January 18, 2021
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       ENROLLED
       2010 Legislature                   CS for SB 2020, 2nd Engrossed
       
       
       
       
       
       
                                                             20102020er
    1  
    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         requiring that the agency develop standards for
    6         information technology services; amending s. 282.201,
    7         F.S.; deleting an obsolete provision; requiring that
    8         state agencies notify the data center of certain
    9         anticipated changes; amending s. 282.203, F.S.;
   10         specifying the contents of financial statements that
   11         must be provided by primary data centers; requiring
   12         that each data center submit to its board of trustees
   13         cost-reduction proposals and organizational plans;
   14         establishing a quorum for a data center board of
   15         trustees; providing additional duties for the board of
   16         trustees; amending s. 282.204, F.S.; deleting obsolete
   17         provisions relating to the Northwood Shared Resource
   18         Center; amending s. 282.315, F.S.; providing an
   19         additional duty for the Agency Chief Information
   20         Officers Council relating to the consolidated purchase
   21         of information technology products; amending s.
   22         282.34, F.S.; revising provisions relating to
   23         statewide e-mail services; providing the primary goals
   24         for the service; providing for the establishment of a
   25         multiagency team to solicit proposals for a statewide
   26         service by a certain date; specifying the requirements
   27         for competitive solicitation; requiring the
   28         multiagency team and the Agency for Enterprise
   29         Information Technology to submit a business case
   30         analysis to the Governor and Cabinet and the
   31         Legislature; requiring the analysis to include agency
   32         lifecycle costs; requiring all state agencies to have
   33         migrated to the statewide service by a certain date;
   34         providing for agency exceptions to the schedule;
   35         requiring the Agency for Enterprise Information
   36         Technology to submit an implementation plan to the
   37         Governor and Legislature by a certain date; requiring
   38         that each agency include requirements for migrating to
   39         the statewide e-mail service in its legislative budget
   40         request; directing the agency to adopt rules;
   41         repealing s. 408.0615, F.S., relating to the
   42         establishment of a secure facility protecting data
   43         held by the Agency for Health Care Administration;
   44         amending s. 17 of chapter 2008-116, Laws of Florida;
   45         revising the date for transferring data center
   46         functions to a primary data center; amending s.
   47         282.0041, F.S.; defining the terms “SUNCOM Network”
   48         and “telecommunications”; amending s. 282.702, F.S.;
   49         revising the powers and duties of the Department of
   50         Management Services with respect to telecommunications
   51         services; requiring that the department establish
   52         policies with respect to financial accounting and
   53         submit an annual report to the Governor and
   54         Legislature; amending s. 282.703, F.S.; revising
   55         provisions relating to the SUNCOM Network; authorizing
   56         the department to establish standards for addresses
   57         and numbers and to maintain a directory; requiring all
   58         customers of a state primary data center, except for
   59         state universities, to use SUNCOM services; providing
   60         for certain exemptions; amending s. 282.707, F.S.;
   61         requiring the department and customers served by the
   62         department to review the qualifications of subscribers
   63         using the SUNCOM Network; authorizing additional
   64         positions and providing an appropriation; providing an
   65         effective date.
   66  
   67  Be It Enacted by the Legislature of the State of Florida:
   68  
   69         Section 1. Paragraphs (g), (h), and (i) of subsection (4)
   70  of section 14.204, Florida Statutes, are amended, and paragraphs
   71  (j) and (k) are added to that subsection, to read:
   72         14.204 Agency for Enterprise Information Technology.—The
   73  Agency for Enterprise Information Technology is created within
   74  the Executive Office of the Governor.
   75         (4) The agency shall have the following duties and
   76  responsibilities:
   77         (g) Coordinate acquisition planning and procurement
   78  negotiations for hardware and software products and services in
   79  order to improve the efficiency and reduce the cost of
   80  enterprise information technology services acquisition necessary
   81  to consolidate data center or computer facilities
   82  infrastructure.
   83         (h) In consultation with the Division of Purchasing in the
   84  Department of Management Services, coordinate procurement
   85  negotiations for information technology products as defined in
   86  s. 282.0041 which software that will be used by multiple
   87  agencies.
   88         (i) In coordination with, and through the services of, the
   89  Division of Purchasing in the Department of Management Services,
   90  establish develop best practices for the procurement of
   91  information technology products as defined in s. 282.0041 in
   92  order to achieve savings for the state procurements.
   93         (j) Develop information technology standards for enterprise
   94  information technology services.
   95         (k) Provide annually, by December 31, recommendations to
   96  the Legislature relating to techniques for consolidating the
   97  purchase of information technology commodities and services,
   98  which result in savings for the state, and for establishing a
   99  process to achieve savings through consolidated purchases.
