Florida Senate - 2018 CS for SB 448
By the Committee on Governmental Oversight and Accountability;
and Senator Brandes
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
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
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
98 6. Provide a timely billing methodology to recover the cost
99 of services provided to the customer entity pursuant to s.
101 7. Provide a procedure for modifying the service-level
102 agreement based on changes in the type, level, and cost of a
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
118 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
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
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
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
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.