FL
Florida House Bill H1071

Florida 2023 Regular Session

Florida House Bill H1071 Compare Versions

OldNewDifferences
11
22
3-CS/CS/CS/HB 1071 2023
3+CS/CS/HB 1071 2023
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1071-03-c3
9-Page 1 of 6
8+hb1071-02-c2
9+Page 1 of 5
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to drone delivery services; amending 2
1616 s. 330.41, F.S.; providing definitions; prohibiting a 3
1717 political subdivision from taking certain actions 4
1818 against a drone delivery service based on the location 5
19-of its drone port; authorizing a political subdivision 6
20-to enforce certain regulations relating to setback and 7
21-landscaping; providing construction; amending s. 8
22-553.73, F.S.; exempting drone ports from t he Florida 9
23-Building Code; amending s. 633.202, F.S.; defining the 10
24-term "drone port"; exempting drone ports from certain 11
25-provisions of the Florida Fire Prevention Code; 12
26-providing an effective date. 13
19+of its drone port; amending s. 553.73, F.S.; exempting 6
20+drone ports from the Florida Building Code; amending 7
21+s. 633.202, F.S.; defining the term "drone port"; 8
22+exempting drone ports from certain provisio ns of the 9
23+Florida Fire Prevention Code; providing an effective 10
24+date. 11
25+ 12
26+Be It Enacted by the Legislature of the State of Florida: 13
2727 14
28-Be It Enacted by the Legislature of the State of Flori da: 15
29- 16
30- Section 1. Paragraph (c) of subsection (2) of section 17
31-330.41, Florida Statutes, is redesignated as paragraph (e), new 18
32-paragraphs (c) and (d) are added to that subsection, paragraphs 19
33-(c) and (d) of subsection (3) are redesignated as paragraphs (d) 20
34-and (e), respectively, and a new paragraph (c) is added to that 21
35-subsection, to read: 22
36- 330.41 Unmanned Aircraft Systems Act. — 23
37- (2) DEFINITIONS.—As used in this act, the term: 24
38- (c) "Drone delivery service" means a person or entity 25
28+ Section 1. Paragraph (c) of subsection (2) of section 15
29+330.41, Florida Statutes, is redesignated as paragraph (e), new 16
30+paragraphs (c) and (d) are added to that subsection, paragraphs 17
31+(c) and (d) of subsection (3) are redesignated as paragraphs (d) 18
32+and (e), respectively, and a new paragraph (c) is added to that 19
33+subsection, to read: 20
34+ 330.41 Unmanned Aircraft Systems Act. — 21
35+ (2) DEFINITIONS.—As used in this act, the term: 22
36+ (c) "Drone delivery service" means a person or entity 23
37+engaged in a business or profession of delivering goods via 24
38+drone and who is governed by Title 14 of the Code of Federal 25
3939
40-CS/CS/CS/HB 1071 2023
40+CS/CS/HB 1071 2023
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1071-03-c3
46-Page 2 of 6
45+hb1071-02-c2
46+Page 2 of 5
4747 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
4848
4949
5050
51-engaged in a business or profession of delivering goods via 26
52-drone and who is governed by Title 14 of the Code of Federal 27
53-Regulations. 28
54- (d) "Drone port" means a stand -alone building that does 29
55-not exceed 1,500 square feet in area or 36 feet in height; is 30
56-located in a nonresidentia l area; is used or intended for use by 31
57-a drone delivery service for the storage, launch, landing, and 32
58-observation of drones; was constructed using Type I or Type II 33
59-construction as described in the Florida Building Code; and, if 34
60-greater than one story in h eight, includes at least one 35
61-stairwell that is compliant with the Florida Building Code. 36
62- (3) REGULATION.— 37
63- (c) Except as otherwise expressly provided, a political 38
64-subdivision may not withhold issuance of a business tax receipt, 39
65-development permit, or ot her use approval to a drone delivery 40
66-service or enact or enforce an ordinance or resolution that 41
67-prohibits a drone delivery service's operation based on the 42
68-location of its drone port, notwithstanding part II of chapter 43
69-163 and chapter 205. A political sub division may enforce minimum 44
70-setback and landscaping regulations that are generally 45
71-applicable to permitted uses in the drone port site's zoning 46
72-district. This paragraph does not authorize a political 47
73-subdivision to require additional landscaping as a cond ition of 48
74-approval of a drone port. 49
75- Section 2. Paragraph (l) is added to subsection (10) of 50
51+Regulations. 26
52+ (d) "Drone port" means a stand-alone building that does 27
53+not exceed 1,500 square feet in area or 36 feet in height; is 28
54+located in a nonresidential area; is used or intended for use by 29
55+a drone delivery service for the storage, launch, landing, and 30
56+observation of drones; was constructed using Type I or Type II 31
57+construction as described in the Florida Building Code; and 32
58+includes at least one stairwell that is compliant with the 33
59+Florida Building Code. 34
60+ (3) REGULATION.— 35
61+ (c) Except as otherwise expressly provided, a political 36
62+subdivision may not withhold issuance of a business tax receipt 37
63+to a drone delivery service or enact or enforce an ordinance or 38
64+resolution that prohibits a drone delivery service's operation 39
65+based on the location of its drone port, notwithstanding part II 40
