Bill Text: FL S7024 | 2014 | Regular Session | Introduced
Bill Title: State Technology
Spectrum: Committee Bill
Status: (N/A - Dead) 2014-02-07 - Submit as committee bill by Governmental Oversight and Accountability (SB 928) [S7024 Detail]
Download: Florida-2014-S7024-Introduced.html
Florida Senate - 2014 (PROPOSED COMMITTEE BILL) SPB 7024 FOR CONSIDERATION By the Committee on Governmental Oversight and Accountability 585-00728B-14 20147024__ 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 security; repealing s. 37 282.33, F.S., relating to objective standards for data 38 center energy efficiency; repealing s. 282.34, F.S., 39 relating to statewide e-mail service; amending ss. 40 17.0315, 20.055, 110.205, 215.322, and 215.96, F.S.; 41 conforming provisions to changes made by the act; 42 amending s. 216.023, F.S.; requiring the governance 43 structure of information technology projects to 44 incorporate certain standards; amending s. 287.057, 45 F.S.; requiring the Department of Management Services 46 to consult with the agency with respect to the online 47 procurement of commodities; amending ss. 445.011, 48 445.045, and 668.50, F.S.; conforming provisions to 49 changes made by the act; amending s. 943.0415, F.S.; 50 providing additional duties for the Cybercrime Office 51 in the Department of Law Enforcement relating to cyber 52 security; requiring the office to provide cyber 53 security training to state agency employees; requiring 54 the office to consult with the agency; amending s. 55 1004.649, F.S.; revising provisions relating to the 56 Northwest Regional Data Center; revising the center’s 57 duties and the content of service-level agreements 58 with state agency customers; transferring the 59 components of the Agency for Enterprise Information 60 Technology to the Agency for State Technology; 61 providing that certain rules adopted by the Agency for 62 Enterprise Information Technology are nullified; 63 transferring the Northwood Shared Resource Center and 64 the Southwood Shared Resource Center to the Agency for 65 State Technology; requiring the Agency for State 66 Technology to complete a feasibility study relating to 67 managing state government data; specifying the 68 components of the study; requiring the study to be 69 submitted to the Governor and Legislature by a certain 70 date; creating the State Data Center Task Force; 71 specifying the membership and purpose of the task 72 force; providing for expiration; providing an 73 appropriation; providing effective dates. 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. Section 14.204, Florida Statutes, is repealed. 78 Section 2. Section 20.61, Florida Statutes, is created to 79 read: 80 20.61 Agency for State Technology.—The Agency for State 81 Technology is created within the Department of Management 82 Services. 83 (1) The agency is a separate budget entity and is not 84 subject to control, supervision, or direction by the department, 85 including, but not limited to, purchasing, transactions 86 involving real or personal property, personnel, or budgetary 87 matters. 88 (2) The agency shall be headed by an executive director 89 appointed by the Governor and subject to the confirmation of the 90 Senate. The executive director shall be the State Chief 91 Information Officer. 92 (a) The executive director must be a proven, effective 93 administrator who preferably has executive-level experience in 94 both the public and private sectors. 95 (b) The Governor shall conduct a thorough search to find 96 the most qualified candidate and in conducting such a search, 97 the Governor shall place emphasis on the development and 98 implementation of information technology strategic planning; 99 management of enterprise information technology projects, 100 particularly management of large-scale consolidation projects; 101 and development and implementation of fiscal and substantive 102 information technology policy. 103 (3) The following positions are established within the 104 agency, all of which shall be appointed by the executive 105 director: 106 (a) A Deputy State Chief Information Officer. 107 (b) A Chief Planning Officer and six Strategic Planning 108 Coordinators with one coordinator assigned to each of the 109 following major program areas: health and human services, 110 education, government operations, criminal and civil justice, 111 agriculture and natural resources, and transportation and 112 economic development. 113 (c) A Chief Operations Officer. 114 (d) A Chief Information Security Officer. 115 (e) A Chief Technology Officer. 116 (4) The Technology Advisory Council, consisting of seven 117 members, is established and shall be maintained within the 118 agency pursuant to s. 20.052. Four members, two of whom must be 119 from the private sector, shall be appointed by the Governor; one 120 member shall be appointed by the Cabinet; and one member each 121 shall be appointed by the President of the Senate and the 122 Speaker of the House of Representatives. Upon initial 123 establishment of the council, two of the Governor’s appointments 124 shall be for 2-year terms. Thereafter all appointments shall be 125 for 4-year terms. 126 (a) The council shall consider and make recommendations to 127 the executive director of the agency on such matters as 128 enterprise information technology policies, standards, services, 129 and architecture. 130 (b) The executive director of the agency shall consult with 131 the council with regard to executing the duties and 132 responsibilities of the agency related to statewide information 133 technology strategic planning and policy. 134 (c) The council shall be governed by the code of ethics for 135 public officers and employees as set forth in part III of 136 chapter 112 and each member must file a statement of financial 137 interests pursuant to s. 112.3145. 138 Section 3. Section 282.0041, Florida Statutes, is amended 139 to read: 140 282.0041 Definitions.—As used in this chapter, the term: 141(1) “Agency” has the same meaning as in s. 216.011(1)(qq),142except that for purposes of this chapter, “agency” does not143include university boards of trustees or state universities.144(2) “Agency for Enterprise Information Technology” means145the agency created in s. 14.204.146(3) “Agency information technology service” means a service147that directly helps an agency fulfill its statutory or148constitutional responsibilities and policy objectives and is149usually associated with the agency’s primary or core business150functions.151(4) “Annual budget meeting” means a meeting of the board of152trustees of a primary data center to review data center usage to153determine the apportionment of board members for the following154fiscal year, review rates for each service provided, and155determine any other required changes.156 (1)(5)“Breach” has the same meaning as in s. 817.5681(4). 157 (2)(6)“Business continuity plan” means a collection of 158 procedures and information used to maintain an agency’s critical 159 operations during a period of displacement or interruption of 160 normal operationsplan for disaster recovery which provides for161the continued functioning of a primary data center during and162after a disaster. 163 (3)(7)“Computing facility” means agency space containing 164 fewer than a total of 10 physical or logical servers, any of 165 which supports a strategic or nonstrategic information 166 technology service, as described in budget instructions 167 developed pursuant to s. 216.023, but excluding single, logical 168 server installations that exclusively perform a utility function 169 such as file and print servers. 170 (4)(8)“Customer entity” means an entity that obtains 171 services from a stateprimarydata center. 172 (5)(9)“Data center” means agency space containing 10 or 173 more physical or logical servers any of which supports a 174 strategic or nonstrategic information technology service, as 175 described in budget instructions developed pursuant to s. 176 216.023. 177 (6)(10)“Department” means the Department of Management 178 Services. 179 (7) “Disaster recovery” means the processes, policies, 180 procedures, and infrastructure that relate to preparing for and 181 implementing recovery or continuation of an organization’s vital 182 technology infrastructure after a natural or human–induced 183 disaster. 184 (8)(11)“Enterprise information technology service” means 185 an information technology service that is used in all agencies 186 or a subset of agencies and is established in law to be 187 designed, delivered, and managed at the enterprise level. 188(12) “E-mail, messaging, and calendaring service” means the189enterprise information technology service that enables users to190send, receive, file, store, manage, and retrieve electronic191messages, attachments, appointments, and addresses. The e-mail,192messaging, and calendaring service must include e-mail account193management; help desk; technical support and user provisioning194services; disaster recovery and backup and restore capabilities;195antispam and antivirus capabilities; archiving and e-discovery;196and remote access and mobile messaging capabilities.197 (9) “Event” means an observable occurrence in a system or 198 network. 199 (10) “Incident” means a violation or imminent threat of 200 violation of computer security policies, acceptable use 201 policies, or standard security practices. An imminent threat of 202 violation exists when a state agency has a factual basis for 203 believing that a specific incident is about to occur. 204(13) “Information-system utility” means a full-service205information-processing facility offering hardware, software,206operations, integration, networking, and consulting services.207 (11)(14)“Information technology” means equipment, 208 hardware, software, firmware, programs, systems, networks, 209 infrastructure, media, and related material used to 210 automatically, electronically, and wirelessly collect, receive, 211 access, transmit, display, store, record, retrieve, analyze, 212 evaluate, process, classify, manipulate, manage, assimilate, 213 control, communicate, exchange, convert, converge, interface, 214 switch, or disseminate information of any kind or form. 215 (12)(15)“Information technology policy” means a specific 216 course or method of action selected from among alternatives that 217 guide and determine present and future decisionsstatements that218describe clear choices for how information technology will219deliver effective and efficient government services to residents220and improve state agency operations.A policy may relate to221investments, business applications, architecture, or222infrastructure. A policy describes its rationale, implications223of compliance or noncompliance, the timeline for implementation,224metrics for determining compliance, and the accountable225structure responsible for its implementation.226 (13) “Information technology resources” has the same 227 meaning as in s. 119.011. 228 (14)(16)“Performance metrics” means the measures of an 229 organization’s activities and performance. 230 (15)(17)“Primary data center” means a data center that is 231 a recipient entity for consolidation of state agencynonprimary232 data centers and computing facilities and that is established by 233 law. 234 (16)(18)“Project” means an endeavor that has a defined 235 start and end point; is undertaken to create or modify a unique 236 product, service, or result; and has specific objectives that, 237 when attained, signify completion. 