Florida Senate - 2018                              CS for SB 448
       By the Committee on Governmental Oversight and Accountability;
       and Senator Brandes
       585-02375-18                                           2018448c1
    1                        A bill to be entitled                      
    2         An act relating to the Agency for State Technology;
    3         amending s. 282.0051, F.S.; revising certain powers,
    4         duties, and functions of the agency in collaboration
    5         with the Department of Management Services; amending
    6         s. 282.201, F.S.; authorizing the state data center
    7         within the agency to extend, up to a specified
    8         timeframe, certain service-level agreements; requiring
    9         the state data center to submit a specified report to
   10         the Executive Office of the Governor under certain
   11         circumstances; deleting a requirement for a service
   12         level agreement to provide a certain termination
   13         notice to the agency; requiring the state data center
   14         to plan, design, and conduct certain testing, if cost
   15         effective; deleting obsolete provisions relating to
   16         the schedule for consolidations of agency data
   17         centers; conforming provisions to changes made by the
   18         act; providing an effective date.
   20  Be It Enacted by the Legislature of the State of Florida:
   22         Section 1. Subsection (18) of section 282.0051, Florida
   23  Statutes, is amended to read:
   24         282.0051 Agency for State Technology; powers, duties, and
   25  functions.—The Agency for State Technology shall have the
   26  following powers, duties, and functions:
   27         (18) In collaboration with the Department of Management
   28  Services:
   29         (a) Establish an information technology policy for all
   30  information technology-related state contracts, including state
   31  term contracts for information technology commodities,
   32  consultant services, and staff augmentation services. The
   33  information technology policy must include:
   34         1. Identification of the information technology product and
   35  service categories to be included in state term contracts.
   36         2. Requirements to be included in solicitations for state
   37  term contracts.
   38         3. Evaluation criteria for the award of information
   39  technology-related state term contracts.
   40         4. The term of each information technology-related state
   41  term contract.
   42         5. The maximum number of vendors authorized on each state
   43  term contract.
   44         (b) Evaluate vendor responses for information technology
   45  related state term contract solicitations and invitations to
   46  negotiate.
   47         (c) Answer vendor questions on information technology
   48  related state term contract solicitations.
   49         (d) Ensure that all information technology-related
   50  solicitations by the department are procured and state contracts
   51  are managed in accordance with the information technology policy
   52  established under pursuant to paragraph (a) is included in all
   53  solicitations and contracts which are administratively executed
   54  by the department.
   55         Section 2. Paragraph (d) of subsection (2) of section
   56  282.201, Florida Statutes, is amended, paragraph (g) is added to
   57  that subsection, and subsection (4) of that section is amended,
   58  to read:
   59         282.201 State data center.—The state data center is
   60  established within the Agency for State Technology and shall
   61  provide data center services that are hosted on premises or
   62  externally through a third-party provider as an enterprise
   63  information technology service. The provision of services must
   64  comply with applicable state and federal laws, regulations, and
   65  policies, including all applicable security, privacy, and
   66  auditing requirements.
   67         (2) STATE DATA CENTER DUTIES.–The state data center shall:
   68         (d) Enter into a service-level agreement with each customer
   69  entity to provide the required type and level of service or
   70  services. If a customer entity fails to execute an agreement
   71  within 60 days after commencement of a service, the state data
   72  center may cease service. A service-level agreement may not have
   73  an original a term exceeding 3 years, but the service-level
   74  agreement may be extended for up to 6 months. If the state data
   75  center and an existing customer entity either execute an
   76  extension or fail to execute a new service-level agreement
   77  before the expiration of an existing service-level agreement,
   78  the state data center must submit a report to the Executive
   79  Office of the Governor within 5 days after the date of the
   80  executed extension or 15 days before the scheduled expiration
   81  date of the service-level agreement, as applicable, to explain
   82  the specific issues preventing execution of a new service-level
   83  agreement and to describe the plan and schedule for resolving
   84  those issues. A service-level agreement, and at a minimum, must:
   85         1. Identify the parties and their roles, duties, and
   86  responsibilities under the agreement.
   87         2. State the duration of the contract term and specify the
   88  conditions for renewal.
   89         3. Identify the scope of work.
   90         4. Identify the products or services to be delivered with
   91  sufficient specificity to permit an external financial or
   92  performance audit.
   93         5. Establish the services to be provided, the business
   94  standards that must be met for each service, the cost of each
   95  service, and the metrics and processes by which the business
   96  standards for each service are to be objectively measured and
   97  reported.
