Bill Text: FL S0624 | 2018 | Regular Session | Introduced


Bill Title: Drones

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2018-01-09 - Introduced [S0624 Detail]

Download: Florida-2018-S0624-Introduced.html
       Florida Senate - 2018                                     SB 624
       
       
        
       By Senator Young
       
       
       
       
       
       18-00447C-18                                           2018624__
    1                        A bill to be entitled                      
    2         An act relating to drones; amending s. 330.41, F.S.;
    3         defining the term “fixed-site facility”; prohibiting a
    4         person from knowingly or willingly operating a drone
    5         over, allowing a drone to make contact with, allowing
    6         a drone to come within a certain distance of, or using
    7         a drone to introduce contraband into or within the
    8         secure perimeter of a fixed-site facility; providing
    9         criminal penalties; amending s. 934.50, F.S.;
   10         authorizing the use of a drone if a law enforcement
   11         agency possesses reasonable suspicion that, under
   12         particular circumstances, swift action is needed to
   13         facilitate the collection of evidence at a crime scene
   14         or traffic crash scene; providing an effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Subsections (2) and (4) of section 330.41,
   19  Florida Statutes, are amended to read:
   20         330.41 Unmanned Aircraft Systems Act.—
   21         (2) DEFINITIONS.—As used in this act, the term:
   22         (a) “Critical infrastructure facility” means any of the
   23  following, if completely enclosed by a fence or other physical
   24  barrier that is obviously designed to exclude intruders, or if
   25  clearly marked with a sign or signs which indicate that entry is
   26  forbidden and which are posted on the property in a manner
   27  reasonably likely to come to the attention of intruders:
   28         1. An electrical power generation or transmission facility,
   29  substation, switching station, or electrical control center.
   30         2. A chemical or rubber manufacturing or storage facility.
   31         3. A mining facility.
   32         4. A natural gas or compressed gas compressor station,
   33  storage facility, or natural gas or compressed gas pipeline.
   34         5. A liquid natural gas or propane gas terminal or storage
   35  facility with a capacity of 4,000 gallons or more.
   36         6. Any portion of an aboveground oil or gas pipeline.
   37         7. A wireless communications facility, including the tower,
   38  antennae, support structures, and all associated ground-based
   39  equipment.
   40         (b) “Drone” has the same meaning as s. 934.50(2).
   41         (c)“Fixed-site facility” means any of the following, if
   42  completely enclosed by a fence or other physical barrier that is
   43  obviously designed to exclude intruders, or if clearly marked
   44  with one or more signs that indicate that entry is forbidden and
   45  that are posted on the property in a manner reasonably likely to
   46  come to the attention of intruders:
   47         1.A state correctional institution as defined in s.
   48  944.02.
   49         2.A secure detention center or facility, a high-risk
   50  residential facility, or a maximum-risk residential facility as
   51  defined in s. 985.03.
   52         3.A county detention facility as defined in s. 951.23.
   53         (d)(c) “Unmanned aircraft system” means a drone and its
   54  associated elements, including communication links and the
   55  components used to control the drone which are required for the
   56  pilot in command to operate the drone safely and efficiently.
   57         (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
   58         (a) A person may not knowingly or willfully:
   59         1. Operate a drone over a critical infrastructure facility
   60  or fixed-site facility;
   61         2. Allow a drone to make contact with a critical
   62  infrastructure facility or fixed-site facility, including any
   63  person or object on the premises of or within the facility; or
   64         3. Allow a drone to come within a distance of a critical
   65  infrastructure facility or fixed-site facility which that is
   66  close enough to interfere with the operations of or cause a
   67  disturbance to the facility; or.
   68         4.Use a drone to introduce contraband as defined in s.
   69  944.47, s. 985.711, or s. 951.22 into a fixed-site facility, or
   70  upon the grounds of or within the secured perimeter of the
   71  fixed-site facility.
   72         (b) A person who violates subparagraph (a)1., subparagraph
   73  (a)2., or subparagraph (a)3. paragraph (a) commits a misdemeanor
   74  of the second degree, punishable as provided in s. 775.082 or s.
   75  775.083. A person who commits a second or subsequent violation
   76  of subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
   77  commits a misdemeanor of the first degree, punishable as
   78  provided in s. 775.082 or s. 775.083. A person who violates
   79  subparagraph (a)4. commits a felony of the second degree,
   80  punishable as provided in s. 775.082 or s. 775.083.
   81         (c) This subsection does not apply to actions identified in
   82  paragraph (a) which are committed by:
   83         1. A federal, state, or other governmental entity, or a
   84  person under contract or otherwise acting under the direction of
   85  a federal, state, or other governmental entity.
   86         2. A law enforcement agency that is in compliance with s.
   87  934.50, or a person under contract with or otherwise acting
   88  under the direction of such law enforcement agency.
   89         3. An owner, operator, or occupant of the critical
   90  infrastructure facility, or a person who has prior written
   91  consent of such owner, operator, or occupant.
   92         (d) Subparagraph (a)1. does not apply to a drone operating
   93  in transit for commercial purposes in compliance with Federal
   94  Aviation Administration regulations, authorizations, or
   95  exemptions.
   96         (e) This subsection shall sunset 60 days after the date
   97  that a process pursuant to s. 2209 of the FAA Extension, Safety
   98  and Security Act of 2016 becomes effective.
   99         Section 2. Paragraph (c) of subsection (4) of section
  100  934.50, Florida Statutes, is amended to read:
  101         934.50 Searches and seizure using a drone.—
  102         (4) EXCEPTIONS.—This section does not prohibit the use of a
  103  drone:
  104         (c) If the law enforcement agency possesses reasonable
  105  suspicion that, under particular circumstances, swift action is
  106  needed to prevent imminent danger to life or serious damage to
  107  property;, to forestall the imminent escape of a suspect or the
  108  destruction of evidence; to facilitate the collection of
  109  evidence at a crime scene or traffic crash scene;, or to achieve
  110  purposes including, but not limited to, facilitating the search
  111  for a missing person.
  112         Section 3. This act shall take effect October 1, 2018.

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