Senate Bill sb2636c1

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    Florida Senate - 2003                           CS for SB 2636

    By the Committee on Home Defense, Public Security, and Ports;
    and Senator Dockery




    318-2234-03

  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.;

  5         authorizing a member of the Joint Task Force on

  6         State Agency Law Enforcement Communications to

  7         appoint an alternate; providing for the

  8         Department of Law Enforcement and the

  9         Department of Community Affairs, Division of

10         Emergency Management, to work in conjunction

11         with the State Technology Office to establish

12         certain policies, procedures, and standards;

13         authorizing the office to make certain mutual

14         aid channels in the state radio communications

15         system available to other agencies; providing

16         for the creation of an interoperability

17         network; providing powers and duties of the

18         office; providing an effective date.

19  

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

21  

22         Section 1.  Section 282.1095, Florida Statutes, is

23  amended to read:

24         282.1095  State agency law enforcement radio system and

25  interoperability network.--

26         (1)  The State Technology Office may acquire and

27  implement a statewide radio communications system to serve law

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

29  enforcement agencies through a mutual aid channels channel.

30  The Joint Task Force on State Agency Law Enforcement

31  Communications is established in the State Technology Office

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




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

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

 3  Agency Law Enforcement Radio System Trust Fund is established

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

 5  from surcharges collected under ss. 320.0802 and 328.72.

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

 7  Enforcement Communications shall consist of eight members, as

 8  follows:

 9         1.  A representative of the Division of Alcoholic

10  Beverages and Tobacco of the Department of Business and

11  Professional Regulation who shall be appointed by the

12  secretary of the department.

13         2.  A representative of the Division of Florida Highway

14  Patrol of the Department of Highway Safety and Motor Vehicles

15  who shall be appointed by the executive director of the

16  department.

17         3.  A representative of the Department of Law

18  Enforcement who shall be appointed by the executive director

19  of the department.

20         4.  A representative of the Fish and Wildlife

21  Conservation Commission who shall be appointed by the

22  executive director of the commission.

23         5.  A representative of the Division of Law Enforcement

24  of the Department of Environmental Protection who shall be

25  appointed by the secretary of the department.

26         6.  A representative of the Department of Corrections

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

28         7.  A representative of the Division of State Fire

29  Marshal of the Department of Insurance who shall be appointed

30  by the State Fire Marshal.

31  

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




 1         8.  A representative of the Department of

 2  Transportation who shall be appointed by the secretary of the

 3  department.

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

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

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

 7  manner as the original appointment. Any joint task force

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

 9  beginning of any scheduled meeting, appoint an alternative to

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

11  business in his or her absence.

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

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

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

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

16  members.

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

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

19  and place designated by him or her.

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

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

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

23  112.061, from funds budgeted to the state agency that the

24  member represents.

25         (f)  The State Technology Office is hereby authorized

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

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

28  necessary to locate equipment to support antennae on the

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

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

31  practicable and feasible to make space available. The office

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




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

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

 3  subleases shall be deposited directly into the Law Enforcement

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

 5  construct, maintain, or support the system.

 6         (g)  The State Technology Office is hereby authorized

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

 8  the office for the construction of privately owned or publicly

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

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

11  for antennae as may be necessary for the construction and

12  operation of the state agency law enforcement radio system or

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

14  to accomplish its duties under this paragraph and paragraph

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

16  shall be funded by the Law Enforcement Radio Operating Trust

17  Fund or other revenue sources.

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

19  aid channels in the statewide radio communications system

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

21  the political subdivisions of the state for the purpose of

22  public safety and domestic security. The office shall exercise

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

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

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

26  consultation and conjunction with the Department of Law

27  Enforcement and the Division of Emergency Management of the

28  Department of Community Affairs, and shall manage and

29  administer the mutual aid channels in a manner that reasonably

30  addresses the needs and concerns of the involved law

31  

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




 1  enforcement agencies and emergency response agencies and

 2  entities.

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

 4  be used by the office to acquire by competitive procurement

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

 6  maintenance services it needs to construct, operate, and

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

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

 9  320.0802 and 328.72 shall be used to help fund the costs of

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

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

12  payment of the recurring maintenance costs of the system.

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

14  Department of Law Enforcement and the Division of Emergency

15  Management of the Department of Community Affairs, establish

16  policies, procedures, and standards which shall be

17  incorporated into a comprehensive management plan for the use

18  and operation of the statewide radio communications system.

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

20  office, shall have the authority to permit other state

21  agencies to use the communications system, under terms and

22  conditions established by the joint task force.

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

24  joint task force and shall bear the overall responsibility for

25  the design, engineering, acquisition, and implementation of

26  the statewide radio communications system and for ensuring the

27  proper operation and maintenance of all system common

28  equipment.

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

30  implement an interoperability network to enable

31  interoperability between various radio communications

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




 1  technologies and to serve federal agencies, state agencies,

 2  and agencies of political subdivisions of the state for the

 3  purpose of public safety and domestic security. The office

 4  shall, in conjunction with the Department of Law Enforcement

 5  and the Division of Emergency Management of the Department of

 6  Community Affairs, exercise its powers and duties pursuant to

 7  this chapter to plan, manage, and administer the

 8  interoperability network. The office may:

 9         1.  Enter into mutual aid agreements among federal

10  agencies, state agencies, and political subdivisions of the

11  state for the use of the interoperability network.

12         2.  Establish the cost of maintenance and operation of

13  the interoperability network and charge subscribing federal

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

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

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

17  network.

18         3.  In consultation with the Department of Law

19  Enforcement and the Division of Emergency Management of the

20  Department of Community Affairs, amend and enhance the

21  statewide radio communications system as necessary to

22  implement the interoperability network.

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

24  the Joint Task Force on State Agency Law Enforcement

25  Communications, and in conjunction with the Department of Law

26  Enforcement and the Division of Emergency Management of the

27  Department of Community Affairs, shall establish policies,

28  procedures, and standards to incorporate into a comprehensive

29  management plan for the use and operation of the

30  interoperability network.

31  

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    Florida Senate - 2003                           CS for SB 2636
    318-2234-03




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

 2  law.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                         Senate Bill 2636

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 7  Provides for a board member of the Joint Task Force on State
    Agency Law Enforcement Communications to appoint an alternate
 8  to represent said member on the board and vote on board
    business in the member's absence.
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