January 18, 2021
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       CS for SB 2020                                   First Engrossed
       
       
       
       
       
       
       
       
       20102020e1
       
    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; requiring the Children’s Legal Service and
   57         judiciary to use Florida Safe Families Network for
   58         child welfare case management; authorizing additional
   59         positions and providing an appropriation; providing an
   60         effective date.
   61  
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Paragraphs (g), (h), and (i) of subsection (4)
   65  of section 14.204, Florida Statutes, are amended, and paragraph
   66  (j) is added to that subsection, to read:
   67         14.204 Agency for Enterprise Information Technology.—The
   68  Agency for Enterprise Information Technology is created within
   69  the Executive Office of the Governor.
   70         (4) The agency shall have the following duties and
   71  responsibilities:
   72         (g) Coordinate acquisition planning and procurement
   73  negotiations for hardware and software products and services in
   74  order to improve the efficiency and reduce the cost of
   75  enterprise information technology services acquisition necessary
   76  to consolidate data center or computer facilities
   77  infrastructure.
   78         (h) In consultation with the Division of Purchasing in the
   79  Department of Management Services, coordinate procurement
   80  negotiations for information technology products as defined in
   81  s. 282.5002(5)(a) which software that will be used by multiple
   82  agencies.
   83         (i) In coordination with, and through the services of, the
   84  Division of Purchasing in the Department of Management Services,
   85  establish develop best practices for the procurement of
   86  information technology products as defined in s. 282.5002(5)(a)
   87  in order to achieve savings for the state procurements.
   88         (j) Develop information technology standards for enterprise
   89  information technology services.
   90         Section 2. Paragraph (c) of subsection (2) of section
   91  282.201, Florida Statutes, is amended to read:
   92         282.201 State data center system; agency duties and
   93  limitations.—A state data center system that includes all
   94  primary data centers, other nonprimary data centers, and
   95  computing facilities, and that provides an enterprise
   96  information technology service as defined in s. 282.0041, is
   97  established.
   98         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
   99  The Agency for Enterprise Information Technology shall:
  100         (c) By December 31 of each year beginning in 2009, submit
  101  to the Legislature recommendations to improve the efficiency and
  102  effectiveness of computing services provided by state data
  103  center system facilities. Such recommendations may include, but
  104  need not be limited to:
  105         1. Policies for improving the cost-effectiveness and
  106  efficiency of the state data center system.
  107         2. Infrastructure improvements supporting the consolidation
  108  of facilities or preempting the need to create additional data
  109  centers or computing facilities.
  110         3. Standards for an objective, credible energy performance
  111  rating system that data center boards of trustees can use to
  112  measure state data center energy consumption and efficiency on a
  113  biannual basis.
  114         4. Uniform disaster recovery standards.
  115         5. Standards for primary data centers providing transparent
  116  financial data to user agencies.
  117         6. Consolidation of contract practices or coordination of
  118  software, hardware, or other technology-related procurements.
  119         7. Improvements to data center governance structures.
  120         8. Changes to an agency’s scheduled date for migration to
  121  the statewide e-mail service pursuant to s. 282.34.
  122         9. Techniques for consolidating the purchase of information
  123  technology commodities and services that result in savings for
  124  the state, and for establishing a process to achieve savings
  125  through consolidated purchases.
  126         Section 3. Paragraph (d) of subsection (1), paragraph (d)
  127  of subsection (2), and paragraph (a) of subsection (3) of
  128  section 282.203, Florida Statutes, are amended, present
  129  paragraphs (e) through (j) of subsection (1) of that section are
  130  redesignated as paragraphs (f) through (k), respectively, and a
  131  new paragraph (e) is added to that subsection, and paragraphs
  132  (k) and (l) are added to subsection (3) of that section, to
  133  read:
  134         282.203 Primary data centers.—
  135         (1) DATA CENTER DUTIES.—Each primary data center shall:
  136         (d) Provide transparent financial statements to customer
  137  entities, the center’s board of trustees, and the Agency for
  138  Enterprise Information Technology. The financial statements
  139  shall be provided as follows:
  140         1. Annually, by July 30 for the current fiscal year and by
  141  December 1 for the subsequent fiscal year, the data center must
  142  provide the total annual budgeted costs by major expenditure
  143  category, including, but not limited to, salaries, expense,
  144  operating capital outlay, contracted services, or other
  145  personnel services, which directly relate to the provision of
  146  each service and which separately indicate the administrative
  147  overhead allocated to each service.
