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 July January 1, 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, 2022 on the date the department
  126  publishes the list of approved drone manufacturers under
  127  paragraph (b), a governmental agency may only purchase or
  128  otherwise acquire a drone from the an approved 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 a any drone not
  134  produced by an approved manufacturer shall submit to the
  135  department a comprehensive plan for discontinuing the use of
  136  that such a drone. The department shall adopt rules identifying
  137  the requirements for the comprehensive plan of the comprehensive
  138  plan required under this paragraph.
  139         (e) By July January 1, 2023, all governmental agencies must
  140  discontinue the use of drones that are not on the approved list
  141  of manufacturers and models not produced by an approved
  142  manufacturer. 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
  163  the Governor, the Lieutenant Governor, a member of the Cabinet,
  164  the President of the Senate, the Speaker of the House of
  165  Representatives, or the Chief Justice of the Supreme Court when
  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 must shall be approved by the official, who
  170  shall also guarantee 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 is shall be a 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. 287.1611 specified in
  177  this subsection may, 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.