining data center resources, except for
  420  the department’s Jacksonville Lab Data Center.
  421         (f) During the 2012-2013 fiscal year, the following are
  422  proposed for consolidation into the Northwood Shared Resource
  423  Center:
  424         1. By July 1, 2012, the Agency for Health Care
  425  Administration.
  426         2. By December 31, 2012, the Department of Environmental
  427  Protection.
  428         3. By March 30, 2013, the Department of Law Enforcement.
  429         (g)During the 2013-2014 fiscal year, the following
  430  agencies shall work with the Agency for Enterprise Information
  431  Technology to begin preliminary planning for consolidation into
  432  a primary data center:
  433         1. The Department of the Lottery’s headquarters.
  434         2. The Department of Legal Affairs.
  435         3. The Fish and Wildlife Conservation Commission, except
  436  for the commission’s Fish and Wildlife Research Institute in St.
  437  Petersburg.
  438         4. The Executive Office of the Governor.
  439         5. The Department of Veterans Affairs.
  440         6. The Department of Elderly Affairs.
  441         7. The Department of Financial Services’ Hartman, Larson,
  442  and Fletcher Building Data Centers.
  443         8. The Department of Agriculture and Consumer Services’
  444  Agriculture Management Information Center in the Mayo Building
  445  and Division of Licensing.
  446         (h) During the 2014-2015 fiscal year, the following
  447  agencies shall work with the Agency for Enterprise Information
  448  Technology to begin preliminary planning for consolidation into
  449  a primary data center:
  450         1. The Department of Health’s Jacksonville Lab Data Center.
  451         2. The Department of Transportation’s district offices,
  452  toll offices, and the District Materials Office.
  453         3. The Department of Military Affairs’ Camp Blanding Joint
  454  Training Center in Starke.
  455         4. The Department of Community Affairs’ Camp Blanding
  456  Emergency Operations Center in Starke.
  457         5. The Department of Education’s Division of Blind Services
  458  disaster recovery site in Daytona Beach.
  459         6. The Department of Education’s disaster recovery site in
  460  Sante Fe College.
  461         7. The Department of the Lottery’s Disaster Recovery Backup
  462  Data Center in Orlando.
  463         8. The Fish and Wildlife Conservation Commission’s Fish and
  464  Wildlife Research Institute in St. Petersburg.
  465         9. The Department of Children and Family Services’ Suncoast
  466  Data Center in Tampa.
  467         10. The Department of Children and Family Services’ Florida
  468  State Hospital in Chattahoochee.
  469         (i)During the 2015-2016 fiscal year, all computing
  470  resources remaining within an agency nonprimary data center or
  471  computing facility shall be transferred to a primary data center
  472  for consolidation unless otherwise required to remain in the
  473  agency for specific business reasons. Such data centers,
  474  computing facilities, and resource shall be identified by the
  475  Agency for Enterprise Information Technology by October 1, 2014.
  476         (j)Any agency that is consolidating agency data centers
  477  into a primary data center must execute or update its existing
  478  service-level agreement within 2 months after the specified
  479  consolidation date, as required by s. 282.203(1)(i), in order to
  480  specify the services and levels of service it is to receive from
  481  the primary data center as a result of the consolidation. If an
  482  agency is unable to complete and execute a service-level
  483  agreement by that date, the agency shall submit a report to the
  484  Executive Office of the Governor and to the chairs of the
  485  legislative appropriations committees within 5 working days,
  486  explaining the specific issues preventing execution and
  487  describing its plan and schedule for resolving those issues.
  488         (k) Beginning September 1, 2011, and every 6 months
  489  thereafter until data center consolidations are complete, the
  490  Agency for Enterprise Information Technology shall provide a
  491  status report on the consolidations that are required to be
  492  completed during the fiscal year. The report shall be submitted
  493  to the Executive Office of the Governor and the chairs of the
  494  legislative appropriations committees. The report must, at a
  495  minimum, describe:
  496         1. Whether the consolidation is on schedule, including
  497  progress on achieving the milestones necessary for successful
  498  and timely consolidation of scheduled agency data centers and
  499  computing facilities; and
  500         2. The risks that may affect the progress or outcome of the
  501  consolidation and how these risks are being addressed,
  502  mitigated, or managed.
  503         (l) Each agency required to plan for consolidation into a
  504  primary data center shall submit a draft consolidation plan to
  505  the Agency for Enterprise Information Technology by September 1
  506  of the fiscal year before the fiscal year in which the scheduled
  507  consolidation will occur. Transition plans shall be developed in
  508  consultation with the appropriate primary data centers and the
  509  Agency for Enterprise Information Technology, and must include:
  510         1. A recommendation as to which primary data center is most
  511  appropriate for the agency’s consolidation if not the one
  512  proposed;
  513         2. An inventory of the agency data center’s resources being
  514  consolidated, including all hardware, software, staff, and
  515  contracted services, and the facility resources performing data
  516  center management and operations, security, backup and recovery,
  517  disaster recovery, system administration, database
  518  administration, system programming, job control, production
  519  control, print, storage, technical support, help desk, and
  520  managed services, but excluding application development;
  521         3. A description of the level of services needed to meet
  522  the technical and operational requirements of the platforms
  523  being consolidated;
  524         4. A description of resources for computing services
  525  proposed to remain in the department;
  526         5. A timetable with significant milestones for the
  527  completion of the consolidation;
  528         6. An estimate of the agency’s current-year cost to
  529  support, house, and manage the data center functions in
  530  subparagraph 2.; and
  531         7. The specific recurring and nonrecurring budget
  532  adjustments by appropriation category that are required during
  533  the year in which the data center is consolidated in order to
  534  transfer sufficient budget resources into the appropriate data
  535  processing category pursuant to legislative budget instructions
  536  as provided by s. 216.023.
  537         (m) Each primary data center shall develop a transition
  538  plan for absorbing the transfer of agency data center resources
  539  based upon the timetables for transition as recommended by the
  540  Agency for Enterprise Information Technology. The plan shall be
  541  submitted to the Agency for Enterprise Information Technology,
  542  the Executive Office of the Governor, and the chairs of the
  543  legislative appropriations committees by September 30 of the
  544  fiscal year before the fiscal year in which the scheduled
  545  consolidations will occur. Each plan must include:
  546         1. An estimate of the cost to provide data center services
  547  for each agency scheduled for consolidation;
  548         2. A staffing plan that identifies the projected staffing
  549  needs and requirements based on the estimated workload
  550  identified in the agency transition plan;
  551         3. The fiscal year adjustments to budget categories in
  552  order to absorb the transfer of agency data center resources
  553  pursuant to the legislative budget request instructions provided
  554  in s. 216.023;
  555         4. An analysis of the cost effects resulting from the
  556  planned consolidations on existing agency customers; and
  557         5. A description of any issues that must be resolved in
  558  order to accomplish as efficiently and effectively as possible
  559  all consolidations required during the fiscal year.