66+of chapter 163 and chapter 205. 41
67+ Section 2. Paragraph (l) is added to subsection (10) of 42
68+section 553.73, Florida Statutes, to read: 43
69+ 553.73 Florida Building Code. — 44
70+ (10) The following buildings, structures, and facilities 45
71+are exempt from the Florida B uilding Code as provided by law, 46
72+and any further exemptions shall be as determined by the 47
73+Legislature and provided by law: 48
74+ (l) A drone port as defined in s. 330.41(2). 49
75+ 50
7676
77-CS/CS/CS/HB 1071 2023
77+CS/CS/HB 1071 2023
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1071-03-c3
83-Page 3 of 6
82+hb1071-02-c2
83+Page 3 of 5
8484 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
8585
8686
8787
88-section 553.73, Florida Statutes, to read: 51
89- 553.73 Florida Building Code. — 52
90- (10) The following buildings, structures, and facilities 53
91-are exempt from the Florid a Building Code as provided by law, 54
92-and any further exemptions shall be as determined by the 55
93-Legislature and provided by law: 56
94- (l) A drone port as defined in s. 330.41(2). 57
95- 58
96-With the exception of paragraphs (a), (b), (c), and (f), in 59
97-order to preserve the health, safety, and welfare of the public, 60
98-the Florida Building Commission may, by rule adopted pursuant to 61
99-chapter 120, provide for exceptions to the broad categories of 62
100-buildings exempted in this section, including exceptions for 63
101-application of specific sections of the code or standards 64
102-adopted therein. The Department of Agriculture and Consumer 65
103-Services shall have exclusive authority to adopt by rule, 66
104-pursuant to chapter 120, exceptions to nonresidential farm 67
105-buildings exempted in p aragraph (c) when reasonably necessary to 68
106-preserve public health, safety, and welfare. The exceptions must 69
107-be based upon specific criteria, such as under -roof floor area, 70
108-aggregate electrical service capacity, HVAC system capacity, or 71
109-other building requir ements. Further, the commission may 72
110-recommend to the Legislature additional categories of buildings, 73
111-structures, or facilities which should be exempted from the 74
112-Florida Building Code, to be provided by law. The Florida 75
88+With the exception of paragraphs (a), (b), (c), and (f), in 51
89+order to preserve the health, safety, and welfare of the public, 52
90+the Florida Building Commission may, by rule adopted pursuant to 53
91+chapter 120, provide for exceptions to the broad categories of 54
92+buildings exempted in this section, including exceptions for 55
93+application of specific sections of the code or standards 56
94+adopted therein. The Department of Agriculture and Consumer 57
95+Services shall have exclusive authority to adopt by rule, 58
96+pursuant to chapter 120, exceptions to nonresidential farm 59
97+buildings exempted in paragraph (c) when reas onably necessary to 60
98+preserve public health, safety, and welfare. The exceptions must 61
99+be based upon specific criteria, such as under -roof floor area, 62
100+aggregate electrical service capacity, HVAC system capacity, or 63
101+other building requirements. Further, the c ommission may 64
102+recommend to the Legislature additional categories of buildings, 65
103+structures, or facilities which should be exempted from the 66
104+Florida Building Code, to be provided by law. The Florida 67
105+Building Code does not apply to temporary housing provided by 68
106+the Department of Corrections to any prisoner in the state 69
107+correctional system. 70
108+ Section 3. Paragraphs (a) and (b) of subsection (16) of 71
109+section 633.202, Florida Statutes, are amended to read: 72
110+ 633.202 Florida Fire Prevention Code. — 73
111+ (16)(a) As used in this subsection, the term: 74
112+ 1. "Agricultural pole barn" means a nonresidential farm 75
113113
114-CS/CS/CS/HB 1071 2023
114+CS/CS/HB 1071 2023
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1071-03-c3
120-Page 4 of 6
119+hb1071-02-c2
120+Page 4 of 5
121121 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
122122
123123
124124
125-Building Code does not apply to tempo rary housing provided by 76
126-the Department of Corrections to any prisoner in the state 77
127-correctional system. 78
128- Section 3. Paragraphs (a) and (b) of subsection (16) of 79
129-section 633.202, Florida Statutes, are amended to read: 80
130- 633.202 Florida Fire Prevention C ode.— 81
131- (16)(a) As used in this subsection, the term: 82
132- 1. "Agricultural pole barn" means a nonresidential farm 83
133-building in which 70 percent or more of the perimeter walls are 84
134-permanently open and allow free ingress and egress. 85
135- 2. "Drone port" has the sa me meaning as provided in s. 86
136-330.41(2). 87
137- 3.2. "Nonresidential farm building" has the same meaning 88
138-as provided in s. 604.50. 89
139- (b) Notwithstanding any other provision of law: 90
140- 1. A nonresidential farm building in which the occupancy 91
141-is limited by the prop erty owner to no more than 35 persons is 92
142-exempt from the Florida Fire Prevention Code, including the 93
143-national codes and Life Safety Code incorporated by reference. 94
144- 2. An agricultural pole barn is exempt from the Florida 95
145-Fire Prevention Code, including th e national codes and the Life 96
