To update the Rule Chapter and create an enforceable and comprehensive enterprise architecture for all state agencies consistent with Chapter 2020-161, L.O.F.

 

DEPARTMENT OF MANAGEMENT SERVICES

Florida Digital Service

RULE NOS.:RULE TITLES:

60GG-5.001Purpose and Applicability; Definitions

60GG-5.002Enterprise Architecture

PURPOSE AND EFFECT: To update the Rule Chapter and create an enforceable and comprehensive enterprise architecture for all state agencies consistent with Chapter 2020-161, L.O.F.

SUMMARY: Repealing Rule 60GG-5.001, F.A.C., and promulgating Rule 60GG-5.002, F.A.C., to create a comprehensive operational framework and unified information technology environment.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: (formerly “Specific Authority”): 282.0051(6)

LAW IMPLEMENTED: 282.0051, 282.206, F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Andrea Barber, Government Analyst, Department of Management Services, 4050 Esplanade Way, Tallahassee, Florida 32399, [e-mail], [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60GG-5.001 Purpose and Applicability; Definitions.

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051 FS. History–New 8-3-17, Formerly 74-5.001, Repealed         .

 

60GG-5.002 Enterprise Architecture.

(1)    Purpose and intent. The purpose of this Enterprise Architecture rule is for the Florida Digital Service (“FL[DS]”) to establish a statewide Enterprise Architecture. The intent of this Enterprise Architecture rule is to provide a comprehensive operational framework, including Standards and deliverables, that contemplates the needs and assets of the Enterprise to support Digital Interoperability.

(2)    “State of Florida Enterprise Architecture: Transforming the Way Florida Purchases and Manages State Technology Resources” (“EA Document”), effective [MM/YY], is hereby adopted and incorporated by reference and available at [FAR link]. The EA Document establishes the Enterprise Architecture, which includes Standards and deliverables.

(3)    Form FL[DS]-01, Technology Initiative Management Form (“FL[DS]-01”), effective [MM/YY], is hereby adopted and incorporated by reference and available at [FAR link]. When submission of the FL[DS]-01 is required pursuant to this rule, FL[DS] may accept submission of an alternative format provided it is equivalent to the FL[DS]-01. The equivalent form must include the deliverables identified in the FL[DS]-01, as verified by FL[DS]. If FL[DS] determines that the alternative format is not an equivalent to the FL[DS]-01, the Enterprise Agency must update and resubmit the equivalent form to FL[DS] within thirty (30) calendar days of being notified by FL[DS].

(4)    Definitions. Capitalized terms used herein are defined in section 1 of the EA Document.

(5)    Thresholds. For procurement or acquisition of Technology Asset(s) exceeding $195,000, Enterprise Agencies must complete and submit the FL[DS]-01, or an equivalent, in accordance with subsections (6) and (7) of this rule.

(6)    Implementation. FL[DS] recognizes three categories of Technology Asset(s). They are Technology Asset(s) Planned, Technology Asset(s) in Development, and Technology Asset(s) in Operation.

(a)     Technology Asset(s) Planned. A Technology Asset for which the intent to acquire has occurred but overt acts to initiate acquisition have not begun. This requirement applies regardless of the procurement method utilized. For all Technology Asset(s) Planned, the Enterprise Agency shall comply with the Standards and deliverables identified in the EA Document and FL[DS]-01, or equivalent. To document alignment with the EA Document and Standards and Deliverables, the Enterprise Agency must submit the FL[DS]-01, or an equivalent, in accordance with subsection (7) of this rule and must maintain supporting documentation in accordance with subsection (9) of this rule.

(b)    Technology Asset(s) in Development. A Technology Asset for which the purchase is complete, work has begun, but Implementation has not yet occurred. For Technology Asset(s) in Development as of the effective date of this rule, the Enterprise Agency should find the Enterprise Architecture instructive wherever reasonably possible.

(c)     Technology Asset(s) in Operation. A Technology Asset which has been made operational to Stakeholders or has been implemented. For Technology Asset(s) in Operation as of the effective date of this rule, the Enterprise Agency may find this rule instructive.

