Fla. Stat. § 282.201
State data center
Redline — January 1, 2013 → current.View current text →
Current — January 1, 2025
As of January 1, 2013
A state data center system that includes all primary data centers, other nonprimary data centers, and computing facilities, and that provides an enterprise information technology service as defined in s. 282.0041, is established.
(1) INTENT.—The Legislature finds that the most efficient and effective means of providing quality utility data processing services to state agencies requires that computing resources be concentrated in quality facilities that provide the proper security, infrastructure, and staff resources to ensure that the state’s data is maintained reliably and safely, and is recoverable in the event of a disaster. Efficiencies resulting from such consolidation include the increased ability to leverage technological expertise and hardware and software capabilities; increased savings through consolidated purchasing decisions; and the enhanced ability to deploy technology improvements and implement new policies consistently throughout the consolidated organization. Unless otherwise exempt by law, it is the intent of the Legislature that all agency data centers and computing facilities be consolidated into a primary data center by 2019.
(2) AGENCY FOR ENTERPRISE INFORMATION TECHNOLOGY DUTIES.—The Agency for Enterprise Information Technology shall:
(a) Collect and maintain information necessary for developing policies relating to the data center system, including, but not limited to, an inventory of facilities.
(b) Annually approve cost-recovery mechanisms and rate structures for primary data centers which recover costs through charges to customer entities.
(c) By September 30 of each year, submit to the Legislature, the Executive Office of the Governor, and the primary data centers recommendations to improve the efficiency and cost-effectiveness of computing services provided by state data center system facilities. Such recommendations must include, but need not be limited to:
1. Policies for improving the cost-effectiveness and efficiency of the state data center system, which includes the primary data centers being transferred to a shared, virtualized server environment, and the associated cost savings resulting from the implementation of such policies.
2. Infrastructure improvements supporting the consolidation of facilities or preempting the need to create additional data centers or computing facilities.
3. Uniform disaster recovery standards.
4. Standards for primary data centers which provide cost-effective services and transparent financial data to user agencies.
5. Consolidation of contract practices or coordination of software, hardware, or other technology-related procurements and the associated cost savings.
6. Improvements to data center governance structures.
(d) By October 1 of each year, provide recommendations to the Governor and Legislature relating to changes to the schedule for the consolidations of state agency data centers as provided in subsection (4).
1. The recommendations must be based on the goal of maximizing current and future cost savings by:
a. Consolidating purchase decisions.
b. Leveraging expertise and other resources to gain economies of scale.
c. Implementing state information technology policies more effectively.
d. Maintaining or improving the level of service provision to customer entities.
2. The agency shall establish workgroups as necessary to ensure participation by affected agencies in the development of recommendations related to consolidations.
(e) Develop and establish rules relating to the operation of the state data center system which comply with applicable federal regulations, including 2 C.F.R. part 225 and 45 C.F.R. The rules must address:
1. Ensuring that financial information is captured and reported consistently and accurately.
2. Identifying standards for hardware, including standards for a shared, virtualized server environment, and operations system software and other operational software, including security and network infrastructure, for the primary data centers; requiring compliance with such standards in order to enable the efficient consolidation of the agency data centers or computing facilities; and providing an exemption process from compliance with such standards, which must be consistent with paragraph (5)(b).
3. Requiring annual full cost recovery on an equitable rational basis. The cost-recovery methodology must ensure that no service is subsidizing another service and may include adjusting the subsequent year’s rates as a means to recover deficits or refund surpluses from a prior year.
4. Requiring that any special assessment imposed to fund expansion is based on a methodology that apportions the assessment according to the proportional benefit to each customer entity.
5. Requiring that rebates be given when revenues have exceeded costs, that rebates be applied to offset charges to those customer entities that have subsidized the costs of other customer entities, and that such rebates may be in the form of credits against future billings.
6. Requiring that all service-level agreements have a contract term of up to 3 years, but may include an option to renew for up to 3 additional years contingent on approval by the board, and require at least a 180-day notice of termination.
(3) STATE AGENCY DUTIES.—
(a) For the purpose of completing the work activities described in subsections (1) and (2), each state agency shall provide to the Agency for Enterprise Information Technology all requested information relating to its data centers and computing facilities and any other information relevant to the agency’s ability to effectively transition its computer services into a primary data center. The agency shall also participate as required in workgroups relating to specific consolidation planning and implementation tasks as assigned by the Agency for Enterprise Information Technology and determined necessary to accomplish consolidation goals.
