Florida Senate - 2018 SB 624
By Senator Young
1 A bill to be entitled
2 An act relating to drones; amending s. 330.41, F.S.;
3 defining the term “fixed-site facility”; prohibiting a
4 person from knowingly or willingly operating a drone
5 over, allowing a drone to make contact with, allowing
6 a drone to come within a certain distance of, or using
7 a drone to introduce contraband into or within the
8 secure perimeter of a fixed-site facility; providing
9 criminal penalties; amending s. 934.50, F.S.;
10 authorizing the use of a drone if a law enforcement
11 agency possesses reasonable suspicion that, under
12 particular circumstances, swift action is needed to
13 facilitate the collection of evidence at a crime scene
14 or traffic crash scene; providing an effective date.
16 Be It Enacted by the Legislature of the State of Florida:
18 Section 1. Subsections (2) and (4) of section 330.41,
19 Florida Statutes, are amended to read:
20 330.41 Unmanned Aircraft Systems Act.—
21 (2) DEFINITIONS.—As used in this act, the term:
22 (a) “Critical infrastructure facility” means any of the
23 following, if completely enclosed by a fence or other physical
24 barrier that is obviously designed to exclude intruders, or if
25 clearly marked with a sign or signs which indicate that entry is
26 forbidden and which are posted on the property in a manner
27 reasonably likely to come to the attention of intruders:
28 1. An electrical power generation or transmission facility,
29 substation, switching station, or electrical control center.
30 2. A chemical or rubber manufacturing or storage facility.
31 3. A mining facility.
32 4. A natural gas or compressed gas compressor station,
33 storage facility, or natural gas or compressed gas pipeline.
34 5. A liquid natural gas or propane gas terminal or storage
35 facility with a capacity of 4,000 gallons or more.
36 6. Any portion of an aboveground oil or gas pipeline.
37 7. A wireless communications facility, including the tower,
38 antennae, support structures, and all associated ground-based
40 (b) “Drone” has the same meaning as s. 934.50(2).
41 (c) “Fixed-site facility” means any of the following, if
42 completely enclosed by a fence or other physical barrier that is
43 obviously designed to exclude intruders, or if clearly marked
44 with one or more signs that indicate that entry is forbidden and
45 that are posted on the property in a manner reasonably likely to
46 come to the attention of intruders:
47 1. A state correctional institution as defined in s.
49 2. A secure detention center or facility, a high-risk
50 residential facility, or a maximum-risk residential facility as
51 defined in s. 985.03.
52 3. A county detention facility as defined in s. 951.23.
(c) “Unmanned aircraft system” means a drone and its
54 associated elements, including communication links and the
55 components used to control the drone which are required for the
56 pilot in command to operate the drone safely and efficiently.
57 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
58 (a) A person may not knowingly or willfully:
59 1. Operate a drone over a critical infrastructure facility
60 or fixed-site facility;
61 2. Allow a drone to make contact with a critical
62 infrastructure facility or fixed-site facility, including any
63 person or object on the premises of or within the facility; or
64 3. Allow a drone to come within a distance of a critical
65 infrastructure facility or fixed-site facility which that is
66 close enough to interfere with the operations of or cause a
67 disturbance to the facility; or .
68 4. Use a drone to introduce contraband as defined in s.
69 944.47, s. 985.711, or s. 951.22 into a fixed-site facility, or
70 upon the grounds of or within the secured perimeter of the
71 fixed-site facility.
72 (b) A person who violates subparagraph (a)1., subparagraph
73 (a)2., or subparagraph (a)3. p aragraph (a) commits a misdemeanor
74 of the second degree, punishable as provided in s. 775.082 or s.
75 775.083. A person who commits a second or subsequent violation
76 of subparagraph (a)1., subparagraph (a)2., or subparagraph (a)3.
77 commits a misdemeanor of the first degree, punishable as
78 provided in s. 775.082 or s. 775.083. A person who violates
79 subparagraph (a)4. commits a felony of the second degree,
80 punishable as provided in s. 775.082 or s. 775.083.
81 (c) This subsection does not apply to actions identified in
82 paragraph (a) which are committed by:
83 1. A federal, state, or other governmental entity, or a
84 person under contract or otherwise acting under the direction of
85 a federal, state, or other governmental entity.
86 2. A law enforcement agency that is in compliance with s.
87 934.50, or a person under contract with or otherwise acting
88 under the direction of such law enforcement agency.
89 3. An owner, operator, or occupant of the critical
90 infrastructure facility, or a person who has prior written
91 consent of such owner, operator, or occupant.
92 (d) Subparagraph (a)1. does not apply to a drone operating
93 in transit for commercial purposes in compliance with Federal
94 Aviation Administration regulations, authorizations, or
96 (e) This subsection shall sunset 60 days after the date
97 that a process pursuant to s. 2209 of the FAA Extension, Safety
98 and Security Act of 2016 becomes effective.
99 Section 2. Paragraph (c) of subsection (4) of section
100 934.50, Florida Statutes, is amended to read:
101 934.50 Searches and seizure using a drone.—
102 (4) EXCEPTIONS.—This section does not prohibit the use of a
104 (c) If the law enforcement agency possesses reasonable
105 suspicion that, under particular circumstances, swift action is
106 needed to prