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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; authorizing a political subdivision 6
to enforce certain regulations relating to setback and 7
landscaping; providing construction; amending s. 8
553.73, F.S.; exempting drone ports from t he Florida 9
Building Code; amending s. 633.202, F.S.; defining the 10
term "drone port"; exempting drone ports from certain 11
provisions of the Florida Fire Prevention Code; 12
providing an effective date. 13
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Be It Enacted by the Legislature of the State of Flori da: 15
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Section 1. Paragraph (c) of subsection (2) of section 17
330.41, Florida Statutes, is redesignated as paragraph (e), new 18
paragraphs (c) and (d) are added to that subsection, paragraphs 19
(c) and (d) of subsection (3) are redesignated as paragraphs (d) 20
and (e), respectively, and a new paragraph (c) is added to that 21
subsection, to read: 22
330.41 Unmanned Aircraft Systems Act. — 23
(2) DEFINITIONS.—As used in this act, the term: 24
(c) "Drone delivery service" means a person or entity 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
engaged in a business or profession of delivering goods via 26
drone and who is governed by Title 14 of the Code of Federal 27
Regulations. 28
(d) "Drone port" means a stand -alone building that does 29
not exceed 1,500 square feet in area or 36 feet in height; is 30
located in a nonresidentia l area; is used or intended for use by 31
a drone delivery service for the storage, launch, landing, and 32
observation of drones; was constructed using Type I or Type II 33
construction as described in the Florida Building Code; and, if 34
greater than one story in h eight, includes at least one 35
stairwell that is compliant with the Florida Building Code. 36
(3) REGULATION.— 37
(c) Except as otherwise expressly provided, a political 38
subdivision may not withhold issuance of a business tax receipt, 39
development permit, or ot her use approval to a drone delivery 40
service or enact or enforce an ordinance or resolution that 41
prohibits a drone delivery service's operation based on the 42
location of its drone port, notwithstanding part II of chapter 43
163 and chapter 205. A political sub division may enforce minimum 44
setback and landscaping regulations that are generally 45
applicable to permitted uses in the drone port site's zoning 46
district. This paragraph does not authorize a political 47
subdivision to require additional landscaping as a cond ition of 48
approval of a drone port. 49
Section 2. Paragraph (l) is added to subsection (10) of 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
section 553.73, Florida Statutes, to read: 51
553.73 Florida Building Code. — 52
(10) The following buildings, structures, and facilities 53
are exempt from the Florid a Building Code as provided by law, 54
and any further exemptions shall be as determined by the 55
Legislature and provided by law: 56
(l) A drone port as defined in s. 330.41(2). 57
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With the exception of paragraphs (a), (b), (c), and (f), in 59
order to preserve the health, safety, and welfare of the public, 60
the Florida Building Commission may, by rule adopted pursuant to 61
chapter 120, provide for exceptions to the broad categories of 62
buildings exempted in this section, including exceptions for 63
application of specific sections of the code or standards 64
adopted therein. The Department of Agriculture and Consumer 65
Services shall have exclusive authority to adopt by rule, 66
pursuant to chapter 120, exceptions to nonresidential farm 67
buildings exempted in p aragraph (c) when reasonably necessary to 68
preserve public health, safety, and welfare. The exceptions must 69
be based upon specific criteria, such as under -roof floor area, 70
aggregate electrical service capacity, HVAC system capacity, or 71
other building requir ements. Further, the commission may 72
recommend to the Legislature additional categories of buildings, 73
structures, or facilities which should be exempted from the 74
Florida Building Code, to be provided by law. The Florida 75
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Building Code does not apply to tempo rary housing provided by 76
the Department of Corrections to any prisoner in the state 77
correctional system. 78
Section 3. Paragraphs (a) and (b) of subsection (16) of 79
section 633.202, Florida Statutes, are amended to read: 80
633.202 Florida Fire Prevention C ode.— 81
(16)(a) As used in this subsection, the term: 82
1. "Agricultural pole barn" means a nonresidential farm 83
building in which 70 percent or more of the perimeter walls are 84
permanently open and allow free ingress and egress. 85
2. "Drone port" has the sa me meaning as provided in s. 86
330.41(2). 87
3.2. "Nonresidential farm building" has the same meaning 88
as provided in s. 604.50. 89
(b) Notwithstanding any other provision of law: 90
1. A nonresidential farm building in which the occupancy 91
is limited by the prop erty owner to no more than 35 persons is 92
exempt from the Florida Fire Prevention Code, including the 93
national codes and Life Safety Code incorporated by reference. 94
2. An agricultural pole barn is exempt from the Florida 95
Fire Prevention Code, including th e national codes and the Life 96
Safety Code incorporated by reference. 97
3. Except for an agricultural pole barn, a structure on a 98
farm, as defined in s. 823.14(3)(c), which is used by an owner 99
for agritourism activity, as defined in s. 570.86, for which the 100
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owner receives consideration must be classified in one of the 101
following classes: 102
a. Class 1: A nonresidential farm building that is used by 103
the owner 12 or fewer times per year for agritourism activity 104
with up to 100 persons occupying the structure at o ne time. A 105
structure in this class is subject to annual inspection for 106
classification by the local authority having jurisdiction. This 107
class is not subject to the Florida Fire Prevention Code but is 108
subject to rules adopted by the State Fire Marshal pursua nt to 109
this section. 110
b. Class 2: A nonresidential farm building that is used by 111
the owner for agritourism activity with up to 300 persons 112
occupying the structure at one time. A structure in this class 113
is subject to annual inspection for classification by the local 114
authority having jurisdiction. This class is not subject to the 115
Florida Fire Prevention Code but is subject to rules adopted by 116
the State Fire Marshal pursuant to this section. 117
c. Class 3: A structure or facility that is used primarily 118
for housing, sheltering, or otherwise accommodating members of 119
the general public. A structure or facility in this class is 120
subject to annual inspection for classification by the local 121
authority having jurisdiction. This class is subject to the 122
Florida Fire Prevention Code. 123
4. A drone port is exempt from provisions of the Florida 124
Fire Prevention Code, including national codes and the Life 125
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Safety Code incorporated by reference, concerning fire 126
protection systems as defined in s. 633.102. 127
Section 4. This act sh all take effect July 1, 2023. 128