Florida Senate - 2014              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. SB 928
       
       
       
       
       
                               Ì290876PÎ290876                          
       
       576-02182-14                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on General Government)
    1                        A bill to be entitled                      
    2         An act relating to state technology; repealing s.
    3         14.204, F.S., relating to the Agency for Enterprise
    4         Information Technology within the Executive Office of
    5         the Governor; creating s. 20.61, F.S.; creating the
    6         Agency for State Technology within the Department of
    7         Management Services; providing for an executive
    8         director and other permanent positions; creating a
    9         Technology Advisory Council and providing for
   10         membership; amending s. 282.0041, F.S.; revising and
   11         defining terms used in the Enterprise Information
   12         Technology Services Management Act; creating s.
   13         282.0051, F.S.; providing the powers, duties, and
   14         functions of the Agency for State Technology;
   15         authorizing the agency to adopt rules; providing
   16         exceptions for certain departments; repealing s.
   17         282.0055, F.S., relating to the assignment of
   18         information technology resource and service
   19         responsibilities; repealing s. 282.0056, F.S.,
   20         relating to the development of an annual work plan,
   21         the development of implementation plans, and policy
   22         recommendations relating to enterprise information
   23         technology services; amending s. 282.201, F.S.;
   24         providing for a state data center and the duties of
   25         the center; deleting duties for the Agency for
   26         Enterprise Information Technology; revising the
   27         schedule for consolidating agency data centers and
   28         deleting obsolete provisions; revising the limitations
   29         on state agencies; repealing s. 282.203, F.S.,
   30         relating to primary data centers; repealing s.
   31         282.204, F.S., relating to the Northwood Shared
   32         Resource Center; repealing s. 282.205, F.S., relating
   33         to the Southwood Shared Resource Center; amending s.
   34         282.318, F.S.; conforming provisions to changes made
   35         by the act; revising the duties of the state agencies
   36         with respect to information technology security;
   37         repealing s. 282.33, F.S., relating to objective
   38         standards for data center energy efficiency; repealing
   39         s. 282.34, F.S., relating to statewide e-mail service;
   40         amending ss. 17.0315, 20.055, 110.205, 215.322, and
   41         215.96, F.S.; conforming provisions to changes made by
   42         the act; amending s. 216.023, F.S.; requiring the
   43         governance structure of information technology
   44         projects to incorporate certain standards; amending s.
   45         287.057, F.S.; requiring the Department of Management
   46         Services to consult with the agency with respect to
   47         the online procurement of commodities; amending ss.
   48         445.011, 445.045, and 668.50, F.S.; conforming
   49         provisions to changes made by the act; amending s.
   50         943.0415, F.S.; providing additional duties for the
   51         Cybercrime Office in the Department of Law Enforcement
   52         relating to cyber security; requiring the office to
   53         provide cyber security training to state agency
   54         employees; requiring the office to consult with the
   55         agency; amending s. 1004.649, F.S.; revising
   56         provisions relating to the Northwest Regional Data
   57         Center; revising the center’s duties and the content
   58         of service-level agreements with state agency
   59         customers; transferring the components of the Agency
   60         for Enterprise Information Technology to the Agency
   61         for State Technology; providing that certain rules
   62         adopted by the Agency for Enterprise Information
   63         Technology are nullified; transferring the Northwood
   64         Shared Resource Center and the Southwood Shared
   65         Resource Center to the Agency for State Technology;
   66         requiring the Agency for State Technology to complete
   67         a feasibility study relating to managing state
   68         government data; specifying the components of the
   69         study; requiring the study to be submitted to the
   70         Governor and Legislature by a certain date; creating
   71         the State Data Center Task Force; specifying the
   72         membership and purpose of the task force; providing
   73         for expiration; providing an appropriation; providing
   74         effective dates.
   75          
   76  Be It Enacted by the Legislature of the State of Florida:
   77  
   78         Section 1. Section 14.204, Florida Statutes, is repealed.
   79         Section 2. Section 20.61, Florida Statutes, is created to
   80  read:
   81         20.61 Agency for State Technology.—The Agency for State
   82  Technology is created within the Department of Management
   83  Services.
   84         (1) The agency is a separate budget entity and is not
   85  subject to control, supervision, or direction by the department,
   86  including, but not limited to, purchasing, transactions
   87  involving real or personal property, personnel, or budgetary
   88  matters.
   89         (2) The agency shall be headed by an executive director
   90  appointed by the Governor and subject to the confirmation of the
   91  Senate. The executive director shall be the State Chief
   92  Information Officer.
   93         (a) The executive director must be a proven, effective
   94  administrator who preferably has executive-level experience in
   95  both the public and private sectors.
   96         (b) The Governor shall conduct a thorough search to find
   97  the most qualified candidate and in conducting such a search,
   98  the Governor shall place emphasis on the development and
   99  implementation of information technology strategic planning;
  100  management of enterprise information technology projects,
  101  particularly management of large-scale consolidation projects;
  102  and development and implementation of fiscal and substantive
  103  information technology policy.
  104         (3) The following positions are established within the
  105  agency, all of which shall be appointed by the executive
  106  director:
  107         (a) A Deputy State Chief Information Officer.
  108         (b) A Chief Planning Officer and six Strategic Planning
  109  Coordinators with one coordinator assigned to each of the
  110  following major program areas: health and human services,
  111  education, government operations, criminal and civil justice,
  112  agriculture and natural resources, and transportation and
  113  economic development.
  114         (c) A Chief Operations Officer.
  115         (d) A Chief Information Security Officer.
  116         (e) A Chief Technology Officer.
  117         (4) The Technology Advisory Council, consisting of seven
  118  members, is established and shall be maintained within the
  119  agency pursuant to s. 20.052. Four members, two of whom must be
  120  from the private sector, shall be appointed by the Governor; one
  121  member shall be appointed by the Chief Financial Officer in
  122  consultation with the Attorney General and the Commissioner of
  123  Agriculture; and one member each shall be appointed by the
  124  President of the Senate and the Speaker of the House of
  125  Representatives. Upon initial establishment of the council, two
  126  of the Governor’s appointments shall be for 2-year terms.
  127  Thereafter all appointments shall be for 4-year terms.
  128         (a) The council shall consider and make recommendations to
  129  the executive director of the agency on such matters as
  130  enterprise information technology policies, standards, services,
  131  and architecture.
  132         (b) The executive director of the agency shall consult with
  133  the council with regard to executing the duties and
  134  responsibilities of the agency related to statewide information
  135  technology strategic planning and policy.
  136         (c) The council shall be governed by the code of ethics for
  137  public officers and employees as set forth in part III of
  138  chapter 112 and each member must file a statement of financial
  139  interests pursuant to s. 112.3145.
  140         Section 3. Section 282.0041, Florida Statutes, is amended
  141  to read:
  142         282.0041 Definitions.—As used in this chapter, the term:
  143         (1) “Agency” has the same meaning as in s. 216.011(1)(qq),
  144  except that for purposes of this chapter, “agency” does not
  145  include university boards of trustees or state universities.
  146         (2) “Agency for Enterprise Information Technology” means
  147  the agency created in s. 14.204.
  148         (3) “Agency information technology service” means a service
  149  that directly helps an agency fulfill its statutory or
  150  constitutional responsibilities and policy objectives and is
  151  usually associated with the agency’s primary or core business
  152  functions.
  153         (4) “Annual budget meeting” means a meeting of the board of
  154  trustees of a primary data center to review data center usage to
  155  determine the apportionment of board members for the following
  156  fiscal year, review rates for each service provided, and
  157  determine any other required changes.
  158         (1)(5) “Breach” has the same meaning as in s. 817.5681(4).
  159         (2)(6) “Business continuity plan” means a collection of
  160  procedures and information used to maintain an agency’s critical
  161  operations during a period of displacement or interruption of
  162  normal operations plan for disaster recovery which provides for
  163  the continued functioning of a primary data center during and
  164  after a disaster.
  165         (3)(7) “Computing facility” means agency space containing
  166  fewer than a total of 10 physical or logical servers, any of
  167  which supports a strategic or nonstrategic information
  168  technology service, as described in budget instructions
  169  developed pursuant to s. 216.023, but excluding single, logical
  170  server installations that exclusively perform a utility function
  171  such as file and print servers.
  172         (4)(8) “Customer entity” means an entity that obtains
  173  services from a state primary data center.
  174         (5)(9) “Data center” means agency space containing 10 or
  175  more physical or logical servers any of which supports a
  176  strategic or nonstrategic information technology service, as
  177  described in budget instructions developed pursuant to s.
  178  216.023.
  179         (6)(10) “Department” means the Department of Management
  180  Services.
  181         (7) “Disaster recovery” means the processes, policies,
  182  procedures, and infrastructure that relate to preparing for and
  183  implementing recovery or continuation of an organization’s vital
  184  technology infrastructure after a natural or human–induced
  185  disaster.
  186         (8)(11) “Enterprise information technology service” means
  187  an information technology service that is used in all agencies
  188  or a subset of agencies and is established in law to be
  189  designed, delivered, and managed at the enterprise level.
  190         (12) “E-mail, messaging, and calendaring service” means the
  191  enterprise information technology service that enables users to
  192  send, receive, file, store, manage, and retrieve electronic
  193  messages, attachments, appointments, and addresses. The e-mail,
  194  messaging, and calendaring service must include e-mail account
  195  management; help desk; technical support and user provisioning
  196  services; disaster recovery and backup and restore capabilities;
  197  antispam and antivirus capabilities; archiving and e-discovery;
  198  and remote access and mobile messaging capabilities.
  199         (9) “Event” means an observable occurrence in a system or
  200  network.
  201         (10) “Incident” means a violation or imminent threat of
  202  violation of computer security policies, acceptable use
  203  policies, or standard security practices. An imminent threat of
  204  violation exists when a state agency has a factual basis for
  205  believing that a specific incident is about to occur.
  206         (13) “Information-system utility” means a full-service
  207  information-processing facility offering hardware, software,
  208  operations, integration, networking, and consulting services.
  209         (11)(14) “Information technology” means equipment,
  210  hardware, software, firmware, programs, systems, networks,
  211  infrastructure, media, and related material used to
  212  automatically, electronically, and wirelessly collect, receive,
  213  access, transmit, display, store, record, retrieve, analyze,
  214  evaluate, process, classify, manipulate, manage, assimilate,
  215  control, communicate, exchange, convert, converge, interface,
  216  switch, or disseminate information of any kind or form.