  148         2. Annually by July 30 for the current fiscal year and by
  149  December 1 for the subsequent fiscal year, the data center must
  150  provide total projected billings for each customer entity which
  151  are required to recover the costs of the data center.
  152         3. The financial statements required under subparagraphs 1.
  153  and 2. must be based on current law and current appropriations.
  154         4. Annually, by January 31, updates must be provided for
  155  the financial statements for the current fiscal year required
  156  under subparagraphs 1. and 2.
  157         5. By February 15, for proposed legislative budget
  158  increases, the data center must provide updates of the financial
  159  statements required under subparagraphs 1. and 2. for subsequent
  160  fiscal year.
  161         (e) Annually by October 1, submit cost-reduction proposals,
  162  including strategies and timetables for lowering customer
  163  entities’ costs without reducing the level of services, to the
  164  board of trustees.
  165         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  166  headed by a board of trustees as defined in s. 20.03.
  167         (d) A majority of the members constitutes a quorum. The
  168  board shall take action by a majority vote of the members if a
  169  quorum is present. If there is a tie, the chair shall be on the
  170  prevailing side.
  171         (3) BOARD DUTIES.—Each board of trustees of a primary data
  172  center shall:
  173         (a) Employ an executive director, pursuant to s. 20.05, who
  174  serves at the pleasure of the board. The executive director is
  175  responsible for the daily operation of the primary data center,
  176  ensuring compliance with all laws and rules regulating the
  177  primary data center, managing primary data center employees, and
  178  the performance of the primary data center. The board shall
  179  establish an annual performance evaluation process for the
  180  executive director. The appointment of the executive director
  181  must be reconfirmed by the board biennially.
  182         (k) Coordinate with other primary data centers and the
  183  Agency for Enterprise Information Technology in order to
  184  consolidate purchases of goods and services and lower the cost
  185  of providing services to customer entities.
  186         (l) Contract with other primary data centers for the
  187  provision of administrative services or with the agency within
  188  which the primary data center is housed, whichever is most cost
  189  effective.
  190         Section 4. Section 282.204, Florida Statutes, is amended to
  191  read:
  192         282.204 Northwood Shared Resource Center.—
  193         (1)A workgroup shall be established within the Department
  194  of Children and Family Services for the purpose of developing a
  195  plan for converting its data center to a primary data center.
  196         (a)The workgroup shall be chaired by a member appointed by
  197  the secretary of the department. Workgroup members may include
  198  other state agencies who will be customers of the data center
  199  during the 2009-2010 fiscal year. The workgroup shall include
  200  staff members who have appropriate financial and technical
  201  skills as determined by the chair of the workgroup.
  202         (b)The conversion plan shall address organizational
  203  changes, personnel changes, cost-allocation plan changes, and
  204  any other changes necessary to effectively convert to a primary
  205  state data center capable of providing computer services as
  206  required by s. 282.201.
  207         (c)The workgroup shall submit recommendations for
  208  facilitating the conversion to the Governor and Cabinet, the
  209  President of the Senate, and the Speaker of the House of
  210  Representatives by December 31, 2008.
  211         (2)Effective July 1, 2009, The Northwood Shared Resource
  212  Center is an agency established within the Department of
  213  Children and Family Services for administrative purposes only.
  214         (1)(a) The center is a primary data center and shall be a
  215  separate budget entity that is not subject to control,
  216  supervision, or direction of the department in any manner,
  217  including, but not limited to, purchasing, transactions
  218  involving real or personal property, personnel, or budgetary
  219  matters.
  220         (2)(b) The center shall be headed by a board of trustees as
  221  provided in s. 282.203, who shall comply with all requirements
  222  of that section related to the operation of the center and with
  223  the rules of the Agency for Enterprise Information Technology
  224  related to the design and delivery of enterprise information
  225  technology services. The secretary of the department may appoint
  226  a temporary board chair for the purpose of convening the board
  227  of trustees, selecting a chair, and determining board
  228  membership.
