Information Technology Procurement and Contracting

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A bill to be entitled 1
An act relating to information technology procurement 2
and contracting; amending s. 20.22, F.S.; providing 3
that the Bureau of Enterprise Project Management and 4
Oversight is within the Florida Digital Service; 5
amending s. 282.0041, F.S.; revising and providing 6
definitions; amending s. 282.0051, F.S.; revising the 7
duties and responsibilities of the Florida Digital 8
Service; requiring the Florida Digital Service to 9
manage certain contracts, report certain information 10
to specified parties annually, and adopt certain 11
rules; creating s. 282.00513, F.S.; creating the 12
Bureau of Enterprise Project Management and Oversight 13
within the Florida Digital Service; providing duties 14
and responsibilities of the bureau; requiring certain 15
parties to designate a chief of the bureau; creating 16
s. 282.00514, F.S.; requiring state agencies include 17
specified information in certain solicitations and 18
contracts; requiring state agencies to follow certain 19
processes and use certain forms in certain 20
circumstances; requiring state agencies to consult 21
with the Florida Digital Service and work 22
cooperatively with specified entities in certain 23
circumstances; requiring state agencies take certain 24
actions related to information technology project 25

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procurement planning; requiring state agencies to 26
comply with a specified framework established by the 27
Bureau of Enterprise Project Management and Oversight; 28
requiring state agencies provide information in a 29
specified format; amending s. 282.00515, F.S.; 30
conforming provisions to changes made by the act; 31
amending s. 287.057, F.S.; requiring the Department of 32
Management Services to maintain a specified repository 33
for certain records; creating s. 287.0583, F.S.; 34
providing contract requirements for certain 35
information technology commodities and services; 36
amending s. 287.0591, F.S.; revising requirements for 37
information technology competitive solicitations; 38
providing an effective date. 39
40
Be It Enacted by the Legislature of the State of Florida: 41
42
Section 1. Paragraph (b) of subsection (2) of section 43
20.22, Florida Statutes, is amended to read: 44
20.22 Department of Management Services.—There is created 45
a Department of Management Services. 46
(2) The following divisions, programs, and services within 47
the Department of Management Services are established: 48
(b) The Florida Digital Service, which shall include the 49
Bureau of Enterprise Project Management and Oversight. 50

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Section 2. Subsections (24) through (38) of section 51
282.0041, Florida Statutes, are renumbered as subsections (25) 52
through (39), respectively, subsections (28) and (30) are 53
amended, and a new subsection (24) is added to that section, to 54
read: 55
282.0041 Definitions.—As used in this chapter, the term: 56
(24) "Major information technology system" means an 57
information technology system with a total cost of ownership of 58
$10 million or more, which directly serves or impacts end users 59
in the delivery of constituent-facing services or which supports 60
mission-critical operations essential to a state agency's 61
statutory duties or core business functions. 62
(28)(27) "Project oversight" means an independent review 63
and assessment analysis of an information technology project 64
that provides information on the project's scope, completion 65
timeframes, performance measurement, and budget and that 66
identifies and quantifies issues or risks affecting the 67
successful and timely completion of the project. 68
(30)(29) "Risk assessment" means the process of 69
identifying operational risks and security risks, determining 70
their magnitude, and identifying areas needing safeguards. 71
Section 3. Section 282.0051, Florida Statutes, is amended 72
to read: 73
282.0051 Department of Management Services; Florida 74
Digital Service; powers, duties, and functions.— 75

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(1) The Florida Digital Service is has been created within 76
the department to propose innovative solutions that securely 77
modernize state government, including technology and information 78
services, to achieve value through digital transformation and 79
interoperability, and to fully support the cloud-first policy as 80
specified in s. 282.206. The department, through the Florida 81
Digital Service, shall have the following powers, duties, and 82
functions: 83
(a) Develop and publish information technology policy for 84
the management of the state's information technology resources. 85
(b) Develop an enterprise architecture that: 86
1. Acknowledges the unique needs of the entities within 87
the enterprise in the development and publication of standards 88
and terminologies to facilitate digital interoperability; 89
2. Supports the cloud-first policy as specified in s. 90
282.206; and 91
3. Addresses how information technology infrastructure may 92
be modernized to achieve cloud-first objectives. 93
(c) Establish project management and oversight standards 94
with which state agencies must comply when implementing 95
information technology projects. The department, acting through 96
the Florida Digital Service, shall update the provide training 97
opportunities to state agencies to assist in the adoption of the 98
project management and oversight standards by July 1, 2027, and 99
at least once every 2 years thereafter, incorporating best 100