  217         (12)(15) “Information technology policy” means a specific
  218  course or method of action selected from among alternatives that
  219  guide and determine present and future decisions statements that
  220  describe clear choices for how information technology will
  221  deliver effective and efficient government services to residents
  222  and improve state agency operations. A policy may relate to
  223  investments, business applications, architecture, or
  224  infrastructure. A policy describes its rationale, implications
  225  of compliance or noncompliance, the timeline for implementation,
  226  metrics for determining compliance, and the accountable
  227  structure responsible for its implementation.
  228         (13) “Information technology resources” has the same
  229  meaning as in s. 119.011.
  230         (14) “Information technology security” means the protection
  231  afforded to an automated information system in order to attain
  232  the applicable objectives of preserving the integrity,
  233  availability, and confidentiality of data, information, and
  234  information technology resources.
  235         (15)(16) “Performance metrics” means the measures of an
  236  organization’s activities and performance.
  237         (16)(17) “Primary data center” means a data center that is
  238  a recipient entity for consolidation of state agency nonprimary
  239  data centers and computing facilities and that is established by
  240  law.
  241         (17)(18) “Project” means an endeavor that has a defined
  242  start and end point; is undertaken to create or modify a unique
  243  product, service, or result; and has specific objectives that,
  244  when attained, signify completion.
  245         (18) “Project oversight” means an independent review and
  246  analysis of an information technology project in order to
  247  provide information on the project’s scope, completion
  248  timeframes, and budget and should identify and quantify any
  249  issues or risks affecting the successful and timely completion
  250  of the project.
  251         (19) “Risk assessment analysis” means the process of
  252  identifying security risks, determining their magnitude, and
  253  identifying areas needing safeguards.
  254         (20) “Service level” means the key performance indicators
  255  (KPI) of an organization or service which must be regularly
  256  performed, monitored, and achieved.
  257         (21) “Service-level agreement” means a written contract
  258  between a data center and a customer entity which specifies the
  259  scope of services provided, service level, the duration of the
  260  agreement, the responsible parties, and service costs. A
  261  service-level agreement is not a rule pursuant to chapter 120.
  262         (22) “Stakeholder” means an individual, group,
  263  organization, or state agency involved in or affected by a
  264  course of action.
  265         (23)(22) “Standards” means required practices, controls,
  266  components, or configurations established by an authority.
  267         (24) “State Agency” means any official, officer,
  268  commission, board, authority, council, committee, or department
  269  of the executive branch of state government, and the Justice
  270  Administration Commission and the Public Service Commission. For
  271  the purpose of this chapter, “agency” does not include
  272  university boards of trustees or state universities.
  273         (25) “State data center” means an enterprise information
  274  technology service provider that is the recipient entity for the
  275  consolidation of state agency data centers and computing
  276  facilities and that establishes, implements, operates, monitors,
  277  reviews, and maintains data center services that are hosted on
  278  premises or externally through a third-party provider as an
  279  enterprise information technology service which improve
  280  information technology services designated by the Agency for
  281  State Technology in compliance with the operating guidelines and
  282  procedures set forth by the agency pursuant to s. 282.0051(11).
  283         (26)(23) “SUNCOM Network” means the state enterprise
  284  telecommunications system that provides all methods of
  285  electronic or optical telecommunications beyond a single
  286  building or contiguous building complex and used by entities
  287  authorized as network users under this part.
  288         (27)(24) “Telecommunications” means the science and
  289  technology of communication at a distance, including electronic
  290  systems used in the transmission or reception of information.
  291         (28)(25) “Threat” means any circumstance or event that has
  292  the potential to adversely affect a state agency’s operation or
  293  assets through an information system by means of unauthorized
  294  access, destruction, disclosure, modification of information, or
  295  denial of service may cause harm to the integrity, availability,
  296  or confidentiality of information technology resources.
  297         (29) “Variance” means a calculated value that illustrates a
  298  positive or negative deviation from a projection measured
  299  against documented estimations within a project plan.
  300         (26) “Total cost” means all costs associated with
  301  information technology projects or initiatives, including, but
  302  not limited to, value of hardware, software, service,
  303  maintenance, incremental personnel, and facilities. Total cost
  304  of a loan or gift of information technology resources to an
  305  agency includes the fair market value of the resources.
  306         (27) “Usage” means the billing amount charged by the
  307  primary data center, less any pass-through charges, to the
  308  customer entity.
  309         (28) “Usage rate” means a customer entity’s usage or
  310  billing amount as a percentage of total usage.
  311         Section 4. Section 282.0051, Florida Statutes, is created
  312  to read:
  313         282.0051 Agency for State Technology; powers, duties, and
  314  functions.—
  315         (1) The Agency for State Technology has the following
  316  powers, duties, and functions:
  317         (a) Developing and publishing information technology policy
  318  for the management of the state’s information technology
  319  resources.
  320         (b) Establishing and publishing information technology
  321  architecture standards to achieve the most efficient use of the
  322  state’s information technology resources and to ensure
  323  compatibility and alignment with the needs of state agencies.
  324  The agency shall assist state agencies in complying with such
  325  standards.
  326         (c) By June 30, 2015, establishing project management and
  327  project oversight standards that state agencies must comply with
  328  while implementing information technology projects. The Agency
  329  for State Technology shall provide training opportunities to
  330  state agencies to assist in the adoption of the project
  331  management and oversight standards. To support data-driven
  332  decisionmaking, such standards must include, but are not limited
  333  to:
  334         1. Performance measurements and metrics that objectively
  335  reflect the status of an information technology project based on
  336  the defined and documented project scope, cost, and schedule.
  337         2. Methodologies for calculating acceptable variance ranges
  338  in the projected versus actual scope, schedule, or cost of an
  339  information technology project.
  340         3. Reporting requirements that provide project visibility
  341  to all identified stakeholders, including instances in which an
  342  information technology project exceeds the acceptable variance
  343  ranges as defined and documented in the project plan.
  344         4. The content, format, and frequency of project updates.
  345         (d) Beginning January 1, 2015, performing project oversight
  346  on all information technology projects that have total project
  347  costs of $10 million or more and that are funded in the General
  348  Appropriations Act or under state law. The agency shall report
  349  at least quarterly to the Executive Office of the Governor, the
  350  President of the Senate, and the Speaker of the House of
  351  Representatives on any information technology project the agency
  352  identifies as being a high-risk project that may exceed the
  353  acceptable variance ranges as defined and documented in the
  354  project plan. The report must include an assessment of the risk
  355  levels, including fiscal risks, associated with proceeding to
  356  the next stage of the project and a recommendation for requiring
  357  corrective action, which includes suspending or terminating the
  358  project.
  359         (e) By October 15, 2015, and biennially thereafter,
  360  identifying opportunities for standardizing and consolidating
  361  information technology services that support business functions
  362  and operations, including administrative functions such as
  363  purchasing, accounting and reporting, cash management, and
  364  personnel, which are common across state agencies, and providing
  365  recommendations for such standardization and consolidation to
  366  the Executive Office of the Governor, the President of the
  367  Senate, and the Speaker of the House of Representatives.
  368         (f) The department shall incorporate standards established
  369  by the agency which are designed to reduce costs, increase
  370  productivity, or improve services into the requirements for
  371  procuring information technology products and services. The
  372  agency shall review all information technology purchases made by
  373  state agencies which have a total cost of $250,000 or more,
  374  unless a purchase is specifically mandated by the Legislature,
  375  for compliance with the standards established pursuant to this
  376  section.
  377         (g) The agency shall participate as an evaluator or
  378  negotiator and collaborate with the department in conducting
  379  procurements for information technology products and services
  380  that will be used by multiple state agencies, and collaborate
  381  with the department in information technology resource
  382  acquisition planning.
  383         (h) Encouraging state agencies, when considering technology
  384  infrastructure priorities, to actively seek out and identify
  385  opportunities that potentially fit into the public-private
  386  partnership model, and develop sustainable partnerships between
  387  private entities and units of government in order to accelerate
  388  project delivery and provide a source of new or increased
  389  funding for other infrastructure needs.
  390         (i) Establishing standards for information technology
  391  reports and updates for use by state agencies which include, but
  392  are not limited to, operational work plans, project spending
  393  plans, and project status reports.
  394         (j) Upon request, assisting state agencies in the
  395  development of their information technology-related legislative
  396  budget requests.
  397         (k) Conducting annual assessments of state agencies to
  398  determine their compliance with information technology standards
  399  and guidelines developed and published by the Agency for State
  400  Technology and provide results of the assessments to the
  401  Executive Office of the Governor, the President of the Senate,
  402  and the Speaker of the House of Representatives.
  403         (l) Providing operational management and oversight of the
  404  state data center established pursuant to s. 282.201, which
  405  includes:
  406         1. Implementing industry standards and best practices for
  407  the state data center’s facilities, operations, maintenance,
  408  planning, and management processes.
  409         2. Developing and implementing cost-recovery mechanisms
  410  that recover the full cost of services, including direct and
  411  indirect costs, through charges to applicable customer entities.
  412  Such mechanisms must comply with applicable state and federal
  413  requirements relating to the distribution and use of such funds
  414  and must ensure that for any fiscal year a service or customer
  415  entity is not subsidizing another service or customer entity.
  416         3. Establishing operating guidelines and procedures
  417  necessary for the state data center to perform its duties
  418  pursuant to s. 282.201 which comply with applicable state and
  419  federal laws, rules, and policies and are in accordance with
  420  generally accepted governmental accounting and auditing
  421  standards. Such guidelines and procedures must include, but need
  422  not be limited to:
  423         a. Implementing a consolidated administrative support
  424  structure that is responsible for the provision of financial
  425  management, procurement, transactions involving real or personal
  426  property, human resources, and operational support.
  427         b. Implementing an annual reconciliation process to ensure
  428  that each customer entity is paying for the full direct and
  429  indirect cost of each service as determined by the customer
  430  entity’s use of each service.
  431         c. Providing rebates, which may be credited against future
  432  billings, to customer entities when revenues exceed costs.
  433         d. Requiring a customer entity to validate that sufficient
  434  funds are in or will be transferred into the appropriate data
  435  processing appropriation category before implementing a customer
  436  entity’s request for a change in the type or level of service if
  437  such change results in a net increase to the customer entity’s
  438  costs for that fiscal year.
