Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1870
       
       
       
       
       
       
                                Ì775314"Î775314                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/19/2020           .                                
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       The Committee on Banking and Insurance (Taddeo) recommended the
       following:
       
    1         Senate Amendment to Amendment (142964) (with title
    2  amendment)
    3  
    4         Delete lines 82 - 577
    5  and insert:
    6  Services, and the Department of Financial Services, upon their
    7  writing to the Secretary of Management Services that they have
    8  elected to participate in the enterprise architecture.
    9         (16)“Enterprise architecture” means a comprehensive
   10  operational framework that contemplates the needs and assets of
   11  the enterprise to support interoperability across state
   12  government.
   13         (17)(11) “Enterprise information technology service” means
   14  an information technology service that is used in all agencies
   15  or a subset of agencies and is established in law to be
   16  designed, delivered, and managed at the enterprise level.
   17         (18)(12) “Event” means an observable occurrence in a system
   18  or network.
   19         (19)(13) “Incident” means a violation or imminent threat of
   20  violation, whether such violation is accidental or deliberate,
   21  of information technology resources, security, policies, or
   22  practices. An imminent threat of violation refers to a situation
   23  in which the state agency has a factual basis for believing that
   24  a specific incident is about to occur.
   25         (20)(14) “Information technology” means equipment,
   26  hardware, software, firmware, programs, systems, networks,
   27  infrastructure, media, and related material used to
   28  automatically, electronically, and wirelessly collect, receive,
   29  access, transmit, display, store, record, retrieve, analyze,
   30  evaluate, process, classify, manipulate, manage, assimilate,
   31  control, communicate, exchange, convert, converge, interface,
   32  switch, or disseminate information of any kind or form.
   33         (21)(15) “Information technology policy” means a definite
   34  course or method of action selected from among one or more
   35  alternatives that guide and determine present and future
   36  decisions.
   37         (22)(16) “Information technology resources” has the same
   38  meaning as provided in s. 119.011.
   39         (23)(17) “Information technology security” means the
   40  protection afforded to an automated information system in order
   41  to attain the applicable objectives of preserving the integrity,
   42  availability, and confidentiality of data, information, and
   43  information technology resources.
   44         (24)“Interoperability” means the technical ability to
   45  share and use data across and throughout the enterprise.
   46         (25)(18) “Open data” means data collected or created by a
   47  state agency, which includes, upon their election to
   48  participate, the Department of Legal Affairs, the Department of
   49  Agriculture and Consumer Services, and the Department of
   50  Financial Services, and structured in a way that enables the
   51  data to be fully discoverable and usable by the public. The term
   52  does not include data that are restricted from public disclosure
   53  distribution based on federal or state privacy, confidentiality,
   54  and security laws and regulations or data for which a state
   55  agency is statutorily authorized to assess a fee for its
   56  distribution.
   57         (26)(19) “Performance metrics” means the measures of an
   58  organization’s activities and performance.
   59         (27)(20) “Project” means an endeavor that has a defined
   60  start and end point; is undertaken to create or modify a unique
   61  product, service, or result; and has specific objectives that,
   62  when attained, signify completion.
   63         (28)(21) “Project oversight” means an independent review
   64  and analysis of an information technology project that provides
   65  information on the project’s scope, completion timeframes, and
   66  budget and that identifies and quantifies issues or risks
   67  affecting the successful and timely completion of the project.
   68         (29)“Qualified entity” means a public or private entity or
   69  individual that enters into a binding agreement with the
   70  department, meets usage criteria, agrees to terms and
   71  conditions, and is subsequently and prescriptively authorized by
   72  the department to access data under the terms of that agreement
   73  as specified in s. 282.0051.
   74         (30)(22) “Risk assessment” means the process of identifying
   75  security risks, determining their magnitude, and identifying
   76  areas needing safeguards.
   77         (31)(23) “Service level” means the key performance
   78  indicators (KPI) of an organization or service which must be
   79  regularly performed, monitored, and achieved.
