Florida Senate - 2017                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 832
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             05/03/2017 10:05 AM       .                                

       Senator Young moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 330.41, Florida Statutes, is created to
    6  read:
    7         330.41Unmanned Aircraft Systems Act.—
    8         (1)SHORT TITLE.—This section may be cited as the “Unmanned
    9  Aircraft Systems Act.”
   10         (2)DEFINITIONS.—As used in this section, the term:
   11         (a)“Critical infrastructure facility” means any of the
   12  following, if completely enclosed by a fence or other physical
   13  barrier that is obviously designed to exclude intruders, or if
   14  clearly marked with a sign or signs that indicate that entry is
   15  forbidden and that are posted on the property in a manner
   16  reasonably likely to come to the attention of intruders:
   17         1.An electrical power generation or transmission facility,
   18  substation, switching station, or control center.
   19         2.A natural gas or compressed gas compressor station,
   20  storage facility, or pipeline.
   21         3.A liquid natural gas or propane gas terminal or storage
   22  facility.
   23         4.Any portion of an aboveground oil or gas pipeline.
   24         5.A wireless communications facility, including towers,
   25  antennas, support structures, and all associated ground-based
   26  equipment.
   27         6.A chemical or rubber manufacturing or storage facility.
   28         7.A mining facility.
   29         (b)“Person” means an individual, partnership, corporation,
   30  association, governmental entity, or other legal entity.
   31         (c)“Unmanned aircraft” means a drone as defined in s.
   32  934.50(2).
   33         (d)“Unmanned aircraft system” means an unmanned aircraft
   34  and associated elements, including communication links and the
   35  components used to control the unmanned aircraft which are
   36  required for the pilot in command to operate the unmanned
   37  aircraft safely and efficiently.
   38         (3)REGULATION.—
   39         (a)The authority to regulate the ownership or operation of
   40  unmanned aircraft systems is vested in the state.
   41         (b)Except as otherwise expressly provided in this section,
   42  a political subdivision may not enact or enforce an ordinance or
   43  resolution relating to the design, manufacture, testing,
   44  maintenance, licensing, registration, certification, or
   45  operation of an unmanned aircraft system, including airspace,
   46  altitude, flight paths, and equipment or technology
   47  requirements; purpose of operations; and pilot, operator, or
   48  observer qualifications, training, and certification.
   49         (c)This section does not limit local government authority
   50  to enact or enforce local ordinances relating to nuisances,
   51  voyeurism, harassment, reckless endangerment, property damage,
   52  or other illegal acts arising from the use of unmanned aircraft
   53  systems if such ordinances are not specifically related to the
   54  use of an unmanned aircraft system for those illegal acts.
   55         (d)This section shall be construed in accordance with
   56  standards described by federal statutes and regulations and
   57  Federal Aviation Administration guidance on unmanned aircraft
   58  systems.
   60         (a)A person seeking to restrict or limit the operation of
   61  unmanned aircraft in close proximity to the infrastructure or
   62  facilities that the person owns or operates must apply to the
   63  Federal Aviation Administration for such designation pursuant to
   64  s. 2209 of the FAA Extension, Safety, and Security Act of 2016.
   65         (b)Notwithstanding paragraph (a), a person may not
   66  knowingly or willfully:
   67         1.Operate an unmanned aircraft over a critical
   68  infrastructure facility;
   69         2.Allow an unmanned aircraft to make contact with a
   70  critical infrastructure facility, including any person or object
   71  on the premises of or within the facility; or
   72         3.Allow an unmanned aircraft to come within a distance of
   73  a critical infrastructure facility which is close enough to
   74  interfere with the operations of or cause a disturbance to the
   75  facility.
   77  A person who violates this paragraph commits a misdemeanor of
   78  the second degree, punishable as provided in s. 775.082 or s.
   79  775.083. A person who commits a second or subsequent violation
   80  commits a misdemeanor of the first degree, punishable as
   81  provided in s. 775.082 or s. 775.083.
   82         (c)This section does not apply to actions described in
   83  paragraph (b) which are committed by:
   84         1.A federal, state, or other governmental entity or a
   85  person under contract with or otherwise acting under the
   86  direction of such entity.
   87         2.A law enforcement agency that is in compliance with s.
   88  934.50 or a person under contract with or otherwise acting under
   89  the direction of such law enforcement agency.
   90         3.An owner, operator, or occupant of the critical
   91  infrastructure facility or a person who has prior written
   92  consent of such owner, operator, or occupant.
   93         (d)Subparagraph (b)1. does not apply to an unmanned
   94  aircraft operating in transit for commercial purposes in
   95  compliance with Federal Aviation Administration regulations,
   96  authorizations, or exemptions.
   97         Section 2. Section 330.411, Florida Statutes, is created to
   98  read:
   99         330.411Prohibited possession or operation of unmanned
  100  aircraft; penalties.—A person may not possess or operate an
  101  unmanned aircraft or unmanned aircraft system as defined in s.
  102  330.41 with an attached weapon, firearm, explosive, destructive
  103  device, or ammunition as defined in s. 790.001. Notwithstanding
  104  s. 330.33, a person who violates this section commits a
  105  misdemeanor of the first degree, punishable as provided in s.
  106  775.082 or s. 775.083.
  107         Section 3. Paragraph (j) is added to subsection (4) of
  108  section 934.50, Florida Statutes, to read:
  109         934.50 Searches and seizure using a drone.—
  110         (4) EXCEPTIONS.—This section does not prohibit the use of a
  111  drone:
  112         (j)By a communications services provider or its contractor
  113  for routing, siting, installation, maintenance, or inspection of
  114  facilities used to provide communications services.
  115         Section 4. This act shall take effect July 1, 2017.
  117  ================= T I T L E  A M E N D M E N T ================
  118  And the title is amended as follows:
  119         Delete everything before the enacting clause
  120  and insert:
  121                        A bill to be entitled                      
  122         An act relating to unmanned aircraft; creating s.
  123         330.41, F.S.; providing a short title; providing
  124         definitions; providing that the authority to regulate
  125         the ownership or operation of unmanned aircraft
  126         systems is vested in the state; prohibiting a
  127         political subdivision from enacting or enforcing
  128         certain ordinances or resolutions relating to unmanned
  129         aircraft systems; providing construction; requiring
  130         persons seeking to restrict or limit the operation of
  131         unmanned aircraft in close proximity to certain
  132         infrastructure or facilities to apply to the Federal
  133         Aviation Administration; prohibiting certain
  134         operations of an unmanned aircraft in relation to
  135         certain critical infrastructure facilities; providing
  136         penalties; providing exceptions; creating s. 330.411,
  137         F.S.; prohibiting possession or operation of an
  138         unmanned aircraft or unmanned aircraft system with
  139         certain attached weapons or devices; providing
  140         penalties; amending s. 934.50, F.S.; exempting a
  141         communications services provider and its contractor
  142         from certain prohibitions against the use of a drone;
  143         providing an effective date.