Florida Senate - 2017 COMMITTEE AMENDMENT Bill No. SB 832 Ì9374445Î937444 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/21/2017 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Criminal Justice (Young) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 55 - 115 4 and insert: 5 (c) “Unmanned aircraft system” means a drone and its 6 associated elements, including communication links and the 7 components used to control the drone which are required for the 8 pilot in command to operate the drone safely and efficiently. 9 (3) REGULATION.— 10 (a) The authority to regulate the operation of unmanned 11 aircraft systems is vested in the state except as provided in 12 federal regulations, authorizations, or exemptions. 13 (b) Except as otherwise expressly provided, a political 14 subdivision may not enact or enforce an ordinance or resolution 15 relating to the design, manufacture, testing, maintenance, 16 licensing, registration, certification, or operation of an 17 unmanned aircraft system, including airspace, altitude, flight 18 paths, equipment or technology requirements; the purpose of 19 operations; and pilot, operator, or observer qualifications, 20 training, and certification. 21 (c) This subsection does not limit the authority of a local 22 government to enact or enforce local ordinances relating to 23 nuisances, voyeurism, harassment, reckless endangerment, 24 property damage, or other illegal acts arising from the use of 25 unmanned aircraft systems if such laws or ordinances are not 26 specifically related to the use of an unmanned aircraft system 27 for those illegal acts. 28 (d) A person or governmental entity seeking to restrict or 29 limit the operation of drones in close proximity to 30 infrastructure or facilities that the person or governmental 31 entity owns or operates must apply to the Federal Aviation 32 Administration for such designation pursuant to section 2209 of 33 the FAA Extension, Safety, and Security Act of 2016. 34 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 35 (a) A person may not knowingly or willfully: 36 1. Operate a drone over a critical infrastructure facility; 37 2. Allow a drone to make contact with a critical 38 infrastructure facility, including any person or object on the 39 premises of or within the facility; or 40 3. Allow a drone to come within a distance of a critical 41 infrastructure facility that is close enough to interfere with 42 the operations of or cause a disturbance to the facility. 43 (b) A person who violates paragraph (a) commits a 44 misdemeanor of the second degree, punishable as provided in s. 45 775.082 or s. 775.083. A person who commits a second or 46 subsequent violation commits a misdemeanor of the first degree, 47 punishable as provided in s. 775.082 or s. 775.083. 48 (c) This subsection does not apply to actions identified in 49 paragraph (a) which are committed by: 50 1. A federal, state, or other governmental entity, or a 51 person under contract or otherwise acting under the direction of 52 a federal, state, or other governmental entity. 53 2. A law enforcement agency that is in compliance with s. 54 934.50, or a person under contract with or otherwise acting 55 under the direction of such law enforcement agency. 56 3. An owner, operator, or occupant of the critical 57 infrastructure facility, or a person who has prior written 58 consent of such owner, operator, or occupant. 59 (d) Subparagraph (a)1. does not apply to a drone operating 60 in transit for commercial purposes in compliance with Federal 61 Aviation Administration regulations, authorizations, or 62 exemptions. 63 (5) CONSTRUCTION.-This section shall be construed in 64 accordance with standards imposed by federal statutes, 65 regulations, and Federal Aviation Administration guidance on 66 unmanned aircraft systems. 67 68 ================= T I T L E A M E N D M E N T ================ 69 And the title is amended as follows: 70 Delete lines 4 - 25 71 and insert: 72 that, except as provided in federal regulations, 73 authorizations, or exemptions, the authority to 74 regulate the operation of unmanned aircraft systems is 75 vested in the state; prohibiting a political 76 subdivision from enacting or enforcing certain 77 ordinances or resolutions relating to unmanned 78 aircraft systems; providing that the authority of 79 local government to enact or enforce local ordinances 80 relating to nuisances, voyeurism, harassment, reckless 81 endangerment, property damage, or other illegal acts 82 arising from the use of unmanned aircraft systems is 83 not limited, subject to certain requirements; 84 requiring persons seeking to restrict or limit the 85 operation of drones in close proximity to certain 86 infrastructure or facilities to apply to the Federal 87 Aviation Administration; prohibiting a person from 88 knowingly and willfully operating a drone over or 89 allowing a drone to make contact with or come within a 90 certain distance of certain critical infrastructure 91 facilities; providing that such a violation is a 92 misdemeanor punishable under specified provisions of 93 ch. 775; providing an exemption from specified 94 prohibited acts; providing construction; amending s.