Bill Text: FL S2512 | 2022 | Regular Session | Enrolled
Bill Title: Aircraft
Spectrum: Committee Bill
Status: (Vetoed) 2022-06-02 - Vetoed by Governor [S2512 Detail]
Download: Florida-2022-S2512-Enrolled.html
ENROLLED 2022 Legislature SB 2512, 1st Engrossed 20222512er 1 2 An act relating to aircraft; creating s. 287.1611, 3 F.S.; creating the executive aircraft pool within the 4 Department of Management Services; providing the 5 purpose for the pool; requiring a specified number of 6 aircraft; requiring state officials who request use of 7 or travel in pool aircraft to ensure that such use or 8 travel complies with specified provisions; requiring 9 specified governmental entities to maintain records 10 demonstrating such compliance; designating the 11 respective planes in the aircraft pool for use by 12 specified persons; establishing the order of priority 13 for use of each aircraft; providing that the use of 14 such aircraft is on a first-call, first-served basis, 15 except in the event of a scheduling conflict the 16 priority order applies; providing legislative intent; 17 requiring the department to charge all users a 18 specified rate; requiring the collected funds to be 19 deposited into the department’s Operating Trust Fund; 20 amending s. 934.50, F.S.; defining the term “foreign 21 country of concern”; revising the date by which the 22 department must annually publish a specified list; 23 revising the contents of the list; prohibiting certain 24 manufacturers from being on such list; authorizing the 25 department to update such list as needed; authorizing 26 a governmental agency to purchase drones only from 27 such list, beginning on a specified date; requiring 28 governmental agencies using nonapproved drones to 29 submit a comprehensive plan to the department 30 beginning on a specified date; prohibiting the use of 31 nonapproved drones after a specified date; authorizing 32 an agency overseeing the Florida Forest Service to 33 request a waiver; requiring the department to grant 34 such waivers under specified circumstances; requiring 35 the department to adopt a certain rule; amending s. 36 287.17, F.S.; conforming provisions to changes made by 37 the act; making technical changes; providing an 38 effective date. 39 40 Be It Enacted by the Legislature of the State of Florida: 41 42 Section 1. Section 287.1611, Florida Statutes, is created 43 to read: 44 287.1611 Executive aircraft pool; assignment of aircraft; 45 charge for transportation.— 46 (1) The executive aircraft pool is created within the 47 Department of Management Services for the purpose of providing 48 state-owned aircraft for executive air travel. The pool must 49 consist of at least two aircraft. 50 (2) It shall be the responsibility of the state official 51 requesting the use of, or requesting travel in, an aircraft of 52 the executive aircraft pool to ensure that all such use or 53 travel is in compliance with s. 112.061. Each agency, 54 legislative entity, and the Supreme Court must maintain records 55 demonstrating evidence of such compliance. 56 (3) Each plane in the aircraft pool shall be designated and 57 assigned to a tier of traveler, and the priority order for 58 scheduling each of the aircraft is as follows: 59 (a) Aircraft one is designated for and may be used in the 60 following order of priority: 61 1. Lieutenant Governor. 62 2. Cabinet officers. 63 3. Chief Justice of the Supreme Court. 64 4. Justices of the Supreme Court. 65 (b) Aircraft two is designated for and may be used in the 66 following order of priority: 67 1. President of the Senate or Speaker of the House of 68 Representatives. 69 2. Chairs of standing committees of the Legislature. 70 3. Appointed secretaries and executive directors of 71 departments in the executive branch. 72 4. Chairs of the Florida Gaming Control Commission, Public 73 Service Commission, and the Florida Commission on Offender 74 Review. 75 (c) Trip requests for aircraft one and aircraft two must be 76 scheduled on a first-call, first-served basis, except in the 77 event of a scheduling conflict the priority order must apply. 78 (4) It is the intent of the Legislature that the executive 79 aircraft pool be operated on a full-cost-recovery basis, less 80 available funds. The Department of Management Services shall 81 charge state officials traveling on, or requesting the use of, 82 aircraft from the executive aircraft pool a rate not less than 83 the mileage allowance fixed by the Legislature for the use of 84 privately owned vehicles. Payments collected for persons 85 traveling by aircraft in the executive aircraft pool must be 86 deposited into the department’s Operating Trust Fund and must be 87 expended for costs incurred to operate the aircraft management 88 activities of the department. 89 Section 2. Subsection (7) of section 934.50, Florida 90 Statutes, is amended to read: 91 934.50 Searches and seizure using a drone.— 92 (7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.— 93 (a) As used in this subsection, the term: 94 1. “Department” means the Department of Management 95 Services. 96 2. “Governmental agency” means any state, county, local, or 97 municipal governmental entity or any unit of government created 98 or established by law that uses a drone for any purpose. 