This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0645a.TMS
DATE: 3/12/2023
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 645 Unmanned Aircraft Systems Act
SPONSOR(S): Transportation & Modals Subcommittee, Brackett
TIED BILLS: IDEN./SIM. BILLS: SB 908
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 16 Y, 0 N, As CS Lewis Hinshelwood
2) Criminal Justice Subcommittee
3) Infrastructure Strategies Committee
SUMMARY ANALYSIS
A drone is a powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces to provide
vehicle lift, can fly autonomously or be piloted remotely, can be expendable or recoverable, and can carry a
lethal or nonlethal payload.
Florida law protects critical infrastructure facilities from dangers associated with drone operation by
criminalizing knowingly and willfully:
Operating a drone over a critical infrastructure facility;
Allowing a drone to make contact with a critical infrastructure facility, including any person or object on
the premises of or within the facility; or
Allowing a drone to come close enough to a critical infrastructure facility as to interfere with the
operations of or cause a disturbance to the facility.
The bill amends the definition of “critical infrastructure facility” to include:
A water intake structure, water treatment facility, wastewater treatment plant, or pump station;
A liquid natural gas or propane gas terminal or storage facility, regardless of capacity;
A deepwater port or a railroad switching yard;
An airport;
A spaceport territory;
Certain military installations; and
A dam or other structures such as locks, floodgates, or dikes, which are designed to maintain or
control the level of navigable waterways.
The bill removes the requirement that a person or governmental entity seeking to restrict or limit the operation
of drones in close proximity to infrastructure or facilities must apply to the Federal Aviation Administration for
such designation under s. 2209 of the FAA Extension, Safety, and Security Act of 2016.
The bill removes the provision that a drone operating in transit for commercial purposes can operate over a
critical infrastructure facility.
The bill sunsets the definition of “critical infrastructure facility,” consistent with the sunset under current law of
criminal penalties, once a process pursuant to s. 2209 of the FAA Extension, Safety, and Security Act of 2016
becomes effective.
The bill has a likely insignificant fiscal impact on state and local governments and an indeterminate fiscal
impact on the private sector.
The bill has an effective date of July 1, 2023.
STORAGE NAME: h0645a.TMS PAGE: 2
DATE: 3/12/2023
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Under Florida law, a drone is a powered, aerial vehicle that:
Does not carry a human operator;
Uses aerodynamic forces to provide vehicle lift;
Can fly autonomously or be piloted remotely;
Can be expendable or recoverable; and
Can carry a lethal or nonlethal payload.
1
The full system comprised of a drone and its associated elements, including communication links and
the components that control the drone which are required for safe and efficient operation, is called an
unmanned aircraft system (UAS).
2
Federal Drone Regulation
The Federal Aviation Administration (FAA) regulates the use of navigable airspace to ensure the safety
of aircraft and the efficient use of airspace.
3
A pilot in control of a small unmanned aircraft system
4
must
comply with all of the following operating limitations when operating a small unmanned aircraft system:
The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per
hour);
The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground
level, unless the small unmanned aircraft is flown within a 400-foot radius of a structure;
The minimum flight visibility, as observed from the location of the control station must be no
less than 3 statute miles and must be seen at all times during the flight without any device
other than corrective lenses;
The minimum distance of the small unmanned aircraft from clouds must be no less than 500
feet below the cloud and 2,000 feet horizontally from the cloud.
5
A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned
aircraft system must physically possess a remote pilot certificate
6
with a small UAS rating and
identification when operating a small unmanned aircraft system.
7
Anyone flying pursuant to the small
unmanned aircraft systems regulations has to register each drone they intend to operate with the FAA
prior to operation.
8
In 2016, Congress enacted the FAA Extension, Safety, and Security Act (FAAESSA).
9
Section 2209
requires the FAA to establish defined boundaries protecting “critical infrastructure” from unauthorized
drones. Specifically, DOT shall establish procedures for applicants to petition the FAA to prohibit or
1
S. 934.50(2)(a), F.S.
2
S. 330.41(2)(c), F.S.
3
49 U.S.C. § 40103.
4
14 C.F.R § 107.3 defines a “small unmanned aircraft” as an unmanned aircraft weighing less than 55 pounds on takeoff,
including everything that is on board or otherwise attached to the aircraft.
