Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 832
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/25/2017           .                                

       The Committee on Rules (Brandes) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Present subsections (51) through (97) of section
    6  316.003, Florida Statutes, are renumbered as subsections (53)
    7  through (99), respectively, present subsections (40), (55), and
    8  (95) are amended, and new subsections (51) and (52) are added to
    9  that section, to read:
   10         316.003 Definitions.—The following words and phrases, when
   11  used in this chapter, shall have the meanings respectively
   12  ascribed to them in this section, except where the context
   13  otherwise requires:
   14         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   15  self-propelled vehicle not operated upon rails or guideway, but
   16  not including any bicycle, motorized scooter, electric personal
   17  assistive mobility device, personal delivery device, swamp
   18  buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
   19  has the same meaning as provided in s. 320.01(1)(a).
   20         (51)PERSONAL DELIVERY DEVICE.—An electrically powered
   21  device that:
   22         (a)Is operated on sidewalks and crosswalks and intended
   23  primarily for transporting property;
   24         (b)Weighs less than 80 pounds, excluding cargo;
   25         (c)Has a maximum speed of 10 miles per hour; and
   26         (d)Is equipped with technology to allow for operation of
   27  the device with or without the active control or monitoring of a
   28  natural person.
   30  A personal delivery device is not considered a vehicle unless
   31  expressly defined by law as a vehicle.
   32         (52)PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its
   33  agent that exercises direct physical control over or monitoring
   34  of the navigation system and operation of a personal delivery
   35  device. For the purposes of this subsection, the term “agent”
   36  means a person charged by the entity with the responsibility of
   37  navigating and operating the personal delivery device. The term
   38  “personal delivery device operator” does not include an entity
   39  or person who requests the services of a personal delivery
   40  device for the purpose of transporting property or an entity or
   41  person who only arranges for and dispatches the requested
   42  services of a personal delivery device.
   43         (57)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   44  provided in paragraph (79)(b) (77)(b), any privately owned way
   45  or place used for vehicular travel by the owner and those having
   46  express or implied permission from the owner, but not by other
   47  persons.
   48         (97)(95) VEHICLE.—Every device in, upon, or by which any
   49  person or property is or may be transported or drawn upon a
   50  highway, except personal delivery devices and devices used
   51  exclusively upon stationary rails or tracks.
   52         Section 2. Subsection (7) of section 316.008, Florida
   53  Statutes, is amended to read:
   54         316.008 Powers of local authorities.—
   55         (7)(a) A county or municipality may enact an ordinance to
   56  permit, control, or regulate the operation of vehicles, golf
   57  carts, mopeds, motorized scooters, and electric personal
   58  assistive mobility devices on sidewalks or sidewalk areas when
   59  such use is permissible under federal law. The ordinance must
   60  restrict such vehicles or devices to a maximum speed of 15 miles
   61  per hour in such areas.
   62         (b)1.Except as provided in subparagraph 2., a personal
   63  delivery device may be operated on sidewalks and crosswalks
   64  within a county or municipality when such use is permissible
   65  under federal law. This paragraph does not restrict a county or
   66  municipality from otherwise adopting regulations for the safe
   67  operation of personal delivery devices.
   68         2.A personal delivery device may not be operated on the
   69  Florida Shared-Use Nonmotorized Trail Network created under s.
   70  339.81 or components of the Florida Greenways and Trails System
   71  created under chapter 260.
   72         Section 3. Section 316.2071, Florida Statutes, is created
   73  to read:
   74         316.2071Personal delivery devices.—
   75         (1)Notwithstanding any provision of law to the contrary, a
   76  personal delivery device may operate on sidewalks and
   77  crosswalks, subject to s. 316.008(7)(b). A personal delivery
   78  device operating on a sidewalk or crosswalk has all the rights
   79  and duties applicable to a pedestrian under the same
   80  circumstances, except that the personal delivery device must not
   81  unreasonably interfere with pedestrians or traffic and must
   82  yield the right-of-way to pedestrians on the sidewalk or
   83  crosswalk.
   84         (2)A personal delivery device must:
   85         (a)Obey all official traffic and pedestrian control
   86  signals and devices.
   87         (b)Include a plate or marker that has a unique identifying
   88  device number and identifies the name and contact information of
   89  the personal delivery device operator.
