Senate Bill sb2636

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2003                                  SB 2636

    By Senator Dockery





    15-1503A-03

  1                      A bill to be entitled

  2         An act relating to the state agency law

  3         enforcement radio system and interoperability

  4         network; amending s. 282.1095, F.S.; providing

  5         for the Department of Law Enforcement and the

  6         Department of Community Affairs, Division of

  7         Emergency Management, to work in conjunction

  8         with the State Technology Office to establish

  9         certain policies, procedures, and standards;

10         authorizing the office to make certain mutual

11         aid channels in the state radio communications

12         system available to other agencies; providing

13         for the creation of an interoperability

14         network; providing powers and duties of the

15         office; providing an effective date.

16  

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

18  

19         Section 1.  Section 282.1095, Florida Statutes, is

20  amended to read:

21         282.1095  State agency law enforcement radio system and

22  interoperability network.--

23         (1)  The State Technology Office may acquire and

24  implement a statewide radio communications system to serve law

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

26  enforcement agencies through a mutual aid channels channel.

27  The Joint Task Force on State Agency Law Enforcement

28  Communications is established in the State Technology Office

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

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

31  Agency Law Enforcement Radio System Trust Fund is established

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2636
    15-1503A-03




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

 2  from surcharges collected under ss. 320.0802 and 328.72.

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

 4  Enforcement Communications shall consist of eight members, as

 5  follows:

 6         1.  A representative of the Division of Alcoholic

 7  Beverages and Tobacco of the Department of Business and

 8  Professional Regulation who shall be appointed by the

 9  secretary of the department.

10         2.  A representative of the Division of Florida Highway

11  Patrol of the Department of Highway Safety and Motor Vehicles

12  who shall be appointed by the executive director of the

13  department.

14         3.  A representative of the Department of Law

15  Enforcement who shall be appointed by the executive director

16  of the department.

17         4.  A representative of the Fish and Wildlife

18  Conservation Commission who shall be appointed by the

19  executive director of the commission.

20         5.  A representative of the Division of Law Enforcement

21  of the Department of Environmental Protection who shall be

22  appointed by the secretary of the department.

23         6.  A representative of the Department of Corrections

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

25         7.  A representative of the Division of State Fire

26  Marshal of the Department of Insurance who shall be appointed

27  by the State Fire Marshal.

28         8.  A representative of the Department of

29  Transportation who shall be appointed by the secretary of the

30  department.

31  

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2636
    15-1503A-03




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

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

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

 4  manner as the original appointment.

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

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

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

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

 9  members.

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

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

12  and place designated by him or her.

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

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

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

16  112.061, from funds budgeted to the state agency that the

17  member represents.

18         (f)  The State Technology Office is hereby authorized

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

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

21  necessary to locate equipment to support antennae on the

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

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

24  practicable and feasible to make space available. The office

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

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

27  subleases shall be deposited directly into the Law Enforcement

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

29  construct, maintain, or support the system.

30         (g)  The State Technology Office is hereby authorized

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

                                  3

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2636
    15-1503A-03




 1  the office for the construction of privately owned or publicly

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

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

 4  for antennae as may be necessary for the construction and

 5  operation of the state agency law enforcement radio system or

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

 7  to accomplish its duties under this paragraph and paragraph

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

 9  shall be funded by the Law Enforcement Radio Operating Trust

10  Fund or other revenue sources.

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

12  aid channels in the statewide radio communications system

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

14  the political subdivisions of the state for the purpose of

15  public safety and domestic security. The office shall exercise

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

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

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

19  consultation and conjunction with the Department of Law

20  Enforcement and the Division of Emergency Management of the

21  Department of Community Affairs, and shall manage and

22  administer the mutual aid channels in a manner that reasonably

23  addresses the needs and concerns of the involved law

24  enforcement agencies and emergency response agencies and

25  entities.

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

27  be used by the office to acquire by competitive procurement

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

29  maintenance services it needs to construct, operate, and

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

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

                                  4

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2636
    15-1503A-03




 1  320.0802 and 328.72 shall be used to help fund the costs of

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

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

 4  payment of the recurring maintenance costs of the system.

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

 6  Department of Law Enforcement and the Division of Emergency

 7  Management of the Department of Community Affairs, establish

 8  policies, procedures, and standards which shall be

 9  incorporated into a comprehensive management plan for the use

10  and operation of the statewide radio communications system.

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

12  office, shall have the authority to permit other state

13  agencies to use the communications system, under terms and

14  conditions established by the joint task force.

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

16  joint task force and shall bear the overall responsibility for

17  the design, engineering, acquisition, and implementation of

18  the statewide radio communications system and for ensuring the

19  proper operation and maintenance of all system common

20  equipment.

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

22  implement an interoperability network to enable

23  interoperability between various radio communications

24  technologies and to serve federal agencies, state agencies,

25  and agencies of political subdivisions of the state for the

26  purpose of public safety and domestic security. The office

27  shall, in conjunction with the Department of Law Enforcement

28  and the Division of Emergency Management of the Department of

29  Community Affairs, exercise its powers and duties pursuant to

30  this chapter to plan, manage, and administer the

31  interoperability network. The office may:

                                  5

CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2003                                  SB 2636
    15-1503A-03




 1         1.  Enter into mutual aid agreements among federal

 2  agencies, state agencies, and political subdivisions of the

 3  state for the use of the interoperability network.

 4         2.  Establish the cost of maintenance and operation of

 5  the interoperability network and charge subscribing federal

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

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

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

 9  network.

10         3.  In consultation with the Department of Law

11  Enforcement and the Division of Emergency Management of the

12  Department of Community Affairs, amend and enhance the

13  statewide radio communications system as necessary to

14  implement the interoperability network.

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

16  the Joint Task Force on State Agency Law Enforcement

17  Communications, and in conjunction with the Department of Law

18  Enforcement and the Division of Emergency Management of the

19  Department of Community Affairs, shall establish policies,

20  procedures, and standards to incorporate into a comprehensive

21  management plan for the use and operation of the

22  interoperability network.

23         Section 2.  This act shall take effect upon becoming a

24  law.

25  

26            *****************************************

27                          SENATE SUMMARY

28    Revises provisions related to the state agency law
      enforcement radio system to provide for additional mutual
29    aid channels and for the creation of an interoperability
      network. (See bill for details.)
30  

31  

                                  6

CODING: Words stricken are deletions; words underlined are additions.