Florida Senate - 2023                                    SB 1068
       
       
        
       By Senator Collins
       
       
       
       
       
       14-01120-23                                           20231068__
    1                        A bill to be entitled                      
    2         An act relating to drones; amending s. 330.41, F.S.;
    3         defining the terms “drone delivery service” and “drone
    4         port”; prohibiting a political subdivision from taking
    5         certain actions relating to drone delivery services;
    6         amending s. 553.73, F.S.; exempting drone ports from
    7         the Florida Building Code; providing an effective
    8         date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present paragraph (c) of subsection (2) and
   13  present paragraphs (c) and (d) of subsection (3) of section
   14  330.41, Florida Statutes, are redesignated as paragraph (e) of
   15  subsection (2) and paragraphs (d) and (e) of subsection (3),
   16  respectively, and new paragraphs (c) and (d) are added to
   17  subsection (2) and a new paragraph (c) is added to subsection
   18  (3) of that section, to read:
   19         330.41 Unmanned Aircraft Systems Act.—
   20         (2) DEFINITIONS.—As used in this act, the term:
   21         (c) “Drone delivery service” means a person engaged in a
   22  business or profession of delivering goods via drone and who is
   23  governed by Title 14 of the Code of Federal Regulations.
   24         (d) “Drone port” means any area of nonresidential land or
   25  water which is used, or intended for use, by a drone delivery
   26  service for the landing and takeoff of drones.
   27         (3) REGULATION.—
   28         (c) Except as otherwise expressly provided, and
   29  notwithstanding part II of chapter 163 and chapter 205, a
   30  political subdivision may not withhold issuance of a business
   31  tax receipt or enact or enforce an ordinance or resolution that
   32  prohibits a drone delivery service’s operation based on the
   33  location of the delivery service’s drone port.
   34         Section 2. Paragraph (l) is added to subsection (10) of
   35  section 553.73, Florida Statutes, to read:
   36         553.73 Florida Building Code.—
   37         (10) The following buildings, structures, and facilities
   38  are exempt from the Florida Building Code as provided by law,
   39  and any further exemptions shall be as determined by the
   40  Legislature and provided by law:
   41         (l) A drone port as defined in s. 330.41(2).
   42  
   43  With the exception of paragraphs (a), (b), (c), and (f), in
   44  order to preserve the health, safety, and welfare of the public,
   45  the Florida Building Commission may, by rule adopted pursuant to
   46  chapter 120, provide for exceptions to the broad categories of
   47  buildings exempted in this section, including exceptions for
   48  application of specific sections of the code or standards
   49  adopted therein. The Department of Agriculture and Consumer
   50  Services shall have exclusive authority to adopt by rule,
   51  pursuant to chapter 120, exceptions to nonresidential farm
   52  buildings exempted in paragraph (c) when reasonably necessary to
   53  preserve public health, safety, and welfare. The exceptions must
   54  be based upon specific criteria, such as under-roof floor area,
   55  aggregate electrical service capacity, HVAC system capacity, or
   56  other building requirements. Further, the commission may
   57  recommend to the Legislature additional categories of buildings,
   58  structures, or facilities which should be exempted from the
   59  Florida Building Code, to be provided by law. The Florida
   60  Building Code does not apply to temporary housing provided by
   61  the Department of Corrections to any prisoner in the state
   62  correctional system.
   63         Section 3. This act shall take effect July 1, 2023.