   90         (c)Be equipped with a braking system that, when active or
   91  engaged, enables the personal delivery device to come to a
   92  controlled stop.
   93         (3)A personal delivery device may not:
   94         (a)Operate on a public highway except to the extent
   95  necessary to cross a crosswalk.
   96         (b)Operate on a sidewalk or crosswalk unless the personal
   97  delivery device operator is actively controlling or monitoring
   98  the navigation and operation of the personal delivery device.
   99         (c)Transport hazardous materials as defined in s. 316.003.
  100         (4)A person who owns and operates a personal delivery
  101  device in this state must maintain an insurance policy, on
  102  behalf of himself or herself and his or her agents, which
  103  provides general liability coverage of at least $100,000 for
  104  damages arising from the combined operations of personal
  105  delivery devices under the entity’s or agent’s control.
  106         Section 4. Paragraph (a) of subsection (1) of section
  107  320.01, Florida Statutes, is amended to read:
  108         320.01 Definitions, general.—As used in the Florida
  109  Statutes, except as otherwise provided, the term:
  110         (1) “Motor vehicle” means:
  111         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  112  truck tractor and semitrailer combination, or any other vehicle
  113  operated on the roads of this state, used to transport persons
  114  or property, and propelled by power other than muscular power,
  115  but the term does not include traction engines, road rollers,
  116  personal delivery devices as defined in s. 316.003, special
  117  mobile equipment as defined in s. 316.003, vehicles that run
  118  only upon a track, bicycles, swamp buggies, or mopeds.
  119         Section 5. Subsection (19) is added to section 320.02,
  120  Florida Statutes, to read:
  121         320.02 Registration required; application for registration;
  122  forms.—
  123         (19)A personal delivery device as defined in s. 316.003 is
  124  not required to satisfy the registration and insurance
  125  requirements of this section.
  126         Section 6. Subsection (1) of section 324.021, Florida
  127  Statutes, is amended to read:
  128         324.021 Definitions; minimum insurance required.—The
  129  following words and phrases when used in this chapter shall, for
  130  the purpose of this chapter, have the meanings respectively
  131  ascribed to them in this section, except in those instances
  132  where the context clearly indicates a different meaning:
  133         (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
  134  is designed and required to be licensed for use upon a highway,
  135  including trailers and semitrailers designed for use with such
  136  vehicles, except traction engines, road rollers, farm tractors,
  137  power shovels, and well drillers, and every vehicle that which
  138  is propelled by electric power obtained from overhead wires but
  139  not operated upon rails, but not including any personal delivery
  140  device as defined in s. 316.003, bicycle, or moped. However, the
  141  term “motor vehicle” does shall not include a any motor vehicle
  142  as defined in s. 627.732(3) when the owner of such vehicle has
  143  complied with the requirements of ss. 627.730-627.7405,
  144  inclusive, unless the provisions of s. 324.051 apply; and, in
  145  such case, the applicable proof of insurance provisions of s.
  146  320.02 apply.
  147         Section 7. Paragraph (a) of subsection (2) of section
  148  324.022, Florida Statutes, is amended to read:
  149         324.022 Financial responsibility for property damage.—
  150         (2) As used in this section, the term:
  151         (a) “Motor vehicle” means any self-propelled vehicle that
  152  has four or more wheels and that is of a type designed and
  153  required to be licensed for use on the highways of this state,
  154  and any trailer or semitrailer designed for use with such
  155  vehicle. The term does not include:
  156         1. A mobile home.
  157         2. A motor vehicle that is used in mass transit and
  158  designed to transport more than five passengers, exclusive of
  159  the operator of the motor vehicle, and that is owned by a
  160  municipality, transit authority, or political subdivision of the
  161  state.
  162         3. A school bus as defined in s. 1006.25.
  163         4. A vehicle providing for-hire transportation that is
  164  subject to the provisions of s. 324.031. A taxicab shall
  165  maintain security as required under s. 324.032(1).
  166         5.A personal delivery device as defined in s. 316.003.
