Florida Senate - 2019                              CS for SB 132
       By the Committee on Criminal Justice; and Senator Rouson
       591-02308-19                                           2019132c1
    1                        A bill to be entitled                      
    2         An act relating to drones; amending s. 934.50, F.S.;
    3         defining the terms “dangerous or deadly weapon” and
    4         “large-scale event”; authorizing the use of a drone by
    5         a law enforcement agency to prepare for or monitor
    6         safety and security at a large-scale event;
    7         prohibiting a law enforcement agency using a drone in
    8         an authorized manner from equipping it with specified
    9         attachments or using it to fire projectiles;
   10         reenacting s. 330.41(4), F.S., relating to the
   11         Unmanned Aircraft Systems Act, to incorporate the
   12         amendment made to s. 934.50, F.S., in a reference
   13         thereto; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Present paragraphs (a), (b), (c), (d), and (e)
   18  of subsection (2) of section 934.50, Florida Statutes, are
   19  redesignated as paragraphs (b), (c), (d), (f), and (g),
   20  respectively, and new paragraphs (a) and (e) are added to that
   21  subsection, paragraph (a) of subsection (3) of that section is
   22  amended, present paragraphs (d) through (j) of subsection (4) of
   23  that section are redesignated as paragraphs (e) through (k),
   24  respectively, and a new paragraph (d) is added to that
   25  subsection, to read:
   26         934.50 Searches and seizure using a drone.—
   27         (2) DEFINITIONS.—As used in this act, the term:
   28         (a) “Dangerous or deadly weapon” means a firearm or other
   29  weapon, device, instrument, material, or substance, whether
   30  animate or inanimate, which is used or is intended to be used in
   31  a manner capable of causing death or serious bodily injury.
   32         (e) “Large-scale event” means a public or private event
   33  attended by more than 100 persons at a sports or entertainment
   34  arena, a stadium, a convention hall, a special event center, an
   35  amusement facility, an outdoor concert venue, a special event
   36  area licensed or permitted for use under the authority of a unit
   37  of local government, or an event open to the public that takes
   38  place on a public way or on government-owned property.
   39         (3) PROHIBITED USE OF DRONES.—
   40         (a) A law enforcement agency may not use a drone to gather
   41  evidence or other information, except as provided in subsection
   42  (4).
   43         (4) EXCEPTIONS.—This section does not prohibit the use of a
   44  drone:
   45         (d) If a law enforcement agency uses a drone to prepare for
   46  or monitor safety and security at a large-scale event and the
   47  drone use is limited to legitimate public safety purposes,
   48  including, but not limited to, evaluating crowd size, density,
   49  or movement; assessing public safety vulnerabilities or
   50  weaknesses; determining appropriate staffing levels for law
   51  enforcement or other public safety personnel; or identifying
   52  possible criminal activity. If a law enforcement agency is using
   53  a drone under this paragraph, the agency may not fire a
   54  projectile from the drone or equip the drone with tear gas
   55  canisters, stun gun technology, or any other dangerous or deadly
   56  weapon.
   57         Section 2. For the purpose of incorporating the amendment
   58  made by this act to section 934.50, Florida Statutes, in a
   59  reference thereto, subsection (4) of section 330.41, Florida
   60  Statutes, is reenacted to read:
   61         330.41 Unmanned Aircraft Systems Act.—
   63         (a) A person may not knowingly or willfully:
   64         1. Operate a drone over a critical infrastructure facility;
   65         2. Allow a drone to make contact with a critical
   66  infrastructure facility, including any person or object on the
   67  premises of or within the facility; or
   68         3. Allow a drone to come within a distance of a critical
   69  infrastructure facility that is close enough to interfere with
   70  the operations of or cause a disturbance to the facility.
   71         (b) A person who violates paragraph (a) commits a
   72  misdemeanor of the second degree, punishable as provided in s.
   73  775.082 or s. 775.083. A person who commits a second or
   74  subsequent violation commits a misdemeanor of the first degree,
   75  punishable as provided in s. 775.082 or s. 775.083.
   76         (c) This subsection does not apply to actions identified in
   77  paragraph (a) which are committed by:
   78         1. A federal, state, or other governmental entity, or a
   79  person under contract or otherwise acting under the direction of
   80  a federal, state, or other governmental entity.
   81         2. A law enforcement agency that is in compliance with s.
   82  934.50, or a person under contract with or otherwise acting
   83  under the direction of such law enforcement agency.
   84         3. An owner, operator, or occupant of the critical
   85  infrastructure facility, or a person who has prior written
   86  consent of such owner, operator, or occupant.
   87         (d) Subparagraph (a)1. does not apply to a drone operating
   88  in transit for commercial purposes in compliance with Federal
   89  Aviation Administration regulations, authorizations, or
   90  exemptions.
   91         (e) This subsection shall sunset 60 days after the date
   92  that a process pursuant to s. 2209 of the FAA Extension, Safety
   93  and Security Act of 2016 becomes effective.
   94         Section 3. This act shall take effect July 1, 2019.