Florida Senate - 2017                              CS for SB 832
       By the Committee on Criminal Justice; and Senator Young
       591-02666-17                                           2017832c1
    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, except as provided in federal regulations,
    5         authorizations, or exemptions, the authority to
    6         regulate the operation of unmanned aircraft systems is
    7         vested in the state; prohibiting a political
    8         subdivision from enacting or enforcing certain
    9         ordinances or resolutions relating to unmanned
   10         aircraft systems; providing that the authority of
   11         local government to enact or enforce local ordinances
   12         relating to nuisances, voyeurism, harassment, reckless
   13         endangerment, property damage, or other illegal acts
   14         arising from the use of unmanned aircraft systems is
   15         not limited, subject to certain requirements;
   16         requiring persons seeking to restrict or limit the
   17         operation of drones in close proximity to certain
   18         infrastructure or facilities to apply to the Federal
   19         Aviation Administration; prohibiting a person from
   20         knowingly and willfully operating a drone over or
   21         allowing a drone to make contact with or come within a
   22         certain distance of certain critical infrastructure
   23         facilities; providing that such a violation is a
   24         misdemeanor punishable under specified provisions of
   25         ch. 775; providing an exemption from specified
   26         prohibited acts; providing construction; amending s.
   27         934.50, F.S.; providing that the use of a drone by a
   28         communications service provider or contractor is not
   29         prohibited under certain provisions of ch. 934;
   30         providing an effective date.
   32  Be It Enacted by the Legislature of the State of Florida:
   34         Section 1. Section 330.41, Florida Statutes, is created to
   35  read:
   36         330.41 Unmanned Aircraft Systems Act.—
   37         (1) SHORT TITLE.—This act may be cited as the “Unmanned
   38  Aircraft Systems Act.”
   39         (2) DEFINITIONS.—As used in this act, the term:
   40         (a) “Critical infrastructure facility” means any of the
   41  following, if completely enclosed by a fence or other physical
   42  barrier that is obviously designed to exclude intruders, or if
   43  clearly marked with a sign or signs which indicate that entry is
   44  forbidden and which are posted on the property in a manner
   45  reasonably likely to come to the attention of intruders:
   46         1.An electrical power generation or transmission facility,
   47  substation, switching station, or electrical control center.
   48         2.A natural gas compressor station, storage facility, or
   49  natural gas pipeline.
   50         3.A liquid natural gas terminal or storage facility.
   51         4.Any portion of an aboveground oil or gas pipeline.
   52         5.A wireless communications facility, including tower,
   53  antennae, support structures, and all associated ground-based
   54  equipment.
   55         (b) “Drone” has the same meaning as s. 934.50(2).
   56         (c) “Unmanned aircraft system” means a drone and its
   57  associated elements, including communication links and the
   58  components used to control the drone which are required for the
   59  pilot in command to operate the drone safely and efficiently.
   60         (3) REGULATION.—
   61         (a) The authority to regulate the operation of unmanned
   62  aircraft systems is vested in the state except as provided in
   63  federal regulations, authorizations, or exemptions.
   64         (b)Except as otherwise expressly provided, a political
   65  subdivision may not enact or enforce an ordinance or resolution
   66  relating to the design, manufacture, testing, maintenance,
   67  licensing, registration, certification, or operation of an
   68  unmanned aircraft system, including airspace, altitude, flight
   69  paths, equipment or technology requirements; the purpose of
   70  operations; and pilot, operator, or observer qualifications,
   71  training, and certification.
   72         (c) This subsection does not limit the authority of a local
   73  government to enact or enforce local ordinances relating to
   74  nuisances, voyeurism, harassment, reckless endangerment,
   75  property damage, or other illegal acts arising from the use of
   76  unmanned aircraft systems if such laws or ordinances are not
   77  specifically related to the use of an unmanned aircraft system
   78  for those illegal acts.
   79         (d) A person or governmental entity seeking to restrict or
   80  limit the operation of drones in close proximity to
   81  infrastructure or facilities that the person or governmental
   82  entity owns or operates must apply to the Federal Aviation
   83  Administration for such designation pursuant to section 2209 of
   84  the FAA Extension, Safety, and Security Act of 2016.
   86         (a)A person may not knowingly or willfully:
   87         1. Operate a drone over a critical infrastructure facility;
   88         2. Allow a drone to make contact with a critical
   89  infrastructure facility, including any person or object on the
   90  premises of or within the facility; or
   91         3. Allow a drone to come within a distance of a critical
   92  infrastructure facility that is close enough to interfere with
   93  the operations of or cause a disturbance to the facility.
   94         (b) A person who violates paragraph (a) commits a
   95  misdemeanor of the second degree, punishable as provided in s.
   96  775.082 or s. 775.083. A person who commits a second or
   97  subsequent violation commits a misdemeanor of the first degree,
   98  punishable as provided in s. 775.082 or s. 775.083.
   99         (c)This subsection does not apply to actions identified in
  100  paragraph (a) which are committed by:
  101         1. A federal, state, or other governmental entity, or a
  102  person under contract or otherwise acting under the direction of
  103  a federal, state, or other governmental entity.
  104         2. A law enforcement agency that is in compliance with s.
  105  934.50, or a person under contract with or otherwise acting
  106  under the direction of such law enforcement agency.
  107         3. An owner, operator, or occupant of the critical
  108  infrastructure facility, or a person who has prior written
  109  consent of such owner, operator, or occupant.
  110         (d) Subparagraph (a)1. does not apply to a drone operating
  111  in transit for commercial purposes in compliance with Federal
  112  Aviation Administration regulations, authorizations, or
  113  exemptions.
  114         (5) CONSTRUCTION.-This section shall be construed in
  115  accordance with standards imposed by federal statutes,
  116  regulations, and Federal Aviation Administration guidance on
  117  unmanned aircraft systems.
  118         Section 2. Paragraph (j) is added to subsection (4) of
  119  section 934.50, Florida Statutes, to read:
  120         934.50 Searches and seizure using a drone.—
  121         (4) EXCEPTIONS.—This section does not prohibit the use of a
  122  drone:
  123         (j) By a communications service provider or a contractor
  124  for a communications service provider for routing, siting,
  125  installation, maintenance, or inspection of facilities used to
  126  provide communications services.
  127         Section 3. This act shall take effect July 1, 2017.