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       Florida Senate - 2010                             CS for SB 2020
       
       
       
       By the Policy and Steering Committee on Ways and Means; and
       Senator Alexander
       
       
       
       576-03792-10                                          20102020c1
    1                        A bill to be entitled                      
    2         An act relating to information technology; amending s.
    3         14.204, F.S.; revising the duties and responsibilities
    4         of the Agency for Enterprise Information Technology;
    5         amending s. 282.201, F.S.; requiring the Agency for
    6         Enterprise Information Technology to make annual
    7         recommendations to the Legislature regarding the
    8         migration to a statewide e-mail service and the
    9         consolidation of purchasing certain commodities and
   10         services; amending s. 282.203, F.S.; specifying the
   11         contents of financial statements that must be provided
   12         by primary data centers; establishing a quorum for a
   13         data center board of trustees; providing additional
   14         duties for the board of trustees; amending s. 282.204,
   15         F.S.; deleting obsolete provisions relating to the
   16         Northwood Shared Resource Center; amending s. 282.315,
   17         F.S.; providing an additional duty for the Agency
   18         Chief Information Officers Council relating to the
   19         consolidated purchase of information technology
   20         products; amending s. 282.34, F.S.; revising
   21         provisions relating to statewide e-mail services;
   22         providing the primary goals for the service; providing
   23         for the establishment of a multiagency team to solicit
   24         proposals for a statewide service by a certain date;
   25         specifying the requirements for competitive
   26         solicitation; requiring the Agency for Enterprise
   27         Information Technology to submit a business plan for
   28         the services; requiring the plan to include agency
   29         lifecycle costs; requiring all state agencies to have
   30         migrated to the statewide service by a certain date;
   31         providing for agency exceptions to the schedule;
   32         requiring the Agency for Enterprise Information
   33         Technology to submit an implementation plan to the
   34         Governor and Legislature by a certain date; directing
   35         the agency to adopt rules; repealing s. 408.0615,
   36         F.S., relating to the establishment of a secure
   37         facility protecting data held by the Agency for Health
   38         Care Administration; amending s. 17 of chapter 2008
   39         116, Laws of Florida; revising the date for
   40         transferring data center functions to a primary data
   41         center; amending s. 282.0041, F.S.; defining the terms
   42         “SUNCOM Network” and “telecommunications”; amending s.
   43         282.702, F.S.; revising the powers and duties of the
   44         Department of Management Services with respect to
   45         telecommunications services; requiring that the
   46         department establish policies with respect to
   47         financial accounting and submit an annual report to
   48         the Governor and Legislature; amending s. 282.703,
   49         F.S.; revising provisions relating to the SUNCOM
   50         Network; authorizing the department to establish
   51         standards for addresses and numbers and to maintain a
   52         directory; requiring a state primary data center to
   53         use SUNCOM services; amending s. 282.707, F.S.;
   54         requiring customers served by the department to review
   55         the qualifications of subscribers using the SUNCOM
   56         Network; authorizing additional positions and
   57         providing an appropriation; providing an effective
   58         date.
   59  
   60  Be It Enacted by the Legislature of the State of Florida:
   61  
   62         Section 1. Paragraphs (g), (h), and (i) of subsection (4)
   63  of section 14.204, Florida Statutes, are amended, and paragraph
   64  (j) is added to that subsection, to read:
   65         14.204 Agency for Enterprise Information Technology.—The
   66  Agency for Enterprise Information Technology is created within
   67  the Executive Office of the Governor.
   68         (4) The agency shall have the following duties and
   69  responsibilities:
   70         (g) Coordinate acquisition planning and procurement
   71  negotiations for hardware and software products and services in
   72  order to improve the efficiency and reduce the cost of
   73  enterprise information technology services acquisition necessary
   74  to consolidate data center or computer facilities
   75  infrastructure.
   76         (h) In consultation with the Division of Purchasing in the
   77  Department of Management Services, coordinate procurement
   78  negotiations for information technology products as defined in
   79  s. 282.5002(5)(a) which software that will be used by multiple
   80  agencies.
   81         (i) In coordination with, and through the services of, the
   82  Division of Purchasing in the Department of Management Services,
   83  establish develop best practices for the procurement of
   84  information technology products as defined in s. 282.5002(5)(a)
   85  in order to achieve savings for the state procurements.
   86         (j) Develop information technology standards for enterprise
   87  information technology services.
   88         Section 2. Paragraph (c) of subsection (2) of section
   89  282.201, Florida Statutes, is amended to read:
   90         282.201 State data center system; agency duties and
   91  limitations.—A state data center system that includes all
   92  primary data centers, other nonprimary data centers, and
   93  computing facilities, and that provides an enterprise
   94  information technology service as defined in s. 282.0041, is
   95  established.