(b) Each state agency customer of a primary data center shall notify the data center, by May 31 and November 30 of each year, of any significant changes in anticipated utilization of data center services pursuant to requirements established by the boards of trustees of each primary data center.
(4) SCHEDULE FOR CONSOLIDATIONS OF AGENCY DATA CENTERS.—
(a) Consolidations of agency data centers shall be made by the date and to the specified primary data center as provided in this section and in accordance with budget adjustments contained in the General Appropriations Act.
(b) By December 31, 2011, the following shall be consolidated into the Northwest Regional Data Center:
1. The Department of Education’s Knott Data Center in the Turlington Building.
2. The Department of Education’s Division of Vocational Rehabilitation.
3. The Department of Education’s Division of Blind Services, except for the division’s disaster recovery site in Daytona Beach.
4. The FCAT Explorer.
(c) During the 2011-2012 fiscal year, the following shall be consolidated into the Southwood Shared Resource Center:
1. By September 30, 2011, the Department of Corrections.
2. By March 31, 2012, the Department of Transportation’s Burns Building.
3. By March 31, 2012, the Department of Transportation’s Survey & Mapping Office.
(d) By July 1, 2012, the Department of Highway Safety and Motor Vehicles’ Office of Commercial Vehicle Enforcement shall be consolidated into the Northwood Shared Resource Center.
(e) By September 30, 2012, the Department of Revenue’s Carlton Building and Imaging Center locations shall be consolidated into the Northwest Regional Data Center.
(f) During the 2012-2013 fiscal year, the following shall be consolidated into the Northwood Shared Resource Center:
1. By July 1, 2012, the Agency for Health Care Administration.
2. By August 31, 2012, the Department of Highway Safety and Motor Vehicles.
3. By December 31, 2012, the Department of Environmental Protection’s Palmetto Commons.
4. By December 31, 2012, the Department of Health’s Test and Development Lab and all remaining data center resources located at the Capital Circle Office Complex.
1(g) During the 2013-2014 fiscal year, the following shall be consolidated into the Southwood Shared Resource Center:
1. By October 31, 2013, the Department of Economic Opportunity.
2. By December 31, 2013, the Executive Office of the Governor, to include the Division of Emergency Management except for the Emergency Operation Center’s management system in Tallahassee and the Camp Blanding Emergency Operations Center in Starke.
3. By March 31, 2014, the Department of Elderly Affairs.
1(h) By October 30, 2013, the Fish and Wildlife Conservation Commission, except for the commission’s Fish and Wildlife Research Institute in St. Petersburg, shall be consolidated into the Northwood Shared Resource Center.
(i) During the 2014-2015 fiscal year, the following agencies shall work with the Agency for Enterprise Information Technology to begin preliminary planning for consolidation into a primary data center:
1. The Department of Health’s Jacksonville Lab Data Center.
2. The Department of Transportation’s district offices, toll offices, and the District Materials Office.
3. The Department of Military Affairs’ Camp Blanding Joint Training Center in Starke.
4. The Camp Blanding Emergency Operations Center in Starke.
5. The Department of Education’s Division of Blind Services disaster recovery site in Daytona Beach.
6. The Department of Education’s disaster recovery site at Santa Fe College.
7. The Fish and Wildlife Conservation Commission’s Fish and Wildlife Research Institute in St. Petersburg.
8. The Department of Children and Family Services’ Suncoast Data Center in Tampa.
9. The Department of Children and Family Services’ Florida State Hospital in Chattahoochee.
(j) During the 2015-2016 fiscal year, all computing resources remaining within an agency data center or computing facility, to include the Department of Financial Services’ Hartman, Larson, and Fletcher Buildings data centers, shall be transferred to a primary data center for consolidation unless otherwise required to remain in the agency for specified financial, technical, or business reasons that must be justified in writing and approved by the Agency for Enterprise Information Technology. Such data centers, computing facilities, and resources must be identified by the Agency for Enterprise Information Technology by October 1, 2014.
(k) The Department of Law Enforcement, the Department of the Lottery’s Gaming System, Systems Design and Development in the Office of Policy and Budget, and the State Board of Administration, state attorneys, public defenders, criminal conflict and civil regional counsel, capital collateral regional counsel, the Florida Clerks of Court Operations Corporation, and the Florida Housing Finance Corporation are exempt from data center consolidation under this section.