238 (17) “Project oversight” means an independent review and 239 analysis of an information technology project in order to 240 provide information on the project’s scope, completion 241 timeframes, and budget and should identify and quantify any 242 issues or risks affecting the successful and timely completion 243 of the project. 244 (18)(19)“Risk assessmentanalysis” means the process of 245 identifying security risks, determining their magnitude, and 246 identifying areas needing safeguards. 247 (19)(20)“Service level” means the key performance 248 indicators(KPI)of an organization or service which must be 249 regularly performed, monitored, and achieved. 250 (20)(21)“Service-level agreement” means a written contract 251 between a data center and a customer entity which specifies the 252 scope of services provided, service level, the duration of the 253 agreement, the responsible parties, and service costs. A 254 service-level agreement is not a rule pursuant to chapter 120. 255 (21) “Stakeholder” means an individual, group, 256 organization, or state agency involved in or affected by a 257 course of action. 258 (22) “Standards” means required practices, controls, 259 components, or configurations established by an authority. 260 (23) “State agency” has the same meaning as in s. 216.011, 261 but does not include university boards of trustees or state 262 universities. 263 (24) “State data center” means an enterprise information 264 technology service provider that is the recipient entity for the 265 consolidation of state agency data centers and computing 266 facilities and that establishes, implements, operates, monitors, 267 reviews, maintains, and physically or virtually improves 268 information technology services designated by the Agency for 269 State Technology in compliance with the operating guidelines and 270 procedures set forth by the agency pursuant to s. 282.0051(11). 271 (25)(23)“SUNCOM Network” means the state enterprise 272 telecommunications system that provides all methods of 273 electronic or optical telecommunications beyond a single 274 building or contiguous building complex and used by entities 275 authorized as network users under this part. 276 (26)(24)“Telecommunications” means the science and 277 technology of communication at a distance, including electronic 278 systems used in the transmission or reception of information. 279 (27)(25)“Threat” means any circumstance or event that has 280 the potential to adversely affect a state agency’s operation or 281 assets through an information system by means of unauthorized 282 access, destruction, disclosure, modification of information, or 283 denial of servicemay cause harm to the integrity, availability,284or confidentiality of information technology resources. 285 (28) “Variance” means a calculated value that illustrates a 286 positive or negative deviation from a projection measured 287 against documented estimations within a project plan. 288(26) “Total cost” means all costs associated with289information technology projects or initiatives, including, but290not limited to, value of hardware, software, service,291maintenance, incremental personnel, and facilities. Total cost292of a loan or gift ofinformation technology resources to an293agency includes the fair market value of the resources.294(27) “Usage” means the billing amount charged by the295primary data center, less any pass-through charges, to the296customer entity.297(28) “Usage rate” means a customer entity’s usage or298billing amount as a percentage of total usage.299 Section 4. Section 282.0051, Florida Statutes, is created 300 to read: 301 282.0051 Agency for State Technology; powers, duties, and 302 functions.— 303 (1) The Agency for State Technology has the following 304 powers, duties, and functions: 305 (a) Developing and publishing information technology policy 306 for the management of the state’s information technology 307 resources. 308 (b) Establishing and publishing information technology 309 architecture standards to achieve the most efficient use of the 310 state’s information technology resources and to ensure 311 compatibility and alignment with the needs of state agencies. 312 The agency shall assist state agencies in complying with such 313 standards. 314 (c) By June 30, 2015, establishing project management and 315 project oversight standards that state agencies must comply with 316 while implementing information technology projects. The Agency 317 for State Technology shall provide training opportunities to 318 state agencies to assist in the adoption of the project 319 management and oversight standards. To support data-driven 320 decisionmaking, such standards must include, but are not limited 321 to: 322 1. Performance measurements and metrics that objectively 323 reflect the status of an information technology project based on 324 the defined and documented project scope, cost, and schedule. 325 2. Methodologies for calculating acceptable variance ranges 326 in the projected versus actual scope, schedule, or cost of an 327 information technology project. 328 3. Reporting requirements that provide project visibility 329 to all identified stakeholders, including instances in which an 330 information technology project exceeds the acceptable variance 331 ranges as defined and documented in the project plan. 332 4. The content, format, and frequency of project updates. 333 (d) Beginning January 1, 2015, performing project oversight 334 on all information technology projects that have total project 335 costs of $10 million or more and that are funded in the General 336 Appropriations Act or under state law. The agency shall report 337 at least quarterly to the Executive Office of the Governor, the 338 President of the Senate, and the Speaker of the House of 339 Representatives on any information technology project the agency 340 identifies as being a high-risk project that may exceed the 341 acceptable variance ranges as defined and documented in the 342 project plan. The report must include an assessment of the risk 343 levels, including fiscal risks, associated with proceeding to 344 the next stage of the project and a recommendation for requiring 345 corrective action, which includes suspending or terminating the 346 project. 347 (e) By October 15, 2015, and biennially thereafter, 348 identifying opportunities for standardizing and consolidating 349 information technology services that support business functions 350 and operations, including administrative functions such as 351 purchasing, accounting and reporting, cash management, and 352 personnel, which are common across state agencies, and providing 353 recommendations for such standardization and consolidation to 354 the Executive Office of the Governor, the President of the 355 Senate, and the Speaker of the House of Representatives. 356 (f) In collaboration with the department, establishing best 357 practices for the procurement of information technology products 358 in order to reduce costs, increase productivity, or improve 359 services. Such practices must include a provision that requires 360 the agency to review all information technology purchases made 361 by state agencies which have a total cost of $250,000 or more, 362 unless a purchase is specifically mandated by the Legislature, 363 for compliance with the standards established pursuant to this 364 section. 365 (g) Advising and collaborating with the department in 366 conducting procurement negotiations for information technology 367 products that will be used by multiple state agencies, and 368 collaborating with the department in information technology 369 resource acquisition planning. 370 (h) Establishing standards for information technology 371 reports and updates for use by state agencies which include, but 372 are not limited to, operational work plans, project spending 373 plans, and project status reports. 374 (i) Upon request, assisting state agencies in the 375 development of their information technology-related legislative 376 budget requests. 377 (j) Conducting annual assessments of state agencies to 378 determine their compliance with information technology standards 379 and guidelines developed and published by the Agency for State 380 Technology and provide results of the assessments to the 381 Executive Office of the Governor, the President of the Senate, 382 and the Speaker of the House of Representatives. 383 (k) Providing operational management and oversight of the 384 state data center established pursuant to s. 282.201, which 385 includes: 386 1. Implementing industry standards and best practices for 387 the state data center’s facilities, operations, maintenance, 388 planning, and management processes. 389 2. Developing and implementing cost-recovery mechanisms 390 that recover the full cost of services, including direct and 391 indirect costs, through charges to applicable customer entities. 392 Such mechanisms must comply with applicable state and federal 393 requirements relating to the distribution and use of such funds 394 and must ensure that for any fiscal year a service or customer 395 entity is not subsidizing another service or customer entity. 396 3. Establishing operating guidelines and procedures 397 necessary for the state data center to perform its duties 398 pursuant to s. 282.201 which comply with applicable state and 399 federal laws, rules, and policies and are in accordance with 400 generally accepted governmental accounting and auditing 401 standards. Such guidelines and procedures must include, but need 402 not be limited to: 403 a. Implementing a consolidated administrative support 404 structure that is responsible for the provision of financial 405 management, procurement, transactions involving real or personal 406 property, human resources, and operational support. 407 b. Implementing an annual reconciliation process to ensure 408 that each customer entity is paying for the full direct and 409 indirect cost of each service as determined by the customer 410 entity’s use of each service. 411 c. Providing rebates, which may be credited against future 412 billings, to customer entities when revenues exceed costs. 413 d. Requiring a customer entity to validate that sufficient 414 funds are in or will be transferred into the appropriate data 415 processing appropriation category before implementing a customer 416 entity’s request for a change in the type or level of service if 417 such change results in a net increase to the customer entity’s 418 costs for that fiscal year. 419 e. Providing to each customer entity’s agency head by 420 September 1 of each year the projected costs to provide data 421 center services for the following fiscal year. 422 f. Providing a plan for consideration by the Legislative 423 Budget Commission if the cost of a service is increased for a 424 reason other than a customer entity’s request pursuant to 425 subparagraph 4. which results in a net increase to the customer 426 entity for that fiscal year. 427 g. Standardizing and consolidating procurement and 428 contracting practices. 429 4. In collaboration with the Department of Law Enforcement, 430 developing and implementing a process for detecting, reporting, 431 and responding to information technology security incidents, 432 breaches, or threats. 433 5. Adopting rules relating to the operation of the state 434 data center, which include, but are not limited to, its 435 budgeting and accounting procedures, cost-recovery 436 methodologies, and operating procedures. 