  100         Section 2. Paragraph (c) of subsection (2) of section
  101  282.201, Florida Statutes, is amended, and paragraph (d) is
  102  added to subsection (3) of that section, to read:
  103         282.201 State data center system; agency duties and
  104  limitations.—A state data center system that includes all
  105  primary data centers, other nonprimary data centers, and
  106  computing facilities, and that provides an enterprise
  107  information technology service as defined in s. 282.0041, is
  108  established.
  109         (2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.
  110  The Agency for Enterprise Information Technology shall:
  111         (c) By December 31 of each year beginning in 2009, submit
  112  to the Legislature recommendations to improve the efficiency and
  113  effectiveness of computing services provided by state data
  114  center system facilities. Such recommendations may include, but
  115  need not be limited to:
  116         1. Policies for improving the cost-effectiveness and
  117  efficiency of the state data center system.
  118         2. Infrastructure improvements supporting the consolidation
  119  of facilities or preempting the need to create additional data
  120  centers or computing facilities.
  121         3. Standards for an objective, credible energy performance
  122  rating system that data center boards of trustees can use to
  123  measure state data center energy consumption and efficiency on a
  124  biannual basis.
  125         4. Uniform disaster recovery standards.
  126         5. Standards for primary data centers providing transparent
  127  financial data to user agencies.
  128         6. Consolidation of contract practices or coordination of
  129  software, hardware, or other technology-related procurements.
  130         7. Improvements to data center governance structures.
  131         (3) STATE AGENCY DUTIES.—
  132         (d)Each state agency customer of a primary data center
  133  shall notify the data center, by May 31 and November 30 of each
  134  year, of any significant changes in anticipated utilization of
  135  data center services pursuant to requirements established by the
  136  boards of trustees of each primary data center.
  137         Section 3. Paragraph (d) of subsection (1), paragraph (d)
  138  of subsection (2), and paragraph (a) of subsection (3) of
  139  section 282.203, Florida Statutes, are amended, present
  140  paragraphs (e) through (j) of subsection (1) of that section are
  141  redesignated as paragraphs (f) through (l), respectively, new
  142  paragraphs (e) and (f) are added to that subsection, and
  143  paragraphs (k) and (l) are added to subsection (3) of that
  144  section, to read:
  145         282.203 Primary data centers.—
  146         (1) DATA CENTER DUTIES.—Each primary data center shall:
  147         (d) Provide transparent financial statements to customer
  148  entities, the center’s board of trustees, and the Agency for
  149  Enterprise Information Technology. The financial statements
  150  shall be provided as follows:
  151         1. Annually, by July 30 for the current fiscal year and by
  152  December 1 for the subsequent fiscal year, the data center must
  153  provide the total annual budgeted costs by major expenditure
  154  category, including, but not limited to, salaries, expense,
  155  operating capital outlay, contracted services, or other
  156  personnel services, which directly relate to the provision of
  157  each service and which separately indicate the administrative
  158  overhead allocated to each service.
  159         2. Annually, by July 30 for the current fiscal year and by
  160  December 1 for the subsequent fiscal year, the data center must
  161  provide total projected billings for each customer entity which
  162  are required to recover the costs of the data center.
  163         3. Annually, by January 31, the data center must provide
  164  updates of the financial statements required under subparagraphs
  165  1. and 2. for the current fiscal year.
  166         4. By February 15, for proposed legislative budget
  167  increases, the data center must provide updates of the financial
  168  statements required under subparagraphs 1. and 2. for the
  169  subsequent fiscal year.
  170  
  171  The financial information required under subparagraphs 1., 2.,
  172  and 3. must be based on current law and current appropriations.
  173         (e) Annually, by October 1, submit to the board of trustees
  174  cost-reduction proposals, including strategies and timetables
  175  for lowering customer entities’ costs without reducing the level
  176  of services.
  177         (f)By December 31, 2010, submit organizational plans that
  178  minimize the annual recurring cost of center operations and
  179  eliminate the need for state agency customers to maintain data
  180  center skills and staff within their agency. The plans shall:
  181         1. Establish an efficient organizational structure
  182  describing the roles and responsibilities of all positions and
  183  business units in the centers;
  184         2. Define a human resources planning and management process
  185  that shall be used to make required center staffing decisions;
  186  and
  187         3. Develop a process for projecting staffing requirements
  188  based on estimated workload identified in customer agency
  189  service level agreements.
  190         (2) BOARD OF TRUSTEES.—Each primary data center shall be
  191  headed by a board of trustees as defined in s. 20.03.
  192         (d) A majority of the members constitutes a quorum. The
  193  board shall take action by a majority vote of the members if a
  194  quorum is present. If there is a tie, the chair shall be on the
  195  prevailing side.
