Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 1250
       
       
       
       
       
       
                                Ì161020VÎ161020                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/20/2023           .                                
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       The Committee on Transportation (DiCeglie) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 140 and 141
    4  insert:
    5         Section 1. Subsection (6) of section 311.101, Florida
    6  Statutes, is amended to read:
    7         311.101 Intermodal Logistics Center Infrastructure Support
    8  Program.—
    9         (6) The department shall provide up to 50 percent of
   10  project costs for eligible projects. For eligible projects in
   11  rural areas of opportunity designated in accordance with s.
   12  288.0656(7)(a), the department may provide up to 100 percent of
   13  project costs.
   14         Section 2. Section 316.0777, Florida Statutes, is amended
   15  to read:
   16         316.0777 Automated license plate recognition systems;
   17  installation within the rights-of-way of the State Highway
   18  System; public records exemption.—
   19         (1) As used in this section, the term:
   20         (a) “Active,” “criminal intelligence information,” and
   21  “criminal investigative information” have the same meanings as
   22  provided in s. 119.011(3).
   23         (b) “Agency” has the same meaning as provided in s.
   24  119.011.
   25         (c) “Automated license plate recognition system” means a
   26  system of one or more mobile or fixed high-speed cameras
   27  combined with computer algorithms to convert images of license
   28  plates into computer-readable data.
   29         (d) “Criminal justice agency” has the same meaning as
   30  provided in s. 119.011.
   31         (2)(a)For purposes of this subsection, the term “law
   32  enforcement agency” means an agency that has a primary mission
   33  of preventing and detecting crime and enforcing state penal,
   34  criminal, traffic, and motor vehicle laws and in furtherance of
   35  that mission employs law enforcement officers as defined in s.
   36  943.10(1).
   37         (b)At the discretion of the Department of Transportation,
   38  an automated license plate recognition system may be installed
   39  within the rights-of-way, as defined in s. 334.03(21), of any
   40  road on the State Highway System when installed at the request
   41  of a law enforcement agency for the purpose of collecting active
   42  criminal intelligence information or active criminal
   43  investigative information as those terms are described in s.
   44  119.011(3). Such installations must be in accordance with
   45  placement and installation guidelines developed by the
   46  Department of Transportation. An automated license plate
   47  recognition system must be removed within 30 days after the
   48  Department of Transportation notifies the requesting law
   49  enforcement agency that such removal must occur.
   50         (c) Installation and removal of an automated license plate
   51  recognition system is at the sole expense of the requesting law
   52  enforcement agency. The Department of Transportation is not
   53  liable for any damages caused to any person by the requesting
   54  law enforcement agency’s operation of such a system.
   55         (d) Records containing images and data generated through
   56  use of an automated license plate recognition system may not be
   57  retained longer than the maximum period provided in the
   58  retention schedule established pursuant to s. 316.0778.
   59         (3)(2) The following information held by an agency is
   60  confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
   61  of the State Constitution:
   62         (a) Images and data containing or providing personal
   63  identifying information obtained through the use of an automated
   64  license plate recognition system.
   65         (b) Personal identifying information of an individual in
   66  data generated or resulting from images obtained through the use
   67  of an automated license plate recognition system.
   68         (4)(3) Such information may be disclosed as follows:
   69         (a) Any such information may be disclosed by or to a
   70  criminal justice agency in the performance of the criminal
   71  justice agency’s official duties.
   72         (b) Any such information relating to a license plate
   73  registered to an individual may be disclosed to the individual,
   74  unless such information constitutes active criminal intelligence
   75  information or active criminal investigative information.
   76         (5)(4) This exemption applies to such information held by
   77  an agency before, on, or after the effective date of this
   78  exemption.
   79         Section 3. Subsection (10) is added to section 332.007,
   80  Florida Statutes, to read:
   81         332.007 Administration and financing of aviation and
   82  airport programs and projects; state plan.—
   83         (10) Subject to the availability of appropriated funds, and
   84  unless otherwise provided in the General Appropriations Act or
   85  the substantive bill implementing the General Appropriations
   86  Act, the department may fund all of the following at a publicly
   87  owned, publicly operated airport located in a rural community as
   88  defined in s. 288.0656 which does not have any scheduled
   89  commercial service:
   90         (a) The capital cost of runway and taxiway projects that
   91  add capacity. Such projects must be prioritized based on the
   92  amount of available nonstate matching funds.
   93         (b) Economic development transportation projects pursuant
   94  to s. 339.2821.
   95  
   96  Any remaining funds must be allocated for projects specified in
   97  subsection (6).
   98         Section 4. Subsection (4) of section 330.29, Florida
   99  Statutes, is amended to read:
  100         330.29 Administration and enforcement; rules; requirements
  101  for airport sites and airports.—It is the duty of the department
  102  to:
  103         (4) Adopt rules pursuant to ss. 120.536(1) and 120.54 to
  104  implement the provisions of this chapter. The department rules
  105  governing public airport site approval must include a
  106  requirement that an applicant provide a copy of a written
  107  memorandum of understanding or letter of agreement regarding air
  108  traffic pattern separation procedures between the parties
  109  representing a proposed airport and any existing airport or any
  110  approved airport site located within 3 miles of the proposed
  111  site, which must be signed by each of the respective parties.
  112  The requirement applies only if such memorandum or letter is
  113  required by the final Federal Aviation Administration airspace
  114  determination letter or is deemed necessary by the department.
  115  
  116  ================= T I T L E  A M E N D M E N T ================
  117  And the title is amended as follows:
  118         Between lines 11 and 12
  119  insert:
  120         311.101, F.S.; authorizing the department to provide
  121         up to 100 percent of project costs for certain
  122         eligible projects in rural areas of opportunity;
  123         amending s. 316.0777, F.S.; defining the term “law
  124         enforcement agency”; authorizing installation of an
  125         automated license plate recognition system within the
  126         right-of-way of any road on the State Highway System
  127         for a specified purpose; providing that such
  128         installations are solely within the department’s
  129         discretion and must be in accordance with placement
  130         and installation guidelines developed by the
  131         department; requiring removal of such a system within
  132         a specified timeframe at the expense of the requesting
  133         law enforcement agency upon notification by the
  134         department; providing that the department is not
  135         liable for any damages resulting from the requesting
  136         law enforcement agency’s operation of such a system;
  137         providing for a maximum period of retention of certain
  138         records generated through the use of an automated
  139         license plate recognition system; amending s. 332.007,
  140         F.S.; authorizing the department, subject to the
  141         availability of appropriated funds, to fund certain
  142         projects at specified publicly owned, publicly
  143         operated airports with no scheduled commercial
  144         service; providing prioritization criteria; providing
  145         for allocation of any remaining funds; amending s.
  146         330.29, F.S.; requiring that department rules
  147         governing public airport site approval include a
  148         specified requirement relating to a memorandum of
  149         understanding or letter of agreement regarding air
  150         traffic pattern separation procedures between
  151         specified parties; providing applicability; amending
  152         s.