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The Florida Statutes

The 2017 Florida Statutes

Title XLVIII
K-20 EDUCATION CODE
Chapter 1004
PUBLIC POSTSECONDARY EDUCATION
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F.S. 1004.649
1004.649 Northwest Regional Data Center.
(1) For the purpose of providing data center services to its state agency customers, the Northwest Regional Data Center shall:
(a) Operate under a governance structure that represents its customers proportionally.
(b) Maintain an appropriate cost-allocation methodology that accurately bills state agency customers based solely on the actual direct and indirect costs of the services provided to state agency customers, and ensures that for any fiscal year, state agency customers are not subsidizing other customers of the data center. Such cost-allocation methodology must comply with applicable state and federal regulations concerning the distribution and use of state and federal funds.
(c) Enter into a service-level agreement with each state agency customer to provide services as defined and approved by the governing board of the center. At a minimum, such service-level agreements must:
1. Identify the parties and their roles, duties, and responsibilities under the agreement;
2. State the duration of the agreement term and specify the conditions for renewal;
3. Identify the scope of work;
4. Establish the services to be provided, the business standards that must be met for each service, the cost of each service, and the process by which the business standards for each service are to be objectively measured and reported;
5. Provide a timely billing methodology for recovering the cost of services provided pursuant to s. 215.422;
6. Provide a procedure for modifying the service-level agreement to address any changes in projected costs of service;
7. Prohibit the transfer of computing services between the Northwest Regional Data Center and the state data center established pursuant to s. 282.201 without at least 180 days’ written notification of service cancellation;
8. Identify the products or services to be delivered with sufficient specificity to permit an external financial or performance audit; and
9. Provide that the service-level agreement may be terminated by either party for cause only after giving the other party notice in writing of the cause for termination and an opportunity for the other party to resolve the identified cause within a reasonable period.
(d) Provide to the Board of Governors the total annual budget by major expenditure category, including, but not limited to, salaries, expenses, operating capital outlay, contracted services, or other personnel services by July 30 each fiscal year.
(e) Provide to each state agency customer its projected annual cost for providing the agreed-upon data center services by September 1 each fiscal year.
(f) Provide a plan for consideration by the Legislative Budget Commission if the governing body of the center approves the use of a billing rate schedule after the start of the fiscal year that increases any state agency customer’s costs for that fiscal year.
(2) The Northwest Regional Data Center’s authority to provide data center services to its state agency customers may be terminated if:
(a) The center requests such termination to the Board of Governors, the Senate President, and the Speaker of the House of Representatives; or
(b) The center fails to comply with the provisions of this section.
(3) If such authority is terminated, the center shall have 1 year to provide for the transition of its state agency customers to the state data center established pursuant to s. 282.201.
History.s. 6, ch. 2011-63; s. 3, ch. 2012-142; s. 21, ch. 2014-221.