5
14 C.F.R § 107.51.
6
A person must be at least 16 years old to qualify for a remote pilot certificate. To obtain the certificate you must either
pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center, or if you already have a Part 61
pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online
training course provided by the FAA.
7
14 C.F.R § 107.7.
8
Federal Aviation Administration FAADroneZone, https://faadronezone-access.faa.gov/#/ (last visited Feb. 28, 2023).
9
Pub. L. No. 114-190. STORAGE NAME: h0645a.TMS PAGE: 3
DATE: 3/12/2023
restrict the operation of drones in close proximity to a fixed site facility and the FAA shall publish these
designations on a public website.
10
A “fixed site facility” is considered to be:
Critical infrastructure, such as energy production, transmission, and distribution facilities and
equipment;
Oil refineries and chemical facilities;
Amusement parks; and
Other locations that warrant such restrictions.
11
To date, the FAA has not established the process by which entities may apply for a designation
prohibiting or restricting drone operations in close proximity to fixed site facilities such as critical
infrastructure facilities. Without the enactment of Section 2209, states have been enacting their own
legislation to protect and define critical infrastructure sites.
12
Recently, industry leaders and
stakeholders have urged the FAA to publish a proposed rule to bring clarity to the national airspace and
eliminate state inconsistencies for drone operation.
13
State Drone Regulation and Protection of Critical Infrastructure Facilities
In Florida, the authority to regulate the operation of unmanned aircraft systems is preempted to the
state. Political subdivisions may not enforce ordinances or resolutions impacting the design,
manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned
aircraft system.
14
However, political subdivisions may enact or enforce ordinances relating to
nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts
arising from the use of unmanned aircraft systems if such laws or ordinances are not specifically
related to the use of an unmanned aircraft system for those illegal acts.
15
Florida law specifies that a person or governmental entity must apply to the FAA to restrict the
operation of drones in close proximity to infrastructure or facilities that the person or government entity
owns, pursuant to s. 2209 of the FAAESSA
16
, even though this process does not yet exist.
17
The Unmanned Aircraft Systems Act in Florida law defines a “critical infrastructure facility” as any of the
following, if completely enclosed by a fence or other physical barrier, or if clearly marked with a sign or
signs that indicate entry is forbidden:
An electrical power generation or transmission facility, substation, switching station, or
electrical control center;
A chemical or rubber manufacturing or storage facility;
A mining facility;
A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline;
A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
gallons or more;
Any portion of an aboveground oil or gas pipeline;
A wireless communications facility, including the tower, antennae, support structures, and all
associated ground-based equipment;
A state correctional institution or a private correctional facility;
A secure detention center or facility, or a nonsecure residential facility, a high-risk residential
facility, or a maximum-risk residential facility; or
10
Id. at § 2209.
11
Id.
12
National Conference of State Legislators, Current Unmanned Aircraft State Law Landscape,
https://www.ncsl.org/transportation/current-unmanned-aircraft-state-law-landscape (last visited Feb. 28, 2023).
13
Commercial Drone Alliance, Letter to FAA on 2209 Rulemaking (July 11, 2021),
https://www.commercialdronealliance.org/letters-comments/letter-to-faa-on-2209-rulemaking (last visited Feb. 28, 2023).
14
S. 330.41(3)(b), F.S.
15
S. 330.41(3)(c), F.S.
16
S. 330.41(3)(d), F.S.
17
Supra. at notes 12 and 13. STORAGE NAME: h0645a.TMS PAGE: 4
DATE: 3/12/2023
A county detention facility.
18
Under this Act, in Florida, it is a crime to knowingly or willfully:
Operate a drone over a critical infrastructure facility;
Allow a drone to make contact with a critical infrastructure facility, including any person or
object on the premises of or within the facility; or
Allow a drone to come close enough to a critical infrastructure facility as to interfere with the
operations of or cause a disturbance to the facility.
19
A first-time violation is a second-degree misdemeanor, and a second or subsequent violation is a first-
degree misdemeanor.
20
According to the Florida Department of Law Enforcement’s Computerized
Criminal History database, there have been two recorded arrests for the unlawful operation of a drone
over, in contact with, or near a critical infrastructure facility.