437 6. Consolidating contract practices and coordinating 438 software, hardware, or other technology-related procurements. 439 7. Annually conducting a market analysis to determine if 440 the state’s approach to the provision of data center services is 441 the most effective and efficient manner by which its customer 442 entities can acquire such services based on federal, state, and 443 local government trends, best practices in service provision, 444 and the acquisition of new and emerging technologies. The 445 results of the market analysis should assist the state data 446 center in making any necessary adjustments to its data center 447 service offerings. 448 (l) Recommending other information technology services that 449 should be designed, delivered, and managed as enterprise 450 information technology services. Such recommendations should 451 include the identification of any existing information 452 technology resources associated with such services which would 453 need to be transferred as a result of such services being 454 delivered and managed as enterprise information technology 455 services. 456 (m) Recommending any further agency computing facility or 457 data center consolidations into the state data center 458 established pursuant to s. 282.201. Such recommendations should 459 include the proposed timeline for the consolidation. 460 (n) In consultation with state agencies, proposing 461 methodology and approaches for identifying and collecting both 462 current and planned information technology expenditure data at 463 the state agency level. 464 (o) Adopting rules to administer this section. 465 (2) The Department of Financial Services, the Department of 466 Legal Affairs, and the Department of Agriculture and Consumer 467 Services are not subject to the standards, services, and 468 functions established by the Agency for State Technology under 469 this section. However: 470 (a) Each department may contract separately with the agency 471 to provide and perform any of such services and functions for 472 the department and shall adopt the standards established by the 473 agency pursuant to paragraphs (1)(b), (1)(c), and (1)(h) or 474 adopt alternative standards based on best practices or industry 475 standards. 476 (b) The Department of Financial Services, Department of 477 Legal Affairs and the Department of Agriculture and Consumer 478 Services are subject to the authority of the Agency for State 479 Technology under this section for any technology project whose 480 project scope affects another state agency and which has a total 481 project cost of $50 million or more funded in the General 482 Appropriations Act or under state law. This authority applies to 483 the specific technology project. 484 Section 5. Section 282.0055, Florida Statutes, is repealed. 485 Section 6. Section 282.0056, Florida Statutes, is repealed. 486 Section 7. Section 282.201, Florida Statutes, is amended to 487 read: 488 282.201 State data centersystem; agency duties and489limitations.—TheAstate data centersystem that includes all490primary data centers, other nonprimary data centers, and491computing facilities, and that provides an enterprise492information technology service as defined in s. 282.0041,is 493 established as a primary data center within the Agency for State 494 Technology and includes the facilities formerly known as the 495 Northwood Shared Resource Center and the Southwood Shared 496 Resource Center. 497 (1) INTENT.—The Legislature finds that the most efficient 498 and effective means of providing quality utility data processing 499 services to state agencies requires that computing resources be 500 concentrated in quality facilities that provide the proper 501 security, disaster recovery, infrastructure, and staff resources 502 to ensure that the state’s data is maintained reliably and 503 safely, and is recoverable in the event of a disaster. 504Efficiencies resulting from such consolidation include the505increased ability to leverage technological expertise and506hardware and software capabilities; increased savings through507consolidated purchasing decisions; and the enhanced ability to508deploy technology improvements and implement new policies509consistently throughout the consolidated organization.Unless 510 otherwise exempt by law, it is the intent of the Legislature 511 that all agency data centers and computing facilities be 512 consolidated into the statea primarydata center by 2019. 513 (2) STATE DATA CENTER DUTIES.—The state data center shall: 514 (a) Offer, develop, and support the services and 515 applications as provided in the service-level agreements 516 executed with its customer entities. 517 (b) Maintain the performance of the state data center, 518 which includes ensuring proper data backup, data backup 519 recovery, a disaster recovery plan, appropriate security, power, 520 cooling, fire suppression, and capacity. 521 (c) Develop a business continuity plan and a disaster 522 recovery plan, and conduct a live exercise of these plans at 523 least annually. 524 (d) Enter into a service level agreement with each customer 525 entity to provide the required type and level of service or 526 services. If a customer entity fails to execute an agreement 527 within 60 days after the commencement of a service, the state 528 data center may cease service. A service level agreement may not 529 have a term exceeding 3 years and at a minimum must: 530 1. Identify the parties and their roles, duties, and 531 responsibilities under the agreement. 532 2. State the duration of the contractual term and specify 533 the conditions for renewal. 534 3. Identify the scope of work. 535 4. Identify the products or services to be delivered with 536 sufficient specificity to permit an external financial or 537 performance audit. 538 5. Establish the services to be provided, the business 539 standards that must be met for each service, the cost of each 540 service, and the metrics and processes by which the business 541 standards for each service are to be objectively measured and 542 reported. 543 6. Provide a timely billing methodology for recovering the 544 cost of services provided to the customer entity pursuant to s. 545 215.422. 546 7. Provide a procedure for modifying the service level 547 agreement based on changes in the type, level, and cost of a 548 service. 549 8. Provide that a service level agreement may be terminated 550 by either party for cause only after giving the other party and 551 the Agency for State Technology notice in writing of the cause 552 for termination and an opportunity for the other party to 553 resolve the identified cause within a reasonable period. 554 9. Provide for the mediation of disputes by the Division of 555 Administrative Hearings pursuant to s. 120.573. 556 (e) Be the custodian of resources and equipment that are 557 located, operated, supported, and managed by the state data 558 center for the purposes of chapter 273. 559 (f) Assume administrative access rights to the resources 560 and equipment, such as servers, network components, and other 561 devices that are consolidated into the state data center. 562 1. On the date of each consolidation specified in this 563 section, the General Appropriations Act, or the Laws of Florida, 564 each state agency shall relinquish all administrative rights to 565 such resources and equipment. State agencies required to comply 566 with federal security regulations and policies shall retain 567 administrative access rights sufficient to comply with the 568 management control provisions of those regulations and policies; 569 however, the state data center shall have the appropriate type 570 or level of rights to allow the center to comply with its duties 571 pursuant to this section. The Department of Law Enforcement 572 shall serve as the arbiter of any disputes which may arise 573 regarding the appropriate type and level of administrative 574 access rights relating to the provision of management control in 575 accordance with federal criminal justice information guidelines. 576 2. The state data center shall provide its customer 577 entities with access to applications, servers, network 578 components, and other devices necessary for state agencies to 579 perform business activities and functions, and as defined and 580 documented in the service level agreement. 581(2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.582The Agency for Enterprise Information Technology shall:583(a) Collect and maintain information necessary for584developing policies relating to the data center system,585including, but not limited to, an inventory of facilities.586(b) Annually approve cost-recovery mechanisms and rate587structures for primary data centers which recover costs through588charges to customer entities.589(c) By September 30 of each year, submit to the590Legislature, the Executive Office of the Governor, and the591primary data centers recommendations to improve the efficiency592and cost-effectiveness of computing services provided by state593data center system facilities. Such recommendations must594include, but need not be limited to:5951. Policies for improving the cost-effectiveness and596efficiency of the state data center system, which includes the597primary data centers being transferred to a shared, virtualized598server environment, and the associated cost savings resulting599from the implementation of such policies.6002. Infrastructure improvements supporting the consolidation601of facilities or preempting the need to create additional data602centers or computing facilities.6033. Uniform disaster recovery standards.6044. Standards for primary data centers which provide cost605effective services and transparent financial data to user606agencies.6075. Consolidation of contract practices or coordination of608software, hardware, or other technology-related procurements and609the associated cost savings.6106. Improvements to data center governance structures.611(d) By October 1 of each year, provide recommendations to612the Governor and Legislature relating to changes to the schedule613for the consolidations of state agency data centers as provided614in subsection (4).6151. The recommendations must be based on the goal of616maximizing current and future cost savings by:617a. Consolidating purchase decisions.618b. Leveraging expertise and other resources to gain619economies of scale.620c. Implementing state information technology policies more621effectively.622d. Maintaining or improving the level of service provision623to customer entities.6242. The agency shall establish workgroups as necessary to625ensure participation by affected agencies in the development of626recommendations related to consolidations.627(e) Develop and establish rules relating to the operation628of the state data center system which comply with applicable629federal regulations, including 2 C.F.R. part 225 and 45 C.F.R.630The rules must address:6311. Ensuring that financial information is captured and632reported consistently and accurately.6332. Identifying standards for hardware, including standards634for a shared, virtualized server environment, and operations635system software and other operational software, including636security and network infrastructure, for the primary data637centers; requiring compliance with such standards in order to638enable the efficient consolidation of the agency data centers or639computing facilities; and providing an exemption process from640compliance with such standards, which must be consistent with641paragraph (5)(b).6423. Requiring annual full cost recovery on an equitable643rational basis. The cost-recovery methodology must ensure that644no service is subsidizing another service and may include645adjusting the subsequent year’s rates as a means to recover646deficits or refund surpluses from a prior year.6474. Requiring that any special assessment imposed to fund648expansion is based on a methodology that apportions the649assessment according to the proportional benefit to each650customer entity.6515. Requiring that rebates be given when revenues have652exceeded costs, that rebates be applied to offset charges to653those customer entities that have subsidized the costs of other654customer entities, and that such rebates may be in the form of655credits against future billings.6566. Requiring that all service-level agreements have a657contract term of up to 3 years, but may include an option to658renew for up to 3 additional years contingent on approval by the659board, and require at least a 180-day notice of termination.660 (3) STATE AGENCY DUTIES.