Florida Senate - 2017                       CS for CS for SB 832
       By the Committees on Rules; and Criminal Justice; and Senator
       595-04440A-17                                          2017832c2
    1                        A bill to be entitled                      
    2         An act relating to unmanned devices; amending s.
    3         316.003, F.S.; revising and providing definitions;
    4         amending s. 316.008, F.S.; authorizing operation of
    5         personal delivery devices within a county or
    6         municipality under certain circumstances; providing
    7         construction; providing exceptions; creating s.
    8         316.2071, F.S.; providing requirements for the
    9         operation of personal delivery devices; requiring
   10         specified insurance coverage; amending s. 320.01,
   11         F.S.; redefining the term “motor vehicle”; amending s.
   12         320.02, F.S.; exempting personal delivery devices from
   13         certain registration and insurance requirements;
   14         amending ss. 324.021, and 324.022, F.S.; redefining
   15         the term “motor vehicle”; creating s. 330.41, F.S.;
   16         providing a short title; defining terms; providing
   17         that, except as provided in federal regulations,
   18         authorizations, or exemptions, the authority to
   19         regulate the operation of unmanned aircraft systems is
   20         vested in the state; prohibiting a political
   21         subdivision from enacting or enforcing certain
   22         ordinances or resolutions relating to unmanned
   23         aircraft systems; providing that the authority of
   24         local government to enact or enforce local ordinances
   25         relating to nuisances, voyeurism, harassment, reckless
   26         endangerment, property damage, or other illegal acts
   27         arising from the use of unmanned aircraft systems is
   28         not limited, subject to certain requirements;
   29         requiring persons seeking to restrict or limit the
   30         operation of drones in close proximity to certain
   31         infrastructure or facilities to apply to the Federal
   32         Aviation Administration; prohibiting a person from
   33         knowingly and willfully operating a drone over or
   34         allowing a drone to make contact with or come within a
   35         certain distance of certain critical infrastructure
   36         facilities; providing that such a violation is a
   37         misdemeanor punishable under specified provisions of
   38         ch. 775, F.S.; providing an exemption from specified
   39         prohibited acts; providing for future sunset of a
   40         certain requirement; providing construction; creating
   41         s. 330.411, F.S.; prohibiting a person from possessing
   42         or operating an unmanned aircraft or unmanned aircraft
   43         system with certain attached weapons or devices;
   44         amending s. 934.50, F.S.; providing that the use of a
   45         drone by a communications service provider or
   46         contractor is not prohibited under certain provisions
   47         of ch. 934, F.S.; amending ss. 316.2128, 316.545,
   48         316.613, and 655.960, F.S.; conforming cross
   49         references; providing an effective date.
   51  Be It Enacted by the Legislature of the State of Florida:
   53         Section 1. Present subsections (51) through (97) of section
   54  316.003, Florida Statutes, are renumbered as subsections (53)
   55  through (99), respectively, present subsections (40), (55), and
   56  (95) are amended, and new subsections (51) and (52) are added to
   57  that section, to read:
   58         316.003 Definitions.—The following words and phrases, when
   59  used in this chapter, shall have the meanings respectively
   60  ascribed to them in this section, except where the context
   61  otherwise requires:
   62         (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
   63  self-propelled vehicle not operated upon rails or guideway, but
   64  not including any bicycle, motorized scooter, electric personal
   65  assistive mobility device, personal delivery device, swamp
   66  buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
   67  has the same meaning as provided in s. 320.01(1)(a).
   68         (51)PERSONAL DELIVERY DEVICE.—An electrically powered
   69  device that:
   70         (a)Is operated on sidewalks and crosswalks and intended
   71  primarily for transporting property;
   72         (b)Weighs less than 80 pounds, excluding cargo;
   73         (c)Has a maximum speed of 10 miles per hour; and
   74         (d)Is equipped with technology to allow for operation of
   75  the device with or without the active control or monitoring of a
   76  natural person.
   78  A personal delivery device is not considered a vehicle unless
   79  expressly defined by law as a vehicle.