  196         (3) BOARD DUTIES.—Each board of trustees of a primary data
  197  center shall:
  198         (a) Employ an executive director, pursuant to s. 20.05, who
  199  serves at the pleasure of the board. The executive director is
  200  responsible for the daily operation of the primary data center,
  201  ensuring compliance with all laws and rules regulating the
  202  primary data center, managing primary data center employees, and
  203  the performance of the primary data center. The board shall
  204  establish an annual performance evaluation process for the
  205  executive director. The appointment of the executive director
  206  must be reconfirmed by the board biennially.
  207         (k) Coordinate with other primary data centers and the
  208  Agency for Enterprise Information Technology in order to
  209  consolidate purchases of goods and services and lower the cost
  210  of providing services to customer entities.
  211         (l) Contract with other primary data centers for the
  212  provision of administrative services or with the agency within
  213  which the primary data center is housed, whichever is most cost
  214  effective.
  215         Section 4. Section 282.204, Florida Statutes, is amended to
  216  read:
  217         282.204 Northwood Shared Resource Center.—
  218         (1)A workgroup shall be established within the Department
  219  of Children and Family Services for the purpose of developing a
  220  plan for converting its data center to a primary data center.
  221         (a)The workgroup shall be chaired by a member appointed by
  222  the secretary of the department. Workgroup members may include
  223  other state agencies who will be customers of the data center
  224  during the 2009-2010 fiscal year. The workgroup shall include
  225  staff members who have appropriate financial and technical
  226  skills as determined by the chair of the workgroup.
  227         (b)The conversion plan shall address organizational
  228  changes, personnel changes, cost-allocation plan changes, and
  229  any other changes necessary to effectively convert to a primary
  230  state data center capable of providing computer services as
  231  required by s. 282.201.
  232         (c)The workgroup shall submit recommendations for
  233  facilitating the conversion to the Governor and Cabinet, the
  234  President of the Senate, and the Speaker of the House of
  235  Representatives by December 31, 2008.
  236         (2)Effective July 1, 2009, The Northwood Shared Resource
  237  Center is an agency established within the Department of
  238  Children and Family Services for administrative purposes only.
  239         (1)(a) The center is a primary data center and shall be a
  240  separate budget entity that is not subject to control,
  241  supervision, or direction of the department in any manner,
  242  including, but not limited to, purchasing, transactions
  243  involving real or personal property, personnel, or budgetary
  244  matters.
  245         (2)(b) The center shall be headed by a board of trustees as
  246  provided in s. 282.203, who shall comply with all requirements
  247  of that section related to the operation of the center and with
  248  the rules of the Agency for Enterprise Information Technology
  249  related to the design and delivery of enterprise information
  250  technology services. The secretary of the department may appoint
  251  a temporary board chair for the purpose of convening the board
  252  of trustees, selecting a chair, and determining board
  253  membership.
  254         (3)The Department of Children and Family Services and the
  255  center shall identify resources associated with information
  256  technology functions which are not related to the support,
  257  management, and operation of the data center but which currently
  258  exist within the same budget entity as the data center. By
  259  October 1, 2009, the center shall submit a budget amendment to
  260  transfer resources associated with these functions to the
  261  department.
  262         Section 5. Paragraph (e) is added to subsection (1) of
  263  section 282.315, Florida Statutes, to read:
  264         282.315 Agency Chief Information Officers Council;
  265  creation.—The Legislature finds that enhancing communication,
  266  consensus building, coordination, and facilitation with respect
  267  to issues concerning enterprise information technology resources
  268  are essential to improving the management of such resources.
  269         (1) There is created an Agency Chief Information Officers
  270  Council to:
  271         (e) Annually, by October 1, identify information technology
  272  products, as defined in s. 282.0041, which, if purchased in a
  273  consolidated manner, would result in savings to the state, and
  274  develop recommendations regarding a process for consolidating
  275  such purchases. The council shall transmit its recommendations
  276  to the Agency for Enterprise Information Technology.
  277         Section 6. Section 282.34, Florida Statutes, is amended to
  278  read:
  279         282.34 Statewide e-mail service system.—A state e-mail
  280  system that includes the service delivery and support of for a
  281  statewide e-mail, messaging, and calendaring capabilities
  282  service is established as an enterprise information technology
  283  service as defined in s. 282.0041. The service shall be designed
  284  to meet the needs of all executive branch agencies and reduce
  285  the current cost of operation and support. The primary goals of
  286  the service are to minimize the state investment required to
  287  establish, operate, and support the statewide service; reduce
  288  the cost of current e-mail operations and the number of
  289  duplicative e-mail systems; and eliminate the need for each
  290  state agency to maintain its own e-mail staff.
  291         (1) The Southwood Shared Resource Center, a primary data
  292  center, shall be the provider of the statewide e-mail service
  293  for all state agencies system. The center shall centrally host,
  294  manage, and operate, and support the service, or outsource the
  295  hosting, management, operational, or support components of the
  296  service in order to achieve the primary goals identified in this
  297  section the e-mail system.
