Florida Senate - 2010 CS for SB 2020
By the Policy and Steering Committee on Ways and Means; and
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
60 Be It Enacted by the Legislature of the State of Florida:
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
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
74 to consolidate data center or computer facilities
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
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
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
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
188 Section 4. Section 282.204, Florida Statutes, is amended to
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
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
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
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
251 Section 6. Section 282.34, Florida Statutes, is amended to
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
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
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
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
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 eac h 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
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
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
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
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
524 (b) Include in its 2010-2011 legislative budget request
525 additional budget authority to accommodate the transferred
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
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
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
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 Netwo rk, which shall be dev eloped 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
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.