  560         (n)The Agency for Enterprise Information Technology shall
  561  develop a comprehensive transition plan, which shall be
  562  submitted by October 15th of the fiscal year before the fiscal
  563  year in which the scheduled consolidations will occur to each
  564  primary data center, the Executive Office of the Governor, and
  565  the chairs of the legislative appropriations committees. The
  566  transition plan shall be developed in consultation with agencies
  567  submitting agency transition plans and with the affected primary
  568  data centers. The comprehensive transition plan must include:
  569         1. Recommendations for accomplishing the proposed
  570  transitions as efficiently and effectively as possible with
  571  minimal disruption to customer agency business processes;
  572         2. Strategies to minimize risks associated with any of the
  573  proposed consolidations;
  574         3. A compilation of the agency transition plans submitted
  575  by agencies scheduled for consolidation for the following fiscal
  576  year;
  577         4. Revisions to any budget adjustments provided in the
  578  agency or primary data center transition plans; and
  579         5. Other revisions as appropriate, including recommended
  580  changes in final primary data center destination or schedule for
  581  any agency data center consolidation.
  582         (o) Any data center planned for consolidation after the
  583  2011-2012 fiscal year may move to a primary data center before
  584  the scheduled consolidation date.
  585         (5)(4) AGENCY LIMITATIONS.—
  586         (a) Unless authorized by the Legislature or as provided in
  587  paragraphs (b) and (c), a state agency may not:
  588         1. Create a new computing facility or data center, or
  589  expand the capability to support additional computer equipment
  590  in an existing computing facility or nonprimary data center;
  591         2. Spend funds before the agency’s scheduled consolidation
  592  into a primary data center to purchase or modify hardware or
  593  operations software that does not comply with hardware and
  594  software standards established by the Agency for Enterprise
  595  Information Technology pursuant to s. 282.202(2)(e) for the
  596  efficient consolidation of the agency data centers or computing
  597  facilities;
  598         3.2. Transfer existing computer services to any data center
  599  other than a primary nonprimary data center or computing
  600  facility;
  601         4.3. Terminate services with a primary data center or
  602  transfer services between primary data centers without giving
  603  written notice of intent to terminate or transfer services 180
  604  days before such termination or transfer; or
  605         5.4. Initiate a new computer service if it does not
  606  currently have an internal data center except with a primary
  607  data center.
  608         (b) Exceptions to the limitations in subparagraphs (a)1.,
  609  2., 3., and 5. 4. may be granted by the Agency for Enterprise
  610  Information Technology if there is insufficient capacity in a
  611  primary data center to absorb the workload associated with
  612  agency computing services, if expenditures are compatible with
  613  the scheduled consolidation, or if the equipment or resources
  614  are needed to maintain agency data center services and cannot be
  615  satisfied from surplus equipment or resources of the primary
  616  data center until the agency data center is consolidated.
  617         1. A request for an exception must be submitted in writing
  618  to the Agency for Enterprise Information Technology. The agency
  619  must accept, accept with conditions, or deny the request within
  620  60 days after receipt of the written request. The agency’s
  621  decision is not subject to chapter 120.
  622         2. At a minimum, the agency may not approve a request
  623  unless it includes:
  624         a. Documentation approved by the primary data center’s
  625  board of trustees which confirms that the center cannot meet the
  626  capacity requirements of the agency requesting the exception
  627  within the current fiscal year.
  628         b. A description of the capacity requirements of the agency
  629  requesting the exception.
  630         c. Documentation from the agency demonstrating why it is
  631  critical to the agency’s mission that the expansion or transfer
  632  must be completed within the fiscal year rather than when
  633  capacity is established at a primary data center.
  634         (c) Exceptions to subparagraph (a)4. (a)3. may be granted
  635  by the board of trustees of the primary data center if the
  636  termination or transfer of services can be absorbed within the
  637  current cost-allocation plan.
  638         (d) Upon the termination of or transfer of agency computing
  639  services from the primary data center, the primary data center
  640  shall require information sufficient to determine compliance
  641  with this section. If a primary data center determines that an
  642  agency is in violation of this section, it shall report the
  643  violation to the Agency for Enterprise Information Technology.
  644         (6)(5) RULES.—The Agency for Enterprise Information
  645  Technology may is authorized to adopt rules pursuant to ss.
  646  120.536(1) and 120.54 to administer the provisions of this part
  647  relating to the state data center system including the primary
  648  data centers.
  649         Section 5. Paragraphs (f) through (l) of subsection (1),
  650  paragraph (a) of subsection (2), and paragraph (j) of subsection
  651  (3) of section 282.203, Florida Statutes, are amended to read:
  652         282.203 Primary data centers.—
  653         (1) DATA CENTER DUTIES.—Each primary data center shall:
  654         (f) By December 31, 2010, submit organizational plans that
  655  minimize the annual recurring cost of center operations and
  656  eliminate the need for state agency customers to maintain data
  657  center skills and staff within their agency. The plans shall:
  658         1. Establish an efficient organizational structure
  659  describing the roles and responsibilities of all positions and
  660  business units in the centers;
  661         2. Define a human resources planning and management process
  662  that shall be used to make required center staffing decisions;
  663  and
  664         3. Develop a process for projecting staffing requirements
  665  based on estimated workload identified in customer agency
  666  service level agreements.
  667         (f)(g) Maintain the performance of the facility, which
  668  includes ensuring proper data backup, data backup recovery, an
  669  effective disaster recovery plan, and appropriate security,
  670  power, cooling and fire suppression, and capacity.
  671         (g)(h) Develop a business continuity plan and conduct a
  672  live exercise of the plan at least annually. The plan must be
  673  approved by the board and the Agency for Enterprise Information
  674  Technology.
  675         (h)(i) Enter into a service-level agreement with each
  676  customer entity to provide services as defined and approved by
  677  the board in compliance with rules of the Agency for Enterprise
  678  Information Technology. A service-level agreement may not have a
  679  term exceeding 3 years but may include an option to renew for up
  680  to 3 years contingent on approval by the board.