— 661 (a)For the purpose of completing the work activities662described in subsections (1) and (2),Each state agency shall 663 provide to the Agency for StateEnterpriseInformation 664 Technology all requested information relating to its data 665 centers and computing facilities and any other information 666 relevant to the effectiveagency’s ability to effectively667 transition of a state agency data center or computing facility 668its computer servicesinto the statea primarydata center.The669agency shall also participate as required in workgroups relating670to specific consolidation planning and implementation tasks as671assigned by the Agency for Enterprise Information Technology and672determined necessary to accomplish consolidation goals.673 (b) Each state agency customer of the statea primarydata 674 center shall notify the state data center, by May 31 and 675 November 30 of each year, of any significant changes in 676 anticipated useutilizationof data center services pursuant to 677 requirements established by the stateboards of trustees of each678primarydata center. 679 (4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.— 680 (a) Consolidations of agency data centers and computing 681 facilities shall be made by the date and to the specified state 682primarydata center facility as provided in this section and in 683 accordance with budget adjustments contained in the General 684 Appropriations Act. 685(b) By December 31, 2011, the following shall be686consolidated into the Northwest Regional Data Center:6871. The Department of Education’s Knott Data Center in the688Turlington Building.6892. The Department of Education’s Division of Vocational690Rehabilitation.6913. The Department of Education’s Division of Blind692Services, except for the division’s disaster recovery site in693Daytona Beach.6944. The FCAT Explorer.695(c) During the 2011-2012 fiscal year, the following shall696be consolidated into the Southwood Shared Resource Center:6971. By September 30, 2011, the Department of Corrections.6982. By March 31, 2012, the Department of Transportation’s699Burns Building.7003. By March 31, 2012, the Department of Transportation’s701Survey & Mapping Office.702(d) By July 1, 2012, the Department of Highway Safety and703Motor Vehicles’ Office of Commercial Vehicle Enforcement shall704be consolidated into the Northwood Shared Resource Center.705(e) By September 30, 2012, the Department of Revenue’s706Carlton Building and Imaging Center locations shall be707consolidated into the Northwest Regional Data Center.708(f) During the 2012-2013 fiscal year, the following shall709be consolidated into the Northwood Shared Resource Center:7101. By July 1, 2012, the Agency for Health Care711Administration.7122. By August 31, 2012, the Department of Highway Safety and713Motor Vehicles.7143. By December 31, 2012, the Department of Environmental715Protection’s Palmetto Commons.7164. By December 31, 2012, the Department of Health’s Test717and Development Lab and all remaining data center resources718located at the Capital Circle Office Complex.719(g) During the 2013-2014 fiscal year, the following shall720be consolidated into the Southwood Shared Resource Center:7211. By October 31, 2013, the Department of Economic722Opportunity.7232. By December 31, 2013, the Executive Office of the724Governor, to include the Division of Emergency Management except725for the Emergency Operation Center’s management system in726Tallahassee and the Camp Blanding Emergency Operations Center in727Starke.7283. By March 31, 2014, the Department of Elderly Affairs.729(h) By October 30, 2013, the Fish and Wildlife Conservation730Commission, except for the commission’s Fish and Wildlife731Research Institute in St. Petersburg, shall be consolidated into732the Northwood Shared Resource Center.733(i) During the 2014-2015fiscal year, the following734agencies shall work with the Agency for Enterprise Information735Technology to begin preliminary planning for consolidation into736a primary data center:7371. The Department of Health’s Jacksonville Lab Data Center.7382. The Department of Transportation’s district offices,739toll offices, and the District Materials Office.7403. The Department of Military Affairs’ Camp Blanding Joint741Training Center in Starke.7424. The Camp Blanding Emergency Operations Center in Starke.7435. The Department of Education’s Division of Blind Services744disaster recovery site in Daytona Beach.7456. The Department of Education’s disaster recovery site at746Santa Fe College.7477. The Fish and Wildlife Conservation Commission’s Fish and748Wildlife Research Institute in St. Petersburg.7498. The Department of Children and Family Services’ Suncoast750Data Center in Tampa.7519. The Department of Children and Family Services’ Florida752State Hospital in Chattahoochee.753(j) During the 2015-2016 fiscal year, all computing754resources remaining within an agency data center or computing755facility, to include the Department of Financial Services’756Hartman, Larson, and Fletcher Buildings data centers, shall be757transferred to a primary data center for consolidation unless758otherwise required to remain in the agency for specified759financial, technical, or business reasons that must be justified760in writing and approved by the Agency for Enterprise Information761Technology. Such data centers, computing facilities, and762resources must be identified by the Agency for Enterprise763Information Technology by October 1, 2014.764 (b)(k)The Department of Law Enforcement, the Department of 765 the Lottery’s Gaming System, Systems Design and Development in 766 the Office of Policy and Budget, the regional traffic management 767 centers and the Office of Toll Operations of the Department of 768 Transportation,andthe State Board of Administration, state 769 attorneys, public defenders, criminal conflict and civil 770 regional counsel, capital collateral regional counsel,the771Florida Clerks of Court Operations Corporation,and the Florida 772 Housing Finance Corporation are exempt from data center 773 consolidation under this section. 774 (c)(l)A stateAnyagency that is consolidating its agency 775 data center or computing facilitycentersinto the statea776primarydata center must execute a new or update an existing 777 service-level agreement within 60 days after the commencement of 778 servicespecified consolidation date, as required by s. 779 282.201(2)s.282.203, in order to specify the services and 780 levels of service it is to receive from the stateprimarydata 781 center as a result of the consolidation. If the stateanagency 782 and the stateprimarydata center are unable to execute a 783 service-level agreement by that date, the agencyand the primary784data centershall submit a report to the Executive Office of the 785 Governorand to the chairs of the legislative appropriations786committeeswithin 5 working days after that date which explains 787 the specific issues preventing execution and describing the plan 788 and schedule for resolving those issues. 789(m) Beginning September 1, 2011, and every 6 months790thereafter until data center consolidations are complete, the791Agency for Enterprise Information Technology shall provide a792status report on the implementation of the consolidations that793must be completed during the fiscal year. The report shall be794submitted to the Executive Office of the Governor and the chairs795of the legislative appropriations committees. The report must,796at a minimum, describe:7971. Whether the consolidation is on schedule, including798progress on achieving the milestones necessary for successful799and timely consolidation of scheduled agency data centers and800computing facilities.8012. The risks that may affect the progress or outcome of the802consolidation and how these risks are being addressed,803mitigated, or managed.804 (d)(n)Each state agency scheduledidentified in this805subsectionfor consolidation into the statea primarydata 806 center shall submit a transition plan to the Agency for State 807 Technologyappropriate primary data centerby July 1 of the 808 fiscal year before the fiscal year in which the scheduled 809 consolidation will occur. Transition plans shall be developed in 810 consultation with the stateappropriate primarydata center 811centers and theAgency for Enterprise Information Technology,812 and must include: 813 1. An inventory of the state agency data center’s resources 814 being consolidated, including all hardware and its associated 815 life cycle replacement schedule, software, staff, contracted 816 services, and facility resources performing data center 817 management and operations, security, backup and recovery, 818 disaster recovery, system administration, database 819 administration, system programming, job control, production 820 control, print, storage, technical support, help desk, and 821 managed services, but excluding application development, and the 822 state agency’s costs supporting these resources. 823 2. A list of contracts in effect, including, but not 824 limited to, contracts for hardware, software, and maintenance, 825 which identifies the expiration date, the contract parties, and 826 the cost of each contract. 827 3. A detailed description of the level of services needed 828 to meet the technical and operational requirements of the 829 platforms being consolidated. 8304. A description of resources for computing services831proposed to remain in the department.832 4.5.A timetable with significant milestones for the 833 completion of the consolidation. 