   96         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
   97  The Agency for Enterprise Information Technology shall:
   98         (c) By December 31 of each year beginning in 2009, submit
   99  to the Legislature recommendations to improve the efficiency and
  100  effectiveness of computing services provided by state data
  101  center system facilities. Such recommendations may include, but
  102  need not be limited to:
  103         1. Policies for improving the cost-effectiveness and
  104  efficiency of the state data center system.
  105         2. Infrastructure improvements supporting the consolidation
  106  of facilities or preempting the need to create additional data
  107  centers or computing facilities.
  108         3. Standards for an objective, credible energy performance
  109  rating system that data center boards of trustees can use to
  110  measure state data center energy consumption and efficiency on a
  111  biannual basis.
  112         4. Uniform disaster recovery standards.
  113         5. Standards for primary data centers providing transparent
  114  financial data to user agencies.
  115         6. Consolidation of contract practices or coordination of
  116  software, hardware, or other technology-related procurements.
  117         7. Improvements to data center governance structures.
  118         8. Changes to an agency’s scheduled date for migration to
  119  the statewide e-mail service pursuant to s. 282.34.
  120         9. Techniques for consolidating the purchase of information
  121  technology commodities and services that result in savings for
  122  the state, and for establishing a process to achieve savings
  123  through consolidated purchases.
  124         Section 3. Paragraph (d) of subsection (1), paragraph (d)
  125  of subsection (2), and paragraph (a) of subsection (3) of
  126  section 282.203, Florida Statutes, are amended, present
  127  paragraphs (e) through (j) of subsection (1) of that section are
  128  redesignated as paragraphs (f) through (k), respectively, and a
  129  new paragraph (e) is added to that subsection, and paragraphs
  130  (k) and (l) are added to subsection (3) of that section, to
  131  read:
  132         282.203 Primary data centers.—
  133         (1) DATA CENTER DUTIES.—Each primary data center shall:
  134         (d) Provide transparent financial statements to customer
  135  entities, the center’s board of trustees, and the Agency for
  136  Enterprise Information Technology. The financial statements
  137  shall be provided as follows:
  138         1. Annually, by July 30 for the current fiscal year and by
  139  December 1 for the subsequent fiscal year, the data center must
  140  provide the total annual budgeted costs by major expenditure
  141  category, including, but not limited to, salaries, expense,
  142  operating capital outlay, contracted services, or other
  143  personnel services, which directly relate to the provision of
  144  each service and which separately indicate the administrative
  145  overhead allocated to each service.
  146         2. Annually by July 30 for the current fiscal year and by
  147  December 1 for the subsequent fiscal year, the data center must
  148  provide total projected billings for each customer entity which
  149  are required to recover the costs of the data center.
  150         3. The financial statements required under subparagraphs 1.
  151  and 2. must be based on current law and current appropriations.
  152         4. Annually, by January 31, updates must be provided for
  153  the financial statements for the current fiscal year required
  154  under subparagraphs 1. and 2.
  155         5. By February 15, for proposed legislative budget
  156  increases, the data center must provide updates of the financial
  157  statements required under subparagraphs 1. and 2. for subsequent
  158  fiscal year.
  159         (e) Annually by October 1, submit cost-reduction proposals,
  160  including strategies and timetables for lowering customer
  161  entities’ costs without reducing the level of services, to the
  162  board of trustees.
  163         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  164  headed by a board of trustees as defined in s. 20.03.
  165         (d) A majority of the members constitutes a quorum. The
  166  board shall take action by a majority vote of the members if a
  167  quorum is present. If there is a tie, the chair shall be on the
  168  prevailing side.
  169         (3) BOARD DUTIES.—Each board of trustees of a primary data
  170  center shall:
  171         (a) Employ an executive director, pursuant to s. 20.05, who
  172  serves at the pleasure of the board. The executive director is
  173  responsible for the daily operation of the primary data center,
  174  ensuring compliance with all laws and rules regulating the
  175  primary data center, managing primary data center employees, and
  176  the performance of the primary data center. The board shall
  177  establish an annual performance evaluation process for the
  178  executive director. The appointment of the executive director
  179  must be reconfirmed by the board biennially.
  180         (k) Coordinate with other primary data centers and the
  181  Agency for Enterprise Information Technology in order to
  182  consolidate purchases of goods and services and lower the cost
  183  of providing services to customer entities.
