HB 1587

1	A bill to be entitled
2	An act relating to law enforcement communications;
3	amending s. 282.1095, F.S.; designating the Enterprise
4	Information Technology Services Office as the state agency
5	to implement a statewide radio communications system to
6	serve law enforcement agencies and other local and state
7	agencies; directing the office, in consultation with the
8	Joint Task Force on State Agency Law Enforcement
9	Communications, to conduct a review of the implementation
10	and operation of the interoperability network in the
11	state; requiring the office to prepare a report detailing
12	the operation of the network; directing the office to make
13	recommendations, if appropriate, for modifying the
14	comprehensive management plan; requiring that the report
15	be sent to the Governor and the Legislature; requiring
16	state agencies and political subdivisions to achieve
17	consistency with and support the goals of the
18	comprehensive management plan by a specified date;
19	providing an effective date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  Section 282.1095, Florida Statutes, is amended
24	to read:
25	282.1095  State agency law enforcement radio system and
26	interoperability network.--
27	(1)  The Enterprise Information State Technology Services
28	Office may acquire and implement a statewide radio
29	communications system to serve law enforcement units of state
30	agencies, and to serve local law enforcement agencies through
31	mutual aid channels. The Joint Task Force on State Agency Law
32	Enforcement Communications is established in the Enterprise
33	Information State Technology Services Office to advise the
34	office of member-agency needs for the planning, designing, and
35	establishment of the joint system. The State Agency Law
36	Enforcement Radio System Trust Fund is established in the
37	Enterprise Information State Technology Services Office. The
38	trust fund shall be funded from surcharges collected under ss.
39	320.0802 and 328.72.
40	(2)(a)  The Joint Task Force on State Agency Law
41	Enforcement Communications shall consist of eight members, as
42	follows:
43	1.  A representative of the Division of Alcoholic Beverages
44	and Tobacco of the Department of Business and Professional
45	Regulation who shall be appointed by the secretary of the
46	department.
47	2.  A representative of the Division of Florida Highway
48	Patrol of the Department of Highway Safety and Motor Vehicles
49	who shall be appointed by the executive director of the
50	department.
51	3.  A representative of the Department of Law Enforcement
52	who shall be appointed by the executive director of the
53	department.
54	4.  A representative of the Fish and Wildlife Conservation
55	Commission who shall be appointed by the executive director of
56	the commission.
57	5.  A representative of the Division of Law Enforcement of
58	the Department of Environmental Protection who shall be
59	appointed by the secretary of the department.
60	6.  A representative of the Department of Corrections who
61	shall be appointed by the secretary of the department.
62	7.  A representative of the Division of State Fire Marshal
63	of the Department of Financial Services who shall be appointed
64	by the State Fire Marshal.
65	8.  A representative of the Department of Transportation
66	who shall be appointed by the secretary of the department.
67	(b)  Each appointed member of the joint task force shall
68	serve at the pleasure of the appointing official. Any vacancy on
69	the joint task force shall be filled in the same manner as the
70	original appointment. Any joint task force member may, upon
71	notification to the chair before prior to the beginning of any
72	scheduled meeting, appoint an alternative to represent the
73	member on the task force and vote on task force business in his
74	or her absence.
75	(c)  The joint task force shall elect a chair from among
76	its members to serve a 1-year term. A vacancy in the chair of
77	the joint task force must be filled for the remainder of the
78	unexpired term by an election of the joint task force members.
79	(d)  The joint task force shall meet as necessary, but at
80	least quarterly, at the call of the chair and at the time and
81	place designated by him or her.
82	(e)  The per diem and travel expenses incurred by a member
83	of the joint task force in attending its meetings and in
84	attending to its affairs shall be paid pursuant to s. 112.061,
85	from funds budgeted to the state agency that the member
86	represents.
87	(f)  The Enterprise Information State Technology Services
88	Office may is hereby authorized to rent or lease space on any
89	tower under its control. The office may also rent, lease, or
90	sublease ground space as necessary to locate equipment to
91	support antennae on the towers. The costs for use of such space
92	shall be established by the office for each site, when it is
93	determined to be practicable and feasible to make space
94	available. The office may refuse to lease space on any tower at
95	any site. All moneys collected by the office for such rents,
96	leases, and subleases shall be deposited directly into the Law
97	Enforcement Radio Operating Trust Fund and may be used by the
98	office to construct, maintain, or support the system.