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practices from the public and private sectors, as well as any 101
lessons learned by state agencies. When updating the standards, 102
the Florida Digital Service shall solicit input from all state 103
agencies. To support data-driven decisionmaking, the standards 104
must include, but are not limited to: 105
1. Performance measurements and metrics that objectively 106
assess reflect the progress and risks status of an information 107
technology project through performance baselines and monitoring 108
mechanisms to determine whether the project is performing as 109
planned and delivering the intended outcomes based on a defined 110
and documented project scope, cost, and schedule. 111
2. Methodologies for calculating acceptable variances 112
between the planned and in the projected versus actual scope of 113
a technology project which provide clear thresholds to guide 114
corrective actions. Such methodologies must account for project 115
complexity and scale, schedule, performance, quality, and the or 116
cost of an information technology project. 117
3. Reporting requirements, including requirements designed 118
to alert all defined stakeholders and the chairs of the 119
legislative appropriations committees when that an information 120
technology project has exceeded acceptable variances and 121
specifying procedures for escalating critical issues to 122
appropriate individuals defined and documented in a project 123
plan. 124
4. Content, format, and frequency of project updates. 125

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5. Technical standards to ensure an information technology 126
project complies with the enterprise architecture, including 127
interoperability, security, scalability, and data management 128
requirements. 129
6. Mechanisms for engaging stakeholders throughout a 130
project's life cycle. 131
(d) Provide training opportunities to state agencies 132
regarding the information technology project management and 133
oversight standards. 134
(e)(d) Perform project oversight on all state agency 135
information technology projects that have total project costs of 136
$10 million or more and that are funded in the General 137
Appropriations Act or any other law. The department, acting 138
through the Florida Digital Service, shall report at least 139
quarterly to the Executive Office of the Governor, the President 140
of the Senate, and the Speaker of the House of Representatives 141
on any information technology project that the Florida Digital 142
Service department identifies as high-risk due to the project 143
exceeding the acceptable project variance thresholds provided in 144
the project management and oversight standards ranges defined 145
and documented in a project plan. The report must include: 146
1. A risk assessment, including fiscal risks, associated 147
with proceeding to the next stage of the project. 148
2. Recommendations, and a recommendation for corrective 149
actions required, including suspension or termination of the 150

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project. 151
3. A list of all projects with a performance deficiency, 152
reported pursuant to s. 287.057(26)(d)1., which has not been 153
corrected by the vendor as of the end of the reporting period. 154
(f)(e) Identify opportunities for standardization and 155
consolidation of information technology services that support 156
interoperability and the cloud-first policy, as specified in s. 157
282.206, and business functions and operations, including 158
administrative functions such as purchasing, accounting and 159
reporting, cash management, and personnel, and that are common 160
across state agencies. The department, acting through the 161
Florida Digital Service, shall biennially on January 15 1 of 162
each odd-numbered even-numbered year provide recommendations for 163
standardization and consolidation to the Executive Office of the 164
Governor, the President of the Senate, and the Speaker of the 165
House of Representatives. 166
(g)(f) Establish best practices for the procurement of 167
information technology products and cloud-computing services in 168
order to reduce costs, increase the quality of data center 169
services, or improve government services. 170
(h)(g) Develop standards for information technology 171
reports and updates, including, but not limited to, operational 172
work plans, project spend plans, and project status reports, for 173
use by state agencies. 174
(i)(h) Upon request, assist state agencies in the 175