834(o) Each primary data center shall develop a transition835plan for absorbing the transfer of agency data center resources836based upon the timetables for transition as provided in this837subsection. The plan shall be submitted to the Agency for838Enterprise Information Technology, the Executive Office of the839Governor, and the chairs of the legislative appropriations840committees by September 1 of the fiscal year before the fiscal841year in which the scheduled consolidations will occur. Each plan842must include:8431. The projected cost to provide data center services for844each agency scheduled for consolidation.8452. A staffing plan that identifies the projected staffing846needs and requirements based on the estimated workload847identified in the agency transition plan.8483. The fiscal year adjustments to budget categories in849order to absorb the transfer of agency data center resources850pursuant to the legislative budget request instructions provided851in s. 216.023.8524. An analysis of the cost effects resulting from the853planned consolidations on existing agency customers.8545. A description of any issues that must be resolved in855order to accomplish as efficiently and effectively as possible856all consolidations required during the fiscal year.857 (e)(p)Each state agency scheduledidentified in this858subsectionfor consolidation into the statea primarydata 859 center shall submit with its respective legislative budget 860 request the specific recurring and nonrecurring budget 861 adjustments of resources by appropriation category into the 862 appropriate data processing category pursuant to the legislative 863 budget request instructions in s. 216.023. 864 (5) AGENCY LIMITATIONS.— 865 (a) Unless exempt from state data center consolidation 866 pursuant to this section, authorized by the Legislature, or as 867 provided in paragraphparagraphs(b)and (c), a state agency may 868 not: 869 1. Create a new computing facility or data center, or 870 expand the capability to support additional computer equipment 871 in an existing state agency computing facility ornonprimary872 data center; 873 2. Spend funds before the state agency’s scheduled 874 consolidation into the statea primarydata center to purchase 875 or modify hardware or operations software that does not comply 876 withhardware and softwarestandards established by the Agency 877 for StateEnterprise InformationTechnologypursuant to878paragraph (2)(e) for the efficient consolidation of the agency879data centers or computing facilities; 880 3. Transfer existing computer services to any data center 881 other than the statea primarydata center; 882 4. Terminate services with the statea primarydata center 883or transfer services between primary data centerswithout giving 884 written notice of intent to terminateor transferservices180 885 days before such terminationor transfer; or 886 5. Initiate a new computer service except with the statea887primarydata center. 888 (b) Exceptions to the limitations in subparagraphs (a)1., 889 2., 3., and 5. may be granted by the Agency for StateEnterprise890InformationTechnology if there is insufficient capacity in the 891 statea primarydata center to absorb the workload associated 892 with agency computing services, if expenditures are compatible 893 withthe scheduled consolidation andthe standards established 894 pursuant to s. 282.0051paragraph (2)(e), or if the equipment or 895 resources are needed to meet a critical agency business need 896 that cannot be satisfied byfrom surplus equipment or resources897ofthe stateprimarydata centeruntil the agency data center is898consolidated. The Agency for State Technology shall develop and 899 publish the guidelines and required documentation that a state 900 agency must comply with when requesting an exception. The 901 agency’s decision regarding the exception request is not subject 902 to chapter 120. 9031. A request for an exception must be submitted in writing904to the Agency for Enterprise Information Technology. The agency905must accept, accept with conditions, or deny the request within90660 days after receipt of the written request. The agency’s907decision is not subject to chapter 120.9082. At a minimum, the agency may not approve a request909unless it includes:910a. Documentation approved by the primary data center’s911board of trustees which confirms that the center cannot meet the912capacity requirements of the agency requesting the exception913within the current fiscal year.914b. A description of the capacity requirements of the agency915requesting the exception.916c. Documentation from the agency demonstrating why it is917critical to the agency’s mission that the expansion or transfer918must be completed within the fiscal year rather than when919capacity is established at a primary data center.920(c) Exceptions to subparagraph (a)4. may be granted by the921board of trustees of the primary data center if the termination922or transfer of services can be absorbed within the current cost923allocation plan.924(d) Upon the termination of or transfer of agency computing925services from the primary data center, the primary data center926shall require information sufficient to determine compliance927with this section. If a primary data center determines that an928agency is in violation of this section, it shall report the929violation to the Agency for Enterprise Information Technology.930(6) RULES.—The Agency for Enterprise Information Technology931may adopt rules to administer this part relating to the state932data center system including the primary data centers.933 Section 8. Section 282.203, Florida Statutes, is repealed. 934 Section 9. Section 282.204, Florida Statutes, is repealed. 935 Section 10. Section 282.205, Florida Statutes, is repealed. 936 Section 11. Section 282.318, Florida Statutes, is amended 937 to read: 938 282.318 Enterprise security of data and information 939 technology.— 940 (1) This section may be cited as the “Enterprise Security 941 of Data and Information Technology Act.” 942(2) Information technology security is established as an943enterprise information technology service as defined in s.944282.0041.945 (2)(3)The Agency for StateEnterprise Information946 Technology is responsible for establishing standards, 947 guidelines, and processes by rule which are consistent with 948 generally accepted best practices for information security and 949 which ensurerules and publishing guidelines for ensuringan 950 appropriate level of security for all data and information 951 technology resources for executive branch agencies. The agency 952 shall alsoperform the following duties and responsibilities: 953 (a) By June 30, 2015, develop,and annually update a 954 statewideby February 1, an enterpriseinformation security 955 strategic plan that includes security goals and objectives for 956 the strategic issues of information security policy, risk 957 management, training, incident management, and survivability 958 planning. 959 (b) Develop and publish an information security framework 960 for use by state agencies which, at a minimum, includes 961 guidelines and processesenterprise security rules and published962guidelinesfor: 963 1. Developing and using a risk assessment methodology that 964 will apply to state agencies to identify the priorities, 965 constraints, risk tolerance, and assumptions. 966 2.1.Completing comprehensive risk assessmentsanalysesand 967 information security audits. Such assessments and audits shall 968 be conducted by state agencies and reviewed by the Agency for 969 State Technologyconducted by state agencies. 970 3. Identifying protection procedures to manage the 971 protection of a state agency’s information, data, and 972 information technology resources. 973 4. Detecting threats through proactive monitoring of 974 events, continuous security monitoring, and specified detection 975 processes. 976 5.2.Responding tosuspected or confirmedinformation 977 technology security incidents, includingsuspected or confirmed978 breaches of personal information containing confidential or 979 exempt data. 980 6.3.Developing state agency strategic and operational 981 information security plans required under this section,982including strategic security plans and security program plans. 983 7.4.RecoveringThe recovery ofinformation technology and 984 data in response to a security incidentfollowing a disaster. 985 The recovery may include recommended improvements to the 986 processes, policies, or guidelines. 987 8.5.EstablishingThemanagerial, operational, and 988 technical safeguards for protecting state government data and 989 information technology resources which align with state agency 990 risk management strategies for protecting the confidentiality, 991 integrity, and availability of information technology and data. 992 9. Establishing procedures for accessing information 993 technology resources and data in order to limit authorized 994 users, processes, or devices to authorized activities and 995 transactions. 996 10. Establishing asset management procedures to ensure that 997 information technology resources are identified and consistently 998 managed with their relative importance to business objectives. 999 (c) Assist state agencies in complying withthe provisions1000ofthis section. 1001(d) Pursue appropriate funding for the purpose of enhancing1002domestic security.1003 (d)(e)In collaboration with the Cybercrime Office in the 1004 Department of Law Enforcement, provide training for state agency 1005 information security managers. 1006 (e)(f)Annually review the strategic and operational 1007 information security plans of stateexecutive branchagencies. 1008 (3)(4)To assist the Agency for Enterprise Information1009Technology in carrying out its responsibilities,Each state 1010 agency head shall, at a minimum: 1011 (a) Designate an information security manager who, for the 1012 purposes of his or her information technology security duties, 1013 shall report to the agency head and shalltoadminister the 1014 information technology security program of the agencyfor its1015data and information technology resources. This designation must 1016 be provided annually in writing to the Agency for State 1017Enterprise InformationTechnology by January 1. 1018 (b) Submit annually to the Agency for StateEnterprise1019InformationTechnologyannuallyby July 31, the state agency’s 1020 strategic and operational information security plans developed 1021 pursuant to the rules and guidelines established by the Agency 1022 for StateEnterprise InformationTechnology. 1023 1. The state agency strategic information security plan 1024 must cover a 3-year period and, at a minimum, define security 1025 goals, intermediate objectives, and projected agency costs for 1026 the strategic issues of agency information security policy, risk 1027 management, security training, security incident response, and 1028 survivability. The plan must be based on the statewide 1029enterprise strategicinformation security strategic plan created 1030 by the Agency for StateEnterprise InformationTechnology and 1031 include performance metrics that can be objectively measured in 1032 order to gauge the state agency’s progress in meeting the 1033 security goals and objectives identified in the strategic 1034 information security plan.Additional issues may be included.1035 2. The state agency operational information security plan 1036 must include a progress report that objectively measures 1037 progress made towardforthe prior operational information 1038 security plan and a project plan that includes activities, 1039 timelines, and deliverables for security objectives that,1040subject to current resources,the state agency will implement 1041 during the current fiscal year.The cost of implementing the1042portions of the plan which cannot be funded from current1043resources must be identified in the plan.1044 (c) Conduct, and update every 3 years, a comprehensive risk 1045 assessmentanalysisto determine the security threats to the 1046 data, information, and information technology resources of the 1047 state agency. The risk assessment must comply with the risk 1048 assessment methodology developed by the Agency for State 1049 Technology. The risk assessmentanalysis informationis 1050 confidential and exempt fromthe provisions ofs. 119.07(1), 1051 except that such information shall be available to the Auditor 1052 General,andthe Agency for StateEnterprise Information1053 Technology, and the Cybercrime Office in the Department of Law 1054 Enforcementfor performing postauditing duties. 