CS/HB 645 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Unmanned Aircraft Systems Act; 2
amending s. 330.41, F.S.; revising the definition of 3
the term "critical infrastructure facility"; deleting 4
a provision requiring certain persons and governmental 5
entities to apply to the Federal Aviation 6
Administration to restrict or limit the operation of 7
drones in close proximity to certain infrastructure or 8
facilities; deleting a provision allowing a drone 9
operating in transit for commercial purposes to 10
operate over a critical infrastructure facility under 11
certain circumstances; providing for future sunset of 12
the definition of the term "critical infrastructure 13
facility"; providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Paragraph (a) of subsection (2), paragraph (d) 18
of subsection (3), and paragraphs (d) and (e) of subsection (4) 19
of section 330.41, 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 i f 25
CS/HB 645 2023
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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. A An electrical power generation or transmission 29
facility, substation, switching station, or electrical control 30
center. 31
2. A chemical or rubber manufacturing or storage facility. 32
3. A water intake structure, water treatment facility, 33
wastewater treatment plant, or pump station. 34
4.3. A mining facility. 35
5.4. A natural gas or compressed gas compressor station, 36
storage facility, or natural gas or compressed gas pipeline. 37
6.5. A liquid natural gas or propane gas terminal or 38
storage facility with a capacity of 4,000 gallons or more . 39
7.6. Any portion of an aboveground oil or gas pipeline. 40
8.7. A wireless communications facility, including the 41
tower, antennae, support structures, and all associated ground -42
based equipment. 43
9. A deepwater port listed in s. 311.09(1) or a railroad 44
switching yard. However, such deepwater port need not be 45
completely enclosed by a fence or other physical barrier and 46
need not be marked with a sign or signs indicating that entry is 47
forbidden. 48
10. An airport as defined in s. 330.27. 49
11. A spaceport territory as defined in s. 331.303(18). 50
CS/HB 645 2023
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12. A military installation listed in s. 163.3175(2). 51
13. A dam as defined in s. 373.403(1) or other structures, 52
such as locks, floodgates, or dikes, which are designed to 53
maintain or control the level of navigable waterways. 54
14.8. A state correctional institution as defined in s. 55
944.02 or a private correctional facility authorized under 56
chapter 957. 57
15.9. A secure detention center or facility, as defined in 58
s. 985.03, or a nonsecure residential facility, a hig h-risk 59
residential facility, or a maximum -risk residential facility, as 60
those terms are described in s. 985.03(44). 61
16.10. A county detention facility, as defined in s. 62
951.23. 63
(3) REGULATION.— 64
(d) A person or governmental entity seeking to restrict or 65
limit the operation of drones in close proximity to 66
infrastructure or facilities that the person or governmental 67
entity owns or operates must apply to the Federal Aviation 68
Administration for such designation pursuant to s. 2209 of the 69
FAA Extension, Safety, and Security Act of 2016. 70
(4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. — 71
(d) Subparagraph (a)1. does not apply to a drone operating 72
in transit for commercial purposes in compliance with Federal 73
Aviation Administration regulations, authoriz ations, or 74
exemptions. 75
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(d)(e) This subsection and paragraph (2)(a) shall sunset 76
60 days after the date that a process pursuant to s. 2209 of the 77
FAA Extension, Safety and Security Act of 2016 becomes 78
effective. 79
Section 2. This act shall take effect July 1, 2023. 80