(l) Any agency that is consolidating agency data centers into a primary data center must execute a new or update an existing service-level agreement within 60 days after the specified consolidation date, as required by s. 282.203, in order to specify the services and levels of service it is to receive from the primary data center as a result of the consolidation. If an agency and primary data center are unable to execute a service-level agreement by that date, the agency and the primary data center shall submit a report to the Executive Office of the Governor and to the chairs of the legislative appropriations committees within 5 working days after that date which explains the specific issues preventing execution and describing the plan and schedule for resolving those issues.
(m) Beginning September 1, 2011, and every 6 months thereafter until data center consolidations are complete, the Agency for Enterprise Information Technology shall provide a status report on the implementation of the consolidations that must be completed during the fiscal year. The report shall be submitted to the Executive Office of the Governor and the chairs of the legislative appropriations committees. The report must, at a minimum, describe:
1. Whether the consolidation is on schedule, including progress on achieving the milestones necessary for successful and timely consolidation of scheduled agency data centers and computing facilities.
2. The risks that may affect the progress or outcome of the consolidation and how these risks are being addressed, mitigated, or managed.
(n) Each agency identified in this subsection for consolidation into a primary data center shall submit a transition plan to the appropriate primary data center by July 1 of the fiscal year before the fiscal year in which the scheduled consolidation will occur. Transition plans shall be developed in consultation with the appropriate primary data centers and the Agency for Enterprise Information Technology, and must include:
1. An inventory of the agency data center’s resources being consolidated, including all hardware and its associated life cycle replacement schedule, software, staff, contracted services, and facility resources performing data center management and operations, security, backup and recovery, disaster recovery, system administration, database administration, system programming, job control, production control, print, storage, technical support, help desk, and managed services, but excluding application development, and the agency’s costs supporting these resources.
2. A list of contracts in effect, including, but not limited to, contracts for hardware, software, and maintenance, which identifies the expiration date, the contract parties, and the cost of each contract.
3. A detailed description of the level of services needed to meet the technical and operational requirements of the platforms being consolidated.
4. A description of resources for computing services proposed to remain in the department.
5. A timetable with significant milestones for the completion of the consolidation.
(o) Each primary data center shall develop a transition plan for absorbing the transfer of agency data center resources based upon the timetables for transition as provided in this subsection. The plan shall be submitted to the Agency for Enterprise Information Technology, the Executive Office of the Governor, and the chairs of the legislative appropriations committees by September 1 of the fiscal year before the fiscal year in which the scheduled consolidations will occur. Each plan must include:
1. The projected cost to provide data center services for each agency scheduled for consolidation.
2. A staffing plan that identifies the projected staffing needs and requirements based on the estimated workload identified in the agency transition plan.
3. The fiscal year adjustments to budget categories in order to absorb the transfer of agency data center resources pursuant to the legislative budget request instructions provided in s. 216.023.
4. An analysis of the cost effects resulting from the planned consolidations on existing agency customers.
5. A description of any issues that must be resolved in order to accomplish as efficiently and effectively as possible all consolidations required during the fiscal year.
(p) Each agency identified in this subsection for consolidation into a primary data center shall submit with its respective legislative budget request the specific recurring and nonrecurring budget adjustments of resources by appropriation category into the appropriate data processing category pursuant to the legislative budget request instructions in s. 216.023.
(5) AGENCY LIMITATIONS.—
(a) Unless authorized by the Legislature or as provided in paragraphs (b) and (c), a state agency may not:
1. Create a new computing facility or data center, or expand the capability to support additional computer equipment in an existing computing facility or nonprimary data center;
2. Spend funds before the agency’s scheduled consolidation into a primary data center to purchase or modify hardware or operations software that does not comply with hardware and software standards established by the Agency for Enterprise Information Technology pursuant to paragraph (2)(e) for the efficient consolidation of the agency data centers or computing facilities;
3. Transfer existing computer services to any data center other than a primary data center;
4. Terminate services with a primary data center or transfer services between primary data centers without giving written notice of intent to terminate or transfer services 180 days before such termination or transfer; or
5. Initiate a new computer service except with a primary data center.
(b) Exceptions to the limitations in subparagraphs (a)1., 2., 3., and 5. may be granted by the Agency for Enterprise Information Technology if there is insufficient capacity in a primary data center to absorb the workload associated with agency computing services, if expenditures are compatible with the scheduled consolidation and the standards established pursuant to paragraph (2)(e), or if the equipment or resources are needed to meet a critical agency business need that cannot be satisfied from surplus equipment or resources of the primary data center until the agency data center is consolidated.
