Senate Bill sb2452

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                  SB 2452

    By Senator Campbell





    32-1257-06

  1                      A bill to be entitled

  2         An act relating to law enforcement

  3         communications; amending s. 282.1095, F.S.;

  4         designating the Enterprise Information

  5         Technology Services Office as the state agency

  6         to implement a statewide radio communications

  7         system to serve law enforcement agencies and

  8         other local and state agencies; directing the

  9         office, in consultation with the Joint Task

10         Force on State Agency Law Enforcement

11         Communications, to conduct a review of the

12         implementation and operation of the

13         interoperability network in the state;

14         requiring the office to prepare a report

15         detailing the operation of the network;

16         directing the office to make recommendations,

17         if appropriate, for modifying the comprehensive

18         management plan; requiring that the report be

19         sent to the Governor and the Legislature;

20         requiring state agencies and political

21         subdivisions to achieve consistency with and

22         support the goals of the comprehensive

23         management plan by a specified date; providing

24         an effective date.

25  

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

27  

28         Section 1.  Section 282.1095, Florida Statutes, is

29  amended to read:

30         282.1095  State agency law enforcement radio system and

31  interoperability network.--

                                  1

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1         (1)  The Enterprise Information State Technology

 2  Services Office may acquire and implement a statewide radio

 3  communications system to serve law enforcement units of state

 4  agencies, and to serve local law enforcement agencies through

 5  mutual aid channels. The Joint Task Force on State Agency Law

 6  Enforcement Communications is established in the Enterprise

 7  Information State Technology Services Office to advise the

 8  office of member-agency needs for the planning, designing, and

 9  establishment of the joint system. The State Agency Law

10  Enforcement Radio System Trust Fund is established in the

11  Enterprise Information State Technology Services Office. The

12  trust fund shall be funded from surcharges collected under ss.

13  320.0802 and 328.72.

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

15  Enforcement Communications shall consist of eight members, as

16  follows:

17         1.  A representative of the Division of Alcoholic

18  Beverages and Tobacco of the Department of Business and

19  Professional Regulation who shall be appointed by the

20  secretary of the department.

21         2.  A representative of the Division of Florida Highway

22  Patrol of the Department of Highway Safety and Motor Vehicles

23  who shall be appointed by the executive director of the

24  department.

25         3.  A representative of the Department of Law

26  Enforcement who shall be appointed by the executive director

27  of the department.

28         4.  A representative of the Fish and Wildlife

29  Conservation Commission who shall be appointed by the

30  executive director of the commission.

31  

                                  2

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1         5.  A representative of the Division of Law Enforcement

 2  of the Department of Environmental Protection who shall be

 3  appointed by the secretary of the department.

 4         6.  A representative of the Department of Corrections

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

 6         7.  A representative of the Division of State Fire

 7  Marshal of the Department of Financial Services who shall be

 8  appointed by the State Fire Marshal.

 9         8.  A representative of the Department of

10  Transportation who shall be appointed by the secretary of the

11  department.

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

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

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

15  manner as the original appointment. Any joint task force

16  member may, upon notification to the chair before prior to the

17  beginning of any scheduled meeting, appoint an alternative to

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

19  business in his or her absence.

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

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

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

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

24  members.

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

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

27  and place designated by him or her.

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

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

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

31  

                                  3

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1  112.061, from funds budgeted to the state agency that the

 2  member represents.

 3         (f)  The Enterprise Information State Technology

 4  Services Office may is hereby authorized to rent or lease

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

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

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

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

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

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

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

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

13  into the Law Enforcement Radio Operating Trust Fund and may be

14  used by the office to construct, maintain, or support the

15  system.

16         (g)  The Enterprise Information State Technology

17  Services Office may is hereby authorized to rent, lease, or

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

19  construction of privately owned or publicly owned towers. The

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

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

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

23  state agency law enforcement radio system or any other state

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

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

26  established in the General Appropriations Act and shall be

27  funded by the Law Enforcement Radio Operating Trust Fund or

28  other revenue sources.

29         (h)  The Enterprise Information State Technology

30  Services Office may make the mutual aid channels in the

31  statewide radio communications system available to federal

                                  4

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1  agencies, state agencies, and agencies of the political

 2  subdivisions of the state for the purpose of public safety and

 3  domestic security. The office shall exercise its powers and

 4  duties, as specified in this chapter, to plan, manage, and

 5  administer the mutual aid channels. The office shall, in

 6  implementing such powers and duties, act in consultation and

 7  conjunction with the Department of Law Enforcement and the

 8  Division of Emergency Management of the Department of

 9  Community Affairs, and shall manage and administer the mutual

10  aid channels in a manner that reasonably addresses the needs

11  and concerns of the involved law enforcement agencies and

12  emergency response agencies and entities.