  167         Section 8. Section 330.41, Florida Statutes, is created to
  168  read:
  169         330.41 Unmanned Aircraft Systems Act.—
  170         (1) SHORT TITLE.—This act may be cited as the “Unmanned
  171  Aircraft Systems Act.”
  172         (2) DEFINITIONS.—As used in this act, the term:
  173         (a) “Critical infrastructure facility” means any of the
  174  following, if completely enclosed by a fence or other physical
  175  barrier that is obviously designed to exclude intruders, or if
  176  clearly marked with a sign or signs which indicate that entry is
  177  forbidden and which are posted on the property in a manner
  178  reasonably likely to come to the attention of intruders:
  179         1.An electrical power generation or transmission facility,
  180  substation, switching station, or electrical control center.
  181         2.A chemical or rubber manufacturing or storage facility.
  182         3.A mining facility.
  183         4. A natural gas or compressed gas compressor station,
  184  storage facility, or natural gas or compressed gas pipeline.
  185         5.A liquid natural gas or propane gas terminal or storage
  186  facility with a capacity of 4,000 gallons or more.
  187         6.Any portion of an aboveground oil or gas pipeline.
  188         7.A wireless communications facility, including the tower,
  189  antennae, support structures, and all associated ground-based
  190  equipment.
  191         (b) “Drone” has the same meaning as s. 934.50(2).
  192         (c) “Unmanned aircraft system” means a drone and its
  193  associated elements, including communication links and the
  194  components used to control the drone which are required for the
  195  pilot in command to operate the drone safely and efficiently.
  196         (3) REGULATION.—
  197         (a) The authority to regulate the operation of unmanned
  198  aircraft systems is vested in the state except as provided in
  199  federal regulations, authorizations, or exemptions.
  200         (b)Except as otherwise expressly provided, a political
  201  subdivision may not enact or enforce an ordinance or resolution
  202  relating to the design, manufacture, testing, maintenance,
  203  licensing, registration, certification, or operation of an
  204  unmanned aircraft system, including airspace, altitude, flight
  205  paths, equipment or technology requirements; the purpose of
  206  operations; and pilot, operator, or observer qualifications,
  207  training, and certification.
  208         (c) This subsection does not limit the authority of a local
  209  government to enact or enforce local ordinances relating to
  210  nuisances, voyeurism, harassment, reckless endangerment,
  211  property damage, or other illegal acts arising from the use of
  212  unmanned aircraft systems if such laws or ordinances are not
  213  specifically related to the use of an unmanned aircraft system
  214  for those illegal acts.
  215         (d) A person or governmental entity seeking to restrict or
  216  limit the operation of drones in close proximity to
  217  infrastructure or facilities that the person or governmental
  218  entity owns or operates must apply to the Federal Aviation
  219  Administration for such designation pursuant to section 2209 of
  220  the FAA Extension, Safety, and Security Act of 2016.
  222         (a)A person may not knowingly or willfully:
  223         1. Operate a drone over a critical infrastructure facility;
  224         2. Allow a drone to make contact with a critical
  225  infrastructure facility, including any person or object on the
  226  premises of or within the facility; or
  227         3. Allow a drone to come within a distance of a critical
  228  infrastructure facility that is close enough to interfere with
  229  the operations of or cause a disturbance to the facility.
  230         (b) A person who violates paragraph (a) commits a
  231  misdemeanor of the second degree, punishable as provided in s.
  232  775.082 or s. 775.083. A person who commits a second or
  233  subsequent violation commits a misdemeanor of the first degree,
  234  punishable as provided in s. 775.082 or s. 775.083.
  235         (c)This subsection does not apply to actions identified in
  236  paragraph (a) which are committed by:
  237         1. A federal, state, or other governmental entity, or a
  238  person under contract or otherwise acting under the direction of
  239  a federal, state, or other governmental entity.
  240         2. A law enforcement agency that is in compliance with s.
  241  934.50, or a person under contract with or otherwise acting
  242  under the direction of such law enforcement agency.
  243         3. An owner, operator, or occupant of the critical
  244  infrastructure facility, or a person who has prior written
  245  consent of such owner, operator, or occupant.
  246         (d) Subparagraph (a)1. does not apply to a drone operating
  247  in transit for commercial purposes in compliance with Federal
  248  Aviation Administration regulations, authorizations, or
  249  exemptions.