  681         1. A service-level agreement, at a minimum, must:
  682         a. Identify the parties and their roles, duties, and
  683  responsibilities under the agreement;
  684         b. Identify the legal authority under which the service
  685  level agreement was negotiated and entered into by the parties;
  686         c. State the duration of the contractual term and specify
  687  the conditions for contract renewal;
  688         d. Prohibit the transfer of computing services between
  689  primary data center facilities without at least 180 days’ notice
  690  of service cancellation;
  691         e. Identify the scope of work;
  692         f. Identify the products or services to be delivered with
  693  sufficient specificity to permit an external financial or
  694  performance audit;
  695         g. Establish the services to be provided, the business
  696  standards that must be met for each service, the cost of each
  697  service, and the process by which the business standards for
  698  each service are to be objectively measured and reported;
  699         h. Identify applicable funds and funding streams for the
  700  services or products under contract;
  701         i. Provide a timely billing methodology for recovering the
  702  cost of services provided to the customer entity;
  703         j. Provide a procedure for modifying the service-level
  704  agreement to address changes in projected costs of service;
  705         k. Provide that a service-level agreement may be terminated
  706  by either party for cause only after giving the other party and
  707  the Agency for Enterprise Information Technology notice in
  708  writing of the cause for termination and an opportunity for the
  709  other party to resolve the identified cause within a reasonable
  710  period; and
  711         l. Provide for mediation of disputes by the Division of
  712  Administrative Hearings pursuant to s. 120.573.
  713         2. A service-level agreement may include:
  714         a. A dispute resolution mechanism, including alternatives
  715  to administrative or judicial proceedings;
  716         b. The setting of a surety or performance bond for service
  717  level agreements entered into with nonstate agency primary data
  718  centers established by law, which may be designated by the
  719  Agency for Enterprise Information Technology; or
  720         c. Additional terms and conditions as determined advisable
  721  by the parties if such additional terms and conditions do not
  722  conflict with the requirements of this section or rules adopted
  723  by the Agency for Enterprise Information Technology.
  724         3. The failure to execute a service-level agreement within
  725  60 days after service commencement shall, in the case of an
  726  existing customer entity, result in a continuation of the terms
  727  of the service-level agreement from the prior fiscal year,
  728  including any amendments that were formally proposed to the
  729  customer entity by the primary data center within the 3 months
  730  before service commencement, and a revised cost-of-service
  731  estimate. If a new customer entity fails to execute an agreement
  732  within 60 days after service commencement, the data center may
  733  cease services.
  734         (i)(j) Plan, design, establish pilot projects for, and
  735  conduct experiments with information technology resources, and
  736  implement enhancements in services if such implementation is
  737  cost-effective and approved by the board.
  738         (j)(k) Enter into a memorandum of understanding with the
  739  agency where the data center is administratively located which
  740  establishes the services to be provided by that agency to the
  741  data center and the cost of such services.
  742         (k)(l) Be the custodian of resources and equipment that are
  743  located, operated, supported, and managed by the center for the
  744  purposes of chapter 273, except for resources and equipment
  745  located, operated, supported, and managed by the Northwest
  746  Regional Data Center.
  747         (l) Assume administrative access rights to the resources
  748  and equipment, such as servers, network components, and other
  749  devices that are consolidated into the primary data center.
  750         1. Upon the date of each consolidation specified in s.
  751  282.201, the General Appropriations Act, or the Laws of Florida,
  752  each agency shall relinquish all administrative access rights to
  753  such resources and equipment.
  754         2. Each primary data center shall provide its customer
  755  agencies with the appropriate level of access to applications,
  756  servers, network components, and other devices necessary for
  757  agencies to perform their core business activities and
  758  functions.
  759         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  760  headed by a board of trustees as defined in s. 20.03.
  761         (a) The members of the board shall be appointed by the
  762  agency head or chief executive officer of the representative
  763  customer entities of the primary data center and shall serve at
  764  the pleasure of the appointing customer entity. Each agency head
  765  or chief executive officer may appoint an alternate member for
  766  each board member appointed pursuant to this subsection.
  767         1. During the first fiscal year that a state agency is to
  768  consolidate its data center operations to a primary data center
  769  and for the following full fiscal year, the agency shall have a
  770  single trustee having one vote on the board of the state primary
  771  data center where it is to consolidate, unless it is entitled in
  772  the second year to a greater number of votes as provided in
  773  subparagraph 3. For each of the first 2 fiscal years that a
  774  center is in operation, membership shall be as provided in
  775  subparagraph 3. based on projected customer entity usage rates
  776  for the fiscal operating year of the primary data center.
  777  However, at a minimum:
  778         a. During the Southwood Shared Resource Center’s first 2
  779  operating years, the Department of Transportation, the
  780  Department of Highway Safety and Motor Vehicles, the Department
  781  of Health, and the Department of Revenue must each have at least
  782  one trustee.
  783         b. During the Northwood Shared Resource Center’s first
  784  operating year, the Department of State and the Department of
  785  Education must each have at least one trustee.
  786         2. Board After the second full year of operation,
  787  membership shall be as provided in subparagraph 3. based on the
  788  most recent estimate of customer entity usage rates for the
  789  prior year and a projection of usage rates for the first 9
  790  months of the next fiscal year. Such calculation must be
  791  completed before the annual budget meeting held before the
  792  beginning of the next fiscal year so that any decision to add or
  793  remove board members can be voted on at the budget meeting and
  794  become effective on July 1 of the subsequent fiscal year.
  795         3. Each customer entity that has a projected usage rate of
  796  4 percent or greater during the fiscal operating year of the
  797  primary data center shall have one trustee on the board.
  798         4. The total number of votes for each trustee shall be
  799  apportioned as follows:
  800         a. Customer entities of a primary data center whose usage
  801  rate represents 4 but less than 15 percent of total usage shall
  802  have one vote.
  803         b. Customer entities of a primary data center whose usage
  804  rate represents 15 but less than 30 percent of total usage shall
  805  have two votes.
  806         c. Customer entities of a primary data center whose usage
  807  rate represents 30 but less than 50 percent of total usage shall
  808  have three votes.
  809         d. A customer entity of a primary data center whose usage
  810  rate represents 50 percent or more of total usage shall have
  811  four votes.
  812         e. A single trustee having one vote shall represent those
  813  customer entities that represent less than 4 percent of the
  814  total usage. The trustee shall be selected by a process
  815  determined by the board.