99 3. “Foreign country of concern” means the People’s Republic 100 of China, the Russian Federation, the Islamic Republic of Iran, 101 the Democratic People’s Republic of Korea, the Republic of Cuba, 102 the Venezuelan regime of Nicolás Maduro, or the Syrian Arab 103 Republic, including any agency of or any other entity under 104 significant control of such foreign country of concern. 105 (b) By JulyJanuary1, 2022, and each July 1 thereafter, 106 the department, in consultation with the state chief information 107 officer, shall publish on the department’s website a list of 108 approved manufacturers and related model numbers whose drones 109 may be purchased or otherwise acquired and used by a 110 governmental agency under this section. An approved manufacturer 111 shall not be located in, substantially owned, controlled, 112 sponsored, commanded, managed, or dominated by a foreign country 113 of concern, and must provide appropriate safeguards to protect 114 the confidentiality, integrity, and availability of data 115 collected, transmitted, or stored by a drone. The department may 116 consult state and federal agencies and any relevant federal 117 guidance in developing the list of approved manufacturers 118 required under this paragraph. The department may update the 119 list of approved manufacturers and model numbers, as needed, 120 based on the emergence of new manufacturers and models that meet 121 the security requirements of this section or if new information 122 about an approved manufacturer or model obtained by the 123 department would require that manufacturer or model to be 124 removed from the approved list. 125 (c) Beginning July 1, 2022on the date the department126publishes the list of approved drone manufacturers under127paragraph (b), a governmental agency may only purchase or 128 otherwise acquire a drone from theanapproved manufacturer and 129 model list developed pursuant to paragraph (b) in effect at the 130 time of the acquisition or purchase. 131 (d) By July 1, 2022, and each July 1 thereafter, when a 132 drone not produced by an approved manufacturer or model remains 133 in use, a governmental agency that uses such aanydronenot134produced by an approved manufacturershall submit to the 135 department a comprehensive plan for discontinuing the use of 136 thatsuch adrone. The department shall adopt rules identifying 137 the requirements for the comprehensive planof the comprehensive138plan required under this paragraph. 139 (e) By JulyJanuary1, 2023, all governmental agencies must 140 discontinue the use of drones that are not on the approved list 141 of manufacturers and modelsnot produced by an approved142manufacturer. The department shall establish by rule, consistent 143 with any federal guidance on drone security, minimum security 144 requirements for governmental agency drone use to protect the 145 confidentiality, integrity, and availability of data collected, 146 transmitted, or stored by a drone. The department may consult 147 federal agencies in establishing the minimum security 148 requirements required under this paragraph. 149 (f) An agency that oversees the Florida Forest Service may 150 request the department to grant a waiver for the acquisition or 151 use of a drone from a manufacturer not on an approved list so 152 long as the manufacturer is not located in, substantially owned, 153 controlled, sponsored, commanded, managed, or dominated by a 154 foreign country of concern. The department shall grant waivers 155 to governmental agencies so long as the public’s interest is 156 protected. The department shall establish the process for 157 waivers by rule in accordance with this paragraph. 158 Section 3. Subsection (5) of section 287.17, Florida 159 Statutes, is amended to read: 160 287.17 Limitation on use of motor vehicles and aircraft.— 161 (5) A person who is not otherwise authorized in this 162 section may accompany a state official identified in s. 287.1611 163the Governor, the Lieutenant Governor, a member of the Cabinet,164the President of the Senate, the Speaker of the House of165Representatives, or the Chief Justice of the Supreme Courtwhen 166 such official is traveling on state aircraft for official state 167 business and the aircraft is traveling with seats available. 168 Transportation of a person accompanying any official specified 169 in this subsection mustshallbe approved by the official, who 170 shallalsoguarantee payment of the transportation charges. When 171 the person accompanying such official is not traveling on 172 official state business as provided in this section, the 173 transportation charge isshall bea prorated share of all fixed 174 and variable expenses related to the ownership, operation, and 175 use of such state aircraft. The spouse or immediate family 176 members of any official identified in s. 287.1611specified in177this subsectionmay, with payment of transportation charges, 178 accompany the official when such official is traveling for 179 official state business and the aircraft has seats available. 180 Section 4. This act shall take effect July 1, 2022.