Florida 2023 2023 Regular Session

Florida House Bill H1071 Introduced / Bill

Filed 02/23/2023

                       
 
HB 1071  	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 drone delivery services; amending 2 
s. 330.41, F.S.; providing definitions; prohibiting a 3 
political subdivision from taking certain actions 4 
against a drone delivery service based on the location 5 
of its drone port; amending s. 553.73, F.S.; exempting 6 
drone ports from the Florida Building Code; providing 7 
an effective date. 8 
 9 
Be It Enacted by the Legislature of the State of Florida: 10 
 11 
 Section 1.  Paragraph (c) of subsection (2) of section 12 
330.41, Florida Statutes, is redesignated as paragraph (e), new 13 
paragraphs (c) and (d) are added to that subsection, paragraphs 14 
(c) and (d) of subsection (3) are redesignated as paragraphs (d) 15 
and (e), respectively, and a new paragraph (c) is added to that 16 
subsection, to read: 17 
 330.41  Unmanned Aircraft Systems Act. — 18 
 (2)  DEFINITIONS.—As used in this act, the term: 19 
 (c)  "Drone delivery service" means a person or entity 20 
engaged in a business or profession of delivering goods via 21 
drone and who is governed by Title 14 of the Code of Federal 22 
Regulations. 23 
 (d)  "Drone port" means an area of nonresidential land or 24 
water which is used or intended for use by a drone delivery 25     
 
HB 1071  	2023 
 
 
 
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service for the launch and landing of dro nes. 26 
 (3)  REGULATION.— 27 
 (c)  Except as otherwise expressly provided, a political 28 
subdivision may not withhold issuance of a business tax receipt 29 
to a drone delivery service or enact or enforce an ordinance or 30 
resolution that prohibits a drone delivery ser vice's operation 31 
based on the location of its drone port, notwithstanding part II 32 
of chapter 163 and chapter 205. 33 
 Section 2.  Paragraph (l) is added to subsection (10) of 34 
section 553.73, Florida Statutes, to read: 35 
 553.73  Florida Building Code. — 36 
 (10)  The following buildings, structures, and facilities 37 
are exempt from the Florida Building Code as provided by law, 38 
and any further exemptions shall be as determined by the 39 
Legislature and provided by law: 40 
 (l)  A drone port as defined in s. 330.41(2). 41 
 42 
With the exception of paragraphs (a), (b), (c), and (f), in 43 
order to preserve the health, safety, and welfare of the public, 44 
the Florida Building Commission may, by rule adopted pursuant to 45 
chapter 120, provide for exceptions to the broad categories of 46 
buildings exempted in this section, including exceptions for 47 
application of specific sections of the code or standards 48 
adopted therein. The Department of Agriculture and Consumer 49 
Services shall have exclusive authority to adopt by rule, 50     
 
HB 1071  	2023 
 
 
 
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pursuant to chapter 120, exceptions to nonresidential farm 51 
buildings exempted in paragraph (c) when reasonably necessary to 52 
preserve public health, safety, and welfare. The exceptions must 53 
be based upon specific criteria, such as under -roof floor area, 54 
aggregate electrical service capacity, HVAC system capacity, or 55 
other building requirements. Further, the commission may 56 
recommend to the Legislature additional categories of buildings, 57 
structures, or facilities which should be exempted from the 58 
Florida Building Code, to be provided by law. The Florida 59 
Building Code does not apply to temporary housing provided by 60 
the Department of Corrections to any prisoner in the state 61 
correctional system. 62 
 Section 3.  This act shall take effect July 1, 2023. 63