  184         (l) Contract with other primary data centers for the
  185  provision of administrative services or with the agency within
  186  which the primary data center is housed, whichever is most cost
  187  effective.
  188         Section 4. Section 282.204, Florida Statutes, is amended to
  189  read:
  190         282.204 Northwood Shared Resource Center.—
  191         (1)A workgroup shall be established within the Department
  192  of Children and Family Services for the purpose of developing a
  193  plan for converting its data center to a primary data center.
  194         (a)The workgroup shall be chaired by a member appointed by
  195  the secretary of the department. Workgroup members may include
  196  other state agencies who will be customers of the data center
  197  during the 2009-2010 fiscal year. The workgroup shall include
  198  staff members who have appropriate financial and technical
  199  skills as determined by the chair of the workgroup.
  200         (b)The conversion plan shall address organizational
  201  changes, personnel changes, cost-allocation plan changes, and
  202  any other changes necessary to effectively convert to a primary
  203  state data center capable of providing computer services as
  204  required by s. 282.201.
  205         (c)The workgroup shall submit recommendations for
  206  facilitating the conversion to the Governor and Cabinet, the
  207  President of the Senate, and the Speaker of the House of
  208  Representatives by December 31, 2008.
  209         (2)Effective July 1, 2009, The Northwood Shared Resource
  210  Center is an agency established within the Department of
  211  Children and Family Services for administrative purposes only.
  212         (1)(a) The center is a primary data center and shall be a
  213  separate budget entity that is not subject to control,
  214  supervision, or direction of the department in any manner,
  215  including, but not limited to, purchasing, transactions
  216  involving real or personal property, personnel, or budgetary
  217  matters.
  218         (2)(b) The center shall be headed by a board of trustees as
  219  provided in s. 282.203, who shall comply with all requirements
  220  of that section related to the operation of the center and with
  221  the rules of the Agency for Enterprise Information Technology
  222  related to the design and delivery of enterprise information
  223  technology services. The secretary of the department may appoint
  224  a temporary board chair for the purpose of convening the board
  225  of trustees, selecting a chair, and determining board
  226  membership.
  227         (3)The Department of Children and Family Services and the
  228  center shall identify resources associated with information
  229  technology functions which are not related to the support,
  230  management, and operation of the data center but which currently
  231  exist within the same budget entity as the data center. By
  232  October 1, 2009, the center shall submit a budget amendment to
  233  transfer resources associated with these functions to the
  234  department.
  235         Section 5. Paragraph (e) is added to subsection (1) of
  236  section 282.315, Florida Statutes, to read:
  237         282.315 Agency Chief Information Officers Council;
  238  creation.—The Legislature finds that enhancing communication,
  239  consensus building, coordination, and facilitation with respect
  240  to issues concerning enterprise information technology resources
  241  are essential to improving the management of such resources.
  242         (1) There is created an Agency Chief Information Officers
  243  Council to:
  244         (e) Annually, by October 1, identify information technology
  245  products, as defined in s. 282.5002(5)(a), which, if purchased
  246  in a consolidated manner, would result in savings to the state,
  247  and develop recommendations regarding a process for
  248  consolidating such purchases. The council shall transmit its
  249  recommendations to the Agency for Enterprise Information
  250  Technology.
  251         Section 6. Section 282.34, Florida Statutes, is amended to
  252  read:
  253         282.34 Statewide e-mail service system.—A state e-mail
  254  system that includes the service delivery and support of for a
  255  statewide e-mail, messaging, and calendaring capabilities
  256  service is established as an enterprise information technology
  257  service as defined in s. 282.0041. The service shall be designed
  258  to meet the needs of all executive branch agencies and reduce
  259  the current cost of operation and support. The primary goals of
  260  the service are to minimize the state investment required to
  261  establish, operate, and support the statewide service; reduce
  262  the cost of current e-mail operations and the number of
  263  duplicative e-mail systems; and eliminate the need for each
  264  state agency to maintain its own e-mail staff.
  265         (1) The Southwood Shared Resource Center, a primary data
  266  center, shall be the provider of the statewide e-mail service
  267  for all state agencies system. The center shall centrally host,
  268  manage, and operate, and support the service, or outsource the
  269  hosting, management, operational, or support components of the
  270  service in order to achieve the primary goals identified in this
  271  section the e-mail system.
  272         (2) The Agency for Enterprise Information Technology, in
  273  consultation with the Southwood Shared Resource Center, shall
  274  establish and coordinate a multiagency project team to develop a
  275  competitive solicitation for establishing the statewide e-mail
  276  service.