  229         (3)The Department of Children and Family Services and the
  230  center shall identify resources associated with information
  231  technology functions which are not related to the support,
  232  management, and operation of the data center but which currently
  233  exist within the same budget entity as the data center. By
  234  October 1, 2009, the center shall submit a budget amendment to
  235  transfer resources associated with these functions to the
  236  department.
  237         Section 5. Paragraph (e) is added to subsection (1) of
  238  section 282.315, Florida Statutes, to read:
  239         282.315 Agency Chief Information Officers Council;
  240  creation.—The Legislature finds that enhancing communication,
  241  consensus building, coordination, and facilitation with respect
  242  to issues concerning enterprise information technology resources
  243  are essential to improving the management of such resources.
  244         (1) There is created an Agency Chief Information Officers
  245  Council to:
  246         (e) Annually, by October 1, identify information technology
  247  products, as defined in s. 282.5002(5)(a), which, if purchased
  248  in a consolidated manner, would result in savings to the state,
  249  and develop recommendations regarding a process for
  250  consolidating such purchases. The council shall transmit its
  251  recommendations to the Agency for Enterprise Information
  252  Technology.
  253         Section 6. Section 282.34, Florida Statutes, is amended to
  254  read:
  255         282.34 Statewide e-mail service system.—A state e-mail
  256  system that includes the service delivery and support of for a
  257  statewide e-mail, messaging, and calendaring capabilities
  258  service is established as an enterprise information technology
  259  service as defined in s. 282.0041. The service shall be designed
  260  to meet the needs of all executive branch agencies and reduce
  261  the current cost of operation and support. The primary goals of
  262  the service are to minimize the state investment required to
  263  establish, operate, and support the statewide service; reduce
  264  the cost of current e-mail operations and the number of
  265  duplicative e-mail systems; and eliminate the need for each
  266  state agency to maintain its own e-mail staff.
  267         (1) The Southwood Shared Resource Center, a primary data
  268  center, shall be the provider of the statewide e-mail service
  269  for all state agencies system. The center shall centrally host,
  270  manage, and operate, and support the service, or outsource the
  271  hosting, management, operational, or support components of the
  272  service in order to achieve the primary goals identified in this
  273  section the e-mail system.
  274         (2) The Agency for Enterprise Information Technology, in
  275  consultation with the Southwood Shared Resource Center, shall
  276  establish and coordinate a multiagency project team to develop a
  277  competitive solicitation for establishing the statewide e-mail
  278  service.
  279         (a) The Southwood Shared Resource Center shall issue the
  280  competitive solicitation by August 31, 2010, with vendor
  281  responses required by October 15, 2010. Issuance of the
  282  competitive solicitation does not obligate the agency and the
  283  center to conduct further negotiations or to execute a contract.
  284  The decision to conduct or conclude negotiations, or execute a
  285  contract, must be made solely at the discretion of the agency.
  286         (b) The competitive solicitation must include detailed
  287  specifications describing:
  288         1. The current e-mail approach for state agencies and the
  289  specific business objectives met by the present system.
  290         2. The minimum functional requirements necessary for
  291  successful statewide implementation and the responsibilities of
  292  the prospective service provider and the agency.
  293         3. The form and required content for submitted proposals,
  294  including, but not limited to, a description of the proposed
  295  system and its internal and external sourcing options, a 5-year
  296  lifecycle-based pricing based on cost per mailbox per month, and
  297  a decommissioning approach for current e-mail systems; an
  298  implementation schedule and implementation services; a
  299  description of e-mail account management, help desk, technical
  300  support, and user provisioning services; disaster recovery and
  301  backup and restore capabilities; anti-spam and anti-virus
  302  capabilities; remote access and mobile messaging capabilities;
  303  and staffing requirements.
  304         (c) Other optional requirements specifications may be
  305  included in the competitive solicitation if not in conflict with
  306  the primary goals of the statewide e-mail service.
  307         (d) The competitive solicitation must permit alternative
  308  financial and operational models to be proposed, including, but
  309  not limited to:
  310         1. Leasing or usage-based subscription fees;
  311         2. Installing and operating the e-mail service within the
  312  Southwood Shared Resource Center or in a data center operated by
  313  an external service provider; or
  314         3. Provisioning the e-mail service as an Internet-based
  315  offering provided to state agencies. Specifications for proposed
  316  models must be optimized to meet the primary goals of the e-mail
  317  service.