   80         (32)(24) “Service-level agreement” means a written contract
   81  between the Department of Management Services and a customer
   82  entity which specifies the scope of services provided, service
   83  level, the duration of the agreement, the responsible parties,
   84  and service costs. A service-level agreement is not a rule
   85  pursuant to chapter 120.
   86         (33)(25) “Stakeholder” means a person, group, organization,
   87  or state agency involved in or affected by a course of action.
   88         (34)(26) “Standards” means required practices, controls,
   89  components, or configurations established by an authority.
   90         (35)(27) “State agency” means any official, officer,
   91  commission, board, authority, council, committee, or department
   92  of the executive branch of state government; the Justice
   93  Administrative Commission; and the Public Service Commission.
   94  The term does not include university boards of trustees or state
   95  universities. As used in part I of this chapter, except as
   96  otherwise specifically provided, the term does not include the
   97  Department of Legal Affairs, the Department of Agriculture and
   98  Consumer Services, or the Department of Financial Services.
   99         (36)(28) “SUNCOM Network” means the state enterprise
  100  telecommunications system that provides all methods of
  101  electronic or optical telecommunications beyond a single
  102  building or contiguous building complex and used by entities
  103  authorized as network users under this part.
  104         (37)(29) “Telecommunications” means the science and
  105  technology of communication at a distance, including electronic
  106  systems used in the transmission or reception of information.
  107         (38)(30) “Threat” means any circumstance or event that has
  108  the potential to adversely impact a state agency’s operations or
  109  assets through an information system via unauthorized access,
  110  destruction, disclosure, or modification of information or
  111  denial of service.
  112         (39)(31) “Variance” means a calculated value that
  113  illustrates how far positive or negative a projection has
  114  deviated when measured against documented estimates within a
  115  project plan.
  116         Section 3. Section 282.0051, Florida Statutes, is amended
  117  to read:
  118         282.0051 Florida Digital Service Department of Management
  119  Services; powers, duties, and functions.—There is established
  120  the Florida Digital Service within the department to create
  121  innovative solutions that securely modernize state government,
  122  achieve value through digital transformation and
  123  interoperability, and fully support the cloud-first policy as
  124  specified in s. 282.206.
  125         (1) The Florida Digital Service department shall have the
  126  following powers, duties, and functions:
  127         (a)(1) Develop and publish information technology policy
  128  for the management of the state’s information technology
  129  resources.
  130         (b)(2)Develop an enterprise architecture that:
  131         1.Acknowledges the unique needs of those included within
  132  the enterprise, resulting in the publication of standards,
  133  terminologies, and procurement guidelines to facilitate digital
  134  interoperability;
  135         2.Supports the cloud-first policy as specified in s.
  136  282.206; and
  137         3.Addresses how information technology infrastructure may
  138  be modernized to achieve cloud-first objectives Establish and
  139  publish information technology architecture standards to provide
  140  for the most efficient use of the state’s information technology
  141  resources and to ensure compatibility and alignment with the
  142  needs of state agencies. The department shall assist state
  143  agencies in complying with the standards.
  144         (c)(3) Establish project management and oversight standards
  145  with which state agencies must comply when implementing projects
  146  that have an information technology component projects. The
  147  Florida Digital Service department shall provide training
  148  opportunities to state agencies to assist in the adoption of the
  149  project management and oversight standards. To support data
  150  driven decisionmaking, the standards must include, but are not
  151  limited to:
  152         1.(a) Performance measurements and metrics that objectively
  153  reflect the status of a project with an information technology
  154  component project based on a defined and documented project
  155  scope, cost, and schedule.
  156         2.(b) Methodologies for calculating acceptable variances in
  157  the projected versus actual scope, schedule, or cost of a
  158  project with an information technology component project.
  159         3.(c) Reporting requirements, including requirements
  160  designed to alert all defined stakeholders that a project with
  161  an information technology component project has exceeded
  162  acceptable variances defined and documented in a project plan.