  277         (a) The Southwood Shared Resource Center shall issue the
  278  competitive solicitation by August 31, 2010, with vendor
  279  responses required by October 15, 2010. Issuance of the
  280  competitive solicitation does not obligate the agency and the
  281  center to conduct further negotiations or to execute a contract.
  282  The decision to conduct or conclude negotiations, or execute a
  283  contract, must be made solely at the discretion of the agency.
  284         (b) The competitive solicitation must include detailed
  285  specifications describing:
  286         1. The current e-mail approach for state agencies and the
  287  specific business objectives met by the present system.
  288         2. The minimum functional requirements necessary for
  289  successful statewide implementation and the responsibilities of
  290  the prospective service provider and the agency.
  291         3. The form and required content for submitted proposals,
  292  including, but not limited to, a description of the proposed
  293  system and its internal and external sourcing options, a 5-year
  294  lifecycle-based pricing based on cost per mailbox per month, and
  295  a decommissioning approach for current e-mail systems; an
  296  implementation schedule and implementation services; a
  297  description of e-mail account management, help desk, technical
  298  support, and user provisioning services; disaster recovery and
  299  backup and restore capabilities; anti-spam and anti-virus
  300  capabilities; remote access and mobile messaging capabilities;
  301  and staffing requirements.
  302         (c) Other optional requirements specifications may be
  303  included in the competitive solicitation if not in conflict with
  304  the primary goals of the statewide e-mail service.
  305         (d) The competitive solicitation must permit alternative
  306  financial and operational models to be proposed, including, but
  307  not limited to:
  308         1. Leasing or usage-based subscription fees;
  309         2. Installing and operating the e-mail service within the
  310  Southwood Shared Resource Center or in a data center operated by
  311  an external service provider; or
  312         3. Provisioning the e-mail service as an Internet-based
  313  offering provided to state agencies. Specifications for proposed
  314  models must be optimized to meet the primary goals of the e-mail
  315  service.
  316         (3)(2) By December 31, 2010 2009, or within 1 month after
  317  negotiations are complete, whichever is later, the multiagency
  318  project team and the Agency for Enterprise Information
  319  Technology shall prepare a business case analysis containing its
  320  recommendations for procuring the statewide e-mail service for
  321  submission submit a proposed plan for the establishment of the
  322  e-mail system to the Governor and Cabinet, the President of the
  323  Senate, and the Speaker of the House of Representatives. The
  324  business case is not subject to challenge or protest pursuant to
  325  chapter 120. The business case must include The plan shall be
  326  developed to reduce costs to the state and include, at a
  327  minimum:
  328         (a) An assessment of the major risks that must be managed
  329  for each proposal compared to the risks for the current state
  330  agency e-mail system and the major benefits that are associated
  331  with each An analysis of the in-house and external sourcing
  332  options that should be considered for delivery and support of
  333  the service. The analysis shall include an internally hosted
  334  system option, an externally sourced system option, and, if
  335  necessary, a combined in-house and externally sourced option.
  336         (b) A cost-benefit analysis that estimates all major cost
  337  elements associated with each sourcing option, focusing on
  338  including the nonrecurring and recurring lifecycle costs of each
  339  option. The analysis must also include a comparison of the
  340  estimated total 5-year lifecycle cost of the current agency e
  341  mail systems versus of each enterprise e-mail sourcing option
  342  and the total cost of existing e-mail services in order to
  343  determine the feasibility of funding the migration and operation
  344  of the statewide e-mail service and the overall level of savings
  345  that can be expected. The 5-year lifecycle costs for each state
  346  agency must include, but are not limited to:
  347         1. The total recurring operating costs of the current
  348  agency e-mail systems, including monthly mailbox costs,
  349  staffing, licensing and maintenance costs, hardware, and other
  350  related e-mail product and service costs.
  351         2. An estimate of nonrecurring hardware and software
  352  refresh, upgrade, or replacement costs based on the expected 5
  353  year obsolescence of current e-mail software products and
  354  equipment through the 2014 fiscal year, and the basis for the
  355  estimate.
  356         3. An estimate of recurring costs associated with the
  357  energy consumption of current agency e-mail equipment, and the
  358  basis for the estimate.
  359         4. Any other critical costs associated with the current
  360  agency e-mail systems which can reasonably be estimated and
  361  included in the business case analysis.
  362         (c)Estimated expenditures for each state agency associated
  363  with e-mail costs for the 2009-2010 fiscal year.
  364         (d)The plan must identify any existing e-mail
  365  infrastructure that should be considered for reuse.
  366         (e)A concise analysis of the ability of each sourcing
  367  option to meet major system requirements, including federal and
  368  state requirements for confidentiality, privacy, security, and
  369  records retention.