1055 (d) Develop, and periodically update, written internal 1056 policies and procedures, which include proceduresfor reporting 1057 information technology security incidents and breaches to the 1058 Cybercrime Office in the Department of Law Enforcement and 1059notifyingthe Agency for StateEnterprise InformationTechnology 1060when a suspected or confirmed breach, or an information security1061incident, occurs. Such policies and procedures must be 1062 consistent with the rules,andguidelines, and processes 1063 established by the Agency for StateEnterprise Information1064 Technology to ensure the security of the data, information, and 1065 information technology resources of the state agency. The 1066 internal policies and procedures that, if disclosed, could 1067 facilitate the unauthorized modification, disclosure, or 1068 destruction of data or information technology resources are 1069 confidential information and exempt from s. 119.07(1), except 1070 that such information shall be available to the Auditor General, 1071 the Cybercrime Office in the Department of Law Enforcement, and 1072 the Agency for StateEnterprise InformationTechnologyfor1073performing postauditing duties. 1074 (e) Implement the managerial, operational, and technical 1075appropriate cost-effectivesafeguards established by the Agency 1076 for State Technology to address identified risks to the data, 1077 information, and information technology resources of the agency. 1078 (f) Ensure that periodic internal audits and evaluations of 1079 the agency’s security program for the data, information, and 1080 information technology resources of the agency are conducted. 1081 The results of such audits and evaluations are confidential 1082informationand exempt from s. 119.07(1), except that such 1083 information shall be available to the Auditor General, the 1084 Cybercrime Office in the Department of Law Enforcement, and the 1085 Agency for StateEnterprise InformationTechnologyfor1086performing postauditing duties. 1087 (g) Include appropriate security requirements in the 1088 written specifications for the solicitation of information 1089 technology and information technology resources and services, 1090 which are consistent with the rules and guidelines established 1091 by the Agency for StateEnterprise InformationTechnology in 1092 collaboration with the department. 1093 (h) Require that state agency employees complete the 1094 security awareness training offered by the Agency for State 1095 Technology in collaboration with the Cybercrime Office in the 1096 Department of Law Enforcement. Coordinate with state agencies to 1097 provide agency-specific security training aligned with the 1098 agency operational information security plan.Provide security1099awareness training to employees and users of the agency’s1100communication and information resources concerning information1101security risks and the responsibility of employees and users to1102comply with policies, standards, guidelines, and operating1103procedures adopted by the agency to reduce those risks.1104 (i) Develop processesa processfor detecting, reporting, 1105 and responding to informationsuspected or confirmedsecurity 1106 threats or breaches or security incidents which are, including1107suspected or confirmed breachesconsistent with the security 1108 rules,andguidelines, and processes established by the Agency 1109 for StateEnterprise InformationTechnology. 1110 1. AllSuspected or confirmedinformation technology 1111 security incidents and breaches must beimmediatelyreported to 1112 the Cybercrime Office in the Department of Law Enforcement and 1113 the Agency for StateEnterprise InformationTechnology. 1114 2. For information technology securityincidents involving1115 breaches, agencies shall provide notice in accordance with s. 1116 817.5681and to the Agency for Enterprise Information Technology1117in accordance with this subsection. 1118(5) Each state agency shall include appropriate security1119requirements in the specifications for the solicitation of1120contracts for procuring information technology or information1121technology resources or services which are consistent with the1122rules and guidelines established by the Agency for Enterprise1123Information Technology.1124 (4)(6)The Agency for StateEnterprise Information1125 Technology may adopt rules relating to information security and 1126 to administerthe provisions ofthis section. 1127 Section 12. Section 282.33, Florida Statutes, is repealed. 1128 Section 13. Effective upon this act becoming a law, section 1129 282.34, Florida Statutes, is repealed. 1130 Section 14. Subsections (1) and (2) of section 17.0315, 1131 Florida Statutes, are amended to read: 1132 17.0315 Financial and cash management system; task force.— 1133 (1) The Chief Financial Officer, as the constitutional 1134 officer responsible for settling and approving accounts against 1135 the state and keeping all state funds pursuant to s. 4, Art. IV 1136 of the State Constitution, isshall bethe head of and shall 1137 appoint members to a task force established to develop a 1138 strategic business plan for a successor financial and cash 1139 management system. The task force shall include the executive 1140 director of the Agency for StateEnterprise Information1141 Technology and the director of the Office of Policy and Budget 1142 in the Executive Office of the Governor. Any member of the task 1143 force may appoint a designee. 1144 (2) The strategic business plan for a successor financial 1145 and cash management system must: 1146 (a) Permit proper disbursement and auditing controls 1147 consistent with the respective constitutional duties of the 1148 Chief Financial Officer and the Legislature; 1149 (b) Promote transparency in the accounting of public funds; 1150 (c) Provide timely and accurate recording of financial 1151 transactions by agencies and their professional staffs; 1152 (d) Support executive reporting and data analysis 1153 requirements; 1154 (e) Be capable of interfacing with other systems providing 1155 human resource services, procuring goods and services, and 1156 providing other enterprise functions; 1157 (f) Be capable of interfacing with the existing legislative 1158 appropriations, planning, and budgeting systems; 1159 (g) Be coordinated with the information technology strategy 1160 development efforts of the Agency for StateEnterprise1161InformationTechnology; 1162 (h) Be coordinated with the revenue estimating conference 1163 process as supported by the Office of Economic and Demographic 1164 Research; and 1165 (i) Address other such issues as the Chief Financial 1166 Officer identifies. 1167 Section 15. Subsection (1) of section 20.055, Florida 1168 Statutes, is reordered and amended to read: 1169 20.055 Agency inspectors general.— 1170 (1) As used inFor the purposes ofthis section, the term: 1171 (d)(a)“State agency” means each department created 1172 pursuant to this chapter,andalso includesthe Executive Office 1173 of the Governor, the Department of Military Affairs, the Fish 1174 and Wildlife Conservation Commission, the Office of Insurance 1175 Regulation of the Financial Services Commission, the Office of 1176 Financial Regulation of the Financial Services Commission, the 1177 Public Service Commission, the Board of Governors of the State 1178 University System, the Florida Housing Finance Corporation, the 1179 Agency for State Technology, and the state courts system. 1180 (a)(b)“Agency head” means the Governor, a Cabinet officer, 1181 a secretaryas defined in s. 20.03(5),oranexecutive director 1182 as those terms are defined in s. 20.03,20.03(6). It also1183includesthe chair of the Public Service Commission, the 1184 Director of the Office of Insurance Regulation of the Financial 1185 Services Commission, the Director of the Office of Financial 1186 Regulation of the Financial Services Commission, the board of 1187 directors of the Florida Housing Finance Corporation, and the 1188 Chief Justice of the State Supreme Court. 1189 (c) “Individuals substantially affected” means natural 1190 persons who have established a real and sufficiently immediate 1191 injury in fact due to the findings, conclusions, or 1192 recommendations of a final report of a state agency inspector 1193 general, who are the subject of the audit or investigation, and 1194 who do not have or are not currently afforded an existing right 1195 to an independent review process. The term does not apply to 1196 employees of the state, including career service, probationary, 1197 other personal service, Selected Exempt Service, and Senior 1198 Management Service employees;, are not covered by this1199definition. This definition also does not coverformer employees 1200 of the state if the final report of the state agency inspector 1201 general relates to matters arising during a former employee’s 1202 term of state employment; or. This definition does not apply to1203 persons who are the subject of audits or investigations 1204 conducted pursuant to ss. 112.3187-112.31895 or s. 409.913 or 1205 which are otherwise confidential and exempt under s. 119.07. 1206 (b)(d)“Entities contracting with the state” means for 1207 profit and not-for-profit organizations or businesses that have 1208havinga legal existence, such as corporations or partnerships, 1209 as opposed to natural persons, which have entered into a 1210 relationship with a state agencyas defined in paragraph (a)to 1211 provide for consideration certain goods or services to the state 1212 agency or on behalf of the state agency. The relationship may be 1213 evidenced by payment by warrant or purchasing card, contract, 1214 purchase order, provider agreement, or other such mutually 1215 agreed upon relationship. The termThis definitiondoes not 1216 apply to entities thatwhichare the subject of audits or 1217 investigations conducted pursuant to ss. 112.3187-112.31895 or 1218 s. 409.913 or which are otherwise confidential and exempt under 1219 s. 119.07. 1220 Section 16. Paragraph (e) of subsection (2) of section 1221 110.205, Florida Statutes, is amended to read: 1222 110.205 Career service; exemptions.— 1223 (2) EXEMPT POSITIONS.—The exempt positions that are not 1224 covered by this part include the following: 1225 (e) The Chief Information Officer in the Agency for State 1226Enterprise InformationTechnology. Unless otherwise fixed by 1227 law, the Agency for StateEnterprise InformationTechnology 1228 shall set the salary and benefits of this position in accordance 1229 with the rules of the Senior Management Service. 1230 Section 17. Subsections (2) and (9) of section 215.322, 1231 Florida Statutes, are amended to read: 1232 215.322 Acceptance of credit cards, charge cards, debit 1233 cards, or electronic funds transfers by state agencies, units of 1234 local government, and the judicial branch.— 1235 (2) A state agency as defined in s. 216.011, or the 1236 judicial branch, may accept credit cards, charge cards, debit 1237 cards, or electronic funds transfers in payment for goods and 1238 services with the prior approval of the Chief Financial Officer. 