  250         (e) This subsection shall sunset 60 days after the date
  251  that a process pursuant to Section 2209 of the FAA Extension,
  252  Safety and Security Act of 2016 becomes effective.
  253         (5) CONSTRUCTION.—This section shall be construed in
  254  accordance with standards imposed by federal statutes,
  255  regulations, and Federal Aviation Administration guidance on
  256  unmanned aircraft systems.
  257         Section 9. Section 330.411, Florida Statutes, is created to
  258  read:
  259         330.411 Prohibited possession or operation of unmanned
  260  aircraft; penalties.—A person may not possess or operate an
  261  unmanned aircraft or unmanned aircraft system as defined in s.
  262  330.41 with an attached weapon, firearm, explosive, destructive
  263  device, or ammunition as defined in s. 790.001.
  264         Section 10. Paragraph (j) is added to subsection (4) of
  265  section 934.50, Florida Statutes, to read:
  266         934.50 Searches and seizure using a drone.—
  267         (4) EXCEPTIONS.—This section does not prohibit the use of a
  268  drone:
  269         (j) By a communications service provider or a contractor
  270  for a communications service provider for routing, siting,
  271  installation, maintenance, or inspection of facilities used to
  272  provide communications services.
  273         Section 11. Subsection (1) of section 316.2128, Florida
  274  Statutes, is amended to read:
  275         316.2128 Operation of motorized scooters and miniature
  276  motorcycles; requirements for sales.—
  277         (1) A person who engages in the business of, serves in the
  278  capacity of, or acts as a commercial seller of motorized
  279  scooters or miniature motorcycles in this state must prominently
  280  display at his or her place of business a notice that such
  281  vehicles are not legal to operate on public roads, may not be
  282  registered as motor vehicles, and may not be operated on
  283  sidewalks unless authorized by an ordinance enacted pursuant to
  284  s. 316.008(7)(a) 316.008(7) or s. 316.212(8). The required
  285  notice must also appear in all forms of advertising offering
  286  motorized scooters or miniature motorcycles for sale. The notice
  287  and a copy of this section must also be provided to a consumer
  288  prior to the consumer’s purchasing or becoming obligated to
  289  purchase a motorized scooter or a miniature motorcycle.
  290         Section 12. Paragraph (b) of subsection (2) of section
  291  316.545, Florida Statutes, is amended to read:
  292         316.545 Weight and load unlawful; special fuel and motor
  293  fuel tax enforcement; inspection; penalty; review.—
  294         (2)
  295         (b) The officer or inspector shall inspect the license
  296  plate or registration certificate of the commercial vehicle to
  297  determine whether its gross weight is in compliance with the
  298  declared gross vehicle weight. If its gross weight exceeds the
  299  declared weight, the penalty shall be 5 cents per pound on the
  300  difference between such weights. In those cases when the
  301  commercial vehicle is being operated over the highways of the
  302  state with an expired registration or with no registration from
  303  this or any other jurisdiction or is not registered under the
  304  applicable provisions of chapter 320, the penalty herein shall
  305  apply on the basis of 5 cents per pound on that scaled weight
  306  which exceeds 35,000 pounds on laden truck tractor-semitrailer
  307  combinations or tandem trailer truck combinations, 10,000 pounds
  308  on laden straight trucks or straight truck-trailer combinations,
  309  or 10,000 pounds on any unladen commercial motor vehicle. A
  310  driver of a commercial motor vehicle entering the state at a
  311  designated port-of-entry location, as defined in s. 316.003
  312  316.003(54), or operating on designated routes to a port-of
  313  entry location, who obtains a temporary registration permit
  314  shall be assessed a penalty limited to the difference between
  315  its gross weight and the declared gross vehicle weight at 5
  316  cents per pound. If the license plate or registration has not
  317  been expired for more than 90 days, the penalty imposed under
  318  this paragraph may not exceed $1,000. In the case of special
  319  mobile equipment, which qualifies for the license tax provided
  320  for in s. 320.08(5)(b), being operated on the highways of the
  321  state with an expired registration or otherwise not properly
  322  registered under the applicable provisions of chapter 320, a
  323  penalty of $75 shall apply in addition to any other penalty
  324  which may apply in accordance with this chapter. A vehicle found
  325  in violation of this section may be detained until the owner or
  326  operator produces evidence that the vehicle has been properly
  327  registered. Any costs incurred by the retention of the vehicle
  328  shall be the sole responsibility of the owner. A person who has
  329  been assessed a penalty pursuant to this paragraph for failure
  330  to have a valid vehicle registration certificate pursuant to the
  331  provisions of chapter 320 is not subject to the delinquent fee
  332  authorized in s. 320.07 if such person obtains a valid
  333  registration certificate within 10 working days after such
  334  penalty was assessed.
