Senate Bill sb2488er

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  1                                 

  2         An act relating to law enforcement; amending s.

  3         23.1225, F.S.; providing clarification

  4         regarding agencies that may participate in such

  5         agreements; amending s. 282.1095, F.S.;

  6         authorizing a member of the Joint Task Force on

  7         State Agency Law Enforcement Communications to

  8         appoint an alternate; providing for the

  9         Department of Law Enforcement and the

10         Department of Community Affairs, Division of

11         Emergency Management, to work in conjunction

12         with the State Technology Office to establish

13         certain policies, procedures, and standards;

14         authorizing the office to make certain mutual

15         aid channels in the state radio communications

16         system available to other agencies; providing

17         for the creation of an interoperability

18         network; providing powers and duties of the

19         office; providing an effective date.

20  

21  Be It Enacted by the Legislature of the State of Florida:

22  

23         Section 1.  Section 23.1225, Florida Statutes, is

24  amended to read:

25         23.1225  Mutual aid agreements.--

26         (1)  The term "mutual aid agreement," as used in this

27  part, refers to one of the following types of agreement:

28         (a)  A voluntary cooperation written agreement between

29  two or more law enforcement agencies, or between one or more

30  law enforcement agencies and either a school board that

31  employs school safety officers or a state university that


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 1  employs or appoints university police officers in accordance

 2  with s. 1012.97, which agreement permits voluntary cooperation

 3  and assistance of a routine law enforcement nature across

 4  jurisdictional lines.  The agreement must specify the nature

 5  of the law enforcement assistance to be rendered, the agency

 6  or entity that shall bear any liability arising from acts

 7  undertaken under the agreement, the procedures for requesting

 8  and for authorizing assistance, the agency or entity that has

 9  command and supervisory responsibility, a time limit for the

10  agreement, the amount of any compensation or reimbursement to

11  the assisting agency or entity, and any other terms and

12  conditions necessary to give it effect. Examples of law

13  enforcement activities that may be addressed in a voluntary

14  cooperation written agreement include, but are not limited to,

15  establishing a joint city-county task force on narcotics

16  smuggling, authorizing school safety officers to enforce laws

17  in an area within 1,000 feet of a school or school board

18  property, or establishing a joint city-county traffic

19  enforcement task force.

20         (b)  A requested operational assistance written

21  agreement between two or more law enforcement agencies, or

22  between one or more law enforcement agencies and either a

23  school board that employs school safety officers or a state

24  university that employs or appoints university police officers

25  in accordance with s. 1012.97, which agreement is for the

26  rendering of assistance in a law enforcement emergency.  The

27  agreement must specify the nature of the law enforcement

28  assistance to be rendered, the agency or entity that shall

29  bear any liability arising from acts undertaken under the

30  agreement, the procedures for requesting and for authorizing

31  assistance, the agency or entity that has command and


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 1  supervisory responsibility, a time limit for the agreement,

 2  the amount of any compensation or reimbursement to the

 3  assisting agency or entity, and any other terms and conditions

 4  necessary to give it effect.  An example of the use of a

 5  requested operational assistance written agreement is to meet

 6  a request for assistance due to a civil disturbance or other

 7  emergency as defined in s. 252.34.

 8         (c)  A combination of the agreements described in

 9  paragraphs (a) and (b).

10         (d)  As used in this section, the term "law enforcement

11  agency" means any agency or unit of government that has

12  authority to employ or appoint law enforcement officers, as

13  defined in s. 943.10(1).

14         (2)  A mutual aid agreement may allow for discretion by

15  the parties as to when, whether, and to what extent assistance

16  will be available.

17         (3)  A mutual aid agreement may be entered into by a

18  law enforcement agency through a written agreement executed by

19  the chief executive officer of the agency, who is authorized

20  to contractually bind the agency.:

21         (a)  A sheriff;

22         (b)  A mayor or chief executive officer of a

23  municipality or county on behalf of a law enforcement agency,

24  if authorized by the governing body of the municipality or

25  county;

26         (c)  A school board that employs school safety

27  officers; or

28         (d)  A state university that employs or appoints

29  university police officers in accordance with s. 1012.97.

30  

31  


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 1         (4)  A copy of a mutual aid agreement must be filed

 2  with the Department of Law Enforcement within 14 days after it

 3  is signed.