  439         e. Providing to each customer entity’s agency head by
  440  September 1 of each year the projected costs to provide data
  441  center services for the following fiscal year.
  442         f. Providing a plan for consideration by the Legislative
  443  Budget Commission if the cost of a service is increased for a
  444  reason other than a customer entity’s request pursuant to
  445  subparagraph 4. which results in a net increase to the customer
  446  entity for that fiscal year.
  447         g. Standardizing and consolidating procurement and
  448  contracting practices.
  449         4. In collaboration with the Department of Law Enforcement,
  450  developing and implementing a process for detecting, reporting,
  451  and responding to information technology security incidents,
  452  breaches, or threats.
  453         5. Adopting rules relating to the operation of the state
  454  data center, which include, but are not limited to, its
  455  budgeting and accounting procedures, cost-recovery
  456  methodologies, and operating procedures.
  457         6. Consolidating contract practices and coordinating
  458  software, hardware, or other technology-related procurements.
  459         7. Annually conducting a market analysis to determine if
  460  the state’s approach to the provision of data center services is
  461  the most effective and efficient manner by which its customer
  462  entities can acquire such services based on federal, state, and
  463  local government trends, best practices in service provision,
  464  and the acquisition of new and emerging technologies. The
  465  results of the market analysis should assist the state data
  466  center in making any necessary adjustments to its data center
  467  service offerings.
  468         (m) Recommending other information technology services that
  469  should be designed, delivered, and managed as enterprise
  470  information technology services. Such recommendations should
  471  include the identification of any existing information
  472  technology resources associated with such services which would
  473  need to be transferred as a result of such services being
  474  delivered and managed as enterprise information technology
  475  services.
  476         (n) Recommending any further agency computing facility or
  477  data center consolidations into the state data center
  478  established pursuant to s. 282.201. Such recommendations should
  479  include the proposed timeline for the consolidation.
  480         (o) In consultation with state agencies, proposing
  481  methodology and approaches for identifying and collecting both
  482  current and planned information technology expenditure data at
  483  the state agency level.
  484         (p) If adherence to the standards or policies adopted or to
  485  the requirements established pursuant to this section conflicts
  486  with federal regulations or requirements imposed on the state
  487  agency and results in adverse action against the state agency or
  488  federal funding, the agency shall work with the state agency to
  489  provide alternative standards, policies, or requirements that do
  490  not conflict with the federal regulations or requirements. Such
  491  alternatives shall be reported annually, starting July 1, 2015,
  492  to the Governor, the President of the Senate, and the Speaker of
  493  the House of Representatives.
  494         (q) Adopting rules to administer this section.
  495         (2) Except as provided in subsection (3), the Department of
  496  Financial Services, the Department of Legal Affairs, and the
  497  Department of Agriculture and Consumer Services are not subject
  498  to the powers, duties, and functions of the Agency for State
  499  Technology established under this section. Each of those
  500  departments shall adopt the standards established in paragraphs
  501  (1)(b), (1)(c), and (1)(i) or adopt alternative standards based
  502  on best practices or industry standards and may contract
  503  separately with the Agency for State Technology to provide and
  504  perform any of the services and functions for those departments.
  505         (3)(a) An information technology project administered or
  506  implemented by the Department of Financial Services, the
  507  Department of Legal Affairs, or the Department of Agriculture
  508  and Consumer Services is subject to project oversight as
  509  established in paragraph (1)(d), architecture standards as
  510  established in paragraph (1)(b), project management standards as
  511  established in paragraph (1)(c), and reporting standards as
  512  established in paragraph (1)(i) by the Agency for State
  513  Technology if the project is expected to have a total project
  514  cost of $25 million or more and if the project directly affects
  515  another state agency or another information technology project
  516  that is subject to the powers, duties, and functions of the
  517  Agency for State Technology.
  518         (b) If an information technology project administered by a
  519  state agency subject to the powers, duties, and functions of the
  520  Agency for State Technology must be connected to or otherwise
  521  accommodated by an information technology system administered by
  522  the Department of Financial Services, the Department of Legal
  523  Affairs or the Department of Agriculture and Consumer Services,
  524  the Agency for State Technology shall consult with those
  525  departments regarding the risks and other effects of such
  526  projects on those departments’ information technology systems
  527  and shall work cooperatively with those departments regarding
  528  the connections, interfaces, timing, or accommodation required
  529  to implement such projects.
  530         Section 5. Section 282.0055, Florida Statutes, is repealed.
  531         Section 6. Section 282.0056, Florida Statutes, is repealed.
  532         Section 7. Section 282.201, Florida Statutes, is amended to
  533  read:
  534         282.201 State data center system; agency duties and
  535  limitations.—The A state data center system that includes all
  536  primary data centers, other nonprimary data centers, and
  537  computing facilities, and that provides an enterprise
  538  information technology service as defined in s. 282.0041, is
  539  established as a primary data center within the Agency for State
  540  Technology and includes the facilities formerly known as the
  541  Northwood Shared Resource Center and the Southwood Shared
  542  Resource Center.
  543         (1) INTENT.—The Legislature finds that the most efficient
  544  and effective means of providing quality utility data processing
  545  services to state agencies requires that computing resources be
  546  concentrated in quality facilities that provide the proper
  547  security, disaster recovery, infrastructure, and staff resources
  548  to ensure that the state’s data is maintained reliably and
  549  safely, and is recoverable in the event of a disaster.
  550  Efficiencies resulting from such consolidation include the
  551  increased ability to leverage technological expertise and
  552  hardware and software capabilities; increased savings through
  553  consolidated purchasing decisions; and the enhanced ability to
  554  deploy technology improvements and implement new policies
  555  consistently throughout the consolidated organization. Unless
  556  otherwise exempt by law, it is the intent of the Legislature
  557  that all agency data centers and computing facilities be
  558  consolidated into the state a primary data center by 2019.
  559         (2) STATE DATA CENTER DUTIES.—The state data center shall:
  560         (a) Offer, develop, and support the services and
  561  applications as provided in the service-level agreements
  562  executed with its customer entities.
  563         (b) Maintain the performance of the state data center,
  564  which includes ensuring proper data backup, data backup
  565  recovery, a disaster recovery plan, appropriate security, power,
  566  cooling, fire suppression, and capacity.
  567         (c) Develop a business continuity plan and a disaster
  568  recovery plan, and conduct a live exercise of these plans at
  569  least annually.
  570         (d) Enter into a service level agreement with each customer
  571  entity to provide the required type and level of service or
  572  services. If a customer entity fails to execute an agreement
  573  within 60 days after the commencement of a service, the state
  574  data center may cease service. A service level agreement may not
  575  have a term exceeding 3 years and at a minimum must:
  576         1.Identify the parties and their roles, duties, and
  577  responsibilities under the agreement.
  578         2.State the duration of the contractual term and specify
  579  the conditions for renewal.
  580         3. Identify the scope of work.
  581         4. Identify the products or services to be delivered with
  582  sufficient specificity to permit an external financial or
  583  performance audit.
  584         5. Establish the services to be provided, the business
  585  standards that must be met for each service, the cost of each
  586  service, and the metrics and processes by which the business
  587  standards for each service are to be objectively measured and
  588  reported.
  589         6. Provide a timely billing methodology for recovering the
  590  cost of services provided to the customer entity pursuant to s.
  591  215.422.
  592         7. Provide a procedure for modifying the service level
  593  agreement based on changes in the type, level, and cost of a
  594  service.
  595         8. Include a right-to-audit clause to ensure that the
  596  parties to the agreement have access to records for audit
  597  purposes during the term of the service level agreement.
  598         9. Provide that a service level agreement may be terminated
  599  by either party for cause only after giving the other party and
  600  the Agency for State Technology notice in writing of the cause
  601  for termination and an opportunity for the other party to
  602  resolve the identified cause within a reasonable period.
  603         10. Provide for the mediation of disputes by the Division
  604  of Administrative Hearings pursuant to s. 120.573.
  605         (e)Be the custodian of resources and equipment that are
  606  located, operated, supported, and managed by the state data
  607  center for the purposes of chapter 273.
  608         (f)Assume administrative access rights to the resources
  609  and equipment, such as servers, network components, and other
  610  devices that are consolidated into the state data center.
  611         1. On the date of each consolidation specified in this
  612  section, the General Appropriations Act, or the Laws of Florida,
  613  each state agency shall relinquish all administrative rights to
  614  such resources and equipment. State agencies required to comply
  615  with federal security regulations and policies shall retain
  616  administrative access rights sufficient to comply with the
  617  management control provisions of those regulations and policies;
  618  however, the state data center shall have the appropriate type
  619  or level of rights to allow the center to comply with its duties
  620  pursuant to this section. The Department of Law Enforcement
  621  shall serve as the arbiter of any disputes which may arise
  622  regarding the appropriate type and level of administrative
  623  access rights relating to the provision of management control in
  624  accordance with federal criminal justice information guidelines.
  625         2.The state data center shall provide its customer
  626  entities with access to applications, servers, network
  627  components, and other devices necessary for state agencies to
  628  perform business activities and functions, and as defined and
  629  documented in the service level agreement.
  630         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  631  The Agency for Enterprise Information Technology shall:
  632         (a) Collect and maintain information necessary for
  633  developing policies relating to the data center system,
  634  including, but not limited to, an inventory of facilities.
  635         (b) Annually approve cost-recovery mechanisms and rate
  636  structures for primary data centers which recover costs through
  637  charges to customer entities.
  638         (c) By September 30 of each year, submit to the
  639  Legislature, the Executive Office of the Governor, and the
  640  primary data centers recommendations to improve the efficiency
  641  and cost-effectiveness of computing services provided by state
  642  data center system facilities. Such recommendations must
  643  include, but need not be limited to:
  644         1. Policies for improving the cost-effectiveness and
  645  efficiency of the state data center system, which includes the
  646  primary data centers being transferred to a shared, virtualized
  647  server environment, and the associated cost savings resulting
  648  from the implementation of such policies.
  649         2. Infrastructure improvements supporting the consolidation
  650  of facilities or preempting the need to create additional data
  651  centers or computing facilities.
  652         3. Uniform disaster recovery standards.
  653         4. Standards for primary data centers which provide cost
  654  effective services and transparent financial data to user
  655  agencies.
  656         5. Consolidation of contract practices or coordination of
  657  software, hardware, or other technology-related procurements and
  658  the associated cost savings.
  659         6. Improvements to data center governance structures.