1239 If the Internet or other related electronic methods are to be 1240 used as the collection medium, the Agency for StateEnterprise1241InformationTechnology shall review and recommend to the Chief 1242 Financial Officer whether to approve the request with regard to 1243 the process or procedure to be used. 1244 (9) For payment programs in which credit cards, charge 1245 cards, or debit cards are accepted by state agencies, the 1246 judicial branch, or units of local government, the Chief 1247 Financial Officer, in consultation with the Agency for State 1248Enterprise InformationTechnology, may adopt rules to establish 1249 uniform security safeguards for cardholder data and to ensure 1250 compliance with the Payment Card Industry Data Security 1251 Standards. 1252 Section 18. Subsection (2) of section 215.96, Florida 1253 Statutes, is amended to read: 1254 215.96 Coordinating council and design and coordination 1255 staff.— 1256 (2) The coordinating council shall consist of the Chief 1257 Financial Officer; the Commissioner of Agriculture; the Attorney 1258 General; the secretary of the Department of Management Services; 1259 the executive director of the Agency for State Technologythe1260Attorney General; and the Director of Planning and Budgeting, 1261 Executive Office of the Governor, or their designees. The Chief 1262 Financial Officer, or his or her designee, shall be chair of the 1263coordinatingcouncil, and the design and coordination staff 1264 shall provide administrative and clerical support to the council 1265 and the board. The design and coordination staff shall maintain 1266 the minutes of each meeting andshallmake such minutes 1267 available to any interested person. The Auditor General, the 1268 State Courts Administrator, an executive officer of the Florida 1269 Association of State Agency Administrative Services Directors, 1270 and an executive officer of the Florida Association of State 1271 Budget Officers, or their designees, shall serve without voting 1272 rights as ex officio members ofonthecoordinatingcouncil. The 1273 chair may call meetings of thecoordinatingcouncil as often as 1274 necessary to transact business; however, thecoordinating1275 council mustshallmeet at least annuallyonce a year. Action of 1276 thecoordinatingcouncil shall be by motion, duly made, seconded 1277 and passed by a majority of thecoordinatingcouncil voting in 1278 the affirmative for approval of items that are to be recommended 1279 for approval to the Financial Management Information Board. 1280 Section 19. Paragraph (a) of subsection (4) of section 1281 216.023, Florida Statutes, is amended to read: 1282 216.023 Legislative budget requests to be furnished to 1283 Legislature by agencies.— 1284 (4)(a) The legislative budget requestmust containfor each 1285 program must contain: 1286 1. The constitutional or statutory authority for a program, 1287 a brief purpose statement, and approved program components. 1288 2. Information on expenditures for 3 fiscal years (actual 1289 prior-year expenditures, current-year estimated expenditures, 1290 and agency budget requested expenditures for the next fiscal 1291 year) by appropriation category. 1292 3. Details on trust funds and fees. 1293 4. The total number of positions (authorized, fixed, and 1294 requested). 1295 5. An issue narrative describing and justifying changes in 1296 amounts and positions requested for current and proposed 1297 programs for the next fiscal year. 1298 6. Information resource requests. 1299 7. Supporting information, including applicable cost 1300 benefit analyses, business case analyses, performance 1301 contracting procedures, service comparisons, and impacts on 1302 performance standards for any request to outsource or privatize 1303 agency functions. The cost-benefit and business case analyses 1304 must include an assessment of the impact on each affected 1305 activity from those identified in accordance with paragraph (b). 1306 Performance standards must include standards for each affected 1307 activity and be expressed in terms of the associated unit of 1308 activity. 1309 8. An evaluation ofanymajor outsourcing and privatization 1310 initiatives undertaken during the last 5 fiscal years having 1311 aggregate expenditures exceeding $10 million during the term of 1312 the contract. The evaluation mustshallinclude an assessment of 1313 contractor performance, a comparison of anticipated service 1314 levels to actual service levels, and a comparison of estimated 1315 savings to actual savings achieved. Consolidated reports issued 1316 by the Department of Management Services may be used to satisfy 1317 this requirement. 1318 9. Supporting information for any proposed consolidated 1319 financing of deferred-payment commodity contracts including 1320 guaranteed energy performance savings contracts. Supporting 1321 information must also include narrative describing and 1322 justifying the need, baseline for current costs, estimated cost 1323 savings, projected equipment purchases, estimated contract 1324 costs, and return on investment calculation. 1325 10. For projects that exceed $10 million in total cost, the 1326 statutory reference of the existing policy or the proposed 1327 substantive policy that establishes and defines the project’s 1328 governance structure, planned scope, main business objectives 1329 that must be achieved, and estimated completion timeframes. The 1330 governance structure for information technology-related projects 1331 requested by a state agency must incorporate the applicable 1332 project management and oversight standards established under s. 1333 282.0051. Information technology budget requests for the 1334 continuance of existing hardware and software maintenance 1335 agreements, renewal of existing software licensing agreements, 1336 or the replacement of desktop units with new technology that is 1337 similar to the technology currently in use are exempt from this 1338 requirement. 1339 Section 20. Subsection (22) of section 287.057, Florida 1340 Statutes, is amended to read: 1341 287.057 Procurement of commodities or contractual 1342 services.— 1343 (22) The department, in consultation with the Chief 1344 Financial Officer and the Agency for State Technology, shall 1345 maintain a program for the online procurement of commodities and 1346 contractual services. To enable the state to promote open 1347 competition and leverage its buying power, agencies shall 1348 participate in the online procurement program, and eligible 1349 users may participate in the program. Only vendors prequalified 1350 as meeting mandatory requirements and qualifications criteria 1351 may participate in online procurement. 1352 (a) The department, in consultation with the Agency for 1353 State Technology, may contract for equipment and services 1354 necessary to develop and implement online procurement. 1355 (b) The department shall adopt rules to administer the 1356 program for online procurement. The rules must include, but not 1357 be limited to: 1358 1. Determining the requirements and qualification criteria 1359 for prequalifying vendors. 1360 2. Establishing the procedures for conducting online 1361 procurement. 1362 3. Establishing the criteria for eligible commodities and 1363 contractual services. 1364 4. Establishing the procedures for providing access to 1365 online procurement. 1366 5. Determining the criteria warrantinganyexceptions to 1367 participation in the online procurement program. 1368 (c) The department may impose and shall collect all fees 1369 for the use of the online procurement systems. 1370 1. The fees may be imposed on an individual transaction 1371 basis or as a fixed percentage of the cost savings generated. At 1372 a minimum, the fees must be set in an amount sufficient to cover 1373 the projected costs of the services, including administrative 1374 and project service costs in accordance with the policies of the 1375 department. 1376 2. If the department contracts with a provider for online 1377 procurement, the department, pursuant to appropriation, shall 1378 compensate the provider from the fees after the department has 1379 satisfied all ongoing costs. The provider shall report 1380 transaction data to the department each month so that the 1381 department may determine the amount due and payable to the 1382 department from each vendor. 1383 3. All fees that are due and payable to the state on a 1384 transactional basis or as a fixed percentage of the cost savings 1385 generated are subject to s. 215.31 and must be remitted within 1386 40 days after receipt of payment for which the fees are due. For 1387 fees that are not remitted within 40 days, the vendor shall pay 1388 interest at the rate established under s. 55.03(1) on the unpaid 1389 balance from the expiration of the 40-day period until the fees 1390 are remitted. 1391 4. All fees and surcharges collected under this paragraph 1392 shall be deposited in the Operating Trust Fund as provided by 1393 law. 1394 Section 21. Subsection (4) of section 445.011, Florida 1395 Statutes, is amended to read: 1396 445.011 Workforce information systems.— 1397 (4) Workforce Florida, Inc., shall coordinate development 1398 and implementation of workforce information systems with the 1399 executive director of the Agency for StateEnterprise1400InformationTechnology to ensure compatibility with the state’s 1401 information system strategy and enterprise architecture. 1402 Section 22. Subsections (2) and (4) of section 445.045, 1403 Florida Statutes, are amended to read: 1404 445.045 Development of an Internet-based system for 1405 information technology industry promotion and workforce 1406 recruitment.— 1407 (2) Workforce Florida, Inc., shall coordinate with the 1408 Agency for StateEnterprise InformationTechnology and the 1409 Department of Economic Opportunity to ensure links, where 1410 feasible and appropriate, to existing job information websites 1411 maintained by the state and state agencies andto ensurethat 1412 information technology positions offered by the state and state 1413 agencies are posted on the information technology website. 1414 (4)(a) Workforce Florida, Inc., shall coordinate 1415 development and maintenance of the website under this section 1416 with the executive director of the Agency for StateEnterprise1417InformationTechnology to ensure compatibility with the state’s 1418 information system strategy and enterprise architecture. 1419 (b) Workforce Florida, Inc., may enter into an agreement 1420 with the Agency for StateEnterprise InformationTechnology, the 1421 Department of Economic Opportunity, or any other public agency 1422 with the requisite information technology expertise for the 1423 provision of design, operating, or other technological services 1424 necessary to develop and maintain the website. 1425 (c) Workforce Florida, Inc., may procure services necessary 1426 to implementthe provisions ofthis section,if it employs 1427 competitive processes, including requests for proposals, 1428 competitive negotiation, and other competitive processes thatto1429 ensure that the procurement results in the most cost-effective 1430 investment of state funds. 1431 Section 23. Paragraph (b) of subsection (18) of section 1432 668.50, Florida Statutes, is amended to read: 1433 668.50 Uniform Electronic Transaction Act.