  816         (3) BOARD DUTIES.—Each board of trustees of a primary data
  817  center shall:
  818         (j) Maintain the capabilities of the primary data center’s
  819  facilities. Maintenance responsibilities include, but are not
  820  limited to, ensuring that adequate conditioned floor space, fire
  821  suppression, cooling, and power is in place; replacing aging
  822  equipment when necessary; and making decisions related to data
  823  center expansion and renovation, periodic upgrades, and
  824  improvements that are required to ensure the ongoing suitability
  825  of the facility as an enterprise data center consolidation site
  826  in the state data center system. To the extent possible, the
  827  board shall ensure that its approved annual cost-allocation plan
  828  recovers sufficient funds from its customers to provide for
  829  these needs pursuant to s. 282.201(2)(e).
  830         Section 6. Section 282.204, Florida Statutes, is amended to
  831  read:
  832         282.204 Northwood Shared Resource Center.—The Northwood
  833  Shared Resource Center is an agency established within the
  834  department of Children and Family Services for administrative
  835  purposes only.
  836         (1) The center is a primary data center and is shall be a
  837  separate budget entity that is not subject to control,
  838  supervision, or direction of the department in any manner,
  839  including, but not limited to, purchasing, transactions
  840  involving real or personal property, personnel, or budgetary
  841  matters.
  842         (2) The center shall be headed by a board of trustees as
  843  provided in s. 282.203, who shall comply with all requirements
  844  of that section related to the operation of the center and with
  845  the rules of the Agency for Enterprise Information Technology
  846  related to the design and delivery of enterprise information
  847  technology services.
  848         Section 7. Section 282.206, Florida Statutes, is created to
  849  read:
  850         282.206Northwest Regional Data Center.—The Northwest
  851  Regional Data Center at Florida State University is designated
  852  as a primary data center.
  853         Section 8. Section 282.315, Florida Statutes, is repealed.
  854         Section 9. Subsections (3) through (7) of section 282.318,
  855  Florida Statutes, are amended to read:
  856         282.318 Enterprise security of data and information
  857  technology.—
  858         (3) The Office of Information Security within the Agency
  859  for Enterprise Information Technology is responsible for
  860  establishing rules and publishing guidelines for ensuring an
  861  appropriate level of security for all data and information
  862  technology resources for executive branch agencies. The agency
  863  office shall also perform the following duties and
  864  responsibilities:
  865         (a) Develop, and annually update by February 1, an
  866  enterprise information security strategic plan that includes
  867  security goals and objectives for the strategic issues of
  868  information security policy, risk management, training, incident
  869  management, and survivability planning.
  870         (b) Develop enterprise security rules and published
  871  guidelines for:
  872         1. Comprehensive risk analyses and information security
  873  audits conducted by state agencies.
  874         2. Responding to suspected or confirmed information
  875  security incidents, including suspected or confirmed breaches of
  876  personal information or exempt data.
  877         3. Agency security plans, including strategic security
  878  plans and security program plans.
  879         4. The recovery of information technology and data
  880  following a disaster.
  881         5. The managerial, operational, and technical safeguards
  882  for protecting state government data and information technology
  883  resources.
  884         (c) Assist agencies in complying with the provisions of
  885  this section.
  886         (d) Pursue appropriate funding for the purpose of enhancing
  887  domestic security.
  888         (e) Provide training for agency information security
  889  managers.
  890         (f) Annually review the strategic and operational
  891  information security plans of executive branch agencies.
  892         (4) To assist the Agency for Enterprise Information
  893  Technology Office of Information Security in carrying out its
  894  responsibilities, each agency head shall, at a minimum:
  895         (a) Designate an information security manager to administer
  896  the security program of the agency for its data and information
  897  technology resources. This designation must be provided annually
  898  in writing to the Agency for Enterprise Information Technology
  899  office by January 1.
  900         (b) Submit to the Agency for Enterprise Information
  901  Technology office annually by July 31, the agency’s strategic
  902  and operational information security plans developed pursuant to
  903  the rules and guidelines established by the Agency for
  904  Enterprise Information Technology office.
  905         1. The agency strategic information security plan must
  906  cover a 3-year period and define security goals, intermediate
  907  objectives, and projected agency costs for the strategic issues
  908  of agency information security policy, risk management, security
  909  training, security incident response, and survivability. The
  910  plan must be based on the enterprise strategic information
  911  security plan created by the Agency for Enterprise Information
  912  Technology office. Additional issues may be included.
  913         2. The agency operational information security plan must
  914  include a progress report for the prior operational information
  915  security plan and a project plan that includes activities,
  916  timelines, and deliverables for security objectives that,
  917  subject to current resources, the agency will implement during
  918  the current fiscal year. The cost of implementing the portions
  919  of the plan which cannot be funded from current resources must
  920  be identified in the plan.
  921         (c) Conduct, and update every 3 years, a comprehensive risk
  922  analysis to determine the security threats to the data,
  923  information, and information technology resources of the agency.
  924  The risk analysis information is confidential and exempt from
  925  the provisions of s. 119.07(1), except that such information
  926  shall be available to the Auditor General and the Agency for
  927  Enterprise Information Technology for performing postauditing
  928  duties.
  929         (d) Develop, and periodically update, written internal
  930  policies and procedures, which include procedures for notifying
  931  the Agency for Enterprise Information Technology office when a
  932  suspected or confirmed breach, or an information security
  933  incident, occurs. Such policies and procedures must be
  934  consistent with the rules and guidelines established by the
  935  Agency for Enterprise Information Technology office to ensure
  936  the security of the data, information, and information
  937  technology resources of the agency. The internal policies and
  938  procedures that, if disclosed, could facilitate the unauthorized
  939  modification, disclosure, or destruction of data or information
  940  technology resources are confidential information and exempt
  941  from s. 119.07(1), except that such information shall be
  942  available to the Auditor General and the Agency for Enterprise
  943  Information Technology for performing postauditing duties.
  944         (e) Implement appropriate cost-effective safeguards to
  945  address identified risks to the data, information, and
  946  information technology resources of the agency.
  947         (f) Ensure that periodic internal audits and evaluations of
  948  the agency’s security program for the data, information, and
  949  information technology resources of the agency are conducted.
  950  The results of such audits and evaluations are confidential
  951  information and exempt from s. 119.07(1), except that such
  952  information shall be available to the Auditor General and the
  953  Agency for Enterprise Information Technology for performing
  954  postauditing duties.
