Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 832
Ì9374445Î937444
LEGISLATIVE ACTION
Senate . House
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The Committee on Criminal Justice (Young) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 55 - 115
4 and insert:
5 (c) “Unmanned aircraft system” means a drone and its
6 associated elements, including communication links and the
7 components used to control the drone which are required for the
8 pilot in command to operate the drone safely and efficiently.
9 (3) REGULATION.—
10 (a) The authority to regulate the operation of unmanned
11 aircraft systems is vested in the state except as provided in
12 federal regulations, authorizations, or exemptions.
13 (b) Except as otherwise expressly provided, a political
14 subdivision may not enact or enforce an ordinance or resolution
15 relating to the design, manufacture, testing, maintenance,
16 licensing, registration, certification, or operation of an
17 unmanned aircraft system, including airspace, altitude, flight
18 paths, equipment or technology requirements; the purpose of
19 operations; and pilot, operator, or observer qualifications,
20 training, and certification.
21 (c) This subsection does not limit the authority of a local
22 government to enact or enforce local ordinances relating to
23 nuisances, voyeurism, harassment, reckless endangerment,
24 property damage, or other illegal acts arising from the use of
25 unmanned aircraft systems if such laws or ordinances are not
26 specifically related to the use of an unmanned aircraft system
27 for those illegal acts.
28 (d) A person or governmental entity seeking to restrict or
29 limit the operation of drones in close proximity to
30 infrastructure or facilities that the person or governmental
31 entity owns or operates must apply to the Federal Aviation
32 Administration for such designation pursuant to section 2209 of
33 the FAA Extension, Safety, and Security Act of 2016.
34 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
35 (a) A person may not knowingly or willfully:
36 1. Operate a drone over a critical infrastructure facility;
37 2. Allow a drone to make contact with a critical
38 infrastructure facility, including any person or object on the
39 premises of or within the facility; or
40 3. Allow a drone to come within a distance of a critical
41 infrastructure facility that is close enough to interfere with
42 the operations of or cause a disturbance to the facility.
43 (b) A person who violates paragraph (a) commits a
44 misdemeanor of the second degree, punishable as provided in s.
45 775.082 or s. 775.083. A person who commits a second or
46 subsequent violation commits a misdemeanor of the first degree,
47 punishable as provided in s. 775.082 or s. 775.083.
48 (c) This subsection does not apply to actions identified in
49 paragraph (a) which are committed by:
50 1. A federal, state, or other governmental entity, or a
51 person under contract or otherwise acting under the direction of
52 a federal, state, or other governmental entity.
53 2. A law enforcement agency that is in compliance with s.
54 934.50, or a person under contract with or otherwise acting
55 under the direction of such law enforcement agency.
56 3. An owner, operator, or occupant of the critical
57 infrastructure facility, or a person who has prior written
58 consent of such owner, operator, or occupant.
59 (d) Subparagraph (a)1. does not apply to a drone operating
60 in transit for commercial purposes in compliance with Federal
61 Aviation Administration regulations, authorizations, or
62 exemptions.
63 (5) CONSTRUCTION.-This section shall be construed in
64 accordance with standards imposed by federal statutes,
65 regulations, and Federal Aviation Administration guidance on
66 unmanned aircraft systems.
67
68 ================= T I T L E A M E N D M E N T ================
69 And the title is amended as follows:
70 Delete lines 4 - 25
71 and insert:
72 that, except as provided in federal regulations,
73 authorizations, or exemptions, the authority to
74 regulate the operation of unmanned aircraft systems is
75 vested in the state; prohibiting a political
76 subdivision from enacting or enforcing certain
77 ordinances or resolutions relating to unmanned
78 aircraft systems; providing that the authority of
79 local government to enact or enforce local ordinances
80 relating to nuisances, voyeurism, harassment, reckless
81 endangerment, property damage, or other illegal acts
82 arising from the use of unmanned aircraft systems is
83 not limited, subject to certain requirements;
84 requiring persons seeking to restrict or limit the
85 operation of drones in close proximity to certain
86 infrastructure or facilities to apply to the Federal
87 Aviation Administration; prohibiting a person from
88 knowingly and willfully operating a drone over or
89 allowing a drone to make contact with or come within a
90 certain distance of certain critical infrastructure
91 facilities; providing that such a violation is a
92 misdemeanor punishable under specified provisions of
93 ch. 775; providing an exemption from specified
94 prohibited acts; providing construction; amending s.