  660         (d) By October 1 of each year, provide recommendations to
  661  the Governor and Legislature relating to changes to the schedule
  662  for the consolidations of state agency data centers as provided
  663  in subsection (4).
  664         1. The recommendations must be based on the goal of
  665  maximizing current and future cost savings by:
  666         a. Consolidating purchase decisions.
  667         b. Leveraging expertise and other resources to gain
  668  economies of scale.
  669         c. Implementing state information technology policies more
  670  effectively.
  671         d. Maintaining or improving the level of service provision
  672  to customer entities.
  673         2. The agency shall establish workgroups as necessary to
  674  ensure participation by affected agencies in the development of
  675  recommendations related to consolidations.
  676         (e) Develop and establish rules relating to the operation
  677  of the state data center system which comply with applicable
  678  federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.
  679  The rules must address:
  680         1. Ensuring that financial information is captured and
  681  reported consistently and accurately.
  682         2. Identifying standards for hardware, including standards
  683  for a shared, virtualized server environment, and operations
  684  system software and other operational software, including
  685  security and network infrastructure, for the primary data
  686  centers; requiring compliance with such standards in order to
  687  enable the efficient consolidation of the agency data centers or
  688  computing facilities; and providing an exemption process from
  689  compliance with such standards, which must be consistent with
  690  paragraph (5)(b).
  691         3. Requiring annual full cost recovery on an equitable
  692  rational basis. The cost-recovery methodology must ensure that
  693  no service is subsidizing another service and may include
  694  adjusting the subsequent year’s rates as a means to recover
  695  deficits or refund surpluses from a prior year.
  696         4. Requiring that any special assessment imposed to fund
  697  expansion is based on a methodology that apportions the
  698  assessment according to the proportional benefit to each
  699  customer entity.
  700         5. Requiring that rebates be given when revenues have
  701  exceeded costs, that rebates be applied to offset charges to
  702  those customer entities that have subsidized the costs of other
  703  customer entities, and that such rebates may be in the form of
  704  credits against future billings.
  705         6. Requiring that all service-level agreements have a
  706  contract term of up to 3 years, but may include an option to
  707  renew for up to 3 additional years contingent on approval by the
  708  board, and require at least a 180-day notice of termination.
  709         (3) STATE AGENCY DUTIES.—
  710         (a) For the purpose of completing the work activities
  711  described in subsections (1) and (2), Each state agency shall
  712  provide to the Agency for State Enterprise Information
  713  Technology all requested information relating to its data
  714  centers and computing facilities and any other information
  715  relevant to the effective agency’s ability to effectively
  716  transition of a state agency data center or computing facility
  717  its computer services into the state a primary data center. The
  718  agency shall also participate as required in workgroups relating
  719  to specific consolidation planning and implementation tasks as
  720  assigned by the Agency for Enterprise Information Technology and
  721  determined necessary to accomplish consolidation goals.
  722         (b) Each state agency customer of the state a primary data
  723  center shall notify the state data center, by May 31 and
  724  November 30 of each year, of any significant changes in
  725  anticipated use utilization of data center services pursuant to
  726  requirements established by the state boards of trustees of each
  727  primary data center.
  728         (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
  729         (a) Consolidations of agency data centers and computing
  730  facilities shall be made by the date and to the specified state
  731  primary data center facility as provided in this section and in
  732  accordance with budget adjustments contained in the General
  733  Appropriations Act.
  734         (b) By December 31, 2011, the following shall be
  735  consolidated into the Northwest Regional Data Center:
  736         1. The Department of Education’s Knott Data Center in the
  737  Turlington Building.
  738         2. The Department of Education’s Division of Vocational
  739  Rehabilitation.
  740         3. The Department of Education’s Division of Blind
  741  Services, except for the division’s disaster recovery site in
  742  Daytona Beach.
  743         4. The FCAT Explorer.
  744         (c) During the 2011-2012 fiscal year, the following shall
  745  be consolidated into the Southwood Shared Resource Center:
  746         1. By September 30, 2011, the Department of Corrections.
  747         2. By March 31, 2012, the Department of Transportation’s
  748  Burns Building.
  749         3. By March 31, 2012, the Department of Transportation’s
  750  Survey & Mapping Office.
  751         (d) By July 1, 2012, the Department of Highway Safety and
  752  Motor Vehicles’ Office of Commercial Vehicle Enforcement shall
  753  be consolidated into the Northwood Shared Resource Center.
  754         (e) By September 30, 2012, the Department of Revenue’s
  755  Carlton Building and Imaging Center locations shall be
  756  consolidated into the Northwest Regional Data Center.
  757         (f) During the 2012-2013 fiscal year, the following shall
  758  be consolidated into the Northwood Shared Resource Center:
  759         1. By July 1, 2012, the Agency for Health Care
  760  Administration.
  761         2. By August 31, 2012, the Department of Highway Safety and
  762  Motor Vehicles.
  763         3. By December 31, 2012, the Department of Environmental
  764  Protection’s Palmetto Commons.
  765         4. By December 31, 2012, the Department of Health’s Test
  766  and Development Lab and all remaining data center resources
  767  located at the Capital Circle Office Complex.
  768         (g) During the 2013-2014 fiscal year, the following shall
  769  be consolidated into the Southwood Shared Resource Center:
  770         1. By October 31, 2013, the Department of Economic
  771  Opportunity.
  772         2. By December 31, 2013, the Executive Office of the
  773  Governor, to include the Division of Emergency Management except
  774  for the Emergency Operation Center’s management system in
  775  Tallahassee and the Camp Blanding Emergency Operations Center in
  776  Starke.
  777         3. By March 31, 2014, the Department of Elderly Affairs.
  778         (h) By October 30, 2013, the Fish and Wildlife Conservation
  779  Commission, except for the commission’s Fish and Wildlife
  780  Research Institute in St. Petersburg, shall be consolidated into
  781  the Northwood Shared Resource Center.
  782         (i) During the 2014-2015 fiscal year, the following
  783  agencies shall work with the Agency for Enterprise Information
  784  Technology to begin preliminary planning for consolidation into
  785  a primary data center:
  786         1. The Department of Health’s Jacksonville Lab Data Center.
  787         2. The Department of Transportation’s district offices,
  788  toll offices, and the District Materials Office.
  789         3. The Department of Military Affairs’ Camp Blanding Joint
  790  Training Center in Starke.
  791         4. The Camp Blanding Emergency Operations Center in Starke.
  792         5. The Department of Education’s Division of Blind Services
  793  disaster recovery site in Daytona Beach.
  794         6. The Department of Education’s disaster recovery site at
  795  Santa Fe College.
  796         7. The Fish and Wildlife Conservation Commission’s Fish and
  797  Wildlife Research Institute in St. Petersburg.
  798         8. The Department of Children and Family Services’ Suncoast
  799  Data Center in Tampa.
  800         9. The Department of Children and Family Services’ Florida
  801  State Hospital in Chattahoochee.
  802         (j) During the 2015-2016 fiscal year, all computing
  803  resources remaining within an agency data center or computing
  804  facility, to include the Department of Financial Services’
  805  Hartman, Larson, and Fletcher Buildings data centers, shall be
  806  transferred to a primary data center for consolidation unless
  807  otherwise required to remain in the agency for specified
  808  financial, technical, or business reasons that must be justified
  809  in writing and approved by the Agency for Enterprise Information
  810  Technology. Such data centers, computing facilities, and
  811  resources must be identified by the Agency for Enterprise
  812  Information Technology by October 1, 2014.
  813         (b)(k)The Department of Financial Services, the Department
  814  of Legal Affairs, the Department of Agriculture and Consumer
  815  Services, the Department of Law Enforcement, the Department of
  816  the Lottery’s Gaming System, Systems Design and Development in
  817  the Office of Policy and Budget, the regional traffic management
  818  centers and the Office of Toll Operations of the Department of
  819  Transportation, and the State Board of Administration, state
  820  attorneys, public defenders, criminal conflict and civil
  821  regional counsel, capital collateral regional counsel, the
  822  Florida Clerks of Court Operations Corporation, and the Florida
  823  Housing Finance Corporation are exempt from data center
  824  consolidation under this section.
  825         (c)(l)A state Any agency that is consolidating its agency
  826  data center or computing facility centers into the state a
  827  primary data center must execute a new or update an existing
  828  service-level agreement within 60 days after the commencement of
  829  service specified consolidation date, as required by s.
  830  282.201(2) s. 282.203, in order to specify the services and
  831  levels of service it is to receive from the state primary data
  832  center as a result of the consolidation. If the state an agency
  833  and the state primary data center are unable to execute a
  834  service-level agreement by that date, the agency and the primary
  835  data center shall submit a report to the Executive Office of the
  836  Governor and to the chairs of the legislative appropriations
  837  committees within 5 working days after that date which explains
  838  the specific issues preventing execution and describing the plan
  839  and schedule for resolving those issues.
  840         (m) Beginning September 1, 2011, and every 6 months
  841  thereafter until data center consolidations are complete, the
  842  Agency for Enterprise Information Technology shall provide a
  843  status report on the implementation of the consolidations that
  844  must be completed during the fiscal year. The report shall be
  845  submitted to the Executive Office of the Governor and the chairs
  846  of the legislative appropriations committees. The report must,
  847  at a minimum, describe:
  848         1. Whether the consolidation is on schedule, including
  849  progress on achieving the milestones necessary for successful
  850  and timely consolidation of scheduled agency data centers and
  851  computing facilities.
  852         2. The risks that may affect the progress or outcome of the
  853  consolidation and how these risks are being addressed,
  854  mitigated, or managed.
  855         (d)(n) Each state agency scheduled identified in this
  856  subsection for consolidation into the state a primary data
  857  center shall submit a transition plan to the Agency for State
  858  Technology appropriate primary data center by July 1 of the
  859  fiscal year before the fiscal year in which the scheduled
  860  consolidation will occur. Transition plans shall be developed in
  861  consultation with the state appropriate primary data center
  862  centers and the Agency for Enterprise Information Technology,
  863  and must include:
  864         1. An inventory of the state agency data center’s resources
  865  being consolidated, including all hardware and its associated
  866  life cycle replacement schedule, software, staff, contracted
  867  services, and facility resources performing data center
  868  management and operations, security, backup and recovery,
  869  disaster recovery, system administration, database
  870  administration, system programming, job control, production
  871  control, print, storage, technical support, help desk, and
  872  managed services, but excluding application development, and the
  873  state agency’s costs supporting these resources.
