Florida 2023 2023 Regular Session

Florida House Bill H0645 Enrolled / Bill

Filed 05/01/2023

                            
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CS/CS/HB 645  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 
 
 
 
      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 effective dates. 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 if 25          
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CS/CS/HB 645  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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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 oi l or gas pipeline. 40 
 8.  A refinery. 41 
 9.  A gas processing plant, including a plant used in the 42 
processing, treatment, or fractionation of natural gas. 43 
 10.7. A wireless communications facility, including the 44 
tower, antennae, support structures, and all associated ground-45 
based equipment. 46 
 11.  A seaport as listed in s. 311.09(1), which need not be 47 
completely enclosed by a fence or other physical barrier and 48 
need not be marked with a sign or signs indicating that entry is 49 
forbidden. 50          
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CS/CS/HB 645  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 12.  An inland port or other facility or group of 51 
facilities serving as a point of intermodal transfer of freight 52 
in a specific area physically separated from a seaport. 53 
 13.  An airport as defined in s. 330.27. 54 
 14.  A spaceport territory as defined in s. 331.303(18). 55 
 15.  A military installation as defined in 10 U.S.C. s. 56 
2801(c)(4) and an armory as defined in s. 250.01. 57 
 16.  A dam as defined in s. 373.403(1) or other structures, 58 
such as locks, floodgates, or dikes, which are designed to 59 
maintain or control the level of navi gable waterways. 60 
 17.8. A state correctional institution as defined in s. 61 
944.02 or a private correctional facility authorized under 62 
chapter 957. 63 
 18.9. A secure detention center or facility , as defined in 64 
s. 985.03, or a nonsecure residential facility, a high-risk 65 
residential facility, or a maximum -risk residential facility , as 66 
those terms are described in s. 985.03(44). 67 
 19.10. A county detention facility , as defined in s. 68 
951.23. 69 
 (3)  REGULATION.— 70 
 (d)  A person or governmental entity seeking to rest rict or 71 
limit the operation of drones in close proximity to 72 
infrastructure or facilities that the person or governmental 73 
entity owns or operates must apply to the Federal Aviation 74 
Administration for such designation pursuant to s. 2209 of the 75          
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CODING: Words stricken are deletions; words underlined are additions. 
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FAA Extension, Safety, and Security Act of 2016. 76 
 (4)  PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. — 77 
 (d)  Subparagraph (a)1. does not apply to a drone operating 78 
in transit for commercial purposes in compliance with Federal 79 
Aviation Administration regulations, aut horizations, or 80 
exemptions. 81 
 (d)(e) This subsection and paragraph (2)(a) shall sunset 82 
60 days after the date that a process pursuant to s. 2209 of the 83 
FAA Extension, Safety and Security Act of 2016 becomes 84 
effective. 85 
 Section 2.  Effective on the same d ate that HB 1355, 2023 86 
Regular Session, or similar legislation takes effect, if such 87 
legislation is adopted in the same legislative session or an 88 
extension thereof and becomes a law, paragraph (a) of subsection 89 
(2) of section 330.41, Florida Statutes, as a mended by this act, 90 
is amended to read: 91 
 330.41  Unmanned Aircraft Systems Act. — 92 
 (2)  DEFINITIONS.—As used in this act, the term: 93 
 (a)  "Critical infrastructure facility" means any of the 94 
following, if completely enclosed by a fence or other physical 95 
barrier that is obviously designed to exclude intruders, or if 96 
clearly marked with a sign or signs which indicate that entry is 97 
forbidden and which are posted on the property in a manner 98 
reasonably likely to come to the attention of intruders: 99 
 1.  A power generation or transmission facility, 100          
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CS/CS/HB 645  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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substation, switching station, or electrical control center. 101 
 2.  A chemical or rubber manufacturing or storage facility. 102 
 3.  A water intake structure, water treatment facility, 103 
wastewater treatment plant, or pump station . 104 
 4.  A mining facility. 105 
 5.  A natural gas or compressed gas compressor station, 106 
storage facility, or natural gas or compressed gas pipeline. 107 
 6.  A liquid natural gas or propane gas terminal or storage 108 
facility. 109 
 7.  Any portion of an aboveground oil or gas pipeline. 110 
 8.  A refinery. 111 
 9.  A gas processing plant, including a plant used in the 112 
processing, treatment, or fractionation of natural gas. 113 
 10.  A wireless communications facility, including the 114 
tower, antennae, support structures, and all associated ground-115 
based equipment. 116 
 11.  A seaport as listed in s. 311.09(1), which need not be 117 
completely enclosed by a fence or other physical barrier and 118 
need not be marked with a sign or signs indicating that entry is 119 
forbidden. 120 
 12.  An inland port or other facility or group of 121 
facilities serving as a point of intermodal transfer of freight 122 
in a specific area physically separated from a seaport. 123 
 13.  An airport as defined in s. 330.27. 124 
 14.  A spaceport territory as defined in s. 331.303(18). 125          
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CS/CS/HB 645  	2023 Legislature 
 
 
 
CODING: Words stricken are deletions; words underlined are additions. 
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 15.  A military installation as defined in 10 U.S.C. s. 126 
2801(c)(4) and an armory as defined in s. 250.01. 127 
 16.  A dam as defined in s. 373.403(1) or other structures, 128 
such as locks, floodgates, or dikes, which are designed to 129 
maintain or control the level of navi gable waterways. 130 
 17.  A state correctional institution as defined in s. 131 
944.02 or a private correctional facility authorized under 132 
chapter 957. 133 
 18.  A secure detention center or facility as defined in s. 134 
985.03, or a nonsecure residential facility, a hig h-risk 135 
residential facility, or a maximum -risk residential facility as 136 
those terms are described in s. 985.03(44). 137 
 19.  A county detention facility as defined in s. 951.23. 138 
 20.  A critical infrastructure facility as defined in s. 139 
692.201. 140 
 Section 3.  Except as otherwise expressly provided in this 141 
act, this act shall take effect July 1, 2023. 142