  298         (2) The Agency for Enterprise Information Technology, in
  299  consultation with the Southwood Shared Resource Center, shall
  300  establish and coordinate a multiagency project team to develop a
  301  competitive solicitation for establishing the statewide e-mail
  302  service.
  303         (a) The Southwood Shared Resource Center shall issue the
  304  competitive solicitation by August 31, 2010, with vendor
  305  responses required by October 15, 2010. Issuance of the
  306  competitive solicitation does not obligate the agency and the
  307  center to conduct further negotiations or to execute a contract.
  308  The decision to conduct or conclude negotiations, or execute a
  309  contract, must be made solely at the discretion of the agency.
  310         (b) The competitive solicitation must include detailed
  311  specifications describing:
  312         1. The current e-mail approach for state agencies and the
  313  specific business objectives met by the present system.
  314         2. The minimum functional requirements necessary for
  315  successful statewide implementation and the responsibilities of
  316  the prospective service provider and the agency.
  317         3. The form and required content for submitted proposals,
  318  including, but not limited to, a description of the proposed
  319  system and its internal and external sourcing options, a 5-year
  320  lifecycle-based pricing based on cost per mailbox per month, and
  321  a decommissioning approach for current e-mail systems; an
  322  implementation schedule and implementation services; a
  323  description of e-mail account management, help desk, technical
  324  support, and user provisioning services; disaster recovery and
  325  backup and restore capabilities; anti-spam and anti-virus
  326  capabilities; remote access and mobile messaging capabilities;
  327  and staffing requirements.
  328         (c) Other optional requirements specifications may be
  329  included in the competitive solicitation if not in conflict with
  330  the primary goals of the statewide e-mail service.
  331         (d) The competitive solicitation must permit alternative
  332  financial and operational models to be proposed, including, but
  333  not limited to:
  334         1. Leasing or usage-based subscription fees;
  335         2. Installing and operating the e-mail service within the
  336  Southwood Shared Resource Center or in a data center operated by
  337  an external service provider; or
  338         3. Provisioning the e-mail service as an Internet-based
  339  offering provided to state agencies. Specifications for proposed
  340  models must be optimized to meet the primary goals of the e-mail
  341  service.
  342         (3)(2) By December 31, 2010 2009, or within 1 month after
  343  negotiations are complete, whichever is later, the multiagency
  344  project team and the Agency for Enterprise Information
  345  Technology shall prepare a business case analysis containing its
  346  recommendations for procuring the statewide e-mail service for
  347  submission submit a proposed plan for the establishment of the
  348  e-mail system to the Governor and Cabinet, the President of the
  349  Senate, and the Speaker of the House of Representatives. The
  350  business case is not subject to challenge or protest pursuant to
  351  chapter 120. The business case must include The plan shall be
  352  developed to reduce costs to the state and include, at a
  353  minimum:
  354         (a) An assessment of the major risks that must be managed
  355  for each proposal compared to the risks for the current state
  356  agency e-mail system and the major benefits that are associated
  357  with each An analysis of the in-house and external sourcing
  358  options that should be considered for delivery and support of
  359  the service. The analysis shall include an internally hosted
  360  system option, an externally sourced system option, and, if
  361  necessary, a combined in-house and externally sourced option.
  362         (b) A cost-benefit analysis that estimates all major cost
  363  elements associated with each sourcing option, focusing on
  364  including the nonrecurring and recurring lifecycle costs of each
  365  option. The analysis must also include a comparison of the
  366  estimated total 5-year lifecycle cost of the current agency e
  367  mail systems versus of each enterprise e-mail sourcing option
  368  and the total cost of existing e-mail services in order to
  369  determine the feasibility of funding the migration and operation
  370  of the statewide e-mail service and the overall level of savings
  371  that can be expected. The 5-year lifecycle costs for each state
  372  agency must include, but are not limited to:
  373         1. The total recurring operating costs of the current
  374  agency e-mail systems, including monthly mailbox costs,
  375  staffing, licensing and maintenance costs, hardware, and other
  376  related e-mail product and service costs.
  377         2. An estimate of nonrecurring hardware and software
  378  refresh, upgrade, or replacement costs based on the expected 5
  379  year obsolescence of current e-mail software products and
  380  equipment through the 2014 fiscal year, and the basis for the
  381  estimate.
  382         3. An estimate of recurring costs associated with the
  383  energy consumption of current agency e-mail equipment, and the
  384  basis for the estimate.
  385         4. Any other critical costs associated with the current
  386  agency e-mail systems which can reasonably be estimated and
  387  included in the business case analysis.
  388         (c)Estimated expenditures for each state agency associated
  389  with e-mail costs for the 2009-2010 fiscal year.