  874         2. A list of contracts in effect, including, but not
  875  limited to, contracts for hardware, software, and maintenance,
  876  which identifies the expiration date, the contract parties, and
  877  the cost of each contract.
  878         3. A detailed description of the level of services needed
  879  to meet the technical and operational requirements of the
  880  platforms being consolidated.
  881         4. A description of resources for computing services
  882  proposed to remain in the department.
  883         4.5. A timetable with significant milestones for the
  884  completion of the consolidation.
  885         (o) Each primary data center shall develop a transition
  886  plan for absorbing the transfer of agency data center resources
  887  based upon the timetables for transition as provided in this
  888  subsection. The plan shall be submitted to the Agency for
  889  Enterprise Information Technology, the Executive Office of the
  890  Governor, and the chairs of the legislative appropriations
  891  committees by September 1 of the fiscal year before the fiscal
  892  year in which the scheduled consolidations will occur. Each plan
  893  must include:
  894         1. The projected cost to provide data center services for
  895  each agency scheduled for consolidation.
  896         2. A staffing plan that identifies the projected staffing
  897  needs and requirements based on the estimated workload
  898  identified in the agency transition plan.
  899         3. The fiscal year adjustments to budget categories in
  900  order to absorb the transfer of agency data center resources
  901  pursuant to the legislative budget request instructions provided
  902  in s. 216.023.
  903         4. An analysis of the cost effects resulting from the
  904  planned consolidations on existing agency customers.
  905         5. A description of any issues that must be resolved in
  906  order to accomplish as efficiently and effectively as possible
  907  all consolidations required during the fiscal year.
  908         (e)(p) Each state agency scheduled identified in this
  909  subsection for consolidation into the state a primary data
  910  center shall submit with its respective legislative budget
  911  request the specific recurring and nonrecurring budget
  912  adjustments of resources by appropriation category into the
  913  appropriate data processing category pursuant to the legislative
  914  budget request instructions in s. 216.023.
  915         (5) AGENCY LIMITATIONS.—
  916         (a) Unless exempt from state data center consolidation
  917  pursuant to this section, authorized by the Legislature, or as
  918  provided in paragraph paragraphs (b) and (c), a state agency may
  919  not:
  920         1. Create a new computing facility or data center, or
  921  expand the capability to support additional computer equipment
  922  in an existing state agency computing facility or nonprimary
  923  data center;
  924         2. Spend funds before the state agency’s scheduled
  925  consolidation into the state a primary data center to purchase
  926  or modify hardware or operations software that does not comply
  927  with hardware and software standards established by the Agency
  928  for State Enterprise Information Technology pursuant to
  929  paragraph (2)(e) for the efficient consolidation of the agency
  930  data centers or computing facilities;
  931         3. Transfer existing computer services to any data center
  932  other than the state a primary data center;
  933         4. Terminate services with the state a primary data center
  934  or transfer services between primary data centers without giving
  935  written notice of intent to terminate or transfer services 180
  936  days before such termination or transfer; or
  937         5. Initiate a new computer service except with the state a
  938  primary data center.
  939         (b) Exceptions to the limitations in subparagraphs (a)1.,
  940  2., 3., and 5. may be granted by the Agency for State Enterprise
  941  Information Technology if there is insufficient capacity in the
  942  state a primary data center to absorb the workload associated
  943  with agency computing services, if expenditures are compatible
  944  with the scheduled consolidation and the standards established
  945  pursuant to s. 282.0051 paragraph (2)(e), or if the equipment or
  946  resources are needed to meet a critical agency business need
  947  that cannot be satisfied by from surplus equipment or resources
  948  of the state primary data center until the agency data center is
  949  consolidated. The Agency for State Technology shall develop and
  950  publish the guidelines and required documentation that a state
  951  agency must comply with when requesting an exception. The
  952  agency’s decision regarding the exception request is not subject
  953  to chapter 120.
  954         1. A request for an exception must be submitted in writing
  955  to the Agency for Enterprise Information Technology. The agency
  956  must accept, accept with conditions, or deny the request within
  957  60 days after receipt of the written request. The agency’s
  958  decision is not subject to chapter 120.
  959         2. At a minimum, the agency may not approve a request
  960  unless it includes:
  961         a. Documentation approved by the primary data center’s
  962  board of trustees which confirms that the center cannot meet the
  963  capacity requirements of the agency requesting the exception
  964  within the current fiscal year.
  965         b. A description of the capacity requirements of the agency
  966  requesting the exception.
  967         c. Documentation from the agency demonstrating why it is
  968  critical to the agency’s mission that the expansion or transfer
  969  must be completed within the fiscal year rather than when
  970  capacity is established at a primary data center.
  971         (c) Exceptions to subparagraph (a)4. may be granted by the
  972  board of trustees of the primary data center if the termination
  973  or transfer of services can be absorbed within the current cost
  974  allocation plan.
  975         (d) Upon the termination of or transfer of agency computing
  976  services from the primary data center, the primary data center
  977  shall require information sufficient to determine compliance
  978  with this section. If a primary data center determines that an
  979  agency is in violation of this section, it shall report the
  980  violation to the Agency for Enterprise Information Technology.
  981         (6) RULES.—The Agency for Enterprise Information Technology
  982  may adopt rules to administer this part relating to the state
  983  data center system including the primary data centers.
  984         Section 8. Section 282.203, Florida Statutes, is repealed.
  985         Section 9. Section 282.204, Florida Statutes, is repealed.
  986         Section 10. Section 282.205, Florida Statutes, is repealed.
  987         Section 11. Section 282.318, Florida Statutes, is amended
  988  to read:
  989         282.318 Enterprise security of data and information
  990  technology.—
  991         (1) This section may be cited as the “Enterprise Security
  992  of Data and Information Technology Act.”
  993         (2) Information technology security is established as an
  994  enterprise information technology service as defined in s.
  995  282.0041.
  996         (2)(3) The Agency for State Enterprise Information
  997  Technology is responsible for establishing standards,
  998  guidelines, and processes by rule which are consistent with
  999  generally accepted best practices for information technology
 1000  security, and adopting rules that safeguard an agency’s data,
 1001  information, and information technology resources to ensure its
 1002  availability, confidentiality, and integrity rules and
 1003  publishing guidelines for ensuring an appropriate level of
 1004  security for all data and information technology resources for
 1005  executive branch agencies. The agency shall also perform the
 1006  following duties and responsibilities:
 1007         (a) By June 30, 2015, develop, and annually update a
 1008  statewide by February 1, an enterprise information technology
 1009  security strategic plan that includes security goals and
 1010  objectives for the strategic issues of information technology
 1011  security policy, risk management, training, incident management,
 1012  and disaster recovery survivability planning.
 1013         (b) Develop and publish an information technology security
 1014  framework for use by state agencies which, at a minimum,
 1015  includes guidelines and processes enterprise security rules and
 1016  published guidelines for:
 1017         1. Developing and using a risk assessment methodology that
 1018  will apply to state agencies to identify the priorities,
 1019  constraints, risk tolerance, and assumptions.
 1020         2.1.Completing comprehensive risk assessments analyses and
 1021  information technology security audits. Such assessments and
 1022  audits shall be conducted by state agencies and reviewed by the
 1023  Agency for State Technology conducted by state agencies.
 1024         3.Identifying protection procedures to manage the
 1025  protection of a state agency’s information, data, and
 1026  information technology resources.
 1027         4. Detecting threats through proactive monitoring of
 1028  events, continuous security monitoring, and specified detection
 1029  processes.
 1030         5.2. Responding to suspected or confirmed information
 1031  technology security incidents, including suspected or confirmed
 1032  breaches of personal information containing confidential or
 1033  exempt data.
 1034         6.3.Developing state agency strategic and operational
 1035  information technology security plans required under this
 1036  section, including strategic security plans and security program
 1037  plans.
 1038         7.4.Recovering The recovery of information technology and
 1039  data in response to an information technology security incident
 1040  following a disaster. The recovery may include recommended
 1041  improvements to the processes, policies, or guidelines.
 1042         8.5.Establishing The managerial, operational, and
 1043  technical safeguards for protecting state government data and
 1044  information technology resources which align with state agency
 1045  risk management strategies for protecting the confidentiality,
 1046  integrity, and availability of information technology and data.
 1047         9. Establishing procedures for accessing information
 1048  technology resources and data in order to limit authorized
 1049  users, processes, or devices to authorized activities and
 1050  transactions to ensure the confidentiality, integrity, and
 1051  availability of such information and data.
 1052         10. Establishing asset management procedures to ensure that
 1053  information technology resources are identified and consistently
 1054  managed with their relative importance to business objectives.
 1055         (c) Assist state agencies in complying with the provisions
 1056  of this section.
 1057         (d) Pursue appropriate funding for the purpose of enhancing
 1058  domestic security.
 1059         (d)(e)In collaboration with the Cybercrime Office in the
 1060  Department of Law Enforcement, provide training for state agency
 1061  information security managers.
 1062         (e)(f) Annually review the strategic and operational
 1063  information technology security plans of state executive branch
 1064  agencies.
 1065         (3)(4)To assist the Agency for Enterprise Information
 1066  Technology in carrying out its responsibilities, Each state
 1067  agency head shall, at a minimum:
 1068         (a) Designate an information security manager who, for the
 1069  purposes of his or her information technology security duties,
 1070  shall report to the agency head and shall to administer the
 1071  information technology security program of the agency for its
 1072  data and information technology resources. This designation must
 1073  be provided annually in writing to the Agency for State
 1074  Enterprise Information Technology by January 1.
 1075         (b) Submit annually to the Agency for State Enterprise
 1076  Information Technology annually by July 31, the state agency’s
 1077  strategic and operational information technology security plans
 1078  developed pursuant to the rules and guidelines established by
 1079  the Agency for State Enterprise Information Technology.
 1080         1. The state agency strategic information technology
 1081  security plan must cover a 3-year period and, at a minimum,
 1082  define security goals, intermediate objectives, and projected
 1083  agency costs for the strategic issues of agency information
 1084  security policy, risk management, security training, security
 1085  incident response, and disaster recovery survivability. The plan
 1086  must be based on the statewide enterprise strategic information
 1087  security strategic plan created by the Agency for State
 1088  Enterprise Information Technology and include performance
 1089  metrics that can be objectively measured in order to gauge the
 1090  state agency’s progress in meeting the security goals and
 1091  objectives identified in the strategic information technology
 1092  security plan. Additional issues may be included.