  318         (3)(2) By December 31, 2010 2009, or within 1 month after
  319  negotiations are complete, whichever is later, the multiagency
  320  project team and the Agency for Enterprise Information
  321  Technology shall prepare a business case analysis containing its
  322  recommendations for procuring the statewide e-mail service for
  323  submission submit a proposed plan for the establishment of the
  324  e-mail system to the Governor and Cabinet, the President of the
  325  Senate, and the Speaker of the House of Representatives. The
  326  business case is not subject to challenge or protest pursuant to
  327  chapter 120. The business case must include The plan shall be
  328  developed to reduce costs to the state and include, at a
  329  minimum:
  330         (a) An assessment of the major risks that must be managed
  331  for each proposal compared to the risks for the current state
  332  agency e-mail system and the major benefits that are associated
  333  with each An analysis of the in-house and external sourcing
  334  options that should be considered for delivery and support of
  335  the service. The analysis shall include an internally hosted
  336  system option, an externally sourced system option, and, if
  337  necessary, a combined in-house and externally sourced option.
  338         (b) A cost-benefit analysis that estimates all major cost
  339  elements associated with each sourcing option, focusing on
  340  including the nonrecurring and recurring lifecycle costs of each
  341  option. The analysis must also include a comparison of the
  342  estimated total 5-year lifecycle cost of the current agency e
  343  mail systems versus of each enterprise e-mail sourcing option
  344  and the total cost of existing e-mail services in order to
  345  determine the feasibility of funding the migration and operation
  346  of the statewide e-mail service and the overall level of savings
  347  that can be expected. The 5-year lifecycle costs for each state
  348  agency must include, but are not limited to:
  349         1. The total recurring operating costs of the current
  350  agency e-mail systems, including monthly mailbox costs,
  351  staffing, licensing and maintenance costs, hardware, and other
  352  related e-mail product and service costs.
  353         2. An estimate of nonrecurring hardware and software
  354  refresh, upgrade, or replacement costs based on the expected 5
  355  year obsolescence of current e-mail software products and
  356  equipment through the 2014 fiscal year, and the basis for the
  357  estimate.
  358         3. An estimate of recurring costs associated with the
  359  energy consumption of current agency e-mail equipment, and the
  360  basis for the estimate.
  361         4. Any other critical costs associated with the current
  362  agency e-mail systems which can reasonably be estimated and
  363  included in the business case analysis.
  364         (c)Estimated expenditures for each state agency associated
  365  with e-mail costs for the 2009-2010 fiscal year.
  366         (d)The plan must identify any existing e-mail
  367  infrastructure that should be considered for reuse.
  368         (e)A concise analysis of the ability of each sourcing
  369  option to meet major system requirements, including federal and
  370  state requirements for confidentiality, privacy, security, and
  371  records retention.
  372         (f)A complete description of the scope of functionality,
  373  operations, and required resources associated with each sourcing
  374  option.
  375         (g)Recommendations for standardizing the format of state
  376  e-mail addresses.
  377         (c)(h)A comparison of the migrating schedules of each
  378  sourcing option to the statewide e-mail service, including the
  379  approach and A reliable schedule for the decommissioning of all
  380  current state agency e-mail systems beginning with phase 1 and
  381  phase 2 as provided in subsection (4) and the migration of all
  382  agencies to the new system beginning by July 1, 2010, and
  383  completing by June 30, 2013.
  384         (4) All agencies must be completely migrated to the
  385  statewide e-mail service as soon as financially and
  386  operationally feasible, but no later than June 30, 2015.
  387         (a) The following statewide e-mail service implementation
  388  schedule is established for state agencies:
  389         1. Phase 1.—The following agencies must be completely
  390  migrated to the statewide e-mail system by June 30, 2012: the
  391  Agency for Enterprise Information Technology; the Department of
  392  Community Affairs, including the Division of Emergency
  393  Management; the Department of Corrections; the Department of
  394  Health; the Department of Highway Safety and Motor Vehicles; the
  395  Department of Management Services, including the Division of
  396  Administrative Hearings, the Division of Retirement, the
  397  Commission on Human Relations, and the Public Employees
  398  Relations Commission; and the Department of Revenue.
  399         2. Phase 2.—The following agencies must be completely
  400  migrated to the statewide e-mail system by June 30, 2013: the
  401  Department of Business and Professional Regulation; the
  402  Department of Education, including the Board of Governors; the
  403  Department of Environmental Protection; the Department of
  404  Juvenile Justice; the Department of the Lottery; the Department
  405  of State; the Department of Law Enforcement; the Department of
  406  Veterans’ Affairs; the Judicial Administration Commission; and
  407  the Statewide Guardian Ad Litem Office.