 4         (5)  In the event of a disaster or emergency such that

 5  a state of emergency is declared by the Governor pursuant to

 6  chapter 252, the requirement that a requested operational

 7  assistance agreement be a written agreement for rendering of

 8  assistance in a law enforcement emergency may be waived by the

 9  participating agencies for a period of up to 90 days from the

10  declaration of the disaster.

11         (a)  When a law enforcement agency, a school board

12  employing school safety officers, or a state university

13  employing or appointing university police officers in

14  accordance with s. 1012.97 lends assistance pursuant to this

15  subsection, all powers, privileges, and immunities listed in

16  s. 23.127, except with regard to interstate mutual aid

17  agreements, apply to the agency or entity, if provided that

18  the law enforcement, school board, or university employees

19  rendering services are being requested and coordinated by the

20  affected local law enforcement executive in charge of law

21  enforcement operations.

22         (b)  A listing of such agencies or entities and the

23  officers and employees of such agencies or entities rendering

24  assistance pursuant to this subsection must be maintained by

25  the agency or entity requesting such assistance and filed at

26  the end of the 90-day period with the Florida Department of

27  Law Enforcement.

28         Section 2.  Section 282.1095, Florida Statutes, is

29  amended to read:

30         282.1095  State agency law enforcement radio system and

31  interoperability network.--


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 1         (1)  The State Technology Office may acquire and

 2  implement a statewide radio communications system to serve law

 3  enforcement units of state agencies, and to serve local law

 4  enforcement agencies through a mutual aid channels channel.

 5  The Joint Task Force on State Agency Law Enforcement

 6  Communications is established in the State Technology Office

 7  to advise the office of member-agency needs for the planning,

 8  designing, and establishment of the joint system. The State

 9  Agency Law Enforcement Radio System Trust Fund is established

10  in the State Technology Office. The trust fund shall be funded

11  from surcharges collected under ss. 320.0802 and 328.72.

12         (2)(a)  The Joint Task Force on State Agency Law

13  Enforcement Communications shall consist of eight members, as

14  follows:

15         1.  A representative of the Division of Alcoholic

16  Beverages and Tobacco of the Department of Business and

17  Professional Regulation who shall be appointed by the

18  secretary of the department.

19         2.  A representative of the Division of Florida Highway

20  Patrol of the Department of Highway Safety and Motor Vehicles

21  who shall be appointed by the executive director of the

22  department.

23         3.  A representative of the Department of Law

24  Enforcement who shall be appointed by the executive director

25  of the department.

26         4.  A representative of the Fish and Wildlife

27  Conservation Commission who shall be appointed by the

28  executive director of the commission.

29         5.  A representative of the Division of Law Enforcement

30  of the Department of Environmental Protection who shall be

31  appointed by the secretary of the department.


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 1         6.  A representative of the Department of Corrections

 2  who shall be appointed by the secretary of the department.

 3         7.  A representative of the Division of State Fire

 4  Marshal of the Department of Insurance who shall be appointed

 5  by the State Fire Marshal.

 6         8.  A representative of the Department of

 7  Transportation who shall be appointed by the secretary of the

 8  department.

 9         (b)  Each appointed member of the joint task force

10  shall serve at the pleasure of the appointing official.  Any

11  vacancy on the joint task force shall be filled in the same

12  manner as the original appointment. Any joint task force

13  member may, upon notification to the chair prior to the

14  beginning of any scheduled meeting, appoint an alternative to

15  represent the member on the task force and vote on task force

16  business in his or her absence.

17         (c)  The joint task force shall elect a chair from

18  among its members to serve a 1-year term. A vacancy in the

19  chair of the joint task force must be filled for the remainder

20  of the unexpired term by an election of the joint task force

21  members.

22         (d)  The joint task force shall meet as necessary, but

23  at least quarterly, at the call of the chair and at the time

24  and place designated by him or her.

25         (e)  The per diem and travel expenses incurred by a

26  member of the joint task force in attending its meetings and

27  in attending to its affairs shall be paid pursuant to s.

28  112.061, from funds budgeted to the state agency that the

29  member represents.

30         (f)  The State Technology Office is hereby authorized

31  to rent or lease space on any tower under its control. The


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 1  office may also rent, lease, or sublease ground space as

 2  necessary to locate equipment to support antennae on the

 3  towers.  The costs for use of such space shall be established

 4  by the office for each site, when it is determined to be

 5  practicable and feasible to make space available. The office

 6  may refuse to lease space on any tower at any site.  All

 7  moneys collected by the office for such rents, leases, and

 8  subleases shall be deposited directly into the Law Enforcement

 9  Radio Operating Trust Fund and may be used by the office to

10  construct, maintain, or support the system.