  955         (g) Include appropriate security requirements in the
  956  written specifications for the solicitation of information
  957  technology and information technology resources and services,
  958  which are consistent with the rules and guidelines established
  959  by the Agency for Enterprise Information Technology office.
  960         (h) Provide security awareness training to employees and
  961  users of the agency’s communication and information resources
  962  concerning information security risks and the responsibility of
  963  employees and users to comply with policies, standards,
  964  guidelines, and operating procedures adopted by the agency to
  965  reduce those risks.
  966         (i) Develop a process for detecting, reporting, and
  967  responding to suspected or confirmed security incidents,
  968  including suspected or confirmed breaches consistent with the
  969  security rules and guidelines established by the Agency for
  970  Enterprise Information Technology office.
  971         1. Suspected or confirmed information security incidents
  972  and breaches must be immediately reported to the Agency for
  973  Enterprise Information Technology office.
  974         2. For incidents involving breaches, agencies shall provide
  975  notice in accordance with s. 817.5681 and to the Agency for
  976  Enterprise Information Technology office in accordance with this
  977  subsection.
  978         (5) Each state agency shall include appropriate security
  979  requirements in the specifications for the solicitation of
  980  contracts for procuring information technology or information
  981  technology resources or services which are consistent with the
  982  rules and guidelines established by the Agency for Enterprise
  983  Information Technology Office of Information Security.
  984         (6) The Agency for Enterprise Information Technology may
  985  adopt rules relating to information security and to administer
  986  the provisions of this section.
  987         (7) By December 31, 2010, the Agency for Enterprise
  988  Information Technology shall develop, and submit to the
  989  Governor, the President of the Senate, and the Speaker of the
  990  House of Representatives a proposed implementation plan for
  991  information technology security. The agency shall describe the
  992  scope of operation, conduct costs and requirements analyses,
  993  conduct an inventory of all existing security information
  994  technology resources, and develop strategies, timeframes, and
  995  resources necessary for statewide migration.
  996         Section 10. Subsections (3) and (4) of section 282.33,
  997  Florida Statutes, are amended to read:
  998         282.33 Objective standards for data center energy
  999  efficiency.—
 1000         (2) State shared resource data centers and other data
 1001  centers that the Agency for Enterprise Information Technology
 1002  has determined will be recipients for consolidating data
 1003  centers, which are designated by the Agency for Enterprise
 1004  Information Technology, shall evaluate their data center
 1005  facilities for energy efficiency using the standards established
 1006  in this section.
 1007         (a) Results of these evaluations shall be reported to the
 1008  Agency for Enterprise Information Technology, the President of
 1009  the Senate, and the Speaker of the House of Representatives.
 1010  Reports shall enable the tracking of energy performance over
 1011  time and comparisons between facilities.
 1012         (b) Beginning By December 31, 2010, and every 3 years
 1013  biennially thereafter, the Agency for Enterprise Information
 1014  Technology shall submit to the Legislature recommendations for
 1015  reducing energy consumption and improving the energy efficiency
 1016  of state primary data centers.
 1017         (3) The primary means of achieving maximum energy savings
 1018  across all state data centers and computing facilities shall be
 1019  the consolidation of data centers and computing facilities as
 1020  determined by the Agency for Enterprise Information Technology.
 1021  State data centers and computing facilities in the state data
 1022  center system shall be established as an enterprise information
 1023  technology service as defined in s. 282.0041. The Agency for
 1024  Enterprise Information Technology shall make recommendations on
 1025  consolidating state data centers and computing facilities,
 1026  pursuant to s. 282.0056, by December 31, 2009.
 1027         (3)(4)If When the total cost of ownership of an energy
 1028  efficient product is less than or equal to the cost of the
 1029  existing data center facility or infrastructure, technical
 1030  specifications for energy-efficient products should be
 1031  incorporated in the plans and processes for replacing,
 1032  upgrading, or expanding data center facilities or
 1033  infrastructure, including, but not limited to, network, storage,
 1034  or computer equipment and software.
 1035         Section 11. Subsections (4) through (11) of section 282.34,
 1036  Florida Statutes, are amended to read:
 1037         282.34 Statewide e-mail service.—A state e-mail system that
 1038  includes the delivery and support of e-mail, messaging, and
 1039  calendaring capabilities is established as an enterprise
 1040  information technology service as defined in s. 282.0041. The
 1041  service shall be designed to meet the needs of all executive
 1042  branch agencies. The primary goals of the service are to
 1043  minimize the state investment required to establish, operate,
 1044  and support the statewide service; reduce the cost of current e
 1045  mail operations and the number of duplicative e-mail systems;
 1046  and eliminate the need for each state agency to maintain its own
 1047  e-mail staff.
 1048         (4) All agencies must be completely migrated to the
 1049  statewide e-mail service as soon as financially and
 1050  operationally feasible, but no later than December 31, 2012 June
 1051  30, 2015.
 1052         (a) The Agency for Enterprise Information Technology, in
 1053  consultation with the Southwood Shared Resource Center and the
 1054  statewide e-mail service provider, shall establish a schedule
 1055  for the following statewide e-mail service implementation
 1056  schedule if different from the schedule provided in this
 1057  subsection. is established for state agencies:
 1058         1. Phase 1.—The following agencies must be completely
 1059  migrated to the statewide e-mail system by June 30, 2012: the
 1060  Agency for Enterprise Information Technology; the Agency for
 1061  Persons With Disabilities; the Department of Business and
 1062  Professional Regulation; the Department of Children and Family
 1063  Services; the Department of Education, including the Board of
 1064  Governors; the Department of Elderly Affairs; the Department of
 1065  Citrus; the Department of Community Affairs, including the
 1066  Division of Emergency Management; the Department of Corrections;
 1067  the Department of Health; the Department of Highway Safety and
 1068  Motor Vehicles; the Department of Management Services, including
 1069  the Division of Administrative Hearings, the Division of
 1070  Retirement, the Commission on Human Relations, the Northwood
 1071  Shared Resource Center, and the Public Employees Relations
 1072  Commission; the Southwood Shared Resource Center; the Department
 1073  of State; the Department of Transportation; and the Department
 1074  of Revenue.