1. A request for an exception must be submitted in writing to the Agency for Enterprise Information Technology. The agency must accept, accept with conditions, or deny the request within 60 days after receipt of the written request. The agency’s decision is not subject to chapter 120.
2. At a minimum, the agency may not approve a request unless it includes:
a. Documentation approved by the primary data center’s board of trustees which confirms that the center cannot meet the capacity requirements of the agency requesting the exception within the current fiscal year.
b. A description of the capacity requirements of the agency requesting the exception.
c. Documentation from the agency demonstrating why it is critical to the agency’s mission that the expansion or transfer must be completed within the fiscal year rather than when capacity is established at a primary data center.
(c) Exceptions to subparagraph (a)4. may be granted by the board of trustees of the primary data center if the termination or transfer of services can be absorbed within the current cost-allocation plan.
(d) Upon the termination of or transfer of agency computing services from the primary data center, the primary data center shall require information sufficient to determine compliance with this section. If a primary data center determines that an agency is in violation of this section, it shall report the violation to the Agency for Enterprise Information Technology.
(6) RULES.—The Agency for Enterprise Information Technology may adopt rules to administer this part relating to the state data center system including the primary data centers.
The state data center is established within the department. The provision of data center services must comply with applicable state and federal laws, regulations, and policies, including all applicable security, privacy, and auditing requirements. The department shall appoint a director of the state data center who has experience in leading data center facilities and has expertise in cloud-computing management.
(1) STATE DATA CENTER DUTIES.—The state data center shall:
(a) Offer, develop, and support the services and applications defined in service-level agreements executed with its customer entities.
(b) Maintain performance of the state data center by ensuring proper data backup; data backup recovery; disaster recovery; and appropriate security, power, cooling, fire suppression, and capacity.
(c) Develop and implement business continuity and disaster recovery plans, and annually conduct a live exercise of each plan.
(d) Enter into a service-level agreement with each customer entity to provide the required type and level of service or services. If a customer entity fails to execute an agreement within 60 days after commencement of a service, the state data center may cease service. A service-level agreement may not have a term exceeding 3 years and at a minimum must:
1. Identify the parties and their roles, duties, and responsibilities under the agreement.
2. State the duration of the contract term and specify the conditions for renewal.
3. Identify the scope of work.
4. Identify the products or services to be delivered with sufficient specificity to permit an external financial or performance audit.
5. Establish the services to be provided, the business standards that must be met for each service, the cost of each service by agency application, and the metrics and processes by which the business standards for each service are to be objectively measured and reported.
6. Provide a timely billing methodology to recover the costs of services provided to the customer entity pursuant to s. 215.422.
7. Provide a procedure for modifying the service-level agreement based on changes in the type, level, and cost of a service.
8. Include a right-to-audit clause to ensure that the parties to the agreement have access to records for audit purposes during the term of the service-level agreement.
9. Provide that a service-level agreement may be terminated by either party for cause only after giving the other party and the department notice in writing of the cause for termination and an opportunity for the other party to resolve the identified cause within a reasonable period.
10. Provide for mediation of disputes by the Division of Administrative Hearings pursuant to s. 120.573.
(e) For purposes of chapter 273, be the custodian of resources and equipment located in and operated, supported, and managed by the state data center.
(f) Assume administrative access rights to resources and equipment, including servers, network components, and other devices, consolidated into the state data center.
1. Upon consolidation, a state agency shall relinquish administrative rights to consolidated resources and equipment. State agencies required to comply with federal and state criminal justice information security rules and policies shall retain administrative access rights sufficient to comply with the management control provisions of those rules and policies; however, the state data center shall have the appropriate type or level of rights to allow the center to comply with its duties pursuant to this section. The Department of Law Enforcement shall serve as the arbiter of disputes pertaining to the appropriate type and level of administrative access rights pertaining to the provision of management control in accordance with the federal criminal justice information guidelines.
2. The state data center shall provide customer entities with access to applications, servers, network components, and other devices necessary for entities to perform business activities and functions, and as defined and documented in a service-level agreement.
(g) In its procurement process, show preference for cloud-computing solutions that minimize or do not require the purchasing, financing, or leasing of state data center infrastructure, and that meet the needs of customer agencies, that reduce costs, and that meet or exceed the applicable state and federal laws, regulations, and standards for cybersecurity.