 1093         2. The state agency operational information technology
 1094  security plan must include a progress report that objectively
 1095  measures progress made toward for the prior operational
 1096  information technology security plan and a project plan that
 1097  includes activities, timelines, and deliverables for security
 1098  objectives that, subject to current resources, the state agency
 1099  will implement during the current fiscal year. The cost of
 1100  implementing the portions of the plan which cannot be funded
 1101  from current resources must be identified in the plan.
 1102         (c) Conduct, and update every 3 years, a comprehensive risk
 1103  assessment analysis to determine the security threats to the
 1104  data, information, and information technology resources of the
 1105  state agency. The risk assessment must comply with the risk
 1106  assessment methodology developed by the Agency for State
 1107  Technology. The risk assessment analysis information is
 1108  confidential and exempt from the provisions of s. 119.07(1),
 1109  except that such information shall be available to the Auditor
 1110  General, and the Agency for State Enterprise Information
 1111  Technology, and the Cybercrime Office in the Department of Law
 1112  Enforcement for performing postauditing duties.
 1113         (d) Develop, and periodically update, written internal
 1114  policies and procedures, which include procedures for reporting
 1115  information technology security incidents and breaches to the
 1116  Cybercrime Office in the Department of Law Enforcement and
 1117  notifying the Agency for State Enterprise Information
 1118  Technology, and for those agencies under the jurisdiction of the
 1119  Governor, to the Chief Inspector General when a suspected or
 1120  confirmed breach, or an information security incident, occurs.
 1121  Such policies and procedures must be consistent with the rules,
 1122  and guidelines, and processes established by the Agency for
 1123  State Enterprise Information Technology to ensure the security
 1124  of the data, information, and information technology resources
 1125  of the state agency. The internal policies and procedures that,
 1126  if disclosed, could facilitate the unauthorized modification,
 1127  disclosure, or destruction of data or information technology
 1128  resources are confidential information and exempt from s.
 1129  119.07(1), except that such information shall be available to
 1130  the Auditor General, the Cybercrime Office in the Department of
 1131  Law Enforcement, and the Agency for State Enterprise Information
 1132  Technology, and for those agencies under the jurisdiction of the
 1133  Governor, to the Chief Inspector General for performing
 1134  postauditing duties.
 1135         (e) Implement the managerial, operational, and technical
 1136  appropriate cost-effective safeguards established by the Agency
 1137  for State Technology to address identified risks to the data,
 1138  information, and information technology resources of the agency.
 1139         (f) Ensure that periodic internal audits and evaluations of
 1140  the agency’s information technology security program for the
 1141  data, information, and information technology resources of the
 1142  agency are conducted. The results of such audits and evaluations
 1143  are confidential information and exempt from s. 119.07(1),
 1144  except that such information shall be available to the Auditor
 1145  General, the Cybercrime Office in the Department of Law
 1146  Enforcement, and the Agency for State Enterprise Information
 1147  Technology for performing postauditing duties.
 1148         (g) Include appropriate information technology security
 1149  requirements in the written specifications for the solicitation
 1150  of information technology and information technology resources
 1151  and services, which are consistent with the rules and guidelines
 1152  established by the Agency for State Enterprise Information
 1153  Technology in collaboration with the department.
 1154         (h) Require that state agency employees complete the
 1155  security awareness training offered by the Agency for State
 1156  Technology in collaboration with the Cybercrime Office in the
 1157  Department of Law Enforcement. Coordinate with state agencies to
 1158  provide agency-specific security training aligned with the
 1159  agency operational information technology security plan. Provide
 1160  security awareness training to employees and users of the
 1161  agency’s communication and information resources concerning
 1162  information security risks and the responsibility of employees
 1163  and users to comply with policies, standards, guidelines, and
 1164  operating procedures adopted by the agency to reduce those
 1165  risks.
 1166         (i) Develop processes a process for detecting, reporting,
 1167  and responding to information technology suspected or confirmed
 1168  security threats or breaches or information technology security
 1169  incidents which are, including suspected or confirmed breaches
 1170  consistent with the security rules, and guidelines, and
 1171  processes established by the Agency for State Enterprise
 1172  Information Technology.
 1173         1. All Suspected or confirmed information technology
 1174  security incidents and breaches must be immediately reported to
 1175  the Cybercrime Office in the Department of Law Enforcement and
 1176  the Agency for State Enterprise Information Technology.
 1177         2. For information technology security incidents involving
 1178  breaches, agencies shall provide notice in accordance with s.
 1179  817.5681 and to the Agency for Enterprise Information Technology
 1180  in accordance with this subsection.
 1181         (5) Each state agency shall include appropriate security
 1182  requirements in the specifications for the solicitation of
 1183  contracts for procuring information technology or information
 1184  technology resources or services which are consistent with the
 1185  rules and guidelines established by the Agency for Enterprise
 1186  Information Technology.
 1187         (4)(6) The Agency for State Enterprise Information
 1188  Technology may adopt rules relating to information technology
 1189  security and to administer the provisions of this section.
 1190         Section 12. Section 282.33, Florida Statutes, is repealed.
 1191         Section 13. Effective upon this act becoming a law, section
 1192  282.34, Florida Statutes, is repealed.
 1193         Section 14. Subsections (1) and (2) of section 17.0315,
 1194  Florida Statutes, are amended to read:
 1195         17.0315 Financial and cash management system; task force.—
 1196         (1) The Chief Financial Officer, as the constitutional
 1197  officer responsible for settling and approving accounts against
 1198  the state and keeping all state funds pursuant to s. 4, Art. IV
 1199  of the State Constitution, is shall be the head of and shall
 1200  appoint members to a task force established to develop a
 1201  strategic business plan for a successor financial and cash
 1202  management system. The task force shall include the executive
 1203  director of the Agency for State Enterprise Information
 1204  Technology and the director of the Office of Policy and Budget
 1205  in the Executive Office of the Governor. Any member of the task
 1206  force may appoint a designee.
 1207         (2) The strategic business plan for a successor financial
 1208  and cash management system must:
 1209         (a) Permit proper disbursement and auditing controls
 1210  consistent with the respective constitutional duties of the
 1211  Chief Financial Officer and the Legislature;
 1212         (b) Promote transparency in the accounting of public funds;
 1213         (c) Provide timely and accurate recording of financial
 1214  transactions by agencies and their professional staffs;
 1215         (d) Support executive reporting and data analysis
 1216  requirements;
 1217         (e) Be capable of interfacing with other systems providing
 1218  human resource services, procuring goods and services, and
 1219  providing other enterprise functions;
 1220         (f) Be capable of interfacing with the existing legislative
 1221  appropriations, planning, and budgeting systems;
 1222         (g) Be coordinated with the information technology strategy
 1223  development efforts of the Agency for State Enterprise
 1224  Information Technology;
 1225         (h) Be coordinated with the revenue estimating conference
 1226  process as supported by the Office of Economic and Demographic
 1227  Research; and
 1228         (i) Address other such issues as the Chief Financial
 1229  Officer identifies.
 1230         Section 15. Subsection (1) of section 20.055, Florida
 1231  Statutes, is reordered and amended to read:
 1232         20.055 Agency inspectors general.—
 1233         (1) As used in For the purposes of this section, the term:
 1234         (d)(a) “State agency” means each department created
 1235  pursuant to this chapter, and also includes the Executive Office
 1236  of the Governor, the Department of Military Affairs, the Fish
 1237  and Wildlife Conservation Commission, the Office of Insurance
 1238  Regulation of the Financial Services Commission, the Office of
 1239  Financial Regulation of the Financial Services Commission, the
 1240  Public Service Commission, the Board of Governors of the State
 1241  University System, the Florida Housing Finance Corporation, the
 1242  Agency for State Technology, and the state courts system.
 1243         (a)(b) “Agency head” means the Governor, a Cabinet officer,
 1244  a secretary as defined in s. 20.03(5), or an executive director
 1245  as those terms are defined in s. 20.03, 20.03(6). It also
 1246  includes the chair of the Public Service Commission, the
 1247  Director of the Office of Insurance Regulation of the Financial
 1248  Services Commission, the Director of the Office of Financial
 1249  Regulation of the Financial Services Commission, the board of
 1250  directors of the Florida Housing Finance Corporation, and the
 1251  Chief Justice of the State Supreme Court.
 1252         (c) “Individuals substantially affected” means natural
 1253  persons who have established a real and sufficiently immediate
 1254  injury in fact due to the findings, conclusions, or
 1255  recommendations of a final report of a state agency inspector
 1256  general, who are the subject of the audit or investigation, and
 1257  who do not have or are not currently afforded an existing right
 1258  to an independent review process. The term does not apply to
 1259  employees of the state, including career service, probationary,
 1260  other personal service, Selected Exempt Service, and Senior
 1261  Management Service employees;, are not covered by this
 1262  definition. This definition also does not cover former employees
 1263  of the state if the final report of the state agency inspector
 1264  general relates to matters arising during a former employee’s
 1265  term of state employment; or. This definition does not apply to
 1266  persons who are the subject of audits or investigations
 1267  conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or
 1268  which are otherwise confidential and exempt under s. 119.07.
 1269         (b)(d) “Entities contracting with the state” means for
 1270  profit and not-for-profit organizations or businesses that have
 1271  having a legal existence, such as corporations or partnerships,
 1272  as opposed to natural persons, which have entered into a
 1273  relationship with a state agency as defined in paragraph (a) to
 1274  provide for consideration certain goods or services to the state
 1275  agency or on behalf of the state agency. The relationship may be
 1276  evidenced by payment by warrant or purchasing card, contract,
 1277  purchase order, provider agreement, or other such mutually
 1278  agreed upon relationship. The term This definition does not
 1279  apply to entities that which are the subject of audits or
 1280  investigations conducted pursuant to ss. 112.3187-112.31895 or
 1281  s. 409.913 or which are otherwise confidential and exempt under
 1282  s. 119.07.
 1283         Section 16. Paragraph (e) of subsection (2) of section
 1284  110.205, Florida Statutes, is amended to read:
 1285         110.205 Career service; exemptions.—
 1286         (2) EXEMPT POSITIONS.—The exempt positions that are not
 1287  covered by this part include the following:
 1288         (e) The Chief Information Officer in the Agency for State
 1289  Enterprise Information Technology. Unless otherwise fixed by
 1290  law, the Agency for State Enterprise Information Technology
 1291  shall set the salary and benefits of this position in accordance
 1292  with the rules of the Senior Management Service.