   80         (52)PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its
   81  agent that exercises direct physical control over or monitoring
   82  of the navigation system and operation of a personal delivery
   83  device. For the purposes of this subsection, the term “agent”
   84  means a person charged by the entity with the responsibility of
   85  navigating and operating the personal delivery device. The term
   86  “personal delivery device operator” does not include an entity
   87  or person who requests the services of a personal delivery
   88  device for the purpose of transporting property or an entity or
   89  person who only arranges for and dispatches the requested
   90  services of a personal delivery device.
   91         (57)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
   92  provided in paragraph (79)(b) (77)(b), any privately owned way
   93  or place used for vehicular travel by the owner and those having
   94  express or implied permission from the owner, but not by other
   95  persons.
   96         (97)(95) VEHICLE.—Every device in, upon, or by which any
   97  person or property is or may be transported or drawn upon a
   98  highway, except personal delivery devices and devices used
   99  exclusively upon stationary rails or tracks.
  100         Section 2. Subsection (7) of section 316.008, Florida
  101  Statutes, is amended to read:
  102         316.008 Powers of local authorities.—
  103         (7)(a) A county or municipality may enact an ordinance to
  104  permit, control, or regulate the operation of vehicles, golf
  105  carts, mopeds, motorized scooters, and electric personal
  106  assistive mobility devices on sidewalks or sidewalk areas when
  107  such use is permissible under federal law. The ordinance must
  108  restrict such vehicles or devices to a maximum speed of 15 miles
  109  per hour in such areas.
  110         (b)1.Except as provided in subparagraph 2., a personal
  111  delivery device may be operated on sidewalks and crosswalks
  112  within a county or municipality when such use is permissible
  113  under federal law. This paragraph does not restrict a county or
  114  municipality from otherwise adopting regulations for the safe
  115  operation of personal delivery devices.
  116         2.A personal delivery device may not be operated on the
  117  Florida Shared-Use Nonmotorized Trail Network created under s.
  118  339.81 or components of the Florida Greenways and Trails System
  119  created under chapter 260.
  120         Section 3. Section 316.2071, Florida Statutes, is created
  121  to read:
  122         316.2071Personal delivery devices.—
  123         (1)Notwithstanding any provision of law to the contrary, a
  124  personal delivery device may operate on sidewalks and
  125  crosswalks, subject to s. 316.008(7)(b). A personal delivery
  126  device operating on a sidewalk or crosswalk has all the rights
  127  and duties applicable to a pedestrian under the same
  128  circumstances, except that the personal delivery device must not
  129  unreasonably interfere with pedestrians or traffic and must
  130  yield the right-of-way to pedestrians on the sidewalk or
  131  crosswalk.
  132         (2)A personal delivery device must:
  133         (a)Obey all official traffic and pedestrian control
  134  signals and devices.
  135         (b)Include a plate or marker that has a unique identifying
  136  device number and identifies the name and contact information of
  137  the personal delivery device operator.
  138         (c)Be equipped with a braking system that, when active or
  139  engaged, enables the personal delivery device to come to a
  140  controlled stop.
  141         (3)A personal delivery device may not:
  142         (a)Operate on a public highway except to the extent
  143  necessary to cross a crosswalk.
  144         (b)Operate on a sidewalk or crosswalk unless the personal
  145  delivery device operator is actively controlling or monitoring
  146  the navigation and operation of the personal delivery device.
  147         (c)Transport hazardous materials as defined in s. 316.003.
  148         (4)A person who owns and operates a personal delivery
  149  device in this state must maintain an insurance policy, on
  150  behalf of himself or herself and his or her agents, which
  151  provides general liability coverage of at least $100,000 for
  152  damages arising from the combined operations of personal
  153  delivery devices under the entity’s or agent’s control.
  154         Section 4. Paragraph (a) of subsection (1) of section
  155  320.01, Florida Statutes, is amended to read:
  156         320.01 Definitions, general.—As used in the Florida
  157  Statutes, except as otherwise provided, the term:
  158         (1) “Motor vehicle” means:
  159         (a) An automobile, motorcycle, truck, trailer, semitrailer,
  160  truck tractor and semitrailer combination, or any other vehicle
  161  operated on the roads of this state, used to transport persons
  162  or property, and propelled by power other than muscular power,
  163  but the term does not include traction engines, road rollers,
  164  personal delivery devices as defined in s. 316.003, special
  165  mobile equipment as defined in s. 316.003, vehicles that run
  166  only upon a track, bicycles, swamp buggies, or mopeds.