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development of information technology-related legislative budget 176
requests. 177
(j)(i) Conduct annual assessments of state agencies to 178
determine compliance with all information technology standards 179
and guidelines developed and published by the department and 180
provide results of the assessments to the Executive Office of 181
the Governor, the President of the Senate, and the Speaker of 182
the House of Representatives. 183
(j) Conduct a market analysis not less frequently than 184
every 3 years beginning in 2021 to determine whether the 185
information technology resources within the enterprise are 186
utilized in the most cost-effective and cost-efficient manner, 187
while recognizing that the replacement of certain legacy 188
information technology systems within the enterprise may be cost 189
prohibitive or cost inefficient due to the remaining useful life 190
of those resources; whether the enterprise is complying with the 191
cloud-first policy specified in s. 282.206; and whether the 192
enterprise is utilizing best practices with respect to 193
information technology, information services, and the 194
acquisition of emerging technologies and information services. 195
Each market analysis shall be used to prepare a strategic plan 196
for continued and future information technology and information 197
services for the enterprise, including, but not limited to, 198
proposed acquisition of new services or technologies and 199
approaches to the implementation of any new services or 200

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technologies. Copies of each market analysis and accompanying 201
strategic plan must be submitted to the Executive Office of the 202
Governor, the President of the Senate, and the Speaker of the 203
House of Representatives not later than December 31 of each year 204
that a market analysis is conducted. 205
(k) Recommend other information technology services that 206
should be designed, delivered, and managed as enterprise 207
information technology services. Recommendations must include 208
the identification of existing information technology resources 209
associated with the services, if existing services must be 210
transferred as a result of being delivered and managed as 211
enterprise information technology services. The recommendations 212
must be submitted to the Governor, the President of the Senate, 213
and the Speaker of the House of Representatives no later than 214
January 15 of each odd-numbered year. 215
(l) In consultation with state agencies, propose a 216
methodology and approach for identifying and collecting both 217
current and planned information technology expenditure data at 218
the state agency level. 219
(m)1. Notwithstanding any other law, provide project 220
oversight on any information technology project of the 221
Department of Financial Services, the Department of Legal 222
Affairs, and the Department of Agriculture and Consumer Services 223
which has a total project cost of $20 million or more. Such 224
information technology projects must also comply with the 225

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applicable information technology architecture, project 226
management and oversight, and reporting standards established by 227
the department, acting through the Florida Digital Service. 228
2. When performing the project oversight function 229
specified in subparagraph 1., report at least quarterly to the 230
Executive Office of the Governor, the President of the Senate, 231
and the Speaker of the House of Representatives on any 232
information technology project that the department, acting 233
through the Florida Digital Service, identifies as high-risk due 234
to the project exceeding the established acceptable project 235
variance thresholds ranges defined and documented in the project 236
plan. The report shall include a risk assessment, including 237
fiscal risks, associated with proceeding to the next stage of 238
the project and a recommendation for corrective actions 239
required, including suspension or termination of the project. 240
(n) If an information technology project implemented by a 241
state agency must be connected to or otherwise accommodated by 242
an information technology system administered by the Department 243
of Financial Services, the Department of Legal Affairs, or the 244
Department of Agriculture and Consumer Services, consult with 245
these departments regarding the risks and other effects of such 246
projects on their information technology systems and work 247
cooperatively with these departments regarding the connections, 248
interfaces, timing, or accommodations required to implement such 249
projects. 250

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(n)(o) If adherence to standards or policies adopted by or 251
established pursuant to this section causes conflict with 252
federal regulations or requirements imposed on an entity within 253
the enterprise and results in adverse action against an entity 254
or federal funding, work with the entity to provide alternative 255
standards, policies, or requirements that do not conflict with 256
the federal regulation or requirement. The department, acting 257
through the Florida Digital Service, shall annually report each 258
January 15 such alternative standards to the Executive Office of 259
the Governor, the President of the Senate, and the Speaker of 260
the House of Representatives. 261
(o)(p)1. Establish an information technology policy for 262
all information technology-related state contracts, including 263
state term contracts for information technology commodities, 264
consultant services, and staff augmentation services. The 265
information technology policy must include: 266
a. Identification of the information technology product 267
and service categories to be included in state term contracts. 268
b. Requirements to be included in solicitations for state 269
term contracts. 270
c. Evaluation criteria for the award of information 271
technology-related state term contracts. 272
d. The term of each information technology-related state 273
term contract. 274
e. The maximum number of vendors authorized on each state 275