  390         (d)The plan must identify any existing e-mail
  391  infrastructure that should be considered for reuse.
  392         (e)A concise analysis of the ability of each sourcing
  393  option to meet major system requirements, including federal and
  394  state requirements for confidentiality, privacy, security, and
  395  records retention.
  396         (f)A complete description of the scope of functionality,
  397  operations, and required resources associated with each sourcing
  398  option.
  399         (g)Recommendations for standardizing the format of state
  400  e-mail addresses.
  401         (c)(h)A comparison of the migrating schedules of each
  402  sourcing option to the statewide e-mail service, including the
  403  approach and A reliable schedule for the decommissioning of all
  404  current state agency e-mail systems beginning with phase 1 and
  405  phase 2 as provided in subsection (4) and the migration of all
  406  agencies to the new system beginning by July 1, 2010, and
  407  completing by June 30, 2013.
  408         (4) All agencies must be completely migrated to the
  409  statewide e-mail service as soon as financially and
  410  operationally feasible, but no later than June 30, 2015.
  411         (a) The following statewide e-mail service implementation
  412  schedule is established for state agencies:
  413         1. Phase 1.—The following agencies must be completely
  414  migrated to the statewide e-mail system by June 30, 2012: the
  415  Agency for Enterprise Information Technology; the Department of
  416  Community Affairs, including the Division of Emergency
  417  Management; the Department of Corrections; the Department of
  418  Health; the Department of Highway Safety and Motor Vehicles; the
  419  Department of Management Services, including the Division of
  420  Administrative Hearings, the Division of Retirement, the
  421  Commission on Human Relations, and the Public Employees
  422  Relations Commission; the Southwood Shared Resource Center; and
  423  the Department of Revenue.
  424         2. Phase 2.—The following agencies must be completely
  425  migrated to the statewide e-mail system by June 30, 2013: the
  426  Department of Business and Professional Regulation; the
  427  Department of Education, including the Board of Governors; the
  428  Department of Environmental Protection; the Department of
  429  Juvenile Justice; the Department of the Lottery; the Department
  430  of State; the Department of Law Enforcement; the Department of
  431  Veterans’ Affairs; the Judicial Administration Commission; the
  432  Public Service Commission; and the Statewide Guardian Ad Litem
  433  Office.
  434         3. Phase 3.—The following agencies must be completely
  435  migrated to the statewide e-mail system by June 30, 2014: the
  436  Agency for Health Care Administration; the Agency for Workforce
  437  Innovation; the Department of Financial Services, including the
  438  Office of Financial Regulation and the Office of Insurance
  439  Regulation; the Department of Agriculture and Consumer Services;
  440  the Executive Office of the Governor; the Department of
  441  Transportation; the Fish and Wildlife Conservation Commission;
  442  the Agency for Persons With Disabilities; the Northwood Shared
  443  Resource Center; and the State Board of Administration.
  444         4. Phase 4.—The following agencies must be completely
  445  migrated to the statewide e-mail system by June 30, 2015: the
  446  Department of Children and Family Services; the Department of
  447  Citrus; the Department of Elderly Affairs; and the Department of
  448  Legal Affairs.
  449         (b) Agency requests to modify their scheduled implementing
  450  date must be submitted in writing to the Agency for Enterprise
  451  Information Technology. Any exceptions or modifications to the
  452  schedule must be approved by the Agency for Enterprise
  453  Information Technology based only on the following criteria:
  454         1. Avoiding nonessential investment in agency e-mail
  455  hardware or software refresh, upgrade, or replacement.
  456         2. Avoiding nonessential investment in new software or
  457  hardware licensing agreements, maintenance or support
  458  agreements, or e-mail staffing for current e-mail systems.
  459         3. Resolving known agency e-mail problems through migration
  460  to the statewide e-mail service.
  461         4. Accommodating unique agency circumstances that require
  462  an acceleration or delay of the implementation date.
  463         (5)(3) In order to develop the implementation recommended
  464  plan for the statewide e-mail service new system, the Agency for
  465  Enterprise Information Technology shall establish and coordinate
  466  a statewide e-mail project team. The agency shall also consult
  467  with and, as necessary, form workgroups consisting of agency e
  468  mail management staff, agency chief information officers, and
  469  agency budget directors, and other administrative staff. The
  470  statewide e-mail implementation plan must be submitted to the
  471  Governor, the President of the Senate, and the Speaker of the
  472  House of Representatives by July 1, 2011. State agencies must
  473  cooperate with the Agency for Enterprise Technology in its
  474  development of the plan.
