Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 832
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/21/2017           .                                

       The Committee on Criminal Justice (Young) recommended the
    1         Senate Amendment (with title amendment)
    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.
   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.
   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.