  408         3. Phase 3.—The following agencies must be completely
  409  migrated to the statewide e-mail system by June 30, 2014: the
  410  Agency for Health Care Administration; the Agency for Workforce
  411  Innovation; the Department of Financial Services, including the
  412  Office of Financial Regulation and the Office of Insurance
  413  Regulation; the Department of Agriculture and Consumer Services;
  414  the Executive Office of the Governor; the Department of
  415  Transportation; the Fish and Wildlife Conservation Commission;
  416  and the State Board of Administration.
  417         4. Phase 4.—The following agencies must be completely
  418  migrated to the statewide e-mail system by June 30, 2015: the
  419  Department of Children and Family Services; the Department of
  420  Citrus; the Department of Elderly Affairs; and the Department of
  421  Legal Affairs.
  422         (b) Agency requests to modify their scheduled implementing
  423  date must be submitted in writing to the Agency for Enterprise
  424  Information Technology. Any exceptions or modifications to the
  425  schedule must be approved by the Agency for Enterprise
  426  Information Technology based only on the following criteria:
  427         1. Avoiding nonessential investment in agency e-mail
  428  hardware or software refresh, upgrade, or replacement.
  429         2. Avoiding nonessential investment in new software or
  430  hardware licensing agreements, maintenance or support
  431  agreements, or e-mail staffing for current e-mail systems.
  432         3. Resolving known agency e-mail problems through migration
  433  to the statewide e-mail service.
  434         4. Accommodating unique agency circumstances that require
  435  an acceleration or delay of the implementation date.
  436         (5)(3) In order to develop the implementation recommended
  437  plan for the statewide e-mail service new system, the Agency for
  438  Enterprise Information Technology shall establish and coordinate
  439  a statewide e-mail project team. The agency shall also consult
  440  with and, as necessary, form workgroups consisting of agency e
  441  mail management staff, agency chief information officers, and
  442  agency budget directors, and other administrative staff. The
  443  statewide e-mail implementation plan must be submitted to the
  444  Governor, the President of the Senate, and the Speaker of the
  445  House of Representatives by July 1, 2011. State agencies must
  446  cooperate with the Agency for Enterprise Technology in its
  447  development of the plan.
  448         (6)(4) Unless authorized by the Legislature or as provided
  449  in subsection (7) (5), a state agency may shall not:
  450         (a) Initiate a new e-mail service or execute a new e-mail
  451  contract or new e-mail contract amendment for nonessential
  452  products or services with any entity other than the provider of
  453  the statewide e-mail system service;
  454         (b) Terminate a statewide e-mail system service without
  455  giving written notice of termination 180 days in advance; or
  456         (c) Transfer e-mail system services from the provider of
  457  the statewide e-mail system service.
  458         (7)(5) Exceptions to paragraphs (6) (4)(a), (b), and (c)
  459  may be granted by the Agency for Enterprise Information
  460  Technology only if the Southwood Shared Resource Center is
  461  unable to meet agency business requirements for the e-mail
  462  service, and if such requirements are essential to maintain
  463  agency operations. Requests for exceptions must be submitted in
  464  writing to the Agency for Enterprise Information Technology and
  465  include documented confirmation by the Southwood Shared Resource
  466  Center board of trustees that it cannot meet the requesting
  467  agency’s e-mail service requirements.
  468         (8) Each agency shall include the budget issues necessary
  469  for migrating to the statewide e-mail service in its legislative
  470  budget request before the first full year it is scheduled to
  471  migrate to the statewide service in accordance with budget
  472  instructions developed pursuant to s. 216.023.
  473         (9) The Agency for Enterprise Information Technology shall
  474  adopt rules to standardize the format for state agency e-mail
  475  addresses.
  476         (10) State agencies must fully cooperate with the Agency
  477  for Enterprise Information Technology in the performance of its
  478  responsibilities established in this section.