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term contract. 276
f. At a minimum, a requirement that any contract for 277
information technology commodities or services meet the National 278
Institute of Standards and Technology Cybersecurity Framework. 279
g. For an information technology project wherein project 280
oversight is required pursuant to paragraph (e) (d) or paragraph 281
(m), a requirement that independent verification and validation 282
be employed throughout the project life cycle with the primary 283
objective of independent verification and validation being to 284
provide an objective assessment of products and processes 285
throughout the project life cycle. An entity providing 286
independent verification and validation may not have technical, 287
managerial, or financial interest in the project and may not 288
have responsibility for, or participate in, any other aspect of 289
the project. 290
2. Evaluate vendor responses for information technology-291
related state term contract solicitations and invitations to 292
negotiate. 293
3. Answer vendor questions on information technology-294
related state term contract solicitations. 295
4. Ensure that the information technology policy 296
established pursuant to subparagraph 1. is included in all 297
solicitations and contracts that are administratively executed 298
by the department. 299
(p)(q) Recommend potential methods for standardizing data 300

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across state agencies which will promote interoperability and 301
reduce the collection of duplicative data. 302
(q)(r) Recommend open data technical standards and 303
terminologies for use by the enterprise. 304
(r)(s) Ensure that enterprise information technology 305
solutions are capable of utilizing an electronic credential and 306
comply with the enterprise architecture standards. 307
(s) Review all state agency information technology 308
legislative budget requests to identify compliance issues 309
related to the enterprise architecture, project planning 310
standards, data interoperability, and cybersecurity. 311
(t) Identify efficiency opportunities in the use of 312
information technology resources. 313
(u) Submit recommendations for improvement or any 314
statutory changes necessary to implement the improvements to the 315
Governor, the President of the Senate, and the Speaker of the 316
House of Representatives no later than November 15 of each year. 317
(v) Develop, maintain, and publish, in collaboration with 318
the enterprise, a data dictionary for each agency that reflects 319
the nomenclature in the comprehensive indexed data catalog. 320
(w) Each December 1, compile an enterprise report of major 321
information technology systems approaching end-of-life within 5 322
fiscal years after such December 1, and submit the report to the 323
Governor, the President of the Senate, and the Speaker of the 324
House of Representatives. For purposes of this paragraph, "end-325

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of-life" means the point at which an information technology 326
resource no longer receives vendor support, uses obsolete 327
technology, cannot be adequately maintained, or fails to meet 328
enterprise architecture standards. The report must: 329
1. Describe each major information technology system, 330
including its primary functions, user base, and interconnections 331
or dependencies with other systems. 332
2. Provide the age, projected end-of-life date, technology 333
platform, and vendor support status of such system. 334
3. Identify the risks to operations, service delivery, or 335
cybersecurity if such system reaches end-of-life without 336
replacement. 337
4. Describe the plan for such system's replacement, 338
modernization, or retirement. 339
(2)(a) The Secretary of Management Services shall 340
designate a state chief information officer, who shall 341
administer the Florida Digital Service. The state chief 342
information officer, prior to appointment, must have at least 5 343
years of experience in the development of information system 344
strategic planning and development or information technology 345
policy, and, preferably, have leadership-level experience in the 346
design, development, and deployment of interoperable software 347
and data solutions. 348
(b) The state chief information officer, in consultation 349
with the Secretary of Management Services, shall designate a 350

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state chief data officer. The chief data officer must be a 351
proven and effective administrator who must have significant and 352
substantive experience in data management, data governance, 353
interoperability, and security. 354
(3) The department, acting through the Florida Digital 355
Service and from funds appropriated to the Florida Digital 356
Service, shall: 357
(a) Create, not later than December 1, 2022, and maintain 358
a comprehensive indexed data catalog in collaboration with the 359
enterprise that lists the data elements housed within the 360
enterprise and the legacy system or application in which these 361
data elements are located. The data catalog must, at a minimum, 362
specifically identify all data that is restricted from public 363
disclosure based on federal or state laws and regulations and 364
require that all such information be protected in accordance 365
with s. 282.318. 366
(4) The Florida Digital Service shall procure, execute, 367
and manage all independent verification and validation contracts 368
for state agencies entered into or amended on or after July 1, 369
2026. 370
(b) Develop and publish, not later than December 1, 2022, 371
in collaboration with the enterprise, a data dictionary for each 372
agency that reflects the nomenclature in the comprehensive 373
indexed data catalog. 374
(c) Adopt, by rule, standards that support the creation 375

