Florida Senate - 2017                                     SB 832
       By Senator Young
       18-00671C-17                                           2017832__
    1                        A bill to be entitled                      
    2         An act relating to drones; creating s. 330.41, F.S.;
    3         providing a short title; defining terms; providing
    4         that the authority to regulate the ownership or
    5         operation of unmanned aircraft systems is vested in
    6         the state; prohibiting a political subdivision from
    7         enacting or enforcing certain ordinances or
    8         resolutions relating to unmanned aircraft systems;
    9         providing that this act does not limit local
   10         government authority to enact or enforce local
   11         ordinances relating to nuisances, voyeurism,
   12         harassment, reckless endangerment, property damage, or
   13         other illegal acts arising from the use of unmanned
   14         aircraft systems, subject to certain requirements;
   15         providing construction; requiring persons seeking to
   16         restrict or limit the operation of drones in close
   17         proximity to certain infrastructure or facilities to
   18         apply to the Federal Aviation Administration;
   19         prohibiting a person from knowingly and willfully
   20         operating a drone over or allowing a drone to make
   21         contact with or come within a certain distance of
   22         certain critical infrastructure facilities; providing
   23         that such a violation is a misdemeanor punishable
   24         under specified provisions of ch. 775; providing an
   25         exemption from specified prohibited acts; amending s.
   26         934.50, F.S.; providing that the use of a drone by a
   27         communications service provider or contractor is not
   28         prohibited under certain provisions of ch. 934;
   29         providing an effective date.
   31  Be It Enacted by the Legislature of the State of Florida:
   33         Section 1. Section 330.41, Florida Statutes, is created to
   34  read:
   35         330.41 Unmanned Aircraft Systems Act.—
   36         (1) SHORT TITLE.—This act may be cited as the “Unmanned
   37  Aircraft Systems Act.”
   38         (2) DEFINITIONS.—As used in this act, the term:
   39         (a) “Critical infrastructure facility” means any of the
   40  following, if completely enclosed by a fence or other physical
   41  barrier that is obviously designed to exclude intruders, or if
   42  clearly marked with a sign or signs which indicate that entry is
   43  forbidden and which are posted on the property in a manner
   44  reasonably likely to come to the attention of intruders:
   45         1.An electrical power generation or transmission facility,
   46  substation, switching station, or electrical control center.
   47         2.A natural gas compressor station, storage facility, or
   48  natural gas pipeline.
   49         3.A liquid natural gas terminal or storage facility.
   50         4.Any portion of an aboveground oil or gas pipeline.
   51         5.A wireless communications facility, including tower,
   52  antennae, support structures, and all associated ground-based
   53  equipment.
   54         (b) “Drone” has the same meaning as s. 934.50(2).
   55         (c) “Person” means an individual, a partnership, a
   56  corporation, an association, a governmental entity, or other
   57  legal entity.
   58         (d) “Unmanned aircraft system” means a drone and its
   59  associated elements, including communication links and the
   60  components used to control the drone which are required for the
   61  pilot in command to operate the drone safely and efficiently.
   62         (3) REGULATION.—
   63         (a) The authority to regulate the ownership or operation of
   64  unmanned aircraft systems is vested in the state.
   65         (b)Except as otherwise expressly provided, a political
   66  subdivision may not enact or enforce an ordinance or resolution
   67  relating to the design, manufacture, testing, maintenance,
   68  licensing, registration, certification, or operation of an
   69  unmanned aircraft system, including airspace, altitude, flight
   70  paths, equipment or technology requirements; the purpose of
   71  operations; and pilot, operator, or observer qualifications,
   72  training, and certification.
   73         (c) This section does not limit local government authority
   74  to enact or enforce local ordinances relating to nuisances,
   75  voyeurism, harassment, reckless endangerment, property damage,
   76  or other illegal acts arising from the use of unmanned aircraft
   77  systems if such laws or ordinances are not specifically related
   78  to the use of an unmanned aircraft system for those illegal
   79  acts.
   80         (d)This section shall be construed in accordance with
   81  standards described by federal statutes, regulations, and
   82  Federal Aviation Administration guidance on unmanned aircraft
   83  systems.
   85         (a) A person seeking to restrict or limit the operation of
   86  drones in close proximity to infrastructure or facilities the
   87  person owns or operates must apply to the Federal Aviation
   88  Administration for such designation pursuant to section 2209 of
   89  the FAA Extension, Safety, and Security Act of 2016.
   90         (b)Notwithstanding paragraph (a), a person may not
   91  knowingly or willfully:
   92         1. Operate a drone over a critical infrastructure facility;
   93         2. Allow a drone to make contact with a critical
   94  infrastructure facility, including any person or object on the
   95  premises of or within the facility; or
   96         3. Allow a drone to come within a distance of a critical
   97  infrastructure facility that is close enough to interfere with
   98  the operations of or cause a disturbance to the facility.
  100  A person who violates this paragraph commits a misdemeanor of
  101  the second degree, punishable as provided in s. 775.082 or s.
  102  775.083. A person who commits a second or subsequent violation
  103  commits a misdemeanor of the first degree, punishable as
  104  provided in s. 775.082 or s. 775.083.
  105         (c)This section does not apply to actions described in
  106  paragraph (b) that are committed by:
  107         1. A federal, state, or other governmental entity, or a
  108  person under contract or otherwise acting under the direction of
  109  a federal, state, or other governmental entity.
  110         2. A law enforcement agency that is in compliance with s.
  111  934.50, or a person under contract with or otherwise acting
  112  under the direction of such law enforcement agency.
  113         3. An owner, operator, or occupant of the critical
  114  infrastructure facility, or a person who has prior written
  115  consent of such owner, operator, or occupant.
  116         Section 2. Paragraph (j) is added to subsection (4) of
  117  section 934.50, Florida Statutes, to read:
  118         934.50 Searches and seizure using a drone.—
  119         (4) EXCEPTIONS.—This section does not prohibit the use of a
  120  drone:
  121         (j) By a communications service provider or a contractor
  122  for a communications service provider for routing, siting,
  123  installation, maintenance, or inspection of facilities used to
  124  provide communications services.
  125         Section 3. This act shall take effect July 1, 2017.