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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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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
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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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
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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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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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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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