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and deployment of an application programming interface to 376
facilitate integration throughout the enterprise. 377
(d) Adopt, by rule, standards necessary to facilitate a 378
secure ecosystem of data interoperability that is compliant with 379
the enterprise architecture. 380
(e) Adopt, by rule, standards that facilitate the 381
deployment of applications or solutions to the existing 382
enterprise system in a controlled and phased approach. 383
(f) After submission of documented use cases developed in 384
conjunction with the affected agencies, assist the affected 385
agencies with the deployment, contingent upon a specific 386
appropriation therefor, of new interoperable applications and 387
solutions: 388
1. For the Department of Health, the Agency for Health 389
Care Administration, the Agency for Persons with Disabilities, 390
the Department of Education, the Department of Elderly Affairs, 391
and the Department of Children and Families. 392
2. To support military members, veterans, and their 393
families. 394
(5)(4) For information technology projects that have a 395
total project cost of $10 million or more, the Florida Digital 396
Service shall: 397
(a) No later than January 1, 2027, establish a 398
presolicitation planning framework that includes standards, 399
procedures, forms, and guidance that state agencies must follow 400

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before issuing a competitive solicitation provide the Florida 401
Digital Service with written notice of any planned procurement 402
of an information technology project. 403
(b) The Florida Digital Service must Participate in the 404
development of specifications and recommend modifications to any 405
planned procurement of an information technology project by 406
state agencies so that the procurement complies with the 407
enterprise architecture and the presolicitation planning 408
framework. 409
(c) Certify that a state agency has complied with the 410
presolicitation planning framework and is ready to initiate the 411
planned procurement. The Florida Digital Service shall withhold 412
certification for any procurement that does not comply with the 413
established presolicitation planning framework. 414
(d)(c) The Florida Digital Service must Participate in 415
post-award contract monitoring, including risk oversight and 416
monitoring for issues or situations that should be elevated to 417
ensure timely resolution of the issue or situation. 418
(6)(5) The department, acting through the Florida Digital 419
Service, may not retrieve or disclose any data without a shared-420
data agreement in place between the Florida Digital Service 421
department and the enterprise entity that has primary custodial 422
responsibility of, or data-sharing responsibility for, that 423
data. The Florida Digital Service shall report to the Governor, 424
the President of the Senate, and the Speaker of the House of 425

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Representatives each January 15 any failure to reach a shared-426
data agreement with a state agency that prevents the Florida 427
Digital Service from fulfilling its duties and responsibilities. 428
(7)(6) The department, acting through the Florida Digital 429
Service, shall adopt rules: 430
(a) To administer this section and s. 282.00513. 431
(b) To support the creation and deployment of an 432
application programming interface to facilitate integration 433
throughout the enterprise. 434
(c) Necessary to facilitate a secure ecosystem of data 435
interoperability which is compliant with the enterprise 436
architecture. 437
(d) To facilitate the deployment of applications or 438
solutions to the existing enterprise system in a controlled and 439
phased approach. 440
Section 4. Section 282.00513, Florida Statutes, is created 441
to read: 442
282.00513 Bureau of Enterprise Project Management and 443
Oversight; duties.— 444
(1) There is created a Bureau of Enterprise Project 445
Management and Oversight within the Florida Digital Service, 446
which shall: 447
(a) Oversee the procurement of information technology 448
commodities and services by state agencies related to 449
information technology projects. 450

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(b) Oversee the performance of vendors under information 451
technology contracts for commodities or services entered into by 452
state agencies related to information technology projects. 453
(c) Develop a framework that provides processes, 454
activities, and deliverables state agencies must comply with 455
when planning an information technology project. The processes, 456
activities, and deliverables must include, but are not limited 457
to: 458
1. Business case development. The business case 459
development must include the information required by s. 460
287.0571(4), the expected business outcomes, full life cycle 461
cost estimates, governance structure, system interoperability 462
goals, data management plans, scalability approach, evaluation 463
of cybersecurity and data privacy risks, technology-specific 464
performance metrics and service levels, and outcome-based 465
performance indicators. 466
2. Market research, including the use of a request for 467
information, as defined in s. 287.012, to solicit information 468
about industry approaches and to view live demonstrations that 469
may enable the agency's business outcomes. Market research may 470
not be conducted in a manner that confers an unfair competitive 471
advantage including, but not limited to, the use of nonpublic 472
information, preferential access, or conducting evaluative 473
activities that may favor a specific vendor or group of vendors. 474
3. Planning and scheduling. 475