  475         (6)(4) Unless authorized by the Legislature or as provided
  476  in subsection (7) (5), a state agency may shall not:
  477         (a) Initiate a new e-mail service or execute a new e-mail
  478  contract or new e-mail contract amendment for nonessential
  479  products or services with any entity other than the provider of
  480  the statewide e-mail system service;
  481         (b) Terminate a statewide e-mail system service without
  482  giving written notice of termination 180 days in advance; or
  483         (c) Transfer e-mail system services from the provider of
  484  the statewide e-mail system service.
  485         (7)(5) Exceptions to paragraphs (6) (4)(a), (b), and (c)
  486  may be granted by the Agency for Enterprise Information
  487  Technology only if the Southwood Shared Resource Center is
  488  unable to meet agency business requirements for the e-mail
  489  service, and if such requirements are essential to maintain
  490  agency operations. Requests for exceptions must be submitted in
  491  writing to the Agency for Enterprise Information Technology and
  492  include documented confirmation by the Southwood Shared Resource
  493  Center board of trustees that it cannot meet the requesting
  494  agency’s e-mail service requirements.
  495         (8) Each agency shall include the budget issues necessary
  496  for migrating to the statewide e-mail service in its legislative
  497  budget request before the first full year it is scheduled to
  498  migrate to the statewide service in accordance with budget
  499  instructions developed pursuant to s. 216.023.
  500         (9) The Agency for Enterprise Information Technology shall
  501  adopt rules to standardize the format for state agency e-mail
  502  addresses.
  503         (10) State agencies must fully cooperate with the Agency
  504  for Enterprise Information Technology in the performance of its
  505  responsibilities established in this section.
  506         (11)The Agency for Enterprise Information Technology shall
  507  recommend changes to an agency’s scheduled date for migration to
  508  the statewide e-mail service pursuant to s. 282.34, annually by
  509  December 31, until migration to the statewide service is
  510  complete.
  511         Section 7. Section 408.0615, Florida Statutes, is repealed.
  512         Section 8. Section 17 of chapter 2008-116, Laws of Florida,
  513  is amended to read:
  514         Section 17. All data center functions performed, managed,
  515  operated, or supported by state agencies with resources and
  516  equipment currently located in a state primary data center
  517  created by this act, excluding application development, shall be
  518  transferred to the primary data center and that agency shall
  519  become a full-service customer entity by December 31, July 1,
  520  2010. All resources and equipment located in the primary data
  521  center shall be operated, managed, and controlled by the primary
  522  data center. Data center functions include, but are not limited
  523  to, all data center hardware, software, staff, contracted
  524  services, and facility resources performing data center
  525  management and operations, security, production control, backup
  526  and recovery, disaster recovery, system administration, database
  527  administration, system programming, job control, production
  528  control, print, storage, technical support, help desk, and
  529  managed services.
  530         (1) To accomplish the transition, each state agency that is
  531  a customer entity of a primary data center shall:
  532         (a) By October 1, 2009, submit a plan to the board of
  533  trustees of the appropriate primary data center describing costs
  534  and resources currently used to manage and maintain hardware and
  535  operating and support software housed at the primary data
  536  center, and a plan for transferring all resources allocated to
  537  data center functions to the primary data center. The plan
  538  shall:
  539         1. Include the itemized expenditures for all of the related
  540  equipment and software in the previous 5 fiscal years.
  541         2. Propose averages or weighted averages for transferring
  542  spending authority related to equipment and software based upon
  543  spending in the previous 5 fiscal years and projected needs for
  544  the upcoming 2 fiscal years.
  545         (b) Submit with its 2010-2011 legislative budget request
  546  budget adjustments necessary to accomplish the transfers. These
  547  adjustments shall include budget requests to replace existing
  548  spending authority in the appropriations categories used to
  549  manage, maintain, and upgrade hardware, operating software, and
  550  support software with an amount in a single appropriation
  551  category to pay for the services of the primary data center.
  552         (2) The board of trustees of each primary data center
  553  shall:
  554         (a) Be responsible for the efficient transfer of resources
  555  in user agencies relating to the provision of full services and
  556  shall coordinate the legislative budget requests of the affected
  557  agencies.
  558         (b) Include in its 2010-2011 legislative budget request
  559  additional budget authority to accommodate the transferred
  560  functions.
  561         (c) Develop proposed cost-recovery plans for its customer
  562  entities at its annual budget meeting held before July 1, 2010,
  563  using the principles established in s. 282.203, Florida
  564  Statutes.
  565         Section 9. Present subsections (25) through (28) of section
  566  282.0041, Florida Statutes, are renumbered as subsections (27)
  567  through (30), respectively, and new subsections (25) and (26)
  568  are added to that section, to read:
  569         282.0041 Definitions.—As used in this chapter, the term:
  570         (25) “SUNCOM Network” means the state enterprise
  571  telecommunications system that provides all methods of
  572  electronic or optical telecommunications beyond a single
  573  building or contiguous building complex and used by entities
  574  authorized as network users under this part.