  370         (f)A complete description of the scope of functionality,
  371  operations, and required resources associated with each sourcing
  372  option.
  373         (g)Recommendations for standardizing the format of state
  374  e-mail addresses.
  375         (c)(h)A comparison of the migrating schedules of each
  376  sourcing option to the statewide e-mail service, including the
  377  approach and A reliable schedule for the decommissioning of all
  378  current state agency e-mail systems beginning with phase 1 and
  379  phase 2 as provided in subsection (4) and the migration of all
  380  agencies to the new system beginning by July 1, 2010, and
  381  completing by June 30, 2013.
  382         (4) All agencies must be completely migrated to the
  383  statewide e-mail service as soon as financially and
  384  operationally feasible, but no later than June 30, 2015.
  385         (a) The following statewide e-mail service implementation
  386  schedule is established for state agencies:
  387         1. Phase 1.—The following agencies must be completely
  388  migrated to the statewide e-mail system by June 30, 2012: the
  389  Agency for Enterprise Information Technology; the Department of
  390  Community Affairs, including the Division of Emergency
  391  Management; the Department of Corrections; the Department of
  392  Health; the Department of Highway Safety and Motor Vehicles; the
  393  Department of Management Services, including the Division of
  394  Administrative Hearings, the Division of Retirement, the
  395  Commission on Human Relations, and the Public Employees
  396  Relations Commission; and the Department of Revenue.
  397         2. Phase 2.—The following agencies must be completely
  398  migrated to the statewide e-mail system by June 30, 2013: the
  399  Department of Business and Professional Regulation; the
  400  Department of Education, including the Board of Governors; the
  401  Department of Environmental Protection; the Department of
  402  Juvenile Justice; the Department of the Lottery; the Department
  403  of State; the Department of Law Enforcement; the Department of
  404  Veterans’ Affairs; the Judicial Administration Commission; and
  405  the Statewide Guardian Ad Litem Office.
  406         3. Phase 3.—The following agencies must be completely
  407  migrated to the statewide e-mail system by June 30, 2014: the
  408  Agency for Health Care Administration; the Agency for Workforce
  409  Innovation; the Department of Financial Services, including the
  410  Office of Financial Regulation and the Office of Insurance
  411  Regulation; the Department of Agriculture and Consumer Services;
  412  the Executive Office of the Governor; the Department of
  413  Transportation; the Fish and Wildlife Conservation Commission;
  414  and the State Board of Administration.
  415         4. Phase 4.—The following agencies must be completely
  416  migrated to the statewide e-mail system by June 30, 2015: the
  417  Department of Children and Family Services; the Department of
  418  Citrus; the Department of Elderly Affairs; and the Department of
  419  Legal Affairs.
  420         (b) Agency requests to modify their scheduled implementing
  421  date must be submitted in writing to the Agency for Enterprise
  422  Information Technology. Any exceptions or modifications to the
  423  schedule must be approved by the Agency for Enterprise
  424  Information Technology based only on the following criteria:
  425         1. Avoiding nonessential investment in agency e-mail
  426  hardware or software refresh, upgrade, or replacement.
  427         2. Avoiding nonessential investment in new software or
  428  hardware licensing agreements, maintenance or support
  429  agreements, or e-mail staffing for current e-mail systems.
  430         3. Resolving known agency e-mail problems through migration
  431  to the statewide e-mail service.
  432         4. Accommodating unique agency circumstances that require
  433  an acceleration or delay of the implementation date.
  434         (5)(3) In order to develop the implementation recommended
  435  plan for the statewide e-mail service new system, the Agency for
  436  Enterprise Information Technology shall establish and coordinate
  437  a statewide e-mail project team. The agency shall also consult
  438  with and, as necessary, form workgroups consisting of agency e
  439  mail management staff, agency chief information officers, and
  440  agency budget directors, and other administrative staff. The
  441  statewide e-mail implementation plan must be submitted to the
  442  Governor, the President of the Senate, and the Speaker of the
  443  House of Representatives by July 1, 2011. State agencies must
  444  cooperate with the Agency for Enterprise Technology in its
  445  development of the plan.
  446         (6)(4) Unless authorized by the Legislature or as provided
  447  in subsection (7) (5), a state agency may shall not:
  448         (a) Initiate a new e-mail service or execute a new e-mail
  449  contract or new e-mail contract amendment for nonessential
  450  products or services with any entity other than the provider of
  451  the statewide e-mail system service;
  452         (b) Terminate a statewide e-mail system service without
  453  giving written notice of termination 180 days in advance; or
  454         (c) Transfer e-mail system services from the provider of
  455  the statewide e-mail system service.