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4. Stakeholder engagement. 476
5. Risk assessment. 477
6. Procurement strategy. 478
7. Project governance definition. 479
8. System design and requirements. 480
9. Change management. 481
10. Monitoring and reporting. 482
11. Postimplementation review and planning. 483
12. Solicitation documentation. 484
(d) Develop a standardized governance structure with 485
clearly defined roles and decisionmaking authority a state 486
agency must use for an information technology project. The 487
governance structure must incorporate approval processes and 488
ongoing interagency engagement throughout the project lifecycle 489
for an information technology project that integrates with one 490
or more state agencies. The governance structure must also 491
include an executive steering committee responsible for: 492
1. Approving the project charter, scope, budget, and 493
schedule. 494
2. Approving changes to project scope, budget, or schedule 495
that exceed the variance thresholds established in the project 496
management and oversight standards adopted pursuant to s. 497
282.0051(1)(c). 498
3. Monitoring project progress and addressing risks. 499
4. Reviewing, evaluating, and determining whether to 500

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proceed with or suspend a project phase at major project 501
milestones. 502
5. Providing oversight of vendor performance. 503
6. Meeting at least quarterly and documenting decisions 504
and actionable items. 505
7. Notifying the chairs of the legislative appropriations 506
committees, in a timely manner, of any actual or forecasted 507
risks that exceed the established variance thresholds or impede 508
the ability to achieve the project's intended business outcomes 509
or overall success. 510
(e) Develop forms for state agencies to use to evaluate 511
and report the performance of information technology vendors in 512
the delivery of information technology commodities or services 513
on or before January 1, 2027. 514
(f) Develop trainings specific to information technology 515
that supplement and enhance the trainings offered by the 516
department under s. 287.057(15)(c) and (17)(b) and the Chief 517
Financial Officer under s. 287.057(15)(b). The bureau shall 518
evaluate such training at least once every 4 years to assess the 519
effectiveness and update the training curriculum. The training 520
must be designed to: 521
1. Address the unique requirements and risk profiles of 522
state information technology projects, procurements, contract 523
management, and vendor management. 524
2. Improve the technical understanding of the job 525

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requirements, certifications, and skill sets required by state 526
agencies recruiting for information technology roles. 527
(2) The state chief information officer, in consultation 528
with the Secretary of Management Services, shall designate a 529
chief of the Bureau of Enterprise Project Management and 530
Oversight. The chief must have demonstrable experience in the 531
governance of large-scale public sector information technology 532
initiatives and portfolios, negotiation and management of 533
information technology contracts, modular contracting and 534
delivery, and performance management. 535
Section 5. Section 282.00514, Florida Statutes, is created 536
to read: 537
282.00514 Duties of state agencies.— 538
(1) State agencies must include the information technology 539
policy adopted pursuant to s. 282.0051(1)(o) in all 540
solicitations and contracts for information technology 541
commodities or services. 542
(2) State agencies must follow the processes and use the 543
forms developed by the Bureau of Enterprise Project Management 544
and Oversight to evaluate and report the performance of 545
information technology vendors in the delivery of information 546
technology commodities or services. 547
(3) If an information technology project implemented by a 548
state agency must be connected to or otherwise accommodated by 549
an information technology system administered by the Department 550