  335         Section 13. Paragraph (a) of subsection (2) of section
  336  316.613, Florida Statutes, is amended to read:
  337         316.613 Child restraint requirements.—
  338         (2) As used in this section, the term “motor vehicle” means
  339  a motor vehicle as defined in s. 316.003 that is operated on the
  340  roadways, streets, and highways of the state. The term does not
  341  include:
  342         (a) A school bus as defined in s. 316.003 316.003(68).
  343         Section 14. Subsection (1) of section 655.960, Florida
  344  Statutes, is amended to read:
  345         655.960 Definitions; ss. 655.960-655.965.—As used in this
  346  section and ss. 655.961-655.965, unless the context otherwise
  347  requires:
  348         (1) “Access area” means any paved walkway or sidewalk which
  349  is within 50 feet of any automated teller machine. The term does
  350  not include any street or highway open to the use of the public,
  351  as defined in s. 316.003(79)(a) or (b) 316.003(77)(a) or (b),
  352  including any adjacent sidewalk, as defined in s. 316.003.
  353         Section 15. This act shall take effect July 1, 2017.
  355  ================= T I T L E  A M E N D M E N T ================
  356  And the title is amended as follows:
  357         Delete everything before the enacting clause
  358  and insert:
  359                        A bill to be entitled                      
  360         An act relating to unmanned devices; amending s.
  361         316.003, F.S.; revising and providing definitions;
  362         amending s. 316.008, F.S.; authorizing operation of
  363         personal delivery devices within a county or
  364         municipality under certain circumstances; providing
  365         construction; providing exceptions; creating s.
  366         316.2071, F.S.; providing requirements for the
  367         operation of personal delivery devices; requiring
  368         specified insurance coverage; amending s. 320.01,
  369         F.S.; redefining the term “motor vehicle”; amending s.
  370         320.02, F.S.; exempting personal delivery devices from
  371         certain registration and insurance requirements;
  372         amending ss. 324.021, and 324.022, F.S.; redefining
  373         the term “motor vehicle”; creating s. 330.41, F.S.;
  374         providing a short title; defining terms; providing
  375         that, except as provided in federal regulations,
  376         authorizations, or exemptions, the authority to
  377         regulate the operation of unmanned aircraft systems is
  378         vested in the state; prohibiting a political
  379         subdivision from enacting or enforcing certain
  380         ordinances or resolutions relating to unmanned
  381         aircraft systems; providing that the authority of
  382         local government to enact or enforce local ordinances
  383         relating to nuisances, voyeurism, harassment, reckless
  384         endangerment, property damage, or other illegal acts
  385         arising from the use of unmanned aircraft systems is
  386         not limited, subject to certain requirements;
  387         requiring persons seeking to restrict or limit the
  388         operation of drones in close proximity to certain
  389         infrastructure or facilities to apply to the Federal
  390         Aviation Administration; prohibiting a person from
  391         knowingly and willfully operating a drone over or
  392         allowing a drone to make contact with or come within a
  393         certain distance of certain critical infrastructure
  394         facilities; providing that such a violation is a
  395         misdemeanor punishable under specified provisions of
  396         ch. 775; providing an exemption from specified
  397         prohibited acts; providing for future sunset of a
  398         certain requirement; providing construction; creating
  399         s. 330.411, F.S.; prohibiting a person from possessing
  400         or operating an unmanned aircraft or unmanned aircraft
  401         system with certain attached weapons or devices;
  402         amending s. 934.50, F.S.; providing that the use of a
  403         drone by a communications service provider or
  404         contractor is not prohibited under certain provisions
  405         of ch. 934; amending ss. 316.2128, 316.545, 316.613,
  406         and 655.960, F.S.; conforming cross-references;
  407         providing an effective date.