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The Florida Statutes

The 2019 Florida Statutes

Title XIX
PUBLIC BUSINESS
Chapter 282
COMMUNICATIONS AND DATA PROCESSING
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F.S. 282.201
282.201 State data center.The state data center is established within the department. The provision of 1data 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, preferably an individual 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 information technology security.
(h) Assist customer entities in transitioning from state data center services to third-party cloud-computing services procured by a customer entity.
(2) USE OF THE STATE DATA CENTER.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.
(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.
History.s. 8, ch. 2008-116; s. 24, ch. 2009-21; s. 8, ch. 2009-80; s. 44, ch. 2010-5; s. 2, ch. 2010-148; s. 5, ch. 2011-50; s. 33, ch. 2012-96; s. 2, ch. 2012-134; s. 1, ch. 2012-142; s. 37, ch. 2013-15; ss. 47, 48, ch. 2013-41; s. 50, ch. 2014-19; ss. 13, 14, ch. 2014-221; ss. 60, 61, ch. 2018-10; ss. 80, 81, 82, 115, ch. 2019-116; s. 10, ch. 2019-118.
1Note.The words “data center” were added to the introductory paragraph of s. 282.201 by s. 60, ch. 2018-10; s. 61, ch. 2018-10, provides that the amendments by s. 60 of that act were repealed July 1, 2019, and the text reverts to that in existence on June 30, 2018. That version did not contain the words “data center,” but they are published in s. 10, ch. 2019-118, without coding.