 1075         2. Phase 2.—The following agencies must be completely
 1076  migrated to the statewide e-mail system by December 31, 2012
 1077  June 30, 2013: the Agency for Health Care Administration; the
 1078  Agency for Workforce Innovation; the Executive Office of the
 1079  Governor, including the Office of Emergency Management; the
 1080  Department of Community Affairs, the Department of Agriculture
 1081  and Consumer Services; the Department of Financial Services,
 1082  including the Office of Financial Regulation and the Office of
 1083  Insurance Regulation; the Fish and Wildlife Conservation
 1084  Commission; the State Board of Administration; the Department of
 1085  Corrections the Department of Business and Professional
 1086  Regulation; the Department of Education, including the Board of
 1087  Governors; the Department of Environmental Protection; the
 1088  Department of Juvenile Justice; the Department of the Lottery;
 1089  the Department of State; the Department of Law Enforcement; the
 1090  Department of Veterans’ Affairs; the Judicial Administration
 1091  Commission; the Public Service Commission; and the Statewide
 1092  Guardian Ad Litem Office.
 1093         3. Phase 3.—The following agencies must be completely
 1094  migrated to the statewide e-mail system by June 30, 2014: the
 1095  Agency for Health Care Administration; the Agency for Workforce
 1096  Innovation; the Department of Financial Services, including the
 1097  Office of Financial Regulation and the Office of Insurance
 1098  Regulation; the Department of Agriculture and Consumer Services;
 1099  the Executive Office of the Governor; the Department of
 1100  Transportation; the Fish and Wildlife Conservation Commission;
 1101  the Agency for Persons With Disabilities; the Northwood Shared
 1102  Resource Center; and the State Board of Administration.
 1103         4. Phase 4.—The following agencies must be completely
 1104  migrated to the statewide e-mail system by June 30, 2015: the
 1105  Department of Children and Family Services; the Department of
 1106  Citrus; the Department of Elderly Affairs; and the Department of
 1107  Legal Affairs.
 1108         (b) Agency requests to modify their scheduled implementing
 1109  date must be submitted in writing to the Agency for Enterprise
 1110  Information Technology. Any exceptions or modifications to the
 1111  schedule must be approved by the Agency for Enterprise
 1112  Information Technology based only on the following criteria:
 1113         1. Avoiding nonessential investment in agency e-mail
 1114  hardware or software refresh, upgrade, or replacement.
 1115         2. Avoiding nonessential investment in new software or
 1116  hardware licensing agreements, maintenance or support
 1117  agreements, or e-mail staffing for current e-mail systems.
 1118         3. Resolving known agency e-mail problems through migration
 1119  to the statewide e-mail service.
 1120         4. Accommodating unique agency circumstances that require
 1121  an acceleration or delay of the implementation date.
 1122         (5) In order to develop the implementation plan for the
 1123  statewide e-mail service, the Agency for Enterprise Information
 1124  Technology shall establish and coordinate a statewide e-mail
 1125  project team. The agency shall also consult with and, as
 1126  necessary, form workgroups consisting of agency e-mail
 1127  management staff, agency chief information officers, agency
 1128  budget directors, and other administrative staff. The statewide
 1129  e-mail implementation plan must be submitted to the Governor,
 1130  the President of the Senate, and the Speaker of the House of
 1131  Representatives by July 1, 2011, or 120 calendar days after the
 1132  contract for statewide e-mail services is signed, whichever is
 1133  later.
 1134         (6) Unless authorized by the Legislature or as provided in
 1135  subsection (7), a state agency may not:
 1136         (a) Initiate a new e-mail service or execute a new e-mail
 1137  contract or new e-mail contract amendment for nonessential
 1138  products or services with any entity other than the provider of
 1139  the statewide e-mail service;
 1140         (b) Purchase equipment or make expenditures to expand,
 1141  support, or enhance an existing agency e-mail service Terminate
 1142  a statewide e-mail service without giving written notice of
 1143  termination 180 days in advance; or
 1144         (c) Transfer e-mail system services from the provider of
 1145  the statewide e-mail service.
 1146         (7) Exceptions to paragraphs (6)(a), (b), and (c) may be
 1147  granted by the Agency for Enterprise Information Technology only
 1148  if the Southwood Shared Resource Center is unable to meet agency
 1149  business requirements or provide the necessary equipment,
 1150  resources, or support for the agency e-mail service, and if such
 1151  requirements are essential to maintain agency operations.
 1152  Requests for exceptions must be submitted in writing to the
 1153  Agency for Enterprise Information Technology and include
 1154  documented confirmation by the Southwood Shared Resource Center
 1155  board of trustees that it cannot meet the requesting agency’s e
 1156  mail service requirements.
 1157         (8) Each agency shall include the budget issues necessary
 1158  for migrating to the statewide e-mail service in its legislative
 1159  budget request before the first full year it is scheduled to
 1160  migrate to the statewide service in accordance with budget
 1161  instructions developed pursuant to s. 216.023.
 1162         (9) The Agency for Enterprise Information Technology shall
 1163  adopt rules to standardize the format for state agency e-mail
 1164  addresses, ensure the sufficiency and transparency of financial
 1165  information relating to the enterprise e-mail service, and
 1166  establish a process to resolve complaints from state agency
 1167  customers regarding the scope, cost, and provision of the
 1168  statewide e-mail service.
 1169         (10) State agencies must fully cooperate with the Agency
 1170  for Enterprise Information Technology in the performance of its
 1171  responsibilities established in this section.
 1172         (11) The Agency for Enterprise Information Technology may
 1173  approve shall recommend changes to an agency’s scheduled date
 1174  for migration to the statewide e-mail service pursuant to this
 1175  section, annually by December 31, until migration to the
 1176  statewide service is complete.
 1177         Section 12. Section 282.35, Florida Statutes, is created to
 1178  read:
 1179         282.35Statewide desktop service.—A state desktop service
 1180  that includes the service delivery and support to enable the use
 1181  of standard office automation functions is established as an
 1182  enterprise information technology service. The service shall be
 1183  designed to meet the needs of all executive branch agencies and
 1184  reduce the current cost of operation and support.
 1185         (1) The department shall be the provider of the statewide
 1186  desktop service. The primary goals of the service are to
 1187  minimize the state investment required to establish, operate,
 1188  and support the statewide desktop service; reduce the cost of
 1189  current desktop operations and the number of duplicative desktop
 1190  management systems; and eliminate the need for each state agency
 1191  to maintain its own desktop support staff. The department shall
 1192  centrally host, manage, and provide desktop services to achieve
 1193  these goals.