  456         (7)(5) Exceptions to paragraphs (6) (4)(a), (b), and (c)
  457  may be granted by the Agency for Enterprise Information
  458  Technology only if the Southwood Shared Resource Center is
  459  unable to meet agency business requirements for the e-mail
  460  service, and if such requirements are essential to maintain
  461  agency operations. Requests for exceptions must be submitted in
  462  writing to the Agency for Enterprise Information Technology and
  463  include documented confirmation by the Southwood Shared Resource
  464  Center board of trustees that it cannot meet the requesting
  465  agency’s e-mail service requirements.
  466         (8) Each agency shall include the budget issues necessary
  467  for migrating to the statewide e-mail service in its legislative
  468  budget request before the first full year it is scheduled to
  469  migrate to the statewide service in accordance with budget
  470  instructions developed pursuant to s. 216.023.
  471         (9) The Agency for Enterprise Information Technology shall
  472  adopt rules to standardize the format for state agency e-mail
  473  addresses.
  474         (10) State agencies must fully cooperate with the Agency
  475  for Enterprise Information Technology in the performance of its
  476  responsibilities established in this section.
  477         Section 7. Section 408.0615, Florida Statutes, is repealed.
  478         Section 8. Section 17 of chapter 2008-116, Laws of Florida,
  479  is amended to read:
  480         Section 17. All data center functions performed, managed,
  481  operated, or supported by state agencies with resources and
  482  equipment currently located in a state primary data center
  483  created by this act, excluding application development, shall be
  484  transferred to the primary data center and that agency shall
  485  become a full-service customer entity by December 31, July 1,
  486  2010. All resources and equipment located in the primary data
  487  center shall be operated, managed, and controlled by the primary
  488  data center. Data center functions include, but are not limited
  489  to, all data center hardware, software, staff, contracted
  490  services, and facility resources performing data center
  491  management and operations, security, production control, backup
  492  and recovery, disaster recovery, system administration, database
  493  administration, system programming, job control, production
  494  control, print, storage, technical support, help desk, and
  495  managed services.
  496         (1) To accomplish the transition, each state agency that is
  497  a customer entity of a primary data center shall:
  498         (a) By October 1, 2009, submit a plan to the board of
  499  trustees of the appropriate primary data center describing costs
  500  and resources currently used to manage and maintain hardware and
  501  operating and support software housed at the primary data
  502  center, and a plan for transferring all resources allocated to
  503  data center functions to the primary data center. The plan
  504  shall:
  505         1. Include the itemized expenditures for all of the related
  506  equipment and software in the previous 5 fiscal years.
  507         2. Propose averages or weighted averages for transferring
  508  spending authority related to equipment and software based upon
  509  spending in the previous 5 fiscal years and projected needs for
  510  the upcoming 2 fiscal years.
  511         (b) Submit with its 2010-2011 legislative budget request
  512  budget adjustments necessary to accomplish the transfers. These
  513  adjustments shall include budget requests to replace existing
  514  spending authority in the appropriations categories used to
  515  manage, maintain, and upgrade hardware, operating software, and
  516  support software with an amount in a single appropriation
  517  category to pay for the services of the primary data center.
  518         (2) The board of trustees of each primary data center
  519  shall:
  520         (a) Be responsible for the efficient transfer of resources
  521  in user agencies relating to the provision of full services and
  522  shall coordinate the legislative budget requests of the affected
  523  agencies.
  524         (b) Include in its 2010-2011 legislative budget request
  525  additional budget authority to accommodate the transferred
  526  functions.
  527         (c) Develop proposed cost-recovery plans for its customer
  528  entities at its annual budget meeting held before July 1, 2010,
  529  using the principles established in s. 282.203, Florida
  530  Statutes.
  531         Section 9. Present subsections (25) through (28) of section
  532  282.0041, Florida Statutes, are renumbered as subsections (27)
  533  through (30), respectively, and new subsections (25) and (26)
  534  are added to that section, to read:
  535         282.0041 Definitions.—As used in this chapter, the term:
  536         (25) “SUNCOM Network” means the state enterprise
  537  telecommunications system that provides all methods of
  538  electronic or optical telecommunications beyond a single
  539  building or contiguous building complex and used by entities
  540  authorized as network users under this part.
  541         (26) “Telecommunications” means the science and technology
  542  of communication at a distance, including electronic systems
  543  used in the transmission or reception of information.