21
The criminalization of drone operation in close proximity to critical infrastructure facilities sunsets 60
days after the FAA establishes the designation process directed under s.2209 of the FAAESSA.
22
Under a law unrelated to drones, Florida law defines a “critical infrastructure facility” in relation to
temporary detention by a licensed security officer or licensed security agency manager. In that statute,
the term “critical infrastructure facility” means any of the following:
A chemical manufacturing facility;
A refinery;
An electrical power plant, including a substation, switching station, electrical control center,
or electric transmission or distribution facility;
A water intake structure, water treatment facility, wastewater treatment plant, or pump
station;
A natural gas transmission compressor station;
A liquid natural gas terminal or storage facility;
A telecommunications central switching office;
A deepwater port or railroad switching yard; or
A gas processing plant, including a plant used in the processing, treatment, or fractionation
of natural gas.
23
Effect of Proposed Changes
The bill amends the definition of “critical infrastructure facility” to include:
A water intake structure, water treatment facility, wastewater treatment plant, or pump station;
A liquid natural gas or propane gas terminal or storage facility, regardless of capacity;
A deepwater port or a railroad switching yard;
An airport;
A spaceport territory;
Certain military installations; and
A dam or other structures such as locks, floodgates, or dikes, which are designed to maintain or
control the level of navigable waterways.
The bill exempts deepwater ports from the requirement that the facility be completely enclosed by a
fence or other physical barrier or have posted signage indicating that entry is forbidden.
18
S. 330.41(2)(a), F.S.
19
S. 330.41(4)(a), F.S.
20
S. 330.41(4)(b), F.S. A second-degree misdemeanor is punishable by up to 60 days in county jail and a $500 fine; a
first-degree misdemeanor is punishable by up to one year in county jail and a $1,000 fine. ss. 775.082 and 775.083, F.S.
21
Email from Bobbie Smith, Deputy Director of Legislative Affairs, Florida Department of Law Enforcement, RE: HB 645 -
Drone Operation Over Critical Infrastructure Facilities (Mar. 2, 2023).
22
S. 330.41(4)(e), F.S.
23
S. 493.631(1), F.S. STORAGE NAME: h0645a.TMS PAGE: 5
DATE: 3/12/2023
The bill removes the requirement that a person or governmental entity seeking to restrict or limit the
operation of drones in close proximity to infrastructure or facilities that the person or governmental
entity owns or operates must apply to the FAA for such designation under s. 2209 of the FAAESSA.
The bill removes the provision that a drone operating in transit for commercial purposes in compliance
with the FAA may operate over a critical infrastructure facility.
The bill amends the sunset provision in s. 330.41, F.S., to include the definition of critical infrastructure
facility. Therefore, once the FAA establishes the designation process under the FAAESSA to protect
fixed site facilities such as critical infrastructure facilities, the criminal provisions and the definition of
“critical infrastructure facility” in s. 330.41, F.S., will be repealed 60 days thereafter.
B. SECTION DIRECTORY:
Section 1 Amends s. 330.41, F.S., relating to Unmanned Aircraft Systems Act.
Section 2 Provides an effective date of July 1, 2023.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
Likely insignificant. There have been only two recorded arrests for the unlawful operation of a drone
over, in contact with, or near a critical infrastructure facility since the law was passed in 2017.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
Likely insignificant. There have been only two recorded arrests for the unlawful operation of a drone
over, in contact with, or near a critical infrastructure facility since the law was passed in 2017.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTO R:
Indeterminate.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
None.
2. Other:
None. STORAGE NAME: h0645a.TMS PAGE: 6
DATE: 3/12/2023
B. RULE-MAKING AUTHORITY:
None.
C. DRAFTING ISSUES OR OTHER COMMENTS:
None.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
On March 10, 2023, the Transportation & Modals Subcommittee considered one amendment, which was
adopted, and reported the bill favorably as a committee substitute. The committee substitute differs
from HB 645 in that it:
Expands the definition of “critical infrastructure facility”;
Removes a provision allowing drones in transit for commercial purposes to operate over a critical
infrastructure facility.
Sunsets the definition of “critical infrastructure facility” consistent with the sunset of criminal
penalties under current law.