Florida Senate - 2022                   (PROPOSED BILL) SPB 2512
       
       
        
       FOR CONSIDERATION By the Committee on Appropriations
       
       
       
       
       
       576-02392-22                                          20222512pb
    1                        A bill to be entitled                      
    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 that state officials who request
    7         use of or travel in pool aircraft ensure that such use
    8         or travel comply 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, and establishing the order of
   13         priority for use of each aircraft; providing that the
   14         use of such aircraft is on a first-call, first-served
   15         basis 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.; requiring the department, in
   21         consultation with the state chief information officer,
   22         to annually publish a list of approved drone
   23         manufacturers from which a governmental agency may
   24         purchase or acquire drones; requiring such agencies to
   25         purchase drones only from approved manufacturers
   26         beginning on a specified date; authorizing agencies to
   27         request a waiver for the purchase or acquisition of a
   28         drone from a nonapproved manufacturer if a certain
   29         condition exists; requiring an agency using a drone
   30         from a nonapproved manufacturer to submit a certain
   31         explanation to the department; requiring agencies to
   32         discontinue the use of a drone from a nonapproved
   33         manufacturer beginning on a specified date;
   34         authorizing agencies to request a waiver to continue
   35         to use a drone from a nonapproved manufacturer if a
   36         certain condition exists beginning on a specified
   37         date; requiring the department to grant a waiver if a
   38         certain condition is met; amending s. 287.17, F.S.;
   39         conforming provisions to changes made by the act;
   40         making technical changes; providing an effective date.
   41          
   42  Be It Enacted by the Legislature of the State of Florida:
   43  
   44         Section 1. Section 287.1611, Florida Statutes, is created
   45  to read:
   46         287.1611 Executive aircraft pool; assignment of aircraft;
   47  charge for transportation.—
   48         (1)The executive aircraft pool is created within the
   49  Department of Management Services for the purpose of providing
   50  state-owned aircraft for executive air travel. The pool must
   51  consist of at least three aircraft.
   52         (2)It shall be the responsibility of the state official
   53  requesting the use of, or requesting travel in, an aircraft of
   54  the executive aircraft pool to ensure that all such use or
   55  travel is in compliance with s. 112.061. Each agency,
   56  legislative entity, and the Supreme Court must maintain records
   57  demonstrating evidence of such compliance.
   58         (3)Each plane in the aircraft pool shall be designated and
   59  assigned to a tier of traveler, and the priority order for
   60  scheduling each of the aircraft is as follows:
   61         (a)Aircraft one is designated for and may be used solely
   62  for the Governor’s travel.
   63         (b)Aircraft two is designated for and may be used in the
   64  following order of priority:
   65         1.Lieutenant Governor.
   66         2.Cabinet officers.
   67         3.Chief Justice of the Supreme Court.
   68         4.Justices of the Supreme Court.
   69         (c)Aircraft three is designated for and may be used in the
   70  following order of priority:
   71         1.President of the Senate or Speaker of the House of
   72  Representatives.
   73         2.Chairs of standing committees of the Legislature.
   74         3.Appointed secretaries and executive directors of
   75  departments in the executive branch.
   76         4.Chairs of the Florida Gaming Control Commission, Public
   77  Service Commission, and the Florida Commission on Offender
   78  Review.
   79         (d)Trip requests for aircraft two and aircraft three must
   80  be scheduled on a first-call, first-served basis, except in the
   81  event of a scheduling conflict the priority order must apply.
   82         (4)It is the intent of the Legislature that the executive
   83  aircraft pool be operated on a full-cost-recovery basis, less
   84  available funds. The Department of Management Services shall
   85  charge state officials travelling on, or requesting the use of,
   86  aircraft from the executive aircraft pool a rate not less than
   87  the mileage allowance fixed by the Legislature for the use of
   88  privately owned vehicles. Payments collected for persons
   89  traveling by aircraft in the executive aircraft pool must be
   90  deposited into the department’s Operating Trust Fund and must be
   91  expended for costs incurred to operate the aircraft management
   92  activities of the department.