   98         6. Provide a timely billing methodology to recover the cost
   99  of services provided to the customer entity pursuant to s.
  100  215.422.
  101         7. Provide a procedure for modifying the service-level
  102  agreement based on changes in the type, level, and cost of a
  103  service.
  104         8. Include a right-to-audit clause to ensure that the
  105  parties to the agreement have access to records for audit
  106  purposes during the term of the service-level agreement.
  107         9. Provide that a service-level agreement may be terminated
  108  by either party for cause only after giving the other party and
  109  the Agency for State Technology notice in writing of the cause
  110  for termination and an opportunity for the other party to
  111  resolve the identified cause within a reasonable period.
  112         10. Provide for mediation of disputes by the Division of
  113  Administrative Hearings pursuant to s. 120.573.
  114         (g) Plan, design, and conduct testing with information
  115  technology resources to implement services within the scope of
  116  the services provided by the state data center, if cost
  117  effective.
  119         (a) Consolidations of agency data centers and computing
  120  facilities into the state data center shall be made by the dates
  121  specified in this section and in accordance with budget
  122  adjustments contained in the General Appropriations Act.
  123         (b) During the 2013-2014 fiscal year, the following state
  124  agencies shall be consolidated by the specified date:
  125         1. By October 31, 2013, the Department of Economic
  126  Opportunity.
  127         2. By December 31, 2013, the Executive Office of the
  128  Governor, to include the Division of Emergency Management except
  129  for the Emergency Operation Center’s management system in
  130  Tallahassee and the Camp Blanding Emergency Operations Center in
  131  Starke.
  132         3. By March 31, 2014, the Department of Elderly Affairs.
  133         4. By October 30, 2013, the Fish and Wildlife Conservation
  134  Commission, except for the commission’s Fish and Wildlife
  135  Research Institute in St. Petersburg.
  136         (a)(c) The following agency data centers are exempt from
  137  state data center consolidation under this section: the
  138  Department of Law Enforcement, the Department of the Lottery’s
  139  Gaming System, Systems Design and Development in the Office of
  140  Policy and Budget, the regional traffic management centers as
  141  described in s. 335.14(2) and the Office of Toll Operations of
  142  the Department of Transportation, the State Board of
  143  Administration, state attorneys, public defenders, criminal
  144  conflict and civil regional counsel, capital collateral regional
  145  counsel, and the Florida Housing Finance Corporation.
  146         (b)(d) A state agency that is consolidating its agency data
  147  center or computing facility into the state data center must
  148  execute a new or update an existing service-level agreement
  149  within 60 days after the commencement of the service. If a state
  150  agency and the state data center are unable to execute a
  151  service-level agreement by that date, the agency shall submit a
  152  report to the Executive Office of the Governor within 5 working
  153  days after that date which explains the specific issues
  154  preventing execution and describing the plan and schedule for
  155  resolving those issues.
  156         (c)(e) Each state agency consolidating scheduled for
  157  consolidation into the state data center shall submit a
  158  transition plan to the Agency for State Technology by July 1 of
  159  the fiscal year before the fiscal year in which the scheduled
  160  consolidation will occur. Transition plans must shall be
  161  developed in consultation with the state data center and must
  162  include:
  163         1. An inventory of the agency data center’s resources being
  164  consolidated, including all hardware and its associated life
  165  cycle replacement schedule, software, staff, contracted
  166  services, and facility resources performing data center
  167  management and operations, security, backup and recovery,
  168  disaster recovery, system administration, database
  169  administration, system programming, job control, production
  170  control, print, storage, technical support, help desk, and
  171  managed services, but excluding application development, and the
  172  agency’s costs supporting these resources.
  173         2. A list of contracts in effect, including, but not
  174  limited to, contracts for hardware, software, and maintenance,
  175  which identifies the expiration date, the contract parties, and
  176  the cost of each contract.
  177         3. A detailed description of the level of services needed
  178  to meet the technical and operational requirements of the
  179  platforms being consolidated.
  180         4. A timetable with significant milestones for the
  181  completion of the consolidation.
  182         (d)(f) Each state agency consolidating scheduled for
  183  consolidation into the state data center shall submit with its
  184  respective legislative budget request the specific recurring and
  185  nonrecurring budget adjustments of resources by appropriation
  186  category into the appropriate data processing category pursuant
  187  to the legislative budget request instructions in s. 216.023.
  188         Section 3. This act shall take effect July 1, 2018.