  479         Section 7. Section 408.0615, Florida Statutes, is repealed.
  480         Section 8. Section 17 of chapter 2008-116, Laws of Florida,
  481  is amended to read:
  482         Section 17. All data center functions performed, managed,
  483  operated, or supported by state agencies with resources and
  484  equipment currently located in a state primary data center
  485  created by this act, excluding application development, shall be
  486  transferred to the primary data center and that agency shall
  487  become a full-service customer entity by December 31, July 1,
  488  2010. All resources and equipment located in the primary data
  489  center shall be operated, managed, and controlled by the primary
  490  data center. Data center functions include, but are not limited
  491  to, all data center hardware, software, staff, contracted
  492  services, and facility resources performing data center
  493  management and operations, security, production control, backup
  494  and recovery, disaster recovery, system administration, database
  495  administration, system programming, job control, production
  496  control, print, storage, technical support, help desk, and
  497  managed services.
  498         (1) To accomplish the transition, each state agency that is
  499  a customer entity of a primary data center shall:
  500         (a) By October 1, 2009, submit a plan to the board of
  501  trustees of the appropriate primary data center describing costs
  502  and resources currently used to manage and maintain hardware and
  503  operating and support software housed at the primary data
  504  center, and a plan for transferring all resources allocated to
  505  data center functions to the primary data center. The plan
  506  shall:
  507         1. Include the itemized expenditures for all of the related
  508  equipment and software in the previous 5 fiscal years.
  509         2. Propose averages or weighted averages for transferring
  510  spending authority related to equipment and software based upon
  511  spending in the previous 5 fiscal years and projected needs for
  512  the upcoming 2 fiscal years.
  513         (b) Submit with its 2010-2011 legislative budget request
  514  budget adjustments necessary to accomplish the transfers. These
  515  adjustments shall include budget requests to replace existing
  516  spending authority in the appropriations categories used to
  517  manage, maintain, and upgrade hardware, operating software, and
  518  support software with an amount in a single appropriation
  519  category to pay for the services of the primary data center.
  520         (2) The board of trustees of each primary data center
  521  shall:
  522         (a) Be responsible for the efficient transfer of resources
  523  in user agencies relating to the provision of full services and
  524  shall coordinate the legislative budget requests of the affected
  525  agencies.
  526         (b) Include in its 2010-2011 legislative budget request
  527  additional budget authority to accommodate the transferred
  528  functions.
  529         (c) Develop proposed cost-recovery plans for its customer
  530  entities at its annual budget meeting held before July 1, 2010,
  531  using the principles established in s. 282.203, Florida
  532  Statutes.
  533         Section 9. Present subsections (25) through (28) of section
  534  282.0041, Florida Statutes, are renumbered as subsections (27)
  535  through (30), respectively, and new subsections (25) and (26)
  536  are added to that section, to read:
  537         282.0041 Definitions.—As used in this chapter, the term:
  538         (25) “SUNCOM Network” means the state enterprise
  539  telecommunications system that provides all methods of
  540  electronic or optical telecommunications beyond a single
  541  building or contiguous building complex and used by entities
  542  authorized as network users under this part.
  543         (26) “Telecommunications” means the science and technology
  544  of communication at a distance, including electronic systems
  545  used in the transmission or reception of information.
  546         Section 10. Section 282.702, Florida Statutes, is amended
  547  to read:
  548         282.702 Powers and duties.—The Department of Management
  549  Services shall have the following powers, duties, and functions:
  550         (1) To publish electronically the portfolio of services
  551  available from the department, including pricing information;
  552  the policies and procedures of the state communications network
  553  governing usage of available services; and a forecast of the
  554  department’s priorities for each telecommunications service and
  555  initiatives for the state communications system for the ensuing
  556  2 years.
  557         (2) To adopt technical standards by rule for the state
  558  telecommunications communications network which will ensure the
  559  interconnection and operational security of computer networks,
  560  telecommunications, and information systems of agencies.
  561         (3) To enter into agreements related to information
  562  technology and telecommunications services with state agencies
  563  and political subdivisions of the state.
  564         (4) To purchase from or contract with information
  565  technology providers for information technology, including
  566  private line services.