99	(g)  The Enterprise Information State Technology Services
100	Office may is hereby authorized to rent, lease, or sublease
101	ground space on lands acquired by the office for the
102	construction of privately owned or publicly owned towers. The
103	office may, as a part of such rental, lease, or sublease
104	agreement, require space on said tower or towers for antennae as
105	may be necessary for the construction and operation of the state
106	agency law enforcement radio system or any other state need. The
107	positions necessary for the office to accomplish its duties
108	under this paragraph and paragraph (f) shall be established in
109	the General Appropriations Act and shall be funded by the Law
110	Enforcement Radio Operating Trust Fund or other revenue sources.
111	(h)  The Enterprise Information State Technology Services
112	Office may make the mutual aid channels in the statewide radio
113	communications system available to federal agencies, state
114	agencies, and agencies of the political subdivisions of the
115	state for the purpose of public safety and domestic security.
116	The office shall exercise its powers and duties, as specified in
117	this chapter, to plan, manage, and administer the mutual aid
118	channels. The office shall, in implementing such powers and
119	duties, act in consultation and conjunction with the Department
120	of Law Enforcement and the Division of Emergency Management of
121	the Department of Community Affairs, and shall manage and
122	administer the mutual aid channels in a manner that reasonably
123	addresses the needs and concerns of the involved law enforcement
124	agencies and emergency response agencies and entities.
125	(3)  Upon appropriation, moneys in the trust fund may be
126	used by the office to acquire by competitive procurement the
127	equipment; software; and engineering, administrative, and
128	maintenance services it needs to construct, operate, and
129	maintain the statewide radio system. Moneys in the trust fund
130	collected as a result of the surcharges set forth in ss.
131	320.0802 and 328.72 shall be used to help fund the costs of the
132	system. Upon completion of the system, moneys in the trust fund
133	may also be used by the office to provide for payment of the
134	recurring maintenance costs of the system.
135	(4)(a)  The office shall, in conjunction with the
136	Department of Law Enforcement and the Division of Emergency
137	Management of the Department of Community Affairs, establish
138	policies, procedures, and standards which shall be incorporated
139	into a comprehensive management plan for the use and operation
140	of the statewide radio communications system.
141	(b)  The joint task force, in consultation with the office,
142	shall have the authority to permit other state agencies to use
143	the communications system, under terms and conditions
144	established by the joint task force.
145	(5)  The office shall provide technical support to the
146	joint task force and shall bear the overall responsibility for
147	the design, engineering, acquisition, and implementation of the
148	statewide radio communications system and for ensuring the
149	proper operation and maintenance of all system common equipment.
150	(6)(a)  The Enterprise Information State Technology
151	Services Office may create and implement an interoperability
152	network to enable interoperability between various radio
153	communications technologies and to serve federal agencies, state
154	agencies, and agencies of political subdivisions of the state
155	for the purpose of public safety and domestic security. The
156	office shall, in conjunction with the Department of Law
157	Enforcement and the Division of Emergency Management of the
158	Department of Community Affairs, exercise its powers and duties
159	pursuant to this chapter to plan, manage, and administer the
160	interoperability network. The office may:
161	1.  Enter into mutual aid agreements among federal
162	agencies, state agencies, and political subdivisions of the
163	state for the use of the interoperability network.
164	2.  Establish the cost of maintenance and operation of the
165	interoperability network and charge subscribing federal and
166	local law enforcement agencies for access and use of the
167	network. The State Technology office may not charge state law
168	enforcement agencies identified in paragraph (2)(a) to use the
169	network.
170	3.  In consultation with the Department of Law Enforcement
171	and the Division of Emergency Management of the Department of
172	Community Affairs, amend and enhance the statewide radio
173	communications system as necessary to implement the
174	interoperability network.
175	(b)  The Enterprise Information State Technology Services
176	Office, in consultation with the Joint Task Force on State
177	Agency Law Enforcement Communications, and in conjunction with
178	the Department of Law Enforcement and the Division of Emergency
179	Management of the Department of Community Affairs, shall
180	establish policies, procedures, and standards to incorporate
181	into a comprehensive management plan for the use and operation
182	of the interoperability network.
183	(c)  By January 1, 2007, the Enterprise Information
184	Technology Services Office, in consultation with the joint task
185	force, shall review the implementation and operation of the
186	interoperability network to ensure that the comprehensive
187	management plan for the statewide interoperability network is
188	effectively and efficiently facilitating communication between
189	state, local, and federal communication systems. After reviewing
190	the network, the office shall prepare a report detailing the
191	operation of the network and make recommendations, if
192	appropriate, for modifying the comprehensive management plan. A
193	copy of the report shall be provided to the Governor, the
194	President of the Senate, and the Speaker of the House of
195	Representatives. Thereafter, the office shall prepare such a
196	report each year.
197	(7)  All state agencies and political subdivisions shall
198	achieve consistency with and support the goals of the
199	comprehensive management plan by July 1, 2011, in order to
200	remain eligible to receive state or federal funds for
201	communications programs and systems.
202	Section 2.  This act shall take effect July 1, 2006.

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