146-Safety Code incorporated by reference. 97
147- 3. Except for an agricultural pole barn, a structure on a 98
148-farm, as defined in s. 823.14(3)(c), which is used by an owner 99
149-for agritourism activity, as defined in s. 570.86, for which the 100
125+building in which 70 percent or more of the perimeter walls are 76
126+permanently open and allow free ingress and egress. 77
127+ 2. "Drone port" has the same meaning as provided in s. 78
128+330.41(2). 79
129+ 3.2. "Nonresidential farm building" has the same meaning 80
130+as provided in s. 604.50. 81
131+ (b) Notwithstanding any other provision of law: 82
132+ 1. A nonresidential farm building in which the occupancy 83
133+is limited by the property owner to no more than 35 persons is 84
134+exempt from the Florida Fire Prevention Code, including the 85
135+national codes and Life Safety Code incorporated by reference. 86
136+ 2. An agricultural pole barn is exempt from the Florida 87
137+Fire Prevention Code, including the national codes and t he Life 88
138+Safety Code incorporated by reference. 89
139+ 3. Except for an agricultural pole barn, a structure on a 90
140+farm, as defined in s. 823.14(3)(c), which is used by an owner 91
141+for agritourism activity, as defined in s. 570.86, for which the 92
142+owner receives consid eration must be classified in one of the 93
143+following classes: 94
144+ a. Class 1: A nonresidential farm building that is used by 95
145+the owner 12 or fewer times per year for agritourism activity 96
146+with up to 100 persons occupying the structure at one time. A 97
147+structure in this class is subject to annual inspection for 98
148+classification by the local authority having jurisdiction. This 99
149+class is not subject to the Florida Fire Prevention Code but is 100
150150
151-CS/CS/CS/HB 1071 2023
151+CS/CS/HB 1071 2023
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1071-03-c3
157-Page 5 of 6
156+hb1071-02-c2
157+Page 5 of 5
158158 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
159159
160160
161161
162-owner receives consideration must be classified in one of the 101
163-following classes: 102
164- a. Class 1: A nonresidential farm building that is used by 103
165-the owner 12 or fewer times per year for agritourism activity 104
166-with up to 100 persons occupying the structure at o ne time. A 105
167-structure in this class is subject to annual inspection for 106
168-classification by the local authority having jurisdiction. This 107
169-class is not subject to the Florida Fire Prevention Code but is 108
170-subject to rules adopted by the State Fire Marshal pursua nt to 109
171-this section. 110
172- b. Class 2: A nonresidential farm building that is used by 111
173-the owner for agritourism activity with up to 300 persons 112
174-occupying the structure at one time. A structure in this class 113
175-is subject to annual inspection for classification by the local 114
176-authority having jurisdiction. This class is not subject to the 115
177-Florida Fire Prevention Code but is subject to rules adopted by 116
178-the State Fire Marshal pursuant to this section. 117
179- c. Class 3: A structure or facility that is used primarily 118
180-for housing, sheltering, or otherwise accommodating members of 119
181-the general public. A structure or facility in this class is 120
182-subject to annual inspection for classification by the local 121
183-authority having jurisdiction. This class is subject to the 122
184-Florida Fire Prevention Code. 123
185- 4. A drone port is exempt from provisions of the Florida 124
186-Fire Prevention Code, including national codes and the Life 125
187-
188-CS/CS/CS/HB 1071 2023
189-
190-
191-
192-CODING: Words stricken are deletions; words underlined are additions.
193-hb1071-03-c3
194-Page 6 of 6
195-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
196-
197-
198-
199-Safety Code incorporated by reference, concerning fire 126
200-protection systems as defined in s. 633.102. 127
201- Section 4. This act sh all take effect July 1, 2023. 128
162+subject to rules adopted by the State Fire Marshal pursuant to 101
163+this section. 102
164+ b. Class 2: A nonresidential farm building that is used by 103
165+the owner for agritourism activity with up to 300 persons 104
166+occupying the structure at one time. A structure in this class 105
167+is subject to annual inspection for classification by the local 106
168+authority having jurisdiction. This class is not subject to the 107
169+Florida Fire Prevention Code but is subject to rules adopted by 108
170+the State Fire Marshal pursuant to this section. 109
171+ c. Class 3: A structure or facility that is used primarily 110
172+for housing, sheltering, or ot herwise accommodating members of 111
173+the general public. A structure or facility in this class is 112
174+subject to annual inspection for classification by the local 113
175+authority having jurisdiction. This class is subject to the 114
176+Florida Fire Prevention Code. 115
177+ 4. A drone port is exempt from provisions of the Florida 116
178+Fire Prevention Code, including national codes and the Life 117
179+Safety Code incorporated by reference, concerning fire 118
180+protection systems as defined in s. 633.102. 119
181+ Section 4. This act shall take effect July 1, 2023. 120