  567         (5) To apply for, receive, and hold such authorizations,
  568  patents, copyrights, trademarks, service marks, licenses, and
  569  allocations or channels and frequencies to carry out the
  570  purposes of this part.
  571         (6) To purchase, lease, or otherwise acquire and to hold,
  572  sell, transfer, license, or otherwise dispose of real, personal,
  573  and intellectual property, including, but not limited to,
  574  patents, trademarks, copyrights, and service marks.
  575         (7) To cooperate with any federal, state, or local
  576  emergency management agency in providing for emergency
  577  telecommunications communications services.
  578         (8) To control and approve the purchase, lease, or
  579  acquisition and the use of telecommunications communications
  580  services, software, circuits, and equipment provided as part of
  581  any other total telecommunications system to be used by the
  582  state or any of its agencies.
  583         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  584  relating to telecommunications communications and to administer
  585  the provisions of this part.
  586         (10) To apply for and accept federal funds for any of the
  587  purposes of this part as well as gifts and donations from
  588  individuals, foundations, and private organizations.
  589         (11) To monitor issues relating to telecommunication
  590  communications facilities and services before the Florida Public
  591  Service Commission and the Federal Communications Commission
  592  and, if when necessary, prepare position papers, prepare
  593  testimony, appear as a witness, and retain witnesses on behalf
  594  of state agencies in proceedings before the commissions
  595  commission.
  596         (12) Unless delegated to the agencies by the department, to
  597  manage and control, but not intercept or interpret,
  598  telecommunications communications within the SUNCOM Network by:
  599         (a) Establishing technical standards to physically
  600  interface with the SUNCOM Network.
  601         (b) Specifying how telecommunications communications are
  602  transmitted within the SUNCOM Network.
  603         (c) Controlling the routing of telecommunications
  604  communications within the SUNCOM Network.
  605         (d) Establishing standards, policies, and procedures for
  606  access to and the security of the SUNCOM Network.
  607         (e) Ensuring orderly and reliable telecommunication
  608  communications services in accordance with the service level
  609  agreements executed with state agencies.
  610         (13) To plan, design, and conduct experiments for
  611  telecommunication communications services, equipment, and
  612  technologies, and to implement enhancements in the state
  613  telecommunications communications network if when in the public
  614  interest and cost-effective. Funding for such experiments must
  615  shall be derived from SUNCOM Network service revenues and may
  616  shall not exceed 2 percent of the annual budget for the SUNCOM
  617  Network for any fiscal year or as provided in the General
  618  Appropriations Act. New services offered as a result of this
  619  subsection may shall not affect existing rates for facilities or
  620  services.
  621         (14) To enter into contracts or agreements, with or without
  622  competitive bidding or procurement, to make available, on a
  623  fair, reasonable, and nondiscriminatory basis, property and
  624  other structures under departmental control for the placement of
  625  new facilities by any wireless provider of mobile service as
  626  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  627  telecommunications company as defined in s. 364.02 if when it is
  628  determined to be practical and feasible to make such property or
  629  other structures available. The department may, without adopting
  630  a rule, charge a just, reasonable, and nondiscriminatory fee for
  631  the placement of the facilities, payable annually, based on the
  632  fair market value of space used by comparable telecommunications
  633  communications facilities in the state. The department and a
  634  wireless provider or telecommunications company may negotiate
  635  the reduction or elimination of a fee in consideration of
  636  services provided to the department by the wireless provider or
  637  telecommunications company. All such fees collected by the
  638  department shall be deposited directly into the Law Enforcement
  639  Radio Operating Trust Fund, and may be used by the department to
  640  construct, maintain, or support the system.
  641         (15) Establish policies that ensure that the department’s
  642  cost-recovery methodologies, billings, receivables,
  643  expenditures, budgeting, and accounting data are captured and
  644  reported timely, consistently, accurately, and transparently and
  645  are in compliance with all applicable federal and state laws and
  646  rules. The department shall annually submit to the Governor, the
  647  President of the Senate, and the Speaker of the House of
  648  Representatives a report that describes each service and its
  649  cost, the billing methodology for recovering the cost of the
  650  service, and, if applicable, the identity of those services that
  651  are subsidized.