   93         Section 2. Subsection (7) of section 934.50, Florida
   94  Statutes, is amended to read:
   95         934.50 Searches and seizure using a drone.—
   96         (7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.—
   97         (a) As used in this subsection, the term:
   98         1. “Department” means the Department of Management
   99  Services.
  100         2. “Governmental agency” means any state, county, local, or
  101  municipal governmental entity or any unit of government created
  102  or established by law that uses a drone for any purpose.
  103         (b) By January 1, 2022, and each January 1 thereafter, the
  104  department, in consultation with the state chief information
  105  officer, shall publish on the department’s website a list of
  106  approved manufacturers whose drones may be purchased or
  107  otherwise acquired and used by a governmental agency under this
  108  section. An approved manufacturer must provide appropriate
  109  safeguards to protect the confidentiality, integrity, and
  110  availability of data collected, transmitted, or stored by a
  111  drone. The department may consult state and federal agencies and
  112  any relevant federal guidance in developing the list of approved
  113  manufacturers required under this paragraph.
  114         (c) Beginning June 30, 2023 on the date the department
  115  publishes the list of approved drone manufacturers under
  116  paragraph (b), a governmental agency may only purchase or
  117  otherwise acquire a drone only from the an approved manufacturer
  118  list developed pursuant to paragraph (b) in effect at the time
  119  of the acquisition or purchase. However, a governmental agency
  120  may request that the department grant a waiver to allow the
  121  purchase or acquisition of a drone from a manufacturer not on
  122  the approved list. The department shall grant waivers to
  123  governmental agencies provided that the public’s interest is
  124  protected.
  125         (d) By July 1, 2022, and each July 1 thereafter when a
  126  drone not produced by an approved manufacturer remains in use, a
  127  governmental agency that uses such a any drone not produced by
  128  an approved manufacturer shall submit to the department a
  129  comprehensive plan for discontinuing the use of that such a
  130  drone or shall provide to the department an explanation as to
  131  why continued use of that drone is necessary for the operations
  132  of the governmental agency. The department shall adopt rules
  133  identifying the requirements for the comprehensive plan of the
  134  comprehensive plan required under this paragraph.
  135         (e) By January 1, 2024 January 1, 2023, all governmental
  136  agencies must discontinue the use of drones not produced by an
  137  approved manufacturer. However, a governmental agency may
  138  request the department to grant a waiver for the use of a drone
  139  from a manufacturer not on an approved list. The department
  140  shall grant waivers to governmental agencies as long as the
  141  public’s interest is protected. The department shall establish
  142  by rule, consistent with any federal guidance on drone security,
  143  minimum security requirements for governmental agency drone use
  144  to protect the confidentiality, integrity, and availability of
  145  data collected, transmitted, or stored by a drone. The
  146  department may consult federal agencies in establishing the
  147  minimum security requirements required under this paragraph.
  148         Section 3. Subsection (5) of section 287.17, Florida
  149  Statutes, is amended to read:
  150         287.17 Limitation on use of motor vehicles and aircraft.—
  151         (5) A person who is not otherwise authorized in this
  152  section may accompany a state official identified in s. 287.1611
  153  the Governor, the Lieutenant Governor, a member of the Cabinet,
  154  the President of the Senate, the Speaker of the House of
  155  Representatives, or the Chief Justice of the Supreme Court when
  156  such official is traveling on state aircraft for official state
  157  business and the aircraft is traveling with seats available.
  158  Transportation of a person accompanying any official specified
  159  in this subsection must shall be approved by the official, who
  160  shall also guarantee payment of the transportation charges. When
  161  the person accompanying such official is not traveling on
  162  official state business as provided in this section, the
  163  transportation charge is shall be a prorated share of all fixed
  164  and variable expenses related to the ownership, operation, and
  165  use of such state aircraft. The spouse or immediate family
  166  members of any official identified in s. 287.1611 specified in
  167  this subsection may, with payment of transportation charges,
  168  accompany the official when such official is traveling for
  169  official state business and the aircraft has seats available.
  170         Section 4. This act shall take effect July 1, 2022.