— 1434 (18) ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY 1435 GOVERNMENTAL AGENCIES.— 1436 (b) To the extent that a governmental agency uses 1437 electronic records and electronic signatures under paragraph 1438 (a), the Agency for StateEnterprise InformationTechnology, in 1439 consultation with the governmental agency, giving due 1440 consideration to security, may specify: 1441 1. The manner and format in which the electronic records 1442 must be created, generated, sent, communicated, received, and 1443 stored and the systems established for those purposes. 1444 2. If electronic records must be signed by electronic 1445 means, the type of electronic signature required, the manner and 1446 format in which the electronic signature must be affixed to the 1447 electronic record, and the identity of, or criteria that must be 1448 met by, any third party used by a person filing a document to 1449 facilitate the process. 1450 3. Control processes and procedures as appropriate to 1451 ensure adequate preservation, disposition, integrity, security, 1452 confidentiality, and auditability of electronic records. 1453 4. Any other required attributes for electronic records 1454 which are specified for corresponding nonelectronic records or 1455 reasonably necessary under the circumstances. 1456 Section 24. Section 943.0415, Florida Statutes, is amended 1457 to read: 1458 943.0415 Cybercrime Office.—The Cybercrime OfficeThereis 1459 created within the Department of Law Enforcementthe Cybercrime1460Office. The office may: 1461 (1) Investigate violations of state law pertaining to the 1462 sexual exploitation of children which are facilitated by or 1463 connected to the use of any device capable of storing electronic 1464 data. 1465 (2) Monitor information technology resources and provide 1466 analysis on information technology security incidents, threats, 1467 or breaches as those terms are defined in s. 282.0041. 1468 (3) Investigate violations of state law pertaining to 1469 information technology security incidents, threats, or breaches 1470 pursuant to s. 282.0041 and assist in incident response and 1471 recovery. 1472 (4) Provide security awareness training and information to 1473 state agency employees concerning cyber security, online sexual 1474 exploitation of children, security risks, and the responsibility 1475 of employees to comply with policies, standards, guidelines, and 1476 operating procedures adopted by the Agency for State Technology. 1477 (5) Consult with the Agency for State Technology in the 1478 adoption of rules relating to the information technology 1479 security provisions of s. 282.318. 1480 Section 25. Section 1004.649, Florida Statutes, is amended 1481 to read: 1482 1004.649 Northwest Regional Data Center.— 1483 (1) For the purpose of providing data center services to 1484servingits state agency customers, the Northwest Regional Data 1485 Center at Florida State University is designated as a primary 1486 data center and shall: 1487 (a) Operate under a governance structure that represents 1488 its customers proportionally. 1489 (b) Maintain an appropriate cost-allocation methodology 1490 that accurately bills state agency customers based solely on the 1491 actual direct and indirect costs of the services provided to 1492 state agency customers, and ensures that for any fiscal year a 1493 state agency customer is not subsidizing aprohibits the1494subsidization ofnonstate agency customer or another state 1495 agency customercustomers’ costs by state agency customers. Such 1496 cost-allocation methodology must comply with applicable state 1497 and federal requirements concerning the distribution and use of 1498 state and federal funds. 1499 (c) Enter into a service-level agreement with each state 1500 agency customer to provide services as defined and approved by 1501 the governing board of the center. At a minimum, such service 1502 level agreements must: 1503 1. Identify the parties and their roles, duties, and 1504 responsibilities under the agreement; 1505 2. State the duration of the agreement term and specify the 1506 conditions for renewal; 1507 3. Identify the scope of work; 1508 4. Establish the services to be provided, the business 1509 standards that must be met for each service, the cost of each 1510 service, and the process by which the business standards for 1511 each service are to be objectively measured and reported; 1512 5. Provide a timely billing methodology for recovering the 1513 cost of services provided pursuant to s. 215.422;and1514 6. Provide a procedure for modifying the service-level 1515 agreement to address any changes in projected costs of service; 1516 7. Prohibit the transfer of computing services between the 1517 Northwest Regional Data Center and the state data center 1518 established under s. 282.201 without at least 180 days’ notice 1519 of service cancellation; 1520 8. Identify the products or services to be delivered with 1521 sufficient specificity to permit an external financial or 1522 performance audit; and 1523 9. Provide that the service-level agreement may be 1524 terminated by either party for cause only after giving the other 1525 party notice in writing of the cause for termination and an 1526 opportunity for the other party to resolve the identified cause 1527 within a reasonable period. 1528 (d) Provide to the Board of Governors the total annual 1529 budget by major expenditure category, including, but not limited 1530 to, salaries, expenses, operating capital outlay, contracted 1531 services, or other personnel services by July 30 each fiscal 1532 year. 1533 (e) Provide to each state agency customer its projected 1534 annual cost for providing the agreed-upon data center services 1535 by September 1 each fiscal year. 1536 (f) Provide a plan for consideration by the Legislative 1537 Budget Commission if the governing body of the center approves 1538 the use of a billing rate schedule after the start of the fiscal 1539 year that increases any state agency customer’s costs for that 1540 fiscal year. 1541 (2) The Northwest Regional Data Center’s designation as a 1542 primary data center for purposes of serving its state agency 1543 customers may be terminated if: 1544 (a) The center requests such termination to the Board of 1545 Governors, the Senate President, and the Speaker of the House of 1546 Representatives; or 1547 (b) The center fails to comply withthe provisions ofthis 1548 section. 1549 (3) If such designation is terminated, the center shall 1550 have 1 year to provide for the transition of its state agency 1551 customers to the state data center system established under s. 1552 282.201Southwood Shared Resource Center or the Northwood Shared1553Resource Center. 1554 Section 26. The Agency for Enterprise Information 1555 Technology in the Executive Office of the Governor is 1556 transferred by a type two transfer, pursuant to s. 20.06, 1557 Florida Statutes, to the Agency for State Technology established 1558 pursuant to s. 20.61, Florida Statutes, except that the only 1559 rules that are transferred are chapters 71A-1 and 71A-2, Florida 1560 Administrative Code. All other rules adopted by the Agency for 1561 Enterprise Information Technology are nullified and of no 1562 further force or effect. 1563 Section 27. The Northwood Shared Resource Center in the 1564 Department of Management Services is transferred by a type two 1565 transfer, pursuant to s. 20.06, Florida Statutes, to the Agency 1566 for State Technology established pursuant to s. 20.61, Florida 1567 Statutes. 1568 Section 28. The Southwood Shared Resource Center in the 1569 Department of Management Services is transferred by a type two 1570 transfer, pursuant to s. 20.06, Florida Statutes, to the Agency 1571 for State Technology established pursuant to s. 20.61, Florida 1572 Statutes. 1573 Section 29. The Agency for State Technology shall: 1574 (1) Complete a feasibility study that analyzes, evaluates, 1575 and provides recommendations for managing state government data 1576 in a manner that promotes its interoperability and openness and, 1577 if legally permissible and not cost prohibitive, ensures that 1578 such data is available to the public in ways that make the data 1579 easy to find and use, and complies with chapter 119, Florida 1580 Statutes. At a minimum, the feasibility study must include the 1581 following components: 1582 (a) A clear description of which state government data 1583 should be public information. The guiding principle for this 1584 component is a presumption of openness to the extent permitted 1585 by law but subject to valid restrictions relating to privacy, 1586 confidentiality, and security, and other fiscal and legal 1587 restrictions. 1588 (b) Recommended standards for making the format and 1589 accessibility of public information uniform and ensuring that 1590 such data is published in a nonproprietary, searchable, 1591 sortable, platform-independent, and machine-readable format. The 1592 agency should include the projected cost to state agencies of 1593 implementing and maintaining such standards. 1594 (c) A project plan for implementing a single Internet 1595 website that contains public information or links to public 1596 information. The plan should include a timeline and benchmarks 1597 for making public information available online and identify any 1598 costs associated with the development and ongoing maintenance of 1599 such a website. 1600 (d) A recommended governance structure and review and 1601 compliance process to ensure accountability on the part of those 1602 who create, maintain, manage, or store public information or 1603 post it on the single Internet website. The agency should 1604 include any associated costs to implement and maintain the 1605 recommended governance structure and the review and compliance 1606 process. 1607 (2) Submit the completed feasibility study to the Executive 1608 Office of the Governor, the President of the Senate, and the 1609 Speaker of the House of Representatives by June 1, 2015. 1610 Section 30. The State Data Center Task Force is created. 1611 The task force shall be comprised of those individuals who were 1612 members of the boards of trustees of the Northwood and Southwood 1613 Shared Resource Centers as of June 30, 2014. The purpose of the 1614 task force is to provide assistance in the transition of the 1615 Northwood and Southwood Shared Resource Centers into the state 1616 data center established under s. 282.201, Florida Statutes. The 1617 task force shall identify any operational or fiscal issues 1618 affecting the transition and provide recommendations to the 1619 Agency for State Technology for the resolution of such issues. 1620 The task force may not make decisions regarding the state data 1621 center or the facilities formerly known as the Northwood and 1622 Southwood Shared Resource Centers and shall expire on or before 1623 June 30, 2015. 1624 Section 31. For the 2014-2015 fiscal year, the sum of 1625 $2,134,892 in nonrecurring general revenue funds, $2,865,108 in 1626 recurring general revenue funds, and 25 full-time equivalent 1627 positions and associated salary rate of 2,010,951 are 1628 appropriated to the Agency for State Technology for the purpose 1629 of implementing and administering this act. 1630 Section 32. Except as otherwise expressly provided in this 1631 act and except for this section, which shall take effect upon 1632 this act becoming a law, this act shall take effect July 1, 1633 2014.