Senate Bill sb1968c1

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    Florida Senate - 2001                           CS for SB 1968

    By the Committee on Appropriations and Senator Mitchell





    309-1959-01

  1                      A bill to be entitled

  2         An act relating to the State Law Enforcement

  3         Radio Operating Trust Fund; amending s.

  4         282.1095, F.S.; creating the State Law

  5         Enforcement Operating Trust Fund; providing for

  6         its purposes; transferring a current trust fund

  7         balance; providing for review and termination

  8         or re-creation of the trust fund; providing an

  9         effective date.

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11         WHEREAS, the Legislature has adopted an alternative

12  approach to implementing the State Agency Law Enforcement

13  Radio System project, and

14         WHEREAS, the Legislature has formed public policy

15  concerning the creation of adequate parameters for its use,

16  NOW, THEREFORE,

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

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20         Section 1.  Subsection (1), paragraphs (f) and (g) of

21  subsection (2), and subsection (3) of section 282.1095,

22  Florida Statutes, are amended to read:

23         282.1095  State agency law enforcement radio system.--

24         (1)  The State Technology Office of the Department of

25  Management Services may acquire and implement a statewide

26  radio communications system to serve law enforcement units of

27  state agencies, and to serve local law enforcement agencies

28  through a mutual aid channel. The Joint Task Force on State

29  Agency Law Enforcement Communications is established in the

30  State Technology Office of the Department of Management

31  Services to advise the office of member-agency needs for the

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    Florida Senate - 2001                           CS for SB 1968
    309-1959-01




  1  planning, designing, and establishment of the joint system.

  2  The State Agency Law Enforcement Radio System Trust Fund is

  3  established in the State Technology Office of the Department

  4  of Management Services. The trust fund shall be funded from

  5  surcharges collected under ss. 320.0802 and 328.72. The State

  6  Law Enforcement Radio Operating Trust Fund is created within

  7  the State Technology Office for the purpose of paying

  8  operating costs associated with the statewide radio

  9  communications system. In fiscal year 2001-2002, the

10  unobligated cash balance in the State Agency Law Enforcement

11  Radio System Trust Fund identified by the State Technology

12  Office shall be transferred to the State Law Enforcement Radio

13  Operating Trust Fund.

14         (2)

15         (f)  The State Technology Office of the Department of

16  Management Services is hereby authorized to rent or lease

17  space on any tower under its control. The office may also

18  rent, lease, or sublease ground space as necessary to locate

19  equipment to support antennae on the towers.  The costs for

20  use of such space shall be established by the office for each

21  site, when it is determined to be practicable and feasible to

22  make space available. The office may refuse to lease space on

23  any tower at any site.  All moneys collected by the office for

24  such rents, leases, and subleases shall be deposited directly

25  into the State Agency Law Enforcement Radio Operating System

26  Trust Fund and may be used by the office to construct,

27  maintain, or support the system.

28         (g)  The State Technology Office of the Department of

29  Management Services is hereby authorized to rent, lease, or

30  sublease ground space on lands acquired by the office for the

31  construction of privately owned or publicly owned towers. The

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    Florida Senate - 2001                           CS for SB 1968
    309-1959-01




  1  office may, as a part of such rental, lease, or sublease

  2  agreement, require space on said tower or towers for antennae

  3  as may be necessary for the construction and operation of the

  4  state agency law enforcement radio system or any other state

  5  need. The positions necessary for the office to accomplish its

  6  duties under this paragraph and paragraph (f) shall be

  7  established in the General Appropriations Act and shall be

  8  funded by the State Agency Law Enforcement Radio Operating

  9  System Trust Fund.

10         (3)  Upon appropriation, moneys in the Law Enforcement

11  Radio Operating System Trust Fund may be used by the office to

12  acquire by competitive procurement the equipment; software;

13  and engineering, administrative, and maintenance services it

14  needs to construct, operate, and maintain the statewide radio

15  system.  Moneys in the trust fund collected as a result of the

16  surcharges set forth in ss. 320.0802 and 328.72 shall be used

17  to help fund the costs of the system.  Upon completion of the

18  system, moneys in the trust fund may also be used by the

19  office to provide for payment of the recurring maintenance

20  costs of the system.  Moneys in the trust fund may be

21  appropriated to maintain and enhance, over and above existing

22  agency budgets, existing radio equipment systems of the state

23  agencies represented by the task force members, in an amount

24  not to exceed 10 percent per year per agency, of the existing

25  radio equipment inventory until the existing radio equipment

26  can be replaced pursuant to implementation of the statewide

27  radio communications system.

28         Section 2.  In accordance with Section 19(f)(2),

29  Article III of the State Constitution, the State Law

30  Enforcement Radio Operating Trust Fund shall be terminated on

31  July 1, 2005, unless terminated sooner. Before its scheduled

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    Florida Senate - 2001                           CS for SB 1968
    309-1959-01




  1  termination, the trust fund shall be reviewed as provided in

  2  section 215.3026(1) and (2), Florida Statutes.

  3         Section 3.  This act shall take effect July 1, 2001,

  4  but it shall not take effect unless it is enacted by a

  5  three-fifths vote of the membership of each house of the

  6  legislature.

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  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                             SB 1968

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11  Renames existing trust fund as the Law Enforcement Radio
    Operating Trust Fund in subsection (3) of section 282.1095,
12  Florida Statutes.

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