  167         Section 5. Subsection (19) is added to section 320.02,
  168  Florida Statutes, to read:
  169         320.02 Registration required; application for registration;
  170  forms.—
  171         (19)A personal delivery device as defined in s. 316.003 is
  172  not required to satisfy the registration and insurance
  173  requirements of this section.
  174         Section 6. Subsection (1) of section 324.021, Florida
  175  Statutes, is amended to read:
  176         324.021 Definitions; minimum insurance required.—The
  177  following words and phrases when used in this chapter shall, for
  178  the purpose of this chapter, have the meanings respectively
  179  ascribed to them in this section, except in those instances
  180  where the context clearly indicates a different meaning:
  181         (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
  182  is designed and required to be licensed for use upon a highway,
  183  including trailers and semitrailers designed for use with such
  184  vehicles, except traction engines, road rollers, farm tractors,
  185  power shovels, and well drillers, and every vehicle that which
  186  is propelled by electric power obtained from overhead wires but
  187  not operated upon rails, but not including any personal delivery
  188  device as defined in s. 316.003, bicycle, or moped. However, the
  189  term “motor vehicle” does shall not include a any motor vehicle
  190  as defined in s. 627.732(3) when the owner of such vehicle has
  191  complied with the requirements of ss. 627.730-627.7405,
  192  inclusive, unless the provisions of s. 324.051 apply; and, in
  193  such case, the applicable proof of insurance provisions of s.
  194  320.02 apply.
  195         Section 7. Paragraph (a) of subsection (2) of section
  196  324.022, Florida Statutes, is amended to read:
  197         324.022 Financial responsibility for property damage.—
  198         (2) As used in this section, the term:
  199         (a) “Motor vehicle” means any self-propelled vehicle that
  200  has four or more wheels and that is of a type designed and
  201  required to be licensed for use on the highways of this state,
  202  and any trailer or semitrailer designed for use with such
  203  vehicle. The term does not include:
  204         1. A mobile home.
  205         2. A motor vehicle that is used in mass transit and
  206  designed to transport more than five passengers, exclusive of
  207  the operator of the motor vehicle, and that is owned by a
  208  municipality, transit authority, or political subdivision of the
  209  state.
  210         3. A school bus as defined in s. 1006.25.
  211         4. A vehicle providing for-hire transportation that is
  212  subject to the provisions of s. 324.031. A taxicab shall
  213  maintain security as required under s. 324.032(1).
  214         5.A personal delivery device as defined in s. 316.003.
  215         Section 8. Section 330.41, Florida Statutes, is created to
  216  read:
  217         330.41 Unmanned Aircraft Systems Act.—
  218         (1) SHORT TITLE.—This act may be cited as the “Unmanned
  219  Aircraft Systems Act.”
  220         (2) DEFINITIONS.—As used in this act, the term:
  221         (a) “Critical infrastructure facility” means any of the
  222  following, if completely enclosed by a fence or other physical
  223  barrier that is obviously designed to exclude intruders, or if
  224  clearly marked with a sign or signs which indicate that entry is
  225  forbidden and which are posted on the property in a manner
  226  reasonably likely to come to the attention of intruders:
  227         1.An electrical power generation or transmission facility,
  228  substation, switching station, or electrical control center.
  229         2.A chemical or rubber manufacturing or storage facility.
  230         3.A mining facility.
  231         4. A natural gas or compressed gas compressor station,
  232  storage facility, or natural gas or compressed gas pipeline.
  233         5.A liquid natural gas or propane gas terminal or storage
  234  facility with a capacity of 4,000 gallons or more.
  235         6.Any portion of an aboveground oil or gas pipeline.
  236         7.A wireless communications facility, including the tower,
  237  antennae, support structures, and all associated ground-based
  238  equipment.
  239         (b) “Drone” has the same meaning as s. 934.50(2).
  240         (c) “Unmanned aircraft system” means a drone and its
  241  associated elements, including communication links and the
  242  components used to control the drone which are required for the
  243  pilot in command to operate the drone safely and efficiently.
  244         (3) REGULATION.—
  245         (a) The authority to regulate the operation of unmanned
  246  aircraft systems is vested in the state except as provided in
  247  federal regulations, authorizations, or exemptions.