  163         4.(d) Content, format, and frequency of project updates.
  164         (d)(4) Perform project oversight on all state agency
  165  information technology projects that have an information
  166  technology component with a total project cost costs of $10
  167  million or more and that are funded in the General
  168  Appropriations Act or any other law. The Florida Digital Service
  169  department shall report at least quarterly to the Executive
  170  Office of the Governor, the President of the Senate, and the
  171  Speaker of the House of Representatives on any project with an
  172  information technology component project that the Florida
  173  Digital Service department identifies as high-risk due to the
  174  project exceeding acceptable variance ranges defined and
  175  documented in a project plan. The report must include a risk
  176  assessment, including fiscal risks, associated with proceeding
  177  to the next stage of the project, and a recommendation for
  178  corrective actions required, including suspension or termination
  179  of the project. The Florida Digital Service shall establish a
  180  process for state agencies to apply for an exception to the
  181  requirements of this paragraph for a specific project with an
  182  information technology component.
  183         (e)(5) Identify opportunities for standardization and
  184  consolidation of information technology services that support
  185  interoperability and the cloud-first policy as specified in s.
  186  282.206, business functions and operations, including
  187  administrative functions such as purchasing, accounting and
  188  reporting, cash management, and personnel, and that are common
  189  across state agencies. The Florida Digital Service department
  190  shall biennially on April 1 provide recommendations for
  191  standardization and consolidation to the Executive Office of the
  192  Governor, the President of the Senate, and the Speaker of the
  193  House of Representatives.
  194         (f)(6) Establish best practices for the procurement of
  195  information technology products and cloud-computing services in
  196  order to reduce costs, increase the quality of data center
  197  services, or improve government services.
  198         (g)(7) Develop standards for information technology reports
  199  and updates, including, but not limited to, operational work
  200  plans, project spend plans, and project status reports, for use
  201  by state agencies.
  202         (h)(8) Upon request, assist state agencies in the
  203  development of information technology-related legislative budget
  204  requests.
  205         (i)(9) Conduct annual assessments of state agencies to
  206  determine compliance with all information technology standards
  207  and guidelines developed and published by the Florida Digital
  208  Service department and provide results of the assessments to the
  209  Executive Office of the Governor, the President of the Senate,
  210  and the Speaker of the House of Representatives.
  211         (j)(10) Provide operational management and oversight of the
  212  state data center established pursuant to s. 282.201, which
  213  includes:
  214         1.(a) Implementing industry standards and best practices
  215  for the state data center’s facilities, operations, maintenance,
  216  planning, and management processes.
  217         2.(b) Developing and implementing cost-recovery or other
  218  payment mechanisms that recover the full direct and indirect
  219  cost of services through charges to applicable customer
  220  entities. Such cost-recovery or other payment mechanisms must
  221  comply with applicable state and federal regulations concerning
  222  distribution and use of funds and must ensure that, for any
  223  fiscal year, no service or customer entity subsidizes another
  224  service or customer entity.
  225         3.(c) Developing and implementing appropriate operating
  226  guidelines and procedures necessary for the state data center to
  227  perform its duties pursuant to s. 282.201. The guidelines and
  228  procedures must comply with applicable state and federal laws,
  229  regulations, and policies and conform to generally accepted
  230  governmental accounting and auditing standards. The guidelines
  231  and procedures must include, but need not be limited to:
  232         a.1. Implementing a consolidated administrative support
  233  structure responsible for providing financial management,
  234  procurement, transactions involving real or personal property,
  235  human resources, and operational support.
  236         b.2. Implementing an annual reconciliation process to
  237  ensure that each customer entity is paying for the full direct
  238  and indirect cost of each service as determined by the customer
  239  entity’s use of each service.
  240         c.3. Providing rebates that may be credited against future
  241  billings to customer entities when revenues exceed costs.