 1194         (2) By December 31, 2011, the Agency for Enterprise
 1195  Information Technology shall submit a proposed plan for the
 1196  establishment of the desktop service to the Governor, the
 1197  President of the Senate, and the Speaker of the House of
 1198  Representatives. The plan shall be developed to reduce costs to
 1199  the state and must, at a minimum, include:
 1200         (a) An analysis of the in-house and external sourcing
 1201  options that should be considered for delivery and support of
 1202  the service. At a minimum, the analysis must include a lease
 1203  option, a seat management option, hosted virtual desktop option,
 1204  and, if technically and operationally beneficial, a combined in
 1205  house and external sourcing option.
 1206         (b) Estimated expenditures for desktop services in each
 1207  state agency for the 2011-2012 fiscal year.
 1208         (c) A cost-benefit analysis that estimates all major cost
 1209  elements associated with each sourcing option, including the
 1210  nonrecurring and recurring costs of each option. The analysis
 1211  must also include a comparison of the total cost of existing
 1212  desktop services with the total cost of each sourcing option for
 1213  desktop services in order to determine the level of savings
 1214  which can be expected.
 1215         (d) A complete description of the scope of functionality,
 1216  service requirements, operations and management processes, and
 1217  required resources, standards, and governance associated with
 1218  each sourcing option.
 1219         (e) A concise analysis of the ability of each sourcing
 1220  option to provide needed functionality and meet major service
 1221  requirements, including federal and state requirements for
 1222  confidentiality, privacy, security, and records retention.
 1223         (f) A reliable schedule for migrating all state agency
 1224  desktop resources to the new service beginning no later than
 1225  July 1, 2013, and completing by June 30, 2015.
 1226         (3) In order to develop the recommended plan for the new
 1227  system, the Agency for Enterprise Information Technology shall
 1228  consult with, and, as necessary, form workgroups consisting of,
 1229  agency program management staff, agency chief information
 1230  officers, and agency budget directors. State agencies must
 1231  cooperate with the Agency for Enterprise Technology in its
 1232  development of the plan.
 1233         (4) Unless authorized by the Legislature or as provided in
 1234  subsection (5), a state agency may not:
 1235         (a) Initiate a new desktop service with any entity other
 1236  than the provider of the statewide desktop service;
 1237         (b) Terminate a statewide desktop service without giving
 1238  written notice of termination 180 days in advance; or
 1239         (c) Transfer desktop services from the provider of the
 1240  statewide desktop service.
 1241         (5) Exceptions to paragraphs (4)(a), (b), and (c) may be
 1242  granted by the Agency for Enterprise Information Technology only
 1243  if the department is unable to meet agency desktop service
 1244  requirements. Requests for exceptions must be submitted in
 1245  writing to the Agency for Enterprise Information Technology and
 1246  must include confirmation by the secretary of the department
 1247  that the department cannot meet the requesting agency’s desktop
 1248  service requirements.
 1249         Section 13. Paragraph (a) of subsection (2), paragraph (h)
 1250  of subsection (3), paragraph (b) of subsection (4), and
 1251  subsection (15) of section 287.042, Florida Statutes, are
 1252  amended to read:
 1253         287.042 Powers, duties, and functions.—The department shall
 1254  have the following powers, duties, and functions:
 1255         (2)(a) To establish purchasing agreements and procure state
 1256  term contracts for commodities and contractual services,
 1257  pursuant to s. 287.057, under which state agencies shall, and
 1258  eligible users may, make purchases pursuant to s. 287.056. The
 1259  department may restrict purchases from some term contracts to
 1260  state agencies only for those term contracts where the inclusion
 1261  of other governmental entities will have an adverse effect on
 1262  competition or to those federal facilities located in this
 1263  state. The department may adopt rules establishing the
 1264  conditions under which an agency may be exempted from using a
 1265  state term contract or purchasing agreement if the department
 1266  determines that the use of such exemption is in the best
 1267  interest of the state. In such planning or purchasing the Office
 1268  of Supplier Diversity may monitor to ensure that opportunities
 1269  are afforded for contracting with minority business enterprises.
 1270  The department, for state term contracts, and all agencies, for
 1271  multiyear contractual services or term contracts, shall explore
 1272  reasonable and economical means to utilize certified minority
 1273  business enterprises. Purchases by any county, municipality,
 1274  private nonprofit community transportation coordinator
 1275  designated pursuant to chapter 427, while conducting business
 1276  related solely to the Commission for the Transportation
 1277  Disadvantaged, or other local public agency under the provisions
 1278  in the state purchasing contracts, and purchases, from the
 1279  corporation operating the correctional work programs, of
 1280  products or services that are subject to paragraph (1)(f), are
 1281  exempt from the competitive solicitation requirements otherwise
 1282  applying to their purchases.
 1283         (3) To establish a system of coordinated, uniform
 1284  procurement policies, procedures, and practices to be used by
 1285  agencies in acquiring commodities and contractual services,
 1286  which shall include, but not be limited to:
 1287         (h) The development, in consultation with the Agency Chief
 1288  Information Officers Council, of procedures to be used by state
 1289  agencies when procuring information technology commodities and
 1290  contractual services that to ensure compliance with public
 1291  records requirements and records retention and archiving
 1292  requirements.
 1293         (4)
 1294         (b) To prescribe, in consultation with the Agency Chief
 1295  Information Officers Council, procedures for procuring
 1296  information technology and information technology consultant
 1297  services that which provide for public announcement and
 1298  qualification, competitive solicitations, contract award, and
 1299  prohibition against contingent fees. Such procedures are shall
 1300  be limited to information technology consultant contracts for
 1301  which the total project costs, or planning or study activities,
 1302  are estimated to exceed the threshold amount provided for in s.
 1303  287.017, for CATEGORY TWO.
 1304         (15) To initiate or enter into joint agreements with
 1305  governmental agencies, as defined in s. 163.3164(10), for the
 1306  purpose of pooling funds for the purchase of commodities or
 1307  information technology that can be used by multiple agencies.
 1308         (a) Each agency that has been appropriated or has existing
 1309  funds for such purchase, shall, upon contract award by the
 1310  department, transfer their portion of the funds into the
 1311  department’s Operating Trust Fund for payment by the department.
 1312  The funds shall be transferred by the Executive Office of the
 1313  Governor pursuant to the agency budget amendment request
 1314  provisions under in chapter 216.
 1315         (b) Agencies that sign the joint agreements are financially
 1316  obligated for their portion of the agreed-upon funds. If an
 1317  agency becomes more than 90 days delinquent in paying the funds,
 1318  the department shall certify to the Chief Financial Officer the
 1319  amount due, and the Chief Financial Officer shall transfer the
 1320  amount due to the Operating Trust Fund of the department from
 1321  any of the agency’s available funds. The Chief Financial Officer
 1322  shall report these transfers and the reasons for the transfers
 1323  to the Executive Office of the Governor and the legislative
 1324  appropriations committees.