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of Financial Services, the Department of Legal Affairs, or the 551
Department of Agriculture and Consumer Services, the state 552
agency must consult with the Florida Digital Service and with 553
such departments regarding the risks and other effects of such 554
projects on their information technology systems and work 555
cooperatively with these departments regarding the connections, 556
interfaces, timing, or accommodations required to implement such 557
projects. 558
(4) For information technology projects that have a total 559
project cost of $10 million or more, state agencies must: 560
(a) Provide the Florida Digital Service with written 561
notice of any planned procurement of an information technology 562
project, the proposed scope, the project specifications, and the 563
project business case at least 90 days before the planned 564
publication date of the competitive solicitation. 565
(b) Receive certification by the Florida Digital Service 566
that the project planning complies with the presolicitation 567
planning framework established by the Florida Digital Service 568
before any competitive solicitation related to an information 569
technology project may be issued. 570
(c) Comply with the governance framework established by 571
the Bureau of Enterprise Project Management and Oversight when 572
implementing an information technology project. 573
(d) Provide the Florida Digital Service all information 574
necessary for the Florida Digital Service to fulfill its project 575

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oversight responsibilities. 576
(5) State agencies must provide the information required 577
to complete the report in s. 282.0051(1)(w) in a format and 578
manner prescribed by the Florida Digital Service and must 579
certify the information provided is accurate and complete to the 580
best of their knowledge as of the submission date. 581
Section 6. Subsections (1) and (3) and paragraph (b) of 582
subsection (4) of section 282.00515, Florida Statutes, are 583
amended to read: 584
282.00515 Duties of Cabinet agencies.— 585
(1) The Department of Legal Affairs, the Department of 586
Financial Services, and the Department of Agriculture and 587
Consumer Services shall adopt the standards established in s. 588
282.0051(1)(b), (c), and (q) and (7)(d) s. 282.0051(1)(b), (c), 589
and (r) and (3)(e) or adopt alternative standards based on best 590
practices and industry standards that allow for open data 591
interoperability. 592
(3) The Department of Legal Affairs, the Department of 593
Financial Services, and the Department of Agriculture and 594
Consumer Services may contract with the Florida Digital Service 595
department to provide or perform any of the services and 596
functions described in s. 282.0051. 597
(4) 598
(b) The department, acting through the Florida Digital 599
Service, may not retrieve or disclose any data without a shared-600

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data agreement in place between the Florida Digital Service 601
department and the Department of Legal Affairs, the Department 602
of Financial Services, or the Department of Agriculture and 603
Consumer Services. 604
Section 7. Paragraph (e) is added to subsection (26) of 605
section 287.057, Florida Statutes, to read: 606
287.057 Procurement of commodities or contractual 607
services.— 608
(26) 609
(e) The department must maintain a centralized repository 610
of vendor performance records developed by the continuing 611
oversight teams for information technology services contracts. 612
Section 8. Section 287.0583, Florida Statutes, is created 613
to read: 614
287.0583 Contract requirements for information technology 615
commodities or services.—A contract for information technology 616
commodities or services entered into on or after October 1, 617
2026, involving the development, customization, implementation, 618
integration, support or maintenance of software systems, 619
applications, platforms, or related services must ensure the 620
following: 621
(1) Any data created, processed, or maintained under the 622
contract is portable and can be extracted in a machine-readable 623
format upon request. 624
(2) The vendor will provide, upon request, comprehensive 625

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operational documentation sufficient to allow continued 626
operation and maintenance by the agency or a new vendor. 627
(3) The vendor will provide, upon request, reasonable 628
assistance and support during a transition to the agency or to a 629
new vendor. 630
(4) All anticipated software license fees, license renewal 631
fees, and operation and maintenance costs are documented in 632
detail. If exact figures are not feasible, the vendor must 633
provide a reasonable cost range. 634
Section 9. Section 287.0591, Florida Statutes, is amended 635
to read: 636
287.0591 Information technology competitive solicitations; 637
vendor performance disqualification.— 638
(1)(a) Any competitive solicitation issued by the 639
department for a state term contract for information technology 640
commodities must include a term that does not exceed 48 months. 641
(b)(2) Any competitive solicitation issued by the 642
department for a state term contract for information technology 643
consultant services or information technology staff augmentation 644
contractual services must include a term that does not exceed 48 645
months. 646
(c)(3) The department may execute a state term contract 647
for information technology commodities, consultant services, or 648
staff augmentation contractual services that exceeds the 48-649
month requirement if the Secretary of Management Services and 650