  242         d.4. Requiring customer entities to validate that
  243  sufficient funds exist in the appropriate data processing
  244  appropriation category or will be transferred into the
  245  appropriate data processing appropriation category before
  246  implementation of a customer entity’s request for a change in
  247  the type or level of service provided, if such change results in
  248  a net increase to the customer entity’s cost for that fiscal
  249  year.
  250         e.5. By November 15 of each year, providing to the Office
  251  of Policy and Budget in the Executive Office of the Governor and
  252  to the chairs of the legislative appropriations committees the
  253  projected costs of providing data center services for the
  254  following fiscal year.
  255         f.6. Providing a plan for consideration by the Legislative
  256  Budget Commission if the cost of a service is increased for a
  257  reason other than a customer entity’s request made pursuant to
  258  sub-subparagraph d. subparagraph 4. Such a plan is required only
  259  if the service cost increase results in a net increase to a
  260  customer entity for that fiscal year.
  261         g.7. Standardizing and consolidating procurement and
  262  contracting practices.
  263         4.(d) In collaboration with the Department of Law
  264  Enforcement, developing and implementing a process for
  265  detecting, reporting, and responding to information technology
  266  security incidents, breaches, and threats.
  267         5.(e) Adopting rules relating to the operation of the state
  268  data center, including, but not limited to, budgeting and
  269  accounting procedures, cost-recovery or other payment
  270  methodologies, and operating procedures.
  271         (f) Conducting an annual market analysis to determine
  272  whether the state’s approach to the provision of data center
  273  services is the most effective and cost-efficient manner by
  274  which its customer entities can acquire such services, based on
  275  federal, state, and local government trends; best practices in
  276  service provision; and the acquisition of new and emerging
  277  technologies. The results of the market analysis shall assist
  278  the state data center in making adjustments to its data center
  279  service offerings.
  280         (k)(11) Recommend other information technology services
  281  that should be designed, delivered, and managed as enterprise
  282  information technology services. Recommendations must include
  283  the identification of existing information technology resources
  284  associated with the services, if existing services must be
  285  transferred as a result of being delivered and managed as
  286  enterprise information technology services.
  287         (l)(12) In consultation with state agencies, propose a
  288  methodology and approach for identifying and collecting both
  289  current and planned information technology expenditure data at
  290  the state agency level.
  291         (m)1.(13)(a) Notwithstanding any other law, provide project
  292  oversight on any project with an information technology
  293  component project of the Department of Financial Services, the
  294  Department of Legal Affairs, and the Department of Agriculture
  295  and Consumer Services which has a total project cost of $25
  296  million or more and which impacts one or more other agencies.
  297  Such projects with an information technology component projects
  298  must also comply with the applicable information technology
  299  architecture, project management and oversight, and reporting
  300  standards established by the Florida Digital Service department.
  301  The Florida Digital Service shall establish a process for the
  302  Department of Financial Services, the Department of Legal
  303  Affairs, and the Department of Agriculture and Consumer Services
  304  to apply for an exception to the requirements of this paragraph
  305  for a specific project with an information technology component.
  306         2.(b) When performing the project oversight function
  307  specified in subparagraph 1. paragraph (a), report at least
  308  quarterly to the Executive Office of the Governor, the President
  309  of the Senate, and the Speaker of the House of Representatives
  310  on any project with an information technology component project
  311  that the Florida Digital Service department identifies as high
  312  risk due to the project exceeding acceptable variance ranges
  313  defined and documented in the project plan. The report shall
  314  include a risk assessment, including fiscal risks, associated
  315  with proceeding to the next stage of the project and a
  316  recommendation for corrective actions required, including
  317  suspension or termination of the project.
  318         (n)(14) If a project with an information technology
  319  component project implemented by a state agency must be
  320  connected to or otherwise accommodated by an information
  321  technology system administered by the Department of Financial
  322  Services, the Department of Legal Affairs, or the Department of
  323  Agriculture and Consumer Services, consult with these
  324  departments regarding the risks and other effects of such
  325  projects on their information technology systems and work
  326  cooperatively with these departments regarding the connections,
  327  interfaces, timing, or accommodations required to implement such
  328  projects.