  575         (26) “Telecommunications” means the science and technology
  576  of communication at a distance, including electronic systems
  577  used in the transmission or reception of information.
  578         Section 10. Section 282.702, Florida Statutes, is amended
  579  to read:
  580         282.702 Powers and duties.—The Department of Management
  581  Services shall have the following powers, duties, and functions:
  582         (1) To publish electronically the portfolio of services
  583  available from the department, including pricing information;
  584  the policies and procedures of the state communications network
  585  governing usage of available services; and a forecast of the
  586  department’s priorities for each telecommunications service and
  587  initiatives for the state communications system for the ensuing
  588  2 years.
  589         (2) To adopt technical standards by rule for the state
  590  telecommunications communications network which will ensure the
  591  interconnection and operational security of computer networks,
  592  telecommunications, and information systems of agencies.
  593         (3) To enter into agreements related to information
  594  technology and telecommunications services with state agencies
  595  and political subdivisions of the state.
  596         (4) To purchase from or contract with information
  597  technology providers for information technology, including
  598  private line services.
  599         (5) To apply for, receive, and hold such authorizations,
  600  patents, copyrights, trademarks, service marks, licenses, and
  601  allocations or channels and frequencies to carry out the
  602  purposes of this part.
  603         (6) To purchase, lease, or otherwise acquire and to hold,
  604  sell, transfer, license, or otherwise dispose of real, personal,
  605  and intellectual property, including, but not limited to,
  606  patents, trademarks, copyrights, and service marks.
  607         (7) To cooperate with any federal, state, or local
  608  emergency management agency in providing for emergency
  609  telecommunications communications services.
  610         (8) To control and approve the purchase, lease, or
  611  acquisition and the use of telecommunications communications
  612  services, software, circuits, and equipment provided as part of
  613  any other total telecommunications system to be used by the
  614  state or any of its agencies.
  615         (9) To adopt rules pursuant to ss. 120.536(1) and 120.54
  616  relating to telecommunications communications and to administer
  617  the provisions of this part.
  618         (10) To apply for and accept federal funds for any of the
  619  purposes of this part as well as gifts and donations from
  620  individuals, foundations, and private organizations.
  621         (11) To monitor issues relating to telecommunications
  622  communications facilities and services before the Florida Public
  623  Service Commission and the Federal Communications Commission
  624  and, if when necessary, prepare position papers, prepare
  625  testimony, appear as a witness, and retain witnesses on behalf
  626  of state agencies in proceedings before the commissions
  627  commission.
  628         (12) Unless delegated to the agencies by the department, to
  629  manage and control, but not intercept or interpret,
  630  telecommunications communications within the SUNCOM Network by:
  631         (a) Establishing technical standards to physically
  632  interface with the SUNCOM Network.
  633         (b) Specifying how telecommunications communications are
  634  transmitted within the SUNCOM Network.
  635         (c) Controlling the routing of telecommunications
  636  communications within the SUNCOM Network.
  637         (d) Establishing standards, policies, and procedures for
  638  access to and the security of the SUNCOM Network.
  639         (e) Ensuring orderly and reliable telecommunications
  640  communications services in accordance with the service level
  641  agreements executed with state agencies.
  642         (13) To plan, design, and conduct experiments for
  643  telecommunications communications services, equipment, and
  644  technologies, and to implement enhancements in the state
  645  telecommunications communications network if when in the public
  646  interest and cost-effective. Funding for such experiments must
  647  shall be derived from SUNCOM Network service revenues and may
  648  shall not exceed 2 percent of the annual budget for the SUNCOM
  649  Network for any fiscal year or as provided in the General
  650  Appropriations Act. New services offered as a result of this
  651  subsection may shall not affect existing rates for facilities or
  652  services.
  653         (14) To enter into contracts or agreements, with or without
  654  competitive bidding or procurement, to make available, on a
  655  fair, reasonable, and nondiscriminatory basis, property and
  656  other structures under departmental control for the placement of
  657  new facilities by any wireless provider of mobile service as
  658  defined in 47 U.S.C. s. 153(27) or s. 332(d) and any
  659  telecommunications company as defined in s. 364.02 if when it is
  660  determined to be practical and feasible to make such property or
  661  other structures available. The department may, without adopting
  662  a rule, charge a just, reasonable, and nondiscriminatory fee for
  663  the placement of the facilities, payable annually, based on the
  664  fair market value of space used by comparable telecommunications
  665  communications facilities in the state. The department and a
  666  wireless provider or telecommunications company may negotiate
  667  the reduction or elimination of a fee in consideration of
  668  services provided to the department by the wireless provider or
  669  telecommunications company. All such fees collected by the
  670  department shall be deposited directly into the Law Enforcement
  671  Radio Operating Trust Fund, and may be used by the department to
  672  construct, maintain, or support the system.