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the state chief information officer certify in writing to the 651
Executive Office of the Governor that a longer contract term is 652
in the best interest of the state. 653
(2)(4) If the department issues a competitive solicitation 654
for information technology commodities, consultant services, or 655
staff augmentation contractual services, The Florida Digital 656
Service within the department shall participate in such 657
competitive solicitations for information technology 658
commodities, consultant services, or staff augmentation 659
contractual services issued by the department, which shall 660
include reviewing the solicitation specifications to verify 661
compliance with enterprise architecture and cybersecurity 662
standards, evaluating vendor responses under established 663
criteria, answering vendor questions, and providing any other 664
technical expertise necessary. 665
(3)(a)(5) If an agency issues a request for quote to 666
purchase information technology commodities, information 667
technology consultant services, or information technology staff 668
augmentation contractual services from the state term contract, 669
the agency must maintain a copy of the request for quote, the 670
identity of the vendor that was sent the request for quote, and 671
any vendor responses to the request for quote for 2 years after 672
the date of issuance of the purchase order for any contract with 673
25 approved vendors or fewer, the agency must issue a request 674
for quote to all vendors approved to provide such commodity or 675

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service. For any contract with more than 25 approved vendors, 676
the agency must issue a request for quote to at least 25 of the 677
vendors approved to provide such commodity or contractual 678
service. 679
(b) Use of a request for quote does not constitute a 680
decision or intended decision that is subject to protest under 681
s. 120.57(3). 682
(4)(a) An agency purchasing information technology 683
commodities, information technology consultant services, or 684
information technology staff augmentation contractual services 685
through a state term contract or through any other contract 686
vehicle as authorized by law that meet or exceed the CATEGORY 687
FOUR threshold amount must publish on a searchable and publicly 688
available system of record maintained by the department: 689
1. The written request for vendor pricing and services 690
information for at least 5 business days before executing a 691
contract or purchase order. 692
2. The name of the selected vendor and, for commodities, 693
the name of the commodity manufacturer. 694
(b) The agency must maintain a copy of the request for 695
vendor pricing and services information, the identity of the 696
vendors to whom the request was sent, and any vendor responses 697
for 2 years after the date of issuance of the purchase order. 698
(5) Agencies issuing a competitive solicitation to 699
purchase information technology services must consult the 700

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repository of vendor performance records developed under s. 701
287.057(26)(e), and consider any relevant records when 702
evaluating vendor responses to the competitive solicitation. 703
(6) To the extent practicable, an agency's contract for 704
the procurement of a major information technology system must be 705
divided into increments that: 706
(a) Address complex information technology objectives 707
incrementally to enhance the likelihood of attaining those 708
objectives. 709
(b) Provide for delivery, implementation, and testing of 710
workable systems or solutions in discrete increments, each of 711
which comprises a system or solution that is not dependent on a 712
subsequent increment in order to perform its principal 713
functions. 714
(c) Provide an opportunity for subsequent increments of 715
the acquisition to take advantage of any evolution in technology 716
or needs that occurs during the implementation of earlier 717
increments. 718
(7)(a)(6) Beginning October 1, 2021, and Each October 1 719
thereafter, the department shall prequalify firms and 720
individuals to provide information technology staff augmentation 721
contractual services and information technology commodities on 722
state term contract. 723
(b) In order to prequalify a firm or individual for 724
participation on the state term contract, the department must 725

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consider, at a minimum, the capability, experience, and past 726
performance record of the firm or individual. 727
(c) A firm or individual removed from the source of supply 728
pursuant to s. 287.042(1)(b) or placed on a disqualified vendor 729
list pursuant to s. 287.133 or s. 287.134 is immediately 730
disqualified from state term contract eligibility. 731
(d) Once a firm or individual has been prequalified to 732
provide information technology staff augmentation contractual 733
services or information technology commodities on state term 734
contract, the firm or individual may respond to requests for 735
quotes from an agency to provide such services. 736
(8) Notwithstanding s. 287.057, a competitive solicitation 737
is required for the procurement of information technology, as 738
defined in s. 282.0041, only when the total contract value 739
exceeds the CATEGORY FOUR threshold. Except as expressly 740
provided in this subsection, all other requirements continue to 741
apply to the procurement of information technology. 742
Section 10. This act shall take effect July 1, 2026. 743