FL
Florida House Bill H1121

Florida 2025 Regular Session

Florida House Bill H1121 Compare Versions

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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
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1414 A bill to be entitled 1
1515 An act relating to unmanned aircraft and unmanned 2
1616 aircraft systems; amending s. 330.41, F.S.; revising 3
1717 the definition of the term "critical infrastructure 4
1818 facility"; providing an exception to the prohibition 5
1919 on operating a drone over a critical infrastructure 6
2020 facility; increasing the criminal penalty for certain 7
2121 prohibited actions relating to drones; amending s. 8
22-330.411, F.S.; defining the terms " unmanned aircraft" 9
23-and "unmanned aircraft system"; prohibiting certain 10
24-actions relating to unmanned aircraft or unmanned 11
25-aircraft systems; providing an exception; providing 12
26-criminal penalties; amending s. 934.50, F.S.; revising 13
27-and providing exceptions to certain pro hibited actions 14
28-relating to drones; providing criminal penalties; 15
29-providing applicability; providing an effective date. 16
30- 17
31-Be It Enacted by the Legislature of the State of Florida: 18
32- 19
33- Section 1. Paragraph (a) of subsection (2) and paragraphs 20
34-(a) and (b) of subsection (4) of section 330.41, Florida 21
35-Statutes, are amended to read: 22
36- 330.41 Unmanned Aircraft Systems Act. — 23
37- (2) DEFINITIONS.—As used in this act, the term: 24
38- (a) "Critical infrastructure facility" means any of the 25
22+330.411, F.S.; prohibiting certain actions rel ating to 9
23+unmanned aircraft or unmanned aircraft systems; 10
24+providing exceptions; providing criminal penalties; 11
25+amending s. 934.50, F.S.; revising and providing 12
26+exceptions to certain prohibited actions relating to 13
27+drones; providing criminal penalties; providi ng 14
28+applicability; providing an effective date. 15
29+ 16
30+Be It Enacted by the Legislature of the State of Florida: 17
31+ 18
32+ Section 1. Paragraph (a) of subsection (2) and paragraphs 19
33+(a) and (b) of subsection (4) of section 330.41, Florida 20
34+Statutes, are amended to r ead: 21
35+ 330.41 Unmanned Aircraft Systems Act. — 22
36+ (2) DEFINITIONS.—As used in this act, the term: 23
37+ (a) "Critical infrastructure facility" means any of the 24
38+following, if completely enclosed by a fence or other physical 25
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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
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51-following, if completely encl osed by a fence or other physical 26
52-barrier that is obviously designed to exclude intruders, or if 27
53-clearly marked with a sign or signs which indicate that entry is 28
54-forbidden and which are posted on the property in a manner 29
55-reasonably likely to come to the at tention of intruders: 30
56- 1. A power generation or transmission facility, 31
57-substation, switching station, or electrical control center. 32
58- 2. A chemical or rubber manufacturing or storage facility. 33
59- 3. A water intake structure, water treatment facility, 34
60-wastewater treatment plant, or pump station. 35
61- 4. A mining facility. 36
62- 5. A natural gas or compressed gas compressor station, 37
63-storage facility, or natural gas or compressed gas pipeline. 38
64- 6. A liquid natural gas or propane gas terminal or storage 39
65-facility. 40
66- 7. Any portion of an aboveground oil or gas pipeline. 41
67- 8. A refinery. 42
68- 9. A gas processing plant, including a plant used in the 43
69-processing, treatment, or fractionation of natural gas. 44
70- 10. A wireless or wired communications facility, including 45
71-the tower, antennas antennae, support structures, and all 46
72-associated ground-based equipment. 47
73- 11. A seaport as listed in s. 311.09(1), which need not be 48
74-completely enclosed by a fence or other physical barrier and 49
75-need not be marked with a sign or signs indicating that entry is 50
51+barrier that is obviously designed to e xclude intruders, or if 26
52+clearly marked with a sign or signs which indicate that entry is 27
53+forbidden and which are posted on the property in a manner 28
54+reasonably likely to come to the attention of intruders: 29
55+ 1. A power generation or transmission facility, 30
56+substation, switching station, or electrical control center. 31
57+ 2. A chemical or rubber manufacturing or storage facility. 32
58+ 3. A water intake structure, water treatment facility, 33
59+wastewater treatment plant, or pump station. 34
60+ 4. A mining facility. 35
61+ 5. A natural gas or compressed gas compressor station, 36
62+storage facility, or natural gas or compressed gas pipeline. 37
63+ 6. A liquid natural gas or propane gas terminal or storage 38
64+facility. 39
65+ 7. Any portion of an aboveground oil or gas pipeline. 40
66+ 8. A refinery. 41
67+ 9. A gas processing plant, including a plant used in the 42
68+processing, treatment, or fractionation of natural gas. 43