  248         (b)Except as otherwise expressly provided, a political
  249  subdivision may not enact or enforce an ordinance or resolution
  250  relating to the design, manufacture, testing, maintenance,
  251  licensing, registration, certification, or operation of an
  252  unmanned aircraft system, including airspace, altitude, flight
  253  paths, equipment or technology requirements; the purpose of
  254  operations; and pilot, operator, or observer qualifications,
  255  training, and certification.
  256         (c) This subsection does not limit the authority of a local
  257  government to enact or enforce local ordinances relating to
  258  nuisances, voyeurism, harassment, reckless endangerment,
  259  property damage, or other illegal acts arising from the use of
  260  unmanned aircraft systems if such laws or ordinances are not
  261  specifically related to the use of an unmanned aircraft system
  262  for those illegal acts.
  263         (d) A person or governmental entity seeking to restrict or
  264  limit the operation of drones in close proximity to
  265  infrastructure or facilities that the person or governmental
  266  entity owns or operates must apply to the Federal Aviation
  267  Administration for such designation pursuant to section 2209 of
  268  the FAA Extension, Safety, and Security Act of 2016.
  270         (a)A person may not knowingly or willfully:
  271         1. Operate a drone over a critical infrastructure facility;
  272         2. Allow a drone to make contact with a critical
  273  infrastructure facility, including any person or object on the
  274  premises of or within the facility; or
  275         3. Allow a drone to come within a distance of a critical
  276  infrastructure facility that is close enough to interfere with
  277  the operations of or cause a disturbance to the facility.
  278         (b) A person who violates paragraph (a) commits a
  279  misdemeanor of the second degree, punishable as provided in s.
  280  775.082 or s. 775.083. A person who commits a second or
  281  subsequent violation commits a misdemeanor of the first degree,
  282  punishable as provided in s. 775.082 or s. 775.083.
  283         (c)This subsection does not apply to actions identified in
  284  paragraph (a) which are committed by:
  285         1. A federal, state, or other governmental entity, or a
  286  person under contract or otherwise acting under the direction of
  287  a federal, state, or other governmental entity.
  288         2. A law enforcement agency that is in compliance with s.
  289  934.50, or a person under contract with or otherwise acting
  290  under the direction of such law enforcement agency.
  291         3. An owner, operator, or occupant of the critical
  292  infrastructure facility, or a person who has prior written
  293  consent of such owner, operator, or occupant.
  294         (d) Subparagraph (a)1. does not apply to a drone operating
  295  in transit for commercial purposes in compliance with Federal
  296  Aviation Administration regulations, authorizations, or
  297  exemptions.
  298         (e) This subsection shall sunset 60 days after the date
  299  that a process pursuant to Section 2209 of the FAA Extension,
  300  Safety and Security Act of 2016 becomes effective.
  301         (5) CONSTRUCTION.—This section shall be construed in
  302  accordance with standards imposed by federal statutes,
  303  regulations, and Federal Aviation Administration guidance on
  304  unmanned aircraft systems.
  305         Section 9. Section 330.411, Florida Statutes, is created to
  306  read:
  307         330.411 Prohibited possession or operation of unmanned
  308  aircraft.—A person may not possess or operate an unmanned
  309  aircraft or unmanned aircraft system as defined in s. 330.41
  310  with an attached weapon, firearm, explosive, destructive device,
  311  or ammunition as defined in s. 790.001.
  312         Section 10. Paragraph (j) is added to subsection (4) of
  313  section 934.50, Florida Statutes, to read:
  314         934.50 Searches and seizure using a drone.—
  315         (4) EXCEPTIONS.—This section does not prohibit the use of a
  316  drone:
  317         (j) By a communications service provider or a contractor
  318  for a communications service provider for routing, siting,
  319  installation, maintenance, or inspection of facilities used to
  320  provide communications services.