 1293         Section 17. Subsections (2) and (9) of section 215.322,
 1294  Florida Statutes, are amended to read:
 1295         215.322 Acceptance of credit cards, charge cards, debit
 1296  cards, or electronic funds transfers by state agencies, units of
 1297  local government, and the judicial branch.—
 1298         (2) A state agency as defined in s. 216.011, or the
 1299  judicial branch, may accept credit cards, charge cards, debit
 1300  cards, or electronic funds transfers in payment for goods and
 1301  services with the prior approval of the Chief Financial Officer.
 1302  If the Internet or other related electronic methods are to be
 1303  used as the collection medium, the Agency for State Enterprise
 1304  Information Technology shall review and recommend to the Chief
 1305  Financial Officer whether to approve the request with regard to
 1306  the process or procedure to be used.
 1307         (9) For payment programs in which credit cards, charge
 1308  cards, or debit cards are accepted by state agencies, the
 1309  judicial branch, or units of local government, the Chief
 1310  Financial Officer, in consultation with the Agency for State
 1311  Enterprise Information Technology, may adopt rules to establish
 1312  uniform security safeguards for cardholder data and to ensure
 1313  compliance with the Payment Card Industry Data Security
 1314  Standards.
 1315         Section 18. Subsection (2) of section 215.96, Florida
 1316  Statutes, is amended to read:
 1317         215.96 Coordinating council and design and coordination
 1318  staff.—
 1319         (2) The coordinating council shall consist of the Chief
 1320  Financial Officer; the Commissioner of Agriculture; the Attorney
 1321  General; the secretary of the Department of Management Services;
 1322  the executive director of the Agency for State Technology the
 1323  Attorney General; and the Director of Planning and Budgeting,
 1324  Executive Office of the Governor, or their designees. The Chief
 1325  Financial Officer, or his or her designee, shall be chair of the
 1326  coordinating council, and the design and coordination staff
 1327  shall provide administrative and clerical support to the council
 1328  and the board. The design and coordination staff shall maintain
 1329  the minutes of each meeting and shall make such minutes
 1330  available to any interested person. The Auditor General, the
 1331  State Courts Administrator, an executive officer of the Florida
 1332  Association of State Agency Administrative Services Directors,
 1333  and an executive officer of the Florida Association of State
 1334  Budget Officers, or their designees, shall serve without voting
 1335  rights as ex officio members of on the coordinating council. The
 1336  chair may call meetings of the coordinating council as often as
 1337  necessary to transact business; however, the coordinating
 1338  council must shall meet at least annually once a year. Action of
 1339  the coordinating council shall be by motion, duly made, seconded
 1340  and passed by a majority of the coordinating council voting in
 1341  the affirmative for approval of items that are to be recommended
 1342  for approval to the Financial Management Information Board.
 1343         Section 19. Paragraph (a) of subsection (4) of section
 1344  216.023, Florida Statutes, is amended to read:
 1345         216.023 Legislative budget requests to be furnished to
 1346  Legislature by agencies.—
 1347         (4)(a) The legislative budget request must contain for each
 1348  program must contain:
 1349         1. The constitutional or statutory authority for a program,
 1350  a brief purpose statement, and approved program components.
 1351         2. Information on expenditures for 3 fiscal years (actual
 1352  prior-year expenditures, current-year estimated expenditures,
 1353  and agency budget requested expenditures for the next fiscal
 1354  year) by appropriation category.
 1355         3. Details on trust funds and fees.
 1356         4. The total number of positions (authorized, fixed, and
 1357  requested).
 1358         5. An issue narrative describing and justifying changes in
 1359  amounts and positions requested for current and proposed
 1360  programs for the next fiscal year.
 1361         6. Information resource requests.
 1362         7. Supporting information, including applicable cost
 1363  benefit analyses, business case analyses, performance
 1364  contracting procedures, service comparisons, and impacts on
 1365  performance standards for any request to outsource or privatize
 1366  agency functions. The cost-benefit and business case analyses
 1367  must include an assessment of the impact on each affected
 1368  activity from those identified in accordance with paragraph (b).
 1369  Performance standards must include standards for each affected
 1370  activity and be expressed in terms of the associated unit of
 1371  activity.
 1372         8. An evaluation of any major outsourcing and privatization
 1373  initiatives undertaken during the last 5 fiscal years having
 1374  aggregate expenditures exceeding $10 million during the term of
 1375  the contract. The evaluation must shall include an assessment of
 1376  contractor performance, a comparison of anticipated service
 1377  levels to actual service levels, and a comparison of estimated
 1378  savings to actual savings achieved. Consolidated reports issued
 1379  by the Department of Management Services may be used to satisfy
 1380  this requirement.
 1381         9. Supporting information for any proposed consolidated
 1382  financing of deferred-payment commodity contracts including
 1383  guaranteed energy performance savings contracts. Supporting
 1384  information must also include narrative describing and
 1385  justifying the need, baseline for current costs, estimated cost
 1386  savings, projected equipment purchases, estimated contract
 1387  costs, and return on investment calculation.
 1388         10. For projects that exceed $10 million in total cost, the
 1389  statutory reference of the existing policy or the proposed
 1390  substantive policy that establishes and defines the project’s
 1391  governance structure, planned scope, main business objectives
 1392  that must be achieved, and estimated completion timeframes. The
 1393  governance structure for information technology-related projects
 1394  requested by a state agency must incorporate the applicable
 1395  project management and oversight standards established under s.
 1396  282.0051. Information technology budget requests for the
 1397  continuance of existing hardware and software maintenance
 1398  agreements, renewal of existing software licensing agreements,
 1399  or the replacement of desktop units with new technology that is
 1400  similar to the technology currently in use are exempt from this
 1401  requirement.
 1402         Section 20. Subsection (22) of section 287.057, Florida
 1403  Statutes, is amended to read:
 1404         287.057 Procurement of commodities or contractual
 1405  services.—
 1406         (22) The department, in consultation with the Chief
 1407  Financial Officer and the Agency for State Technology, shall
 1408  maintain a program for the online procurement of commodities and
 1409  contractual services. To enable the state to promote open
 1410  competition and leverage its buying power, agencies shall
 1411  participate in the online procurement program, and eligible
 1412  users may participate in the program. Only vendors prequalified
 1413  as meeting mandatory requirements and qualifications criteria
 1414  may participate in online procurement.
 1415         (a) The department, in consultation with the Agency for
 1416  State Technology and in compliance with the standards and
 1417  policies of the agency, may contract for equipment and services
 1418  necessary to develop and implement online procurement.
 1419         (b) The department shall adopt rules to administer the
 1420  program for online procurement. The rules must include, but not
 1421  be limited to:
 1422         1. Determining the requirements and qualification criteria
 1423  for prequalifying vendors.
 1424         2. Establishing the procedures for conducting online
 1425  procurement.
 1426         3. Establishing the criteria for eligible commodities and
 1427  contractual services.
 1428         4. Establishing the procedures for providing access to
 1429  online procurement.
 1430         5. Determining the criteria warranting any exceptions to
 1431  participation in the online procurement program.
 1432         (c) The department may impose and shall collect all fees
 1433  for the use of the online procurement systems.
 1434         1. The fees may be imposed on an individual transaction
 1435  basis or as a fixed percentage of the cost savings generated. At
 1436  a minimum, the fees must be set in an amount sufficient to cover
 1437  the projected costs of the services, including administrative
 1438  and project service costs in accordance with the policies of the
 1439  department.
 1440         2. If the department contracts with a provider for online
 1441  procurement, the department, pursuant to appropriation, shall
 1442  compensate the provider from the fees after the department has
 1443  satisfied all ongoing costs. The provider shall report
 1444  transaction data to the department each month so that the
 1445  department may determine the amount due and payable to the
 1446  department from each vendor.
 1447         3. All fees that are due and payable to the state on a
 1448  transactional basis or as a fixed percentage of the cost savings
 1449  generated are subject to s. 215.31 and must be remitted within
 1450  40 days after receipt of payment for which the fees are due. For
 1451  fees that are not remitted within 40 days, the vendor shall pay
 1452  interest at the rate established under s. 55.03(1) on the unpaid
 1453  balance from the expiration of the 40-day period until the fees
 1454  are remitted.
 1455         4. All fees and surcharges collected under this paragraph
 1456  shall be deposited in the Operating Trust Fund as provided by
 1457  law.
 1458         Section 21. Subsection (4) of section 445.011, Florida
 1459  Statutes, is amended to read:
 1460         445.011 Workforce information systems.—
 1461         (4) Workforce Florida, Inc., shall coordinate development
 1462  and implementation of workforce information systems with the
 1463  executive director of the Agency for State Enterprise
 1464  Information Technology to ensure compatibility with the state’s
 1465  information system strategy and enterprise architecture.
 1466         Section 22. Subsections (2) and (4) of section 445.045,
 1467  Florida Statutes, are amended to read:
 1468         445.045 Development of an Internet-based system for
 1469  information technology industry promotion and workforce
 1470  recruitment.—
 1471         (2) Workforce Florida, Inc., shall coordinate with the
 1472  Agency for State Enterprise Information Technology and the
 1473  Department of Economic Opportunity to ensure links, where
 1474  feasible and appropriate, to existing job information websites
 1475  maintained by the state and state agencies and to ensure that
 1476  information technology positions offered by the state and state
 1477  agencies are posted on the information technology website.
 1478         (4)(a) Workforce Florida, Inc., shall coordinate
 1479  development and maintenance of the website under this section
 1480  with the executive director of the Agency for State Enterprise
 1481  Information Technology to ensure compatibility with the state’s
 1482  information system strategy and enterprise architecture.
 1483         (b) Workforce Florida, Inc., may enter into an agreement
 1484  with the Agency for State Enterprise Information Technology, the
 1485  Department of Economic Opportunity, or any other public agency
 1486  with the requisite information technology expertise for the
 1487  provision of design, operating, or other technological services
 1488  necessary to develop and maintain the website.
 1489         (c) Workforce Florida, Inc., may procure services necessary
 1490  to implement the provisions of this section, if it employs
 1491  competitive processes, including requests for proposals,
 1492  competitive negotiation, and other competitive processes that to
 1493  ensure that the procurement results in the most cost-effective
 1494  investment of state funds.