69+ 10. A wireless or wired communications facility, including 44
70+the tower, antennas antennae, support structures, and all 45
71+associated ground-based equipment. 46
72+ 11. A seaport as listed in s. 311.09(1), which need not be 47
73+completely enclosed by a fence or other physical barrier and 48
74+need not be marked with a sign or signs indicating that entry is 49
75+forbidden. 50
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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
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88-forbidden. 51
89- 12. An inland port or other facility or group of 52
90-facilities serving as a point of intermodal transfer of freight 53
91-in a specific area physically separated from a seaport. 54
92- 13. An airport as defined in s. 330.27. 55
93- 14. A spaceport territory as defined in s. 331.303(19). 56
94- 15. A military installation as defined in 10 U.S.C. s. 57
95-2801(c)(4) and an armory as defined in s. 250.01. 58
96- 16. A dam as defined in s. 373.403(1) or other structures, 59
97-such as locks, floodgates, or dikes, which are designed to 60
98-maintain or control the level of navigable waterways. 61
99- 17. A state correctional institution as defined in s. 62
100-944.02 or a contractor -operated correctional facility authorized 63
101-under chapter 957. 64
102- 18. A secure detention center or facility as defined in s. 65
103-985.03, or a moderate -risk residential facility, a high -risk 66
104-residential facility, or a maximum -risk residential facility as 67
105-those terms are described in s. 985.03(44). 68
106- 19. A county detention facili ty as defined in s. 951.23. 69
107- 20. A critical infrastructure facility as defined in s. 70
108-692.201. 71
109- (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES. — 72
110- (a) A person may not knowingly or willfully: 73
111- 1. Operate a drone over a critical infrastructure 74
112-facility, unless the operation is for a commercial purpose and 75
88+ 12. An inland port or other facility or group of 51
89+facilities serving as a point of intermodal transfer of freight 52
90+in a specific area physically separated from a seaport. 53
91+ 13. An airport as defined in s. 330.27. 54
92+ 14. A spaceport territory as defined in s. 331.303(19). 55
93+ 15. A military installation as defined in 10 U.S.C. s. 56
94+2801(c)(4) and an armory as defined in s. 250.01. 57
95+ 16. A dam as defined in s. 373.403(1) or other structures, 58
96+such as locks, floodgates, or dikes, which are designed to 59
97+maintain or control the level of navigable waterways. 60
98+ 17. A state correctional institution as defined in s. 61
99+944.02 or a contractor -operated correctional facility authorized 62
100+under chapter 957. 63
101+ 18. A secure detention center or facility as defined in s. 64
102+985.03, or a moderate -risk residential facility, a high -risk 65
103+residential facility, or a maximum -risk residential facility as 66
104+those terms are described in s. 985.03(44). 67
105+ 19. A county detention facility as defined in s. 951.23. 68
106+ 20. A critical infrastructure facility as defined in s. 69
107+692.201. 70
108+ (4) PROTECTION OF CRI TICAL INFRASTRUCTURE FACILITIES. — 71
109+ (a) A person may not knowingly or willfully: 72
110+ 1. Operate a drone over a critical infrastructure 73
111+facility, unless the operation is for a commercial purpose and 74
112+is authorized by and in compliance with Federal Aviation 75
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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
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125-is authorized by and in compliance with Federal Aviation 76
126-Administration regulations ; 77
127- 2. Allow a drone to make contact with a critical 78
128-infrastructure facility, including any person or object on the 79
129-premises of or within the facility; or 80
130- 3. Allow a drone to come within a distance of a critical 81
131-infrastructure facility that is close enough to interfere with 82
132-the operations of or cause a disturbance to the facility. 83
133- (b) A person who violates paragrap h (a) commits a felony 84
134-of the third misdemeanor of the second degree, punishable as 85
135-provided in s. 775.082 , or s. 775.083, or s. 775.084. A person 86
136-who commits a second or subsequent violation commits a 87
137-misdemeanor of the first degree, punishable as provide d in s. 88
138-775.082 or s. 775.083. 89
139- Section 2. Section 330.411, Florida Statutes, is amended 90
140-to read: 91
141- 330.411 Prohibited possession , alteration, or operation of 92
142-unmanned aircraft or unmanned aircraft system .— 93
143- (1) As used in this section, the term: 94
144- (a) "Unmanned aircraft" has the same meaning as the term 95
145-"drone" in s. 934.50(2). 96
146- (b) "Unmanned aircraft system" has the same meaning as in 97
147-s. 330.41(2). 98
148- (2) A person may not knowingly or willfully possess or 99
149-operate an unmanned aircraft or unmanned aircr aft system as 100
125+Administration regulations ; 76