(7)    Completion and Submission of the FL[DS]-01 or an Equivalent. For all new Technology Assets as of the effective date of this rule, Enterprise Agencies must complete and submit the FL[DS]-01, or an equivalent, to FL[DS] in accordance with subsections (5) through (7) of this rule.

(a)     Prior to initiating acquisition of a Technology Asset, Enterprise Agencies must complete and submit the Strategy, Business, and Systems Domains sections of the FL[DS]-01, or an equivalent, to FL[DS]. The FL[DS]-01, or an equivalent, is not required to be completed to publish a Request for Information, as defined in section 287.012(22), F.S.

1.    Emergency Purchases. For emergency purchases, as described in section 287.057(3)(a), F.S., the requirement to submit the FL[DS]-01, or an equivalent, prior to acquisition, does not apply. Within ninety (90) calendar days of initiating the emergency Technology Asset acquisition, Enterprise Agencies must complete and submit the Strategy, Business, and Systems Domain sections of the FL[DS]-01, or an equivalent, along with a copy of the agency head’s written determination, as required by 287.057(3)(a), F.S.

(b)    Prior to implementing a Solution, Enterprise Agencies must complete and submit the Security, Data, Infrastructure, and Testing Domains sections of the FL[DS]-01, or an equivalent, to FL[DS].

1.    Emergency Purchase. For emergency purchases, as described in section 287.057(3)(a), F.S., the requirement to submit the FL[DS]-01, or an equivalent, prior to implementing a solution does not apply. Within one hundred and twenty (120) calendar days of implementing the Solution, Enterprise Agencies must complete and submit the Security, Data, Infrastructure, and Testing Domain sections of the FL[DS]-01, or an equivalent, to FL[DS].

(c)     If the Enterprise Agency makes any changes to Technology Asset(s) which alter previous information provided in a submitted FL[DS]-01, or an equivalent, the Enterprise Agency must submit an updated FL[DS]-01, or an equivalent, to FL[DS]. The Enterprise Agency must submit the updated FL[DS]-01, or equivalent, to FL[DS] prior to implementing the change.

1.    Emergency Purchases. For emergency purchases, as described in section 287.057(3)(a), F.S., the requirement to submit the updated FL[DS]-01, or an equivalent, prior to making a change to the Technology Asset does not apply. Within sixty (60) calendar days of implementing the change, Enterprise Agencies must complete and submit the updated FL[DS]-01, or an equivalent, to FL[DS].

(8)    Cabinet Agency Responsibilities. If a Cabinet Agency adopts alternative Standards in lieu of the Enterprise Architecture Standards, the Cabinet Agency must notify the Governor, the President of the Senate, and the Speaker of the House of Representatives in writing. The written notification must include a justification for adoption of the alternative Standards and explain how the Cabinet Agency will achieve Data Interoperability. A Cabinet Agency adopting alternative Standards should also provide the above-referenced notification to FL[DS].

(9)    Documentation. Enterprise Agencies must maintain all supporting documentation to validate completion of the deliverables identified in all of the Enterprise Agency’s FL[DS]-01 forms, or equivalents. Upon request, Enterprise Agencies must submit copies of supporting documentation to the Enterprise Agency’s FL[DS]-01, or equivalent, to FL[DS].  Enterprise Agencies shall be responsible for maintaining all supporting documentation pursuant to the applicable retention schedule approved by the Department of State, Division of Library and Information Services.

(10) FL[DS] Responsibilities. FL[DS] shall support Initiatives which align with the Enterprise Architecture. If requested, FL[DS] will:

(a)     Assist an Enterprise Agency in determining whether Technology Asset(s) align to the Enterprise Architecture outlined within the EA Document,

(b)    Support an Enterprise Agency’s efforts to align Technology Asset(s) to the Enterprise Architecture as outlined in the EA Document, and

(c)     Provide an Enterprise Agency an assessment of its compliance with the Enterprise Architecture as outlined in the EA Document within forty-five (45) calendar days of FL[DS]’s receipt of the request.

Rulemaking Authority 282.0051(6) FS. Law Implemented 282.0051, 282.206, F.S. History–New                .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Andrea Barber

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pedro Allende, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: June 25, 2021