  544         Section 10. Section 282.702, Florida Statutes, is amended
  545  to read:
  546         282.702 Powers and duties.—The Department of Management
  547  Services shall have the following powers, duties, and functions:
  548         (1) To publish electronically the portfolio of services
  549  available from the department, including pricing information;
  550  the policies and procedures of the state communications network
  551  governing usage of available services; and a forecast of the
  552  department’s priorities for each telecommunications service and
  553  initiatives for the state communications system for the ensuing
  554  2 years.
  555         (2) To adopt technical standards by rule for the state
  556  telecommunications communications network which will ensure the
  557  interconnection and operational security of computer networks,
  558  telecommunications, and information systems of agencies.
  559         (3) To enter into agreements related to information
  560  technology and telecommunications services with state agencies
  561  and political subdivisions of the state.
  562         (4) To purchase from or contract with information
  563  technology providers for information technology, including
  564  private line services.
  565         (5) To apply for, receive, and hold such authorizations,
  566  patents, copyrights, trademarks, service marks, licenses, and
  567  allocations or channels and frequencies to carry out the
  568  purposes of this part.
  569         (6) To purchase, lease, or otherwise acquire and to hold,
  570  sell, transfer, license, or otherwise dispose of real, personal,
  571  and intellectual property, including, but not limited to,
  572  patents, trademarks, copyrights, and service marks.
  573         (7) To cooperate with any federal, state, or local
  574  emergency management agency in providing for emergency
  575  telecommunications communications services.
  576         (8) To control and approve the purchase, lease, or
  577  acquisition and the use of telecommunications communications
  578  services, software, circuits, and equipment provided as part of
  579  any other total telecommunications system to be used by the
  580  state or any of its agencies.
  581         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  582  relating to telecommunications communications and to administer
  583  the provisions of this part.
  584         (10) To apply for and accept federal funds for any of the
  585  purposes of this part as well as gifts and donations from
  586  individuals, foundations, and private organizations.
  587         (11) To monitor issues relating to telecommunication
  588  communications facilities and services before the Florida Public
  589  Service Commission and the Federal Communications Commission
  590  and, if when necessary, prepare position papers, prepare
  591  testimony, appear as a witness, and retain witnesses on behalf
  592  of state agencies in proceedings before the commissions
  593  commission.
  594         (12) Unless delegated to the agencies by the department, to
  595  manage and control, but not intercept or interpret,
  596  telecommunications communications within the SUNCOM Network by:
  597         (a) Establishing technical standards to physically
  598  interface with the SUNCOM Network.
  599         (b) Specifying how telecommunications communications are
  600  transmitted within the SUNCOM Network.
  601         (c) Controlling the routing of telecommunications
  602  communications within the SUNCOM Network.
  603         (d) Establishing standards, policies, and procedures for
  604  access to and the security of the SUNCOM Network.
  605         (e) Ensuring orderly and reliable telecommunication
  606  communications services in accordance with the service level
  607  agreements executed with state agencies.
  608         (13) To plan, design, and conduct experiments for
  609  telecommunication communications services, equipment, and
  610  technologies, and to implement enhancements in the state
  611  telecommunications communications network if when in the public
  612  interest and cost-effective. Funding for such experiments must
  613  shall be derived from SUNCOM Network service revenues and may
  614  shall not exceed 2 percent of the annual budget for the SUNCOM
  615  Network for any fiscal year or as provided in the General
  616  Appropriations Act. New services offered as a result of this
  617  subsection may shall not affect existing rates for facilities or
  618  services.
  619         (14) To enter into contracts or agreements, with or without
  620  competitive bidding or procurement, to make available, on a
  621  fair, reasonable, and nondiscriminatory basis, property and
  622  other structures under departmental control for the placement of
  623  new facilities by any wireless provider of mobile service as
  624  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  625  telecommunications company as defined in s. 364.02 if when it is
  626  determined to be practical and feasible to make such property or
  627  other structures available. The department may, without adopting
  628  a rule, charge a just, reasonable, and nondiscriminatory fee for
  629  the placement of the facilities, payable annually, based on the
  630  fair market value of space used by comparable telecommunications
  631  communications facilities in the state. The department and a
  632  wireless provider or telecommunications company may negotiate
  633  the reduction or elimination of a fee in consideration of
  634  services provided to the department by the wireless provider or
  635  telecommunications company. All such fees collected by the
  636  department shall be deposited directly into the Law Enforcement
  637  Radio Operating Trust Fund, and may be used by the department to
  638  construct, maintain, or support the system.