126+ 2. Allow a drone to make contact with a critical 77
127+infrastructure facility, including any person or object on the 78
128+premises of or within the facility; or 79
129+ 3. Allow a drone to come within a distance of a critical 80
130+infrastructure facility that is close enough to interfere with 81
131+the operations of or cause a disturbance to the facility. 82
132+ (b) A person who violates paragraph (a) commits a felony 83
133+of the third misdemeanor of the second degree, punishable as 84
134+provided in s. 775.082 , or s. 775.083, or s. 775.084. A person 85
135+who commits a second or subsequent violation commits a 86
136+misdemeanor of the first degree, punishable as provided in s. 87
137+775.082 or s. 775.083. 88
138+ Section 2. Section 330.411, Florida Statutes, is amended 89
139+to read: 90
140+ 330.411 Prohibited possession, alteration, or operation of 91
141+unmanned aircraft or unmanned aircraft system .— 92
142+ (1) A person may not knowingly or willfully possess or 93
143+operate an unmanned aircraft or unmanned aircraft system as 94
144+defined in s. 330.41(2) s. 330.41 with an attached weapon, 95
145+firearm, explosive, destructive device, or ammunition as defined 96
146+in s. 790.001. 97
147+ (2) A person may not knowingly or willfully alter, 98
148+manipulate, tamper with, or otherwise change an unmanned 99
149+aircraft or unmanned aircraft system's hardware or sof tware to 100
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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
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162-defined in s. 330.41 with an attached weapon, firearm, 101
163-explosive, destructive device, or ammunition as those terms are 102
164-defined in s. 790.001. 103
165- (3)(a) For the purposes of violating s. 330.41(4)(a), a 104
166-person may not knowingly or willfully: 105
167- 1. Alter, manipulate, tamper with, or otherwise change an 106
168-unmanned aircraft or unmanned aircraft system's hardware or 107
169-software to purposefully frustrate any tool, system, or 108
170-technology intended to satisfy the remote identification 109
171-requirements established b y the Federal Aviation Administration 110
172-as they relate to any unmanned aircraft or unmanned aircraft 111
173-system; or 112
174- 2. Possess or operate an unmanned aircraft or unmanned 113
175-aircraft system that has been altered, manipulated, tampered 114
176-with, or otherwise changed t o purposefully frustrate any tool, 115
177-system, or technology intended to satisfy the remote 116
178-identification requirements established by the Federal Aviation 117
179-Administration as they relate to any unmanned aircraft or 118
180-unmanned aircraft system. 119
181- (b) This subsection does not apply if a person is 120
182-authorized by the administrator of the Federal Aviation 121
183-Administration or the Secretary of Defense, or their respective 122
184-designees, to alter, possess, or operate such an altered 123
185-unmanned aircraft or unmanned aircraft system. 124
186- (4) A person who violates subsection (2) or subsection (3) 125
162+purposefully frustrate any tool, system, or technology intended 101
163+to satisfy the remote identification requirements established by 102
164+the Federal Aviation Administration as they relate to any 103
165+unmanned aircraft or unmanned aircraft systems in violation of 104
166+s. 330.41(4)(a), unless authorized by the administrator of the 105
167+Federal Aviation Administration or the Secretary of Defense, or 106
168+their respective designees. 107
169+ (3) A person may not knowingly or willfully possess or 108
170+operate an unmanned aircraft or unmanned aircraft system that 109
171+has been altered, manipulated, tampered with, or otherwise 110
172+changed to purposefully frustrate any tool, system, or 111
173+technology intended to satisfy the remote identification 112
174+requirements established by the Federal Aviation Administration 113
175+as they relate to any unmanned aircraft or unmanned aircraft 114
176+systems in violation of s. 330.41(4)(a), unless authorized by 115
177+the administrator of the Federal Aviation Administration or the 116
178+Secretary of Defense, or their respective designees. 117
179+ (4) A person who violates subsection (1), subsection (2), 118
180+or subsection (3) commits a felony of the third degree, 119
181+punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 120
182+ (5) A person who, without lawful authority, possesses or 121
183+operates an unmanned aircraft s ystem carrying a weapon of mass 122
184+destruction, a hoax weapon of mass destruction, a biological 123
185+agent, or a toxin, as those terms are defined in s. 790.166(1), 124
186+commits a felony of the first degree, punishable as provided in 125
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195195 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
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199-commits a felony of the third degree, punishable as provided in 126
200-s. 775.082, s. 775.083, or s. 775.084. 127