 1495         Section 23. Paragraph (b) of subsection (18) of section
 1496  668.50, Florida Statutes, is amended to read:
 1497         668.50 Uniform Electronic Transaction Act.—
 1498         (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY
 1499  GOVERNMENTAL AGENCIES.—
 1500         (b) To the extent that a governmental agency uses
 1501  electronic records and electronic signatures under paragraph
 1502  (a), the Agency for State Enterprise Information Technology, in
 1503  consultation with the governmental agency, giving due
 1504  consideration to security, may specify:
 1505         1. The manner and format in which the electronic records
 1506  must be created, generated, sent, communicated, received, and
 1507  stored and the systems established for those purposes.
 1508         2. If electronic records must be signed by electronic
 1509  means, the type of electronic signature required, the manner and
 1510  format in which the electronic signature must be affixed to the
 1511  electronic record, and the identity of, or criteria that must be
 1512  met by, any third party used by a person filing a document to
 1513  facilitate the process.
 1514         3. Control processes and procedures as appropriate to
 1515  ensure adequate preservation, disposition, integrity, security,
 1516  confidentiality, and auditability of electronic records.
 1517         4. Any other required attributes for electronic records
 1518  which are specified for corresponding nonelectronic records or
 1519  reasonably necessary under the circumstances.
 1520         Section 24. Section 943.0415, Florida Statutes, is amended
 1521  to read:
 1522         943.0415 Cybercrime Office.—The Cybercrime Office There is
 1523  created within the Department of Law Enforcement the Cybercrime
 1524  Office. The office may:
 1525         (1) Investigate violations of state law pertaining to the
 1526  sexual exploitation of children which are facilitated by or
 1527  connected to the use of any device capable of storing electronic
 1528  data.
 1529         (2) Monitor information technology resources and provide
 1530  analysis on information technology security incidents, threats,
 1531  or breaches as those terms are defined in s. 282.0041.
 1532         (3) Investigate violations of state law pertaining to
 1533  information technology security incidents, threats, or breaches
 1534  pursuant to s. 282.0041 and assist in incident response and
 1535  recovery.
 1536         (4) Provide security awareness training and information to
 1537  state agency employees concerning cyber security, online sexual
 1538  exploitation of children, security risks, and the responsibility
 1539  of employees to comply with policies, standards, guidelines, and
 1540  operating procedures adopted by the Agency for State Technology.
 1541         (5) Consult with the Agency for State Technology in the
 1542  adoption of rules relating to the information technology
 1543  security provisions of s. 282.318.
 1544         Section 25. Section 1004.649, Florida Statutes, is amended
 1545  to read:
 1546         1004.649 Northwest Regional Data Center.—
 1547         (1) For the purpose of providing data center services to
 1548  serving its state agency customers, the Northwest Regional Data
 1549  Center at Florida State University is designated as a primary
 1550  data center and shall:
 1551         (a) Operate under a governance structure that represents
 1552  its customers proportionally.
 1553         (b) Maintain an appropriate cost-allocation methodology
 1554  that accurately bills state agency customers based solely on the
 1555  actual direct and indirect costs of the services provided to
 1556  state agency customers, and ensures that for any fiscal year a
 1557  state agency customer is not subsidizing a prohibits the
 1558  subsidization of nonstate agency customer or another state
 1559  agency customer customers’ costs by state agency customers. Such
 1560  cost-allocation methodology must comply with applicable state
 1561  and federal requirements concerning the distribution and use of
 1562  state and federal funds.
 1563         (c) Enter into a service-level agreement with each state
 1564  agency customer to provide services as defined and approved by
 1565  the governing board of the center. At a minimum, such service
 1566  level agreements must:
 1567         1. Identify the parties and their roles, duties, and
 1568  responsibilities under the agreement;
 1569         2. State the duration of the agreement term and specify the
 1570  conditions for renewal;
 1571         3. Identify the scope of work;
 1572         4. Establish the services to be provided, the business
 1573  standards that must be met for each service, the cost of each
 1574  service, and the process by which the business standards for
 1575  each service are to be objectively measured and reported;
 1576         5. Provide a timely billing methodology for recovering the
 1577  cost of services provided pursuant to s. 215.422; and
 1578         6. Provide a procedure for modifying the service-level
 1579  agreement to address any changes in projected costs of service;
 1580         7. Prohibit the transfer of computing services between the
 1581  Northwest Regional Data Center and the state data center
 1582  established under s. 282.201 without at least 180 days’ notice
 1583  of service cancellation;
 1584         8. Identify the products or services to be delivered with
 1585  sufficient specificity to permit an external financial or
 1586  performance audit; and
 1587         9. Provide that the service-level agreement may be
 1588  terminated by either party for cause only after giving the other
 1589  party notice in writing of the cause for termination and an
 1590  opportunity for the other party to resolve the identified cause
 1591  within a reasonable period.
 1592         (d) Provide to the Board of Governors the total annual
 1593  budget by major expenditure category, including, but not limited
 1594  to, salaries, expenses, operating capital outlay, contracted
 1595  services, or other personnel services by July 30 each fiscal
 1596  year.
 1597         (e) Provide to each state agency customer its projected
 1598  annual cost for providing the agreed-upon data center services
 1599  by September 1 each fiscal year.
 1600         (f) Provide a plan for consideration by the Legislative
 1601  Budget Commission if the governing body of the center approves
 1602  the use of a billing rate schedule after the start of the fiscal
 1603  year that increases any state agency customer’s costs for that
 1604  fiscal year.
 1605         (2) The Northwest Regional Data Center’s designation as a
 1606  primary data center for purposes of serving its state agency
 1607  customers may be terminated if:
 1608         (a) The center requests such termination to the Board of
 1609  Governors, the Senate President, and the Speaker of the House of
 1610  Representatives; or
 1611         (b) The center fails to comply with the provisions of this
 1612  section.
 1613         (3) If such designation is terminated, the center shall
 1614  have 1 year to provide for the transition of its state agency
 1615  customers to the state data center system established under s.
 1616  282.201 Southwood Shared Resource Center or the Northwood Shared
 1617  Resource Center.
 1618         Section 26. The Agency for Enterprise Information
 1619  Technology in the Executive Office of the Governor is
 1620  transferred by a type two transfer, pursuant to s. 20.06,
 1621  Florida Statutes, to the Agency for State Technology established
 1622  pursuant to s. 20.61, Florida Statutes, except that the only
 1623  rules that are transferred are chapters 71A-1 and 71A-2, Florida
 1624  Administrative Code. All other rules adopted by the Agency for
 1625  Enterprise Information Technology are nullified and of no
 1626  further force or effect.
 1627         Section 27. The Northwood Shared Resource Center in the
 1628  Department of Management Services is transferred by a type two
 1629  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1630  for State Technology established pursuant to s. 20.61, Florida
 1631  Statutes. This transfer does not require and is not subject to
 1632  Legislative Budget Commission approval.
 1633         Section 28. The Southwood Shared Resource Center in the
 1634  Department of Management Services is transferred by a type two
 1635  transfer, pursuant to s. 20.06, Florida Statutes, to the Agency
 1636  for State Technology established pursuant to s. 20.61, Florida
 1637  Statutes. This transfer does not require and is not subject to
 1638  Legislative Budget Commission approval.
 1639         Section 29. The Agency for State Technology shall:
 1640         (1) Complete a feasibility study that analyzes, evaluates,
 1641  and provides recommendations for managing state government data
 1642  in a manner that promotes its interoperability and openness and,
 1643  if legally permissible and not cost prohibitive, ensures that
 1644  such data is available to the public in ways that make the data
 1645  easy to find and use, and complies with chapter 119, Florida
 1646  Statutes. At a minimum, the feasibility study must include the
 1647  following components:
 1648         (a) A clear description of which state government data
 1649  should be public information. The guiding principle for this
 1650  component is a presumption of openness to the extent permitted
 1651  by law but subject to valid restrictions relating to privacy,
 1652  confidentiality, and security, and other fiscal and legal
 1653  restrictions.
 1654         (b) Recommended standards for making the format and
 1655  accessibility of public information uniform and ensuring that
 1656  such data is published in a nonproprietary, searchable,
 1657  sortable, platform-independent, and machine-readable format. The
 1658  agency should include the projected cost to state agencies of
 1659  implementing and maintaining such standards.
 1660         (c) A project plan for implementing a single Internet
 1661  website that contains public information or links to public
 1662  information. The plan should include a timeline and benchmarks
 1663  for making public information available online and identify any
 1664  costs associated with the development and ongoing maintenance of
 1665  such a website.
 1666         (d) A recommended governance structure and review and
 1667  compliance process to ensure accountability on the part of those
 1668  who create, maintain, manage, or store public information or
 1669  post it on the single Internet website. The agency should
 1670  include any associated costs to implement and maintain the
 1671  recommended governance structure and the review and compliance
 1672  process.
 1673         (2) Submit the completed feasibility study to the Executive
 1674  Office of the Governor, the President of the Senate, and the
 1675  Speaker of the House of Representatives by June 1, 2015.
 1676         Section 30. The State Data Center Task Force is created.
 1677  The task force shall be comprised of those individuals who were
 1678  members of the boards of trustees of the Northwood and Southwood
 1679  Shared Resource Centers as of June 30, 2014. The purpose of the
 1680  task force is to provide assistance in the transition of the
 1681  Northwood and Southwood Shared Resource Centers into the state
 1682  data center established under s. 282.201, Florida Statutes. The
 1683  task force shall identify any operational or fiscal issues
 1684  affecting the transition and provide recommendations to the
 1685  Agency for State Technology for the resolution of such issues.
 1686  The task force may not make decisions regarding the state data
 1687  center or the facilities formerly known as the Northwood and
 1688  Southwood Shared Resource Centers and shall expire on or before
 1689  June 30, 2015.
 1690         Section 31. For the 2014-2015 fiscal year, the sum of
 1691  $2,134,892 in nonrecurring general revenue funds, $2,865,108 in
 1692  recurring general revenue funds, and 25 full-time equivalent
 1693  positions and associated salary rate of 2,010,951 are
 1694  appropriated to the Agency for State Technology for the purpose
 1695  of implementing and administering this act.
 1696         Section 32. Except as otherwise expressly provided in this
 1697  act and except for this section, which shall take effect upon
 1698  this act becoming a law, this act shall take effect July 1,
 1699  2014.