  673         (15) Establish policies that ensure that the department’s
  674  cost-recovery methodologies, billings, receivables,
  675  expenditures, budgeting, and accounting data are captured and
  676  reported timely, consistently, accurately, and transparently and
  677  are in compliance with all applicable federal and state laws and
  678  rules. The department shall annually submit to the Governor, the
  679  President of the Senate, and the Speaker of the House of
  680  Representatives a report that describes each service and its
  681  cost, the billing methodology for recovering the cost of the
  682  service, and, if applicable, the identity of those services that
  683  are subsidized.
  684         Section 11. Section 282.703, Florida Statutes, is amended
  685  to read:
  686         282.703 SUNCOM Network; exemptions from the required use.—
  687         (1) The SUNCOM Network is established There is created
  688  within the department as the state enterprise telecommunications
  689  the SUNCOM Network, which shall be developed to serve as the
  690  state communications system for providing local and long
  691  distance communications services to state agencies, political
  692  subdivisions of the state, municipalities, state universities,
  693  and nonprofit corporations pursuant to this part. The SUNCOM
  694  Network shall be developed to transmit all types of
  695  telecommunications communications signals, including, but not
  696  limited to, voice, data, video, image, and radio. State agencies
  697  shall cooperate and assist in the development and joint use of
  698  telecommunications communications systems and services.
  699         (2) The department shall design, engineer, implement,
  700  manage, and operate through state ownership, commercial leasing,
  701  contracted services, or some combination thereof, the
  702  facilities, and equipment, and contracts providing SUNCOM
  703  Network services, and shall develop a system of equitable
  704  billings and charges for telecommunications communication
  705  services.
  706         (3) The department shall own, manage, and establish
  707  standards for the telecommunications addressing and numbering
  708  plans for the SUNCOM Network. This includes distributing or
  709  revoking numbers and addresses to authorized users of the
  710  network and delegating or revoking the delegation of management
  711  of subsidiary groups of numbers and addresses to authorized
  712  users of the network.
  713         (4) The department shall maintain a directory of
  714  information and services which provides the names, phone
  715  numbers, and e-mail addresses for employees, agencies, and
  716  network devices that are served, in whole or in part, by the
  717  SUNCOM Network. State agencies and political subdivisions of the
  718  state shall cooperate with the department by providing timely
  719  and accurate directory information in the manner established by
  720  the department.
  721         (5)(3) All state agencies and state universities shall use
  722  the SUNCOM Network for agency telecommunications and state
  723  university communications services as the services become
  724  available; however, an no agency or university is not relieved
  725  of responsibility for maintaining telecommunications
  726  communications services necessary for effective management of
  727  its programs and functions.
  728         (a) If a SUNCOM Network service does not meet the
  729  telecommunications communications requirements of an agency or
  730  university, the agency must or university shall notify the
  731  department in writing and detail the requirements for that
  732  communications service. If the department is unable to meet an
  733  agency’s or university’s requirements by enhancing SUNCOM
  734  Network service, the department may grant the agency or
  735  university an exemption from the required use of specified
  736  SUNCOM Network services.
  737         (b) Unless an exemption has been granted by the department,
  738  effective October 1, 2010, all customers of a state primary data
  739  center, excluding state universities, must use the shared SUNCOM
  740  Network telecommunications services connecting the state primary
  741  data center to SUNCOM services for all telecommunications needs
  742  in accordance with department rules.
  743         1. Upon discovery of customer noncompliance with this
  744  paragraph, the department shall provide the affected customer
  745  with a schedule for transferring to the shared
  746  telecommunications services provided by the SUNCOM Network and
  747  an estimate of all associated costs. The state primary data
  748  centers and their customers shall cooperate with the department
  749  to accomplish the transfer.
  750         2. Customers may request an exemption from this paragraph
  751  in the same manner as authorized in paragraph (a).
  752         Section 12. Subsection (1) of section 282.707, Florida
  753  Statutes, is amended to read:
  754         282.707 SUNCOM Network; criteria for usage.—
  755         (1) The department and customers served by the department
  756  shall periodically review the qualifications of subscribers
  757  using the state SUNCOM Network and shall terminate services
  758  provided to a any facility not qualified under this part or
  759  rules adopted hereunder. In the event of nonpayment of invoices
  760  by subscribers whose SUNCOM Network invoices are paid from
  761  sources other than legislative appropriations, such nonpayment
  762  represents good and sufficient reason to terminate service.
  763         Section 13. There is appropriated to the Agency for
  764  Enterprise Information Technology three full-time equivalent
  765  positions and $300,000 in recurring General Revenue in a lump
  766  sum category for implementing the provisions of this act
  767  relating to the consolidation of information technology
  768  purchases which result in savings to the state.
  769         Section 14. This act shall take effect upon becoming a law.

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