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

14  be used by the office to acquire by competitive procurement

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

16  maintenance services it needs to construct, operate, and

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

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

19  320.0802 and 328.72 shall be used to help fund the costs of

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

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

22  payment of the recurring maintenance costs of the system.

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

24  Department of Law Enforcement and the Division of Emergency

25  Management of the Department of Community Affairs, establish

26  policies, procedures, and standards which shall be

27  incorporated into a comprehensive management plan for the use

28  and operation of the statewide radio communications system.

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

30  office, shall have the authority to permit other state

31  

                                  5

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1  agencies to use the communications system, under terms and

 2  conditions established by the joint task force.

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

 4  joint task force and shall bear the overall responsibility for

 5  the design, engineering, acquisition, and implementation of

 6  the statewide radio communications system and for ensuring the

 7  proper operation and maintenance of all system common

 8  equipment.

 9         (6)(a)  The Enterprise Information State Technology

10  Services Office may create and implement an interoperability

11  network to enable interoperability between various radio

12  communications technologies and to serve federal agencies,

13  state agencies, and agencies of political subdivisions of the

14  state for the purpose of public safety and domestic security.

15  The office shall, in conjunction with the Department of Law

16  Enforcement and the Division of Emergency Management of the

17  Department of Community Affairs, exercise its powers and

18  duties pursuant to this chapter to plan, manage, and

19  administer the interoperability network. The office may:

20         1.  Enter into mutual aid agreements among federal

21  agencies, state agencies, and political subdivisions of the

22  state for the use of the interoperability network.

23         2.  Establish the cost of maintenance and operation of

24  the interoperability network and charge subscribing federal

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

26  network. The State Technology office may not charge state law

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

28  network.

29         3.  In consultation with the Department of Law

30  Enforcement and the Division of Emergency Management of the

31  Department of Community Affairs, amend and enhance the

                                  6

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1  statewide radio communications system as necessary to

 2  implement the interoperability network.

 3         (b)  The Enterprise Information State Technology

 4  Services Office, in consultation with the Joint Task Force on

 5  State Agency Law Enforcement Communications, and in

 6  conjunction with the Department of Law Enforcement and the

 7  Division of Emergency Management of the Department of

 8  Community Affairs, shall establish policies, procedures, and

 9  standards to incorporate into a comprehensive management plan

10  for the use and operation of the interoperability network.

11         (c)  By January 1, 2007, the Enterprise Information

12  Technology Services Office, in consultation with the joint

13  task force, shall review the implementation and operation of

14  the interoperability network to ensure that the comprehensive

15  management plan for the statewide interoperability network is

16  effectively and efficiently facilitating communication between

17  state, local, and federal communication systems. After

18  reviewing the network, the office shall prepare a report

19  detailing the operation of the network and make

20  recommendations, if appropriate, for modifying the

21  comprehensive management plan. A copy of the report shall be

22  provided to the Governor, the President of the Senate, and the

23  Speaker of the House of Representatives. Thereafter, the

24  office shall prepare such a report each year.

25         (7)  All state agencies and political subdivisions

26  shall achieve consistency with and support the goals of the

27  comprehensive management plan by July 1, 2011, in order to

28  remain eligible to receive state or federal funds for

29  communications programs and systems.

30         Section 2.  This act shall take effect July 1, 2006.

31  

                                  7

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






    Florida Senate - 2006                                  SB 2452
    32-1257-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Designates the Enterprise Information Technology Services
      Office as the state agency to implement a statewide radio
 4    communications system for law enforcement agencies and
      others. Directs the office, in consultation with the
 5    Joint Task Force on State Agency Law Enforcement
      Communications, to conduct a review of the implementation
 6    and operation of the interoperability network in the
      state. Requires the office to prepare a report detailing
 7    the operation of the network. Directs the office to make
      recommendations, if appropriate, for modifying the
 8    comprehensive management plan. Provides that the report
      be sent to the Governor and the Legislature. Requires
 9    state agencies and political subdivisions to achieve
      consistency with the comprehensive management plan. (See
10    bill for details.)

11  

12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  8

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