11         (g)  The State Technology Office is hereby authorized

12  to rent, lease, or sublease ground space on lands acquired by

13  the office for the construction of privately owned or publicly

14  owned towers. The office may, as a part of such rental, lease,

15  or sublease agreement, require space on said tower or towers

16  for antennae as may be necessary for the construction and

17  operation of the state agency law enforcement radio system or

18  any other state need. The positions necessary for the office

19  to accomplish its duties under this paragraph and paragraph

20  (f) shall be established in the General Appropriations Act and

21  shall be funded by the Law Enforcement Radio Operating Trust

22  Fund or other revenue sources.

23         (h)  The State Technology Office may make the mutual

24  aid channels in the statewide radio communications system

25  available to federal agencies, state agencies, and agencies of

26  the political subdivisions of the state for the purpose of

27  public safety and domestic security. The office shall exercise

28  its powers and duties, as specified in this chapter, to plan,

29  manage, and administer the mutual aid channels. The office

30  shall, in implementing such powers and duties, act in

31  consultation and conjunction with the Department of Law


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 1  Enforcement and the Division of Emergency Management of the

 2  Department of Community Affairs, and shall manage and

 3  administer the mutual aid channels in a manner that reasonably

 4  addresses the needs and concerns of the involved law

 5  enforcement agencies and emergency response agencies and

 6  entities.

 7         (3)  Upon appropriation, moneys in the trust fund may

 8  be used by the office to acquire by competitive procurement

 9  the equipment; software; and engineering, administrative, and

10  maintenance services it needs to construct, operate, and

11  maintain the statewide radio system.  Moneys in the trust fund

12  collected as a result of the surcharges set forth in ss.

13  320.0802 and 328.72 shall be used to help fund the costs of

14  the system.  Upon completion of the system, moneys in the

15  trust fund may also be used by the office to provide for

16  payment of the recurring maintenance costs of the system.

17         (4)(a)  The office shall, in conjunction with the

18  Department of Law Enforcement and the Division of Emergency

19  Management of the Department of Community Affairs, establish

20  policies, procedures, and standards which shall be

21  incorporated into a comprehensive management plan for the use

22  and operation of the statewide radio communications system.

23         (b)  The joint task force, in consultation with the

24  office, shall have the authority to permit other state

25  agencies to use the communications system, under terms and

26  conditions established by the joint task force.

27         (5)  The office shall provide technical support to the

28  joint task force and shall bear the overall responsibility for

29  the design, engineering, acquisition, and implementation of

30  the statewide radio communications system and for ensuring the

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 1  proper operation and maintenance of all system common

 2  equipment.

 3         (6)(a)  The State Technology Office may create and

 4  implement an interoperability network to enable

 5  interoperability between various radio communications

 6  technologies and to serve federal agencies, state agencies,

 7  and agencies of political subdivisions of the state for the

 8  purpose of public safety and domestic security. The office

 9  shall, in conjunction with the Department of Law Enforcement

10  and the Division of Emergency Management of the Department of

11  Community Affairs, exercise its powers and duties pursuant to

12  this chapter to plan, manage, and administer the

13  interoperability network. The office may:

14         1.  Enter into mutual aid agreements among federal

15  agencies, state agencies, and political subdivisions of the

16  state for the use of the interoperability network.

17         2.  Establish the cost of maintenance and operation of

18  the interoperability network and charge subscribing federal

19  and local law enforcement agencies for access and use of the

20  network. The State Technology Office may not charge state law

21  enforcement agencies identified in paragraph (2)(a) to use the

22  network.

23         3.  In consultation with the Department of Law

24  Enforcement and the Division of Emergency Management of the

25  Department of Community Affairs, amend and enhance the

26  statewide radio communications system as necessary to

27  implement the interoperability network.

28         (b)  The State Technology Office, in consultation with

29  the Joint Task Force on State Agency Law Enforcement

30  Communications, and in conjunction with the Department of Law

31  Enforcement and the Division of Emergency Management of the


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 1  Department of Community Affairs, shall establish policies,

 2  procedures, and standards to incorporate into a comprehensive

 3  management plan for the use and operation of the

 4  interoperability network.

 5         Section 3.  This act shall take effect upon becoming a

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