(h) Assist customer entities in transitioning from state data center services to the Northwest Regional Data Center or other third-party cloud-computing services procured by a customer entity or by the Northwest Regional Data Center on behalf of a customer entity.
1(2) USE OF THE STATE DATA CENTER.—
(a) The following are exempt from the use of the state data center: the Department of Law Enforcement, the Department of the Lottery’s Gaming System, Systems Design and Development in the Office of Policy and Budget, the regional traffic management centers as described in s. 335.14(2) and the Office of Toll Operations of the Department of Transportation, the State Board of Administration, state attorneys, public defenders, criminal conflict and civil regional counsel, capital collateral regional counsel, and the Florida Housing Finance Corporation.
(b) The Division of Emergency Management is exempt from the use of the state data center. This paragraph expires July 1, 2026.
(3) AGENCY LIMITATIONS.—Unless exempt from the use of the state data center pursuant to this section or authorized by the Legislature, a state agency may not:
(a) Create a new agency computing facility or data center, or expand the capability to support additional computer equipment in an existing agency computing facility or data center; or
(b) Terminate services with the state data center without giving written notice of intent to terminate services 180 days before such termination.
(4) DEPARTMENT RESPONSIBILITIES.—The department shall provide operational management and oversight of the state data center, which includes:
(a) Implementing industry standards and best practices for the state data center’s facilities, operations, maintenance, planning, and management processes.
(b) Developing and implementing cost-recovery mechanisms that recover the full direct and indirect cost of services through charges to applicable customer entities. Such cost-recovery mechanisms must comply with applicable state and federal regulations concerning distribution and use of funds and must ensure that, for any fiscal year, no service or customer entity subsidizes another service or customer entity. The department may recommend other payment mechanisms to the Executive Office of the Governor, the President of the Senate, and the Speaker of the House of Representatives. Such mechanisms may be implemented only if specifically authorized by the Legislature.
(c) Developing and implementing appropriate operating guidelines and procedures necessary for the state data center to perform its duties pursuant to subsection (1). The guidelines and procedures must comply with applicable state and federal laws, regulations, and policies and conform to generally accepted governmental accounting and auditing standards. The guidelines and procedures must include, but need not be limited to:
1. Implementing a consolidated administrative support structure responsible for providing financial management, procurement, transactions involving real or personal property, human resources, and operational support.
2. Implementing an annual reconciliation process to ensure that each customer entity is paying for the full direct and indirect cost of each service as determined by the customer entity’s use of each service.
3. Providing rebates that may be credited against future billings to customer entities when revenues exceed costs.
4. Requiring customer entities to validate that sufficient funds exist before implementation of a customer entity’s request for a change in the type or level of service provided, if such change results in a net increase to the customer entity’s cost for that fiscal year.
5. By November 15 of each year, providing to the Office of Policy and Budget in the Executive Office of the Governor and to the chairs of the legislative appropriations committees the projected costs of providing data center services for the following fiscal year.
6. Providing a plan for consideration by the Legislative Budget Commission if the cost of a service is increased for a reason other than a customer entity’s request made pursuant to subparagraph 4. Such a plan is required only if the service cost increase results in a net increase to a customer entity for that fiscal year.
7. Standardizing and consolidating procurement and contracting practices.
(d) In collaboration with the Department of Law Enforcement and the Florida Digital Service, developing and implementing a process for detecting, reporting, and responding to cybersecurity incidents, breaches, and threats.
(e) Adopting rules relating to the operation of the state data center, including, but not limited to, budgeting and accounting procedures, cost-recovery methodologies, and operating procedures.
(5) NORTHWEST REGIONAL DATA CENTER CONTRACT.—In order for the department to carry out its duties and responsibilities relating to the state data center, the secretary of the department shall contract by July 1, 2022, with the Northwest Regional Data Center pursuant to s. 287.057(11). The contract shall provide that the Northwest Regional Data Center will manage the operations of the state data center and provide data center services to state agencies.
(a) The department shall provide contract oversight, including, but not limited to, reviewing invoices provided by the Northwest Regional Data Center for services provided to state agency customers.
(b) The department shall approve or request updates to invoices within 10 business days after receipt. If the department does not respond to the Northwest Regional Data Center, the invoice will be approved by default. The Northwest Regional Data Center must submit approved invoices directly to state agency customers.
Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.