  639         (15) Establish policies that ensure that the department’s
  640  cost-recovery methodologies, billings, receivables,
  641  expenditures, budgeting, and accounting data are captured and
  642  reported timely, consistently, accurately, and transparently and
  643  are in compliance with all applicable federal and state laws and
  644  rules. The department shall annually submit to the Governor, the
  645  President of the Senate, and the Speaker of the House of
  646  Representatives a report that describes each service and its
  647  cost, the billing methodology for recovering the cost of the
  648  service, and, if applicable, the identity of those services that
  649  are subsidized.
  650         Section 11. Section 282.703, Florida Statutes, is amended
  651  to read:
  652         282.703 SUNCOM Network; exemptions from the required use.—
  653         (1) The SUNCOM Network is established There is created
  654  within the department as the state enterprise telecommunications
  655  the SUNCOM Network, which shall be developed to serve as the
  656  state communications system for providing local and long
  657  distance communications services to state agencies, political
  658  subdivisions of the state, municipalities, state universities,
  659  and nonprofit corporations pursuant to this part. The SUNCOM
  660  Network shall be developed to transmit all types of
  661  telecommunications communications signals, including, but not
  662  limited to, voice, data, video, image, and radio. State agencies
  663  shall cooperate and assist in the development and joint use of
  664  telecommunications communications systems and services.
  665         (2) The department shall design, engineer, implement,
  666  manage, and operate through state ownership, commercial leasing,
  667  contracted services, or some combination thereof, the
  668  facilities, and equipment, and contracts providing SUNCOM
  669  Network services, and shall develop a system of equitable
  670  billings and charges for telecommunications communication
  671  services.
  672         (3) The department shall own, manage, and establish
  673  standards for the telecommunications addressing and numbering
  674  plans for the SUNCOM Network. This includes distributing or
  675  revoking numbers and addresses to authorized users of the
  676  network and delegating or revoking the delegation of management
  677  of subsidiary groups of numbers and addresses to authorized
  678  users of the network.
  679         (4) The department shall maintain a directory of
  680  information and services that provides the names, phone numbers,
  681  and electronic mail addresses for employees, agencies, and
  682  network devices that are served, in whole or in part, by the
  683  SUNCOM Network. State agencies, state universities, and
  684  political subdivisions of the state shall cooperate with the
  685  department by providing timely and accurate directory
  686  information in the manner established by the department.
  687         (5)(3) All state agencies and state universities shall use
  688  the SUNCOM Network for agency and state university
  689  telecommunications communications services as the services
  690  become available; however, an no agency or university is not
  691  relieved of responsibility for maintaining telecommunications
  692  communications services necessary for effective management of
  693  its programs and functions.
  694         (a) If a SUNCOM Network service does not meet the
  695  telecommunications communications requirements of an agency or
  696  university, the agency or university must shall notify the
  697  department in writing and detail the requirements for that
  698  communications service. If the department is unable to meet an
  699  agency’s or university’s requirements by enhancing SUNCOM
  700  Network service, the department may grant the agency or
  701  university an exemption from the required use of specified
  702  SUNCOM Network services.
  703         (b) Unless an exemption has been granted by the department,
  704  effective October 1, 2010, all customers of a state primary data
  705  center must use the shared SUNCOM Network telecommunications
  706  services connecting the state primary data center to SUNCOM
  707  services for all telecommunications needs in accordance with
  708  department rules.
  709         1. Upon discovery of customer noncompliance with this
  710  paragraph, the department shall provide the affected customer
  711  with a schedule for transferring to the shared
  712  telecommunications services provided by the SUNCOM Network and
  713  an estimate of all associated costs. The state primary data
  714  centers and their customers shall cooperate with the department
  715  to accomplish the transfer.
  716         2. Customers may request an exemption from this paragraph
  717  in the same manner as authorized in paragraph (a).
  718         Section 12. Subsection (1) of section 282.707, Florida
  719  Statutes, is amended to read:
  720         282.707 SUNCOM Network; criteria for usage.—
  721         (1) The department and customers served by the department
  722  shall periodically review the qualifications of subscribers
  723  using the state SUNCOM Network and shall terminate services
  724  provided to a any facility not qualified under this part or
  725  rules adopted hereunder. In the event of nonpayment of invoices
  726  by subscribers whose SUNCOM Network invoices are paid from
  727  sources other than legislative appropriations, such nonpayment
  728  represents good and sufficient reason to terminate service.
  729         Section 13. There is appropriated to the Agency for
  730  Enterprise Information Technology three full-time equivalent
  731  positions and $300,000 in recurring General Revenue in a lump
  732  sum category for implementing the provisions of this act
  733  relating to the consolidation of information technology
  734  purchases which result in savings to the state.
  735         Section 14. This act shall take effect upon becoming a law.

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