  652         Section 11. Section 282.703, Florida Statutes, is amended
  653  to read:
  654         282.703 SUNCOM Network; exemptions from the required use.—
  655         (1) The SUNCOM Network is established There is created
  656  within the department as the state enterprise telecommunications
  657  the SUNCOM Network, which shall be developed to serve as the
  658  state communications system for providing local and long
  659  distance communications services to state agencies, political
  660  subdivisions of the state, municipalities, state universities,
  661  and nonprofit corporations pursuant to this part. The SUNCOM
  662  Network shall be developed to transmit all types of
  663  telecommunications communications signals, including, but not
  664  limited to, voice, data, video, image, and radio. State agencies
  665  shall cooperate and assist in the development and joint use of
  666  telecommunications communications systems and services.
  667         (2) The department shall design, engineer, implement,
  668  manage, and operate through state ownership, commercial leasing,
  669  contracted services, or some combination thereof, the
  670  facilities, and equipment, and contracts providing SUNCOM
  671  Network services, and shall develop a system of equitable
  672  billings and charges for telecommunications communication
  673  services.
  674         (3) The department shall own, manage, and establish
  675  standards for the telecommunications addressing and numbering
  676  plans for the SUNCOM Network. This includes distributing or
  677  revoking numbers and addresses to authorized users of the
  678  network and delegating or revoking the delegation of management
  679  of subsidiary groups of numbers and addresses to authorized
  680  users of the network.
  681         (4) The department shall maintain a directory of
  682  information and services that provides the names, phone numbers,
  683  and electronic mail addresses for employees, agencies, and
  684  network devices that are served, in whole or in part, by the
  685  SUNCOM Network. State agencies, state universities, and
  686  political subdivisions of the state shall cooperate with the
  687  department by providing timely and accurate directory
  688  information in the manner established by the department.
  689         (5)(3) All state agencies and state universities shall use
  690  the SUNCOM Network for agency and state university
  691  telecommunications communications services as the services
  692  become available; however, an no agency or university is not
  693  relieved of responsibility for maintaining telecommunications
  694  communications services necessary for effective management of
  695  its programs and functions.
  696         (a) If a SUNCOM Network service does not meet the
  697  telecommunications communications requirements of an agency or
  698  university, the agency or university must shall notify the
  699  department in writing and detail the requirements for that
  700  communications service. If the department is unable to meet an
  701  agency’s or university’s requirements by enhancing SUNCOM
  702  Network service, the department may grant the agency or
  703  university an exemption from the required use of specified
  704  SUNCOM Network services.
  705         (b) Unless an exemption has been granted by the department,
  706  effective October 1, 2010, all customers of a state primary data
  707  center must use the shared SUNCOM Network telecommunications
  708  services connecting the state primary data center to SUNCOM
  709  services for all telecommunications needs in accordance with
  710  department rules.
  711         1. Upon discovery of customer noncompliance with this
  712  paragraph, the department shall provide the affected customer
  713  with a schedule for transferring to the shared
  714  telecommunications services provided by the SUNCOM Network and
  715  an estimate of all associated costs. The state primary data
  716  centers and their customers shall cooperate with the department
  717  to accomplish the transfer.
  718         2. Customers may request an exemption from this paragraph
  719  in the same manner as authorized in paragraph (a).
  720         Section 12. Subsection (1) of section 282.707, Florida
  721  Statutes, is amended to read:
  722         282.707 SUNCOM Network; criteria for usage.—
  723         (1) The department and customers served by the department
  724  shall periodically review the qualifications of subscribers
  725  using the state SUNCOM Network and shall terminate services
  726  provided to a any facility not qualified under this part or
  727  rules adopted hereunder. In the event of nonpayment of invoices
  728  by subscribers whose SUNCOM Network invoices are paid from
  729  sources other than legislative appropriations, such nonpayment
  730  represents good and sufficient reason to terminate service.
  731         Section 13. Children’s Legal Services and the judiciary
  732  shall use the Florida Safe Families Network for child welfare
  733  case management.
  734         Section 14. There is appropriated to the Agency for
  735  Enterprise Information Technology three full-time equivalent
  736  positions and $300,000 in recurring General Revenue in a lump
  737  sum category for implementing the provisions of this act
  738  relating to the consolidation of information technology
  739  purchases which result in savings to the state.
  740         Section 15. This act shall take effect upon becoming a law.

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