  321         Section 11. Subsection (1) of section 316.2128, Florida
  322  Statutes, is amended to read:
  323         316.2128 Operation of motorized scooters and miniature
  324  motorcycles; requirements for sales.—
  325         (1) A person who engages in the business of, serves in the
  326  capacity of, or acts as a commercial seller of motorized
  327  scooters or miniature motorcycles in this state must prominently
  328  display at his or her place of business a notice that such
  329  vehicles are not legal to operate on public roads, may not be
  330  registered as motor vehicles, and may not be operated on
  331  sidewalks unless authorized by an ordinance enacted pursuant to
  332  s. 316.008(7)(a) 316.008(7) or s. 316.212(8). The required
  333  notice must also appear in all forms of advertising offering
  334  motorized scooters or miniature motorcycles for sale. The notice
  335  and a copy of this section must also be provided to a consumer
  336  prior to the consumer’s purchasing or becoming obligated to
  337  purchase a motorized scooter or a miniature motorcycle.
  338         Section 12. Paragraph (b) of subsection (2) of section
  339  316.545, Florida Statutes, is amended to read:
  340         316.545 Weight and load unlawful; special fuel and motor
  341  fuel tax enforcement; inspection; penalty; review.—
  342         (2)
  343         (b) The officer or inspector shall inspect the license
  344  plate or registration certificate of the commercial vehicle to
  345  determine whether its gross weight is in compliance with the
  346  declared gross vehicle weight. If its gross weight exceeds the
  347  declared weight, the penalty shall be 5 cents per pound on the
  348  difference between such weights. In those cases when the
  349  commercial vehicle is being operated over the highways of the
  350  state with an expired registration or with no registration from
  351  this or any other jurisdiction or is not registered under the
  352  applicable provisions of chapter 320, the penalty herein shall
  353  apply on the basis of 5 cents per pound on that scaled weight
  354  which exceeds 35,000 pounds on laden truck tractor-semitrailer
  355  combinations or tandem trailer truck combinations, 10,000 pounds
  356  on laden straight trucks or straight truck-trailer combinations,
  357  or 10,000 pounds on any unladen commercial motor vehicle. A
  358  driver of a commercial motor vehicle entering the state at a
  359  designated port-of-entry location, as defined in s. 316.003
  360  316.003(54), or operating on designated routes to a port-of
  361  entry location, who obtains a temporary registration permit
  362  shall be assessed a penalty limited to the difference between
  363  its gross weight and the declared gross vehicle weight at 5
  364  cents per pound. If the license plate or registration has not
  365  been expired for more than 90 days, the penalty imposed under
  366  this paragraph may not exceed $1,000. In the case of special
  367  mobile equipment, which qualifies for the license tax provided
  368  for in s. 320.08(5)(b), being operated on the highways of the
  369  state with an expired registration or otherwise not properly
  370  registered under the applicable provisions of chapter 320, a
  371  penalty of $75 shall apply in addition to any other penalty
  372  which may apply in accordance with this chapter. A vehicle found
  373  in violation of this section may be detained until the owner or
  374  operator produces evidence that the vehicle has been properly
  375  registered. Any costs incurred by the retention of the vehicle
  376  shall be the sole responsibility of the owner. A person who has
  377  been assessed a penalty pursuant to this paragraph for failure
  378  to have a valid vehicle registration certificate pursuant to the
  379  provisions of chapter 320 is not subject to the delinquent fee
  380  authorized in s. 320.07 if such person obtains a valid
  381  registration certificate within 10 working days after such
  382  penalty was assessed.
  383         Section 13. Paragraph (a) of subsection (2) of section
  384  316.613, Florida Statutes, is amended to read:
  385         316.613 Child restraint requirements.—
  386         (2) As used in this section, the term “motor vehicle” means
  387  a motor vehicle as defined in s. 316.003 that is operated on the
  388  roadways, streets, and highways of the state. The term does not
  389  include:
  390         (a) A school bus as defined in s. 316.003 316.003(68).
  391         Section 14. Subsection (1) of section 655.960, Florida
  392  Statutes, is amended to read:
  393         655.960 Definitions; ss. 655.960-655.965.—As used in this
  394  section and ss. 655.961-655.965, unless the context otherwise
  395  requires:
  396         (1) “Access area” means any paved walkway or sidewalk which
  397  is within 50 feet of any automated teller machine. The term does
  398  not include any street or highway open to the use of the public,
  399  as defined in s. 316.003(79)(a) or (b) 316.003(77)(a) or (b),
  400  including any adjacent sidewalk, as defined in s. 316.003.
  401         Section 15. This act shall take effect July 1, 2017.