 1325         Section 14. Section 287.056, Florida Statutes, is amended
 1326  to read:
 1327         287.056 Purchases from purchasing agreements and state term
 1328  contracts.—
 1329         (1) Agencies shall, and eligible users may, purchase
 1330  commodities and contractual services from purchasing agreements
 1331  established and state term contracts procured by the department,
 1332  pursuant to s. 287.057, by the department. The department may
 1333  adopt rules establishing the conditions under which an agency
 1334  may be exempted from using a state term contract or purchasing
 1335  agreement if the department determines that the use of such
 1336  exemption is in the best interest of the state. Each agency
 1337  agreement made under this subsection shall include:
 1338         (a) A provision specifying a scope of work that clearly
 1339  establishes all tasks that the contractor is required to
 1340  perform.
 1341         (b) A provision dividing the contract into quantifiable,
 1342  measurable, and verifiable units of deliverables that must be
 1343  received and accepted in writing by the contract manager before
 1344  payment. Each deliverable must be directly related to the scope
 1345  of work and specify the required minimum level of service to be
 1346  performed and the criteria for evaluating the successful
 1347  completion of each deliverable.
 1348         (2) Agencies may have the option to purchase commodities or
 1349  contractual services from state term contracts procured,
 1350  pursuant to s. 287.057, by the department.
 1351         (2)(3) Agencies and eligible users may use a request for
 1352  quote to obtain written pricing or services information from a
 1353  state term contract vendor for commodities or contractual
 1354  services available on state term contract from that vendor. The
 1355  purpose of a request for quote is to determine whether a price,
 1356  term, or condition more favorable to the agency or eligible user
 1357  than that provided in the state term contract is available. Use
 1358  of a request for quote does not constitute a decision or
 1359  intended decision that is subject to protest under s. 120.57(3).
 1360         Section 15. Subsections (14) and (17) of section 287.057,
 1361  Florida Statutes, are amended to read:
 1362         287.057 Procurement of commodities or contractual
 1363  services.—
 1364         (14) For each contractual services contract, the agency
 1365  shall designate an employee to function as contract manager who
 1366  shall be responsible for enforcing performance of the contract
 1367  terms and conditions and serve as a liaison with the contractor.
 1368  Each contract manager who is responsible for contracts in excess
 1369  of the threshold amount for CATEGORY TWO must attend training
 1370  conducted by the Chief Financial Officer for accountability in
 1371  contracts and grant management. The Chief Financial Officer
 1372  shall establish and disseminate uniform procedures pursuant to
 1373  s. 17.03(3) to ensure that contractual services have been
 1374  rendered in accordance with the contract terms before the agency
 1375  processes the invoice for payment. The procedures shall include,
 1376  but need not be limited to, procedures for monitoring and
 1377  documenting contractor performance, reviewing and documenting
 1378  all deliverables for which payment is requested by vendors, and
 1379  providing written certification by contract managers of the
 1380  agency’s receipt of goods and services. The Department shall
 1381  adopt rules to be used by agencies to manage contracts.
 1382         (17)(a)1. Each agency must avoid, neutralize, or mitigate
 1383  significant potential organizational conflicts of interest
 1384  before a contract is awarded.
 1385         1. If the agency elects to mitigate the significant
 1386  potential organizational conflict or conflicts of interest, an
 1387  adequate mitigation plan, including organizational, physical,
 1388  and electronic barriers, shall be developed.
 1389         2. If a conflict cannot be avoided or mitigated, an agency
 1390  may proceed with the contract award if the agency head certifies
 1391  that the award is in the best interests of the state. The agency
 1392  head must specify in writing the basis for the certification.
 1393         (b)1. An agency head may not proceed with a contract award
 1394  under subparagraph (a)2. if a conflict of interest is based upon
 1395  the vendor gaining an unfair competitive advantage.
 1396         2. An unfair competitive advantage exists if when the
 1397  vendor competing for the award of a contract obtained:
 1398         1.a. Access to information that is not available to the
 1399  public and would assist the vendor in obtaining the contract; or
 1400         2.b. Source selection information that is relevant to the
 1401  contract but is not available to all competitors and that would
 1402  assist the vendor in obtaining the contract.
 1403         (c) A person who receives a contract that has not been
 1404  procured pursuant to subsections (1)-(3) to perform a
 1405  feasibility study of the potential implementation of a
 1406  subsequent contract, who participates in the drafting of a
 1407  solicitation or who develops a program for future
 1408  implementation, is not eligible to contract with the agency for
 1409  any other contracts dealing with that specific subject matter,
 1410  and any firm in which such person has any interest is not
 1411  eligible to receive such contract. However, this prohibition
 1412  does not prevent a vendor who responds to a request for
 1413  information from being eligible to contract with an agency.
 1414         Section 16. Section 45 of chapter 2010-151, Laws of
 1415  Florida, is amended to read:
 1416         Section 45. Contracts for academic program reviews,
 1417  auditing services, health services, or Medicaid services are
 1418  subject to the transaction or user fees imposed under ss.
 1419  287.042(1)(h) and 287.057(22), Florida Statutes, only to the
 1420  extent that such contracts were not subject to such transaction
 1421  or user fees before July 1, 2010.
 1422         Section 17. The Agency for Enterprise Information
 1423  Technology is transferred by a type one transfer, as defined in
 1424  s. 20.06(1), Florida Statutes, from the Executive Office of the
 1425  Governor to the Department of Management Services.
 1426         Section 18. The Northwood Shared Resource Center is
 1427  transferred by a type one transfer, as defined in s. 20.06(1),
 1428  Florida Statutes, from the Department of Children and Family
 1429  Services to the Department of Management Services.
 1430         Section 19. The Agency for Enterprise Information
 1431  Technology, in coordination with the Southwood Shared Resource
 1432  Center, shall provide a written status report to the Executive
 1433  Office of the Governor and to the chairs of the legislative
 1434  appropriations committees detailing the progress made by the
 1435  agencies required to migrate, pursuant to s. 282.34(4)(a)1.,
 1436  Florida Statutes, to the statewide e-mail service by June 30,
 1437  2012. The status report must be provided every 6 months,
 1438  beginning September 1, 2011, until implementation is complete.
 1439         Section 20. This act shall take effect July 1, 2011.