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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; amending 7
s. 633.202, F.S.; defining the term "drone port"; 8
exempting drone ports from the Florida Fire Prevention 9
Code; providing an effective date. 10
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Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (c) of subsection (2) of section 14
330.41, Florida Statutes, is redesignated as paragraph (e), new 15
paragraphs (c) and (d) are added to that subsection, paragraphs 16
(c) and (d) of subsection (3) are redesignated as paragraphs (d) 17
and (e), respectively, and a new paragraph (c) is added to that 18
subsection, to read: 19
330.41 Unmanned Aircraft Systems Act. — 20
(2) DEFINITIONS.—As used in this act, the term: 21
(c) "Drone delivery service" means a person or entity 22
engaged in a business or profession of delivering goods via 23
drone and who is governed by Title 14 of the Code of Federal 24
Regulations. 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
(d) "Drone port" means an area of nonr esidential land or 26
water which is used or intended for use by a drone delivery 27
service for the launch and landing of drones. 28
(3) REGULATION.— 29
(c) Except as otherwise expressly provided, a political 30
subdivision may not withhold issuance of a business ta x receipt 31
to a drone delivery service or enact or enforce an ordinance or 32
resolution that prohibits a drone delivery service's operation 33
based on the location of its drone port, notwithstanding part II 34
of chapter 163 and chapter 205. 35
Section 2. Paragraph (l) is added to subsection (10) of 36
section 553.73, Florida Statutes, to read: 37
553.73 Florida Building Code. — 38
(10) The following buildings, structures, and facilities 39
are exempt from the Florida Building Code as provided by law, 40
and any further exemp tions shall be as determined by the 41
Legislature and provided by law: 42
(l) A drone port as defined in s. 330.41(2). 43
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With the exception of paragraphs (a), (b), (c), and (f), in 45
order to preserve the health, safety, and welfare of the public, 46
the Florida Building Commission may, by rule adopted pursuant to 47
chapter 120, provide for exceptions to the broad categories of 48
buildings exempted in this section, including exceptions for 49
application of specific sections of the code or standards 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
adopted therein. The De partment of Agriculture and Consumer 51
Services shall have exclusive authority to adopt by rule, 52
pursuant to chapter 120, exceptions to nonresidential farm 53
buildings exempted in paragraph (c) when reasonably necessary to 54
preserve public health, safety, and w elfare. The exceptions must 55
be based upon specific criteria, such as under -roof floor area, 56
aggregate electrical service capacity, HVAC system capacity, or 57
other building requirements. Further, the commission may 58
recommend to the Legislature additional cat egories of buildings, 59
structures, or facilities which should be exempted from the 60
Florida Building Code, to be provided by law. The Florida 61
Building Code does not apply to temporary housing provided by 62
the Department of Corrections to any prisoner in the s tate 63
correctional system. 64
Section 3. Paragraphs (a) and (b) of subsection (16) of 65
section 633.202, Florida Statutes, are amended to read: 66
633.202 Florida Fire Prevention Code. — 67
(16)(a) As used in this subsection, the term: 68
1. "Agricultural pole barn" means a nonresidential farm 69
building in which 70 percent or more of the perimeter walls are 70
permanently open and allow free ingress and egress. 71
2. "Drone port" has the same meaning as provided in s. 72
330.41(2). 73
3.2. "Nonresidential farm building" has the same meaning 74
as provided in s. 604.50. 75
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(b) Notwithstanding any other provision of law: 76
1. A nonresidential farm building in which the occupancy 77
is limited by the property owner to no more than 35 persons is 78
exempt from the Florida Fire Preventi on Code, including the 79
national codes and Life Safety Code incorporated by reference. 80
2. An agricultural pole barn is exempt from the Florida 81
Fire Prevention Code, including the national codes and the Life 82
Safety Code incorporated by reference. 83
3. Except for an agricultural pole barn, a structure on a 84
farm, as defined in s. 823.14(3)(c), which is used by an owner 85
for agritourism activity, as defined in s. 570.86, for which the 86
owner receives consideration must be classified in one of the 87
following classes: 88
a. Class 1: A nonresidential farm building that is used by 89
the owner 12 or fewer times per year for agritourism activity 90
with up to 100 persons occupying the structure at one time. A 91
structure in this class is subject to annual inspection for 92
classification by the local authority having jurisdiction. This 93
class is not subject to the Florida Fire Prevention Code but is 94
subject to rules adopted by the State Fire Marshal pursuant to 95
this section. 96
b. Class 2: A nonresidential farm building that is used by 97
the owner for agritourism activity with up to 300 persons 98
occupying the structure at one time. A structure in this class 99
is subject to annual inspection for classification by the local 100
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authority having jurisdiction. This class is not subject to the 101
Florida Fire Prevention Code but is subject to rules adopted by 102
the State Fire Marshal pursuant to this section. 103
c. Class 3: A structure or facility that is used primarily 104
for housing, sheltering, or otherwise accommodating members of 105
the general public. A s tructure or facility in this class is 106
subject to annual inspection for classification by the local 107
authority having jurisdiction. This class is subject to the 108
Florida Fire Prevention Code. 109
4. A drone port is exempt from the Florida Fire Prevention 110
Code, including national codes and the Life Safety Code 111
incorporated by reference. 112
Section 4. This act shall take effect July 1, 2023. 113