  329         (o)(15) If adherence to standards or policies adopted by or
  330  established pursuant to this section causes conflict with
  331  federal regulations or requirements imposed on a state agency
  332  and results in adverse action against the state agency or
  333  federal funding, work with the state agency to provide
  334  alternative standards, policies, or requirements that do not
  335  conflict with the federal regulation or requirement. The Florida
  336  Digital Service department shall annually report such
  337  alternative standards to the Governor, the President of the
  338  Senate, and the Speaker of the House of Representatives.
  339         (p)1.(16)(a) Establish an information technology policy for
  340  all information technology-related state contracts, including
  341  state term contracts for information technology commodities,
  342  consultant services, and staff augmentation services. The
  343  information technology policy must include:
  344         a.1. Identification of the information technology product
  345  and service categories to be included in state term contracts.
  346         b.2. Requirements to be included in solicitations for state
  347  term contracts.
  348         c.3. Evaluation criteria for the award of information
  349  technology-related state term contracts.
  350         d.4. The term of each information technology-related state
  351  term contract.
  352         e.5. The maximum number of vendors authorized on each state
  353  term contract.
  354         2.(b) Evaluate vendor responses for information technology
  355  related state term contract solicitations and invitations to
  356  negotiate.
  357         3.(c) Answer vendor questions on information technology
  358  related state term contract solicitations.
  359         4.(d) Ensure that the information technology policy
  360  established pursuant to subparagraph 1. paragraph (a) is
  361  included in all solicitations and contracts that are
  362  administratively executed by the department.
  363         (q)(17) Recommend potential methods for standardizing data
  364  across state agencies which will promote interoperability and
  365  reduce the collection of duplicative data.
  366         (r)(18) Recommend open data technical standards and
  367  terminologies for use by the enterprise state agencies.
  368         (2)(a)The Secretary of Management Services shall designate
  369  a state chief information officer, who shall administer the
  370  Florida Digital Service and is included in the Senior Management
  371  Service.
  372         (b)The state chief information officer shall designate a
  373  chief data officer, who shall report to the state chief
  374  information officer and is included in the Senior Management
  375  Service.
  376         (3)The Florida Digital Service shall, pursuant to
  377  legislative appropriation:
  378         (a)Create and maintain a comprehensive indexed data
  379  catalog that lists what data elements are housed within the
  380  enterprise and in which legacy system or application these data
  381  elements are located.
  382         (b)Develop and publish, in collaboration with the
  383  enterprise, a data dictionary for each agency which reflects the
  384  nomenclature in the comprehensive indexed data catalog.
  385         (c)Review and document use cases across the enterprise
  386  architecture.
  387         (d)Develop and publish standards that support the creation
  388  and deployment of application programming interfaces to
  389  facilitate integration throughout the enterprise.
  390         (e)Publish standards necessary to facilitate a secure
  391  ecosystem of data interoperability which is compliant with the
  392  enterprise architecture and allows for a qualified entity to
  393  access the enterprise’s data under the terms of the agreements
  394  with the department. However, enterprise data do not include
  395  data that are restricted from public distribution based on
  396  federal or state privacy, confidentiality, or security laws and
  397  regulations.
  398         (f)Publish standards that facilitate the deployment of
  399  applications or solutions to existing enterprise obligations in
  400  a controlled and phased approach, including, but not limited to:
  401         1.Electronic credentials, including digital proofs of a
  402  driver license as specified in s. 322.032.
  403         2.Interoperability that enables supervisors of elections
  404  to authenticate voter eligibility in real time at the point of
  405  service.
  406         3.The criminal justice database.