201- (5) A person who, without lawful authority, possesses or 128
202-operates an unmanned aircraft or unmanned aircraft system 129
203-carrying a weapon of mass destruction or a hoax weapon of mass 130
204-destruction, as those terms are defined in s. 790.166(1) (a) and 131
205-(b), respectively, commits a felony of the first degree, 132
206-punishable as provided in s. 775.082, s. 775.08 3, or s. 775.084. 133
207- Section 3. Paragraph (d) of subsection (4) of section 134
208-934.50, Florida Statutes, is amended, paragraph (r) is added to 135
209-that subsection, and subsection (8) is added to that section, to 136
210-read: 137
211- 934.50 Searches and seizure using a drone. — 138
212- (4) EXCEPTIONS.—This section does not prohibit the use of 139
213-a drone: 140
214- (d) To provide a law enforcement agency with an aerial 141
215-perspective of a crowd of 50 people or more or to provide or 142
216-maintain the public safety of such crowd , provided that: 143
217- 1. The law enforcement agency that uses the drone to 144
218-provide an aerial perspective of a crowd of 50 people or more 145
219-must have policies and procedures that include guidelines: 146
220- a. For the agency's use of a drone. 147
221- b. For the proper storage, retention, and release of any 148
222-images or video captured by the drone. 149
223- c. That address the personal safety and constitutional 150
199+s. 775.082, s. 775.083, or s. 775.0 84. 126
200+ Section 3. Paragraph (d) of subsection (4) of section 127
201+934.50, Florida Statutes, is amended, paragraph (r) is added to 128
202+that subsection, and subsection (8) is added to that section, to 129
203+read: 130
204+ 934.50 Searches and seizure using a drone. — 131
205+ (4) EXCEPTIONS.—This section does not prohibit the use of 132
206+a drone: 133
207+ (d) To provide a law enforcement agency with an aerial 134
208+perspective of a crowd of 50 people or more or to provide or 135
209+maintain the public safety of such crowd , provided that: 136
210+ 1. The law enforcement agency that uses the drone to 137
211+provide an aerial perspective of a crowd of 50 people or more 138
212+must have policies and procedures that include guidelines: 139
213+ a. For the agency's use of a drone. 140
214+ b. For the proper storage, retention, and release of any 141
215+images or video captured by the drone. 142
216+ c. That address the personal safety and constitutional 143
217+protections of the people being observed. 144
218+ 2. The head of the law enforcement agency using the drone 145
219+for this purpose must provide written authorization for such use 146
220+and must maintain a copy on file at the agency. 147
221+ (r) By a law enforcement agency in furtherance of 148
222+providing and maintaining the security of an elected official 149
223+pursuant to s. 943.68. 150
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232232 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
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236-protections of the people being observed. 151
237- 2. The head of the law enforcement agency using the drone 152
238-for this purpose must provide written authorizatio n for such use 153
239-and must maintain a copy on file at the agency. 154
240- (r) By a law enforcement agency in furtherance of 155
241-providing and maintaining the security of an elected official 156
242-pursuant to s. 943.68. 157
243- (8) CRIMINAL PENALTIES. — 158
244- (a) An individual who knowi ngly or willfully violates 159
245-paragraph (3)(b) commits a misdemeanor of the first degree, 160
246-punishable as provided in s. 775.082 or s. 775.083. 161
247- (b) An individual who knowingly or willfully violates 162
248-paragraph (3)(b) and intentionally distributes surveillance 163
249-obtained in violation of that paragraph commits a felony of the 164
250-third degree, punishable as provided in s. 775.082, s. 775.083, 165
251-or s. 775.084. 166
252- 167
253-This subsection does not apply to a state agency, political 168
254-subdivision, or law enforcement agency or to an offic er, 169
255-employee, or agent of such subdivision or agency who is acting 170
256-in the course and scope of his or her employment. 171
257- Section 4. This act shall take effect October 1, 2025. 172
236+ (8) CRIMINAL PENALTIES. — 151
237+ (a) An individual who knowingly or willful ly violates 152
238+paragraph (3)(b) commits a misdemeanor of the first degree, 153
239+punishable as provided in s. 775.082 or s. 775.083. 154
240+ (b) An individual who knowingly or willfully violates 155
241+paragraph (3)(b) and intentionally distributes surveillance 156
242+obtained in violation of that paragraph commits a felony of the 157
243+third degree, punishable as provided in s. 775.082, s. 775.083, 158
244+or s. 775.084. 159
245+ 160
246+This subsection does not apply to a state agency, political 161
247+subdivision, or law enforcement agency or to an officer, 162
248+employee, or agent of such subdivision or agency who is acting 163
249+in the course and scope of his or her employment. 164
250+ Section 4. This act shall take effect October 1, 2025. 165