  407         4.Motor vehicle insurance cancellation integration between
  408  insurers and the Department of Highway Safety and Motor
  409  Vehicles.
  410         5.Interoperability solutions between agencies, including,
  411  but not limited to, the Department of Health, the Agency for
  412  Health Care Administration, the Agency for Persons with
  413  Disabilities, the Department of Education, the Department of
  414  Elderly Affairs, and the Department of Children and Families.
  415         6.Interoperability solutions to support military members,
  416  veterans, and their families.
  417         (4) Pursuant to legislative authorization and subject to
  418  appropriation:
  419         (a) The department may procure a credential service
  420  provider through a competitive process pursuant to s. 287.057.
  421  The terms of the contract developed from such procurement must
  422  pay for the value on a per-data-call or subscription basis, and
  423  there shall be no cost to the enterprise or law enforcement for
  424  using the services provided by the credential service provider.
  425         (b) The department may enter into agreements with qualified
  426  entities that have the technological capabilities necessary to
  427  integrate with the credential service provider; ensure secure
  428  validation and authentication of data; meet usage criteria; and
  429  agree to terms and conditions, privacy policies, and uniform
  430  remittance terms relating to the consumption of enterprise data.
  431  Enterprise data do not include data that are restricted from
  432  public disclosure based on federal or state privacy,
  433  confidentiality, or security laws and regulations. These
  434  agreements must include clear, enforceable, and significant
  435  penalties for violations of the agreements.
  436         (c) The terms of the agreements between the department and
  437  the credential service provider and between the department and
  438  the qualified entities must be based on the per-data-call or
  439  subscription charges to validate and authenticate an electronic
  440  credential and allow the department to recover any state costs
  441  for implementing and administering an electronic credential
  442  solution. Credential service provider and qualifying entity
  443  revenues may not be derived from any other transactions that
  444  generate revenue for the enterprise outside of the per-data-call
  445  or subscription charges.
  446         (d) All revenues generated from the agreements with the
  447  credential service provider and qualified entities shall be
  448  remitted to the department, and the department shall deposit
  449  these revenues into the Department of Management Services
  450  Operating Trust Fund for distribution pursuant to a legislative
  451  appropriation and department agreements with the credential
  452  service provider and qualified entities.
  453         (e) Upon the signing of the agreement and the enterprise
  454  architecture terms of service and privacy policies with a
  455  qualified entity, the department shall facilitate authorized
  456  integrations between the qualified entity and the credential
  457  service provider.
  458         (5)Upon the adoption of the enterprise architecture, the
  459  Florida Digital Service may develop a process to:
  460         (a)Receive written notice from the enterprise of any
  461  procurement of an information technology project that is subject
  462  to enterprise architecture standards.
  463         (b)Participate in the development of specifications and
  464  recommend modifications of any procurement by state agencies so
  465  that the procurement complies with the enterprise architecture.
  466         (6)(19)The Florida Digital Service may adopt rules to
  467  administer this section.
  468         Section 4. Section 282.00515, Florida Statutes, is amended
  469  to read:
  470         282.00515 Duties of Cabinet agencies.—
  471         (1) The Department of Legal Affairs, the Department of
  472  Financial Services, and the Department of Agriculture and
  473  Consumer Services shall adopt the standards established in s.
  474  282.0051(1)(b), (c), (g), (r), and (3)(e) s. 282.0051(2), (3),
  475  and (7) or adopt alternative standards based on best practices
  476  and industry standards that allow for the interoperability of
  477  open data within the enterprise.
  478         (2)The Department of Legal Affairs, the Department of
  479  Financial Services, or the Department of Agriculture and
  480  Consumer Services may contract with the department to provide or
  481  perform any of the services and functions described in s.
  482  282.0051.
  483         (3)(a)This section or s. 282.0051 does not require the
  484  
  485  ================= T I T L E  A M E N D M E N T ================
  486  And the title is amended as follows:
  487         Delete lines 1067 - 1070
  488  and insert:
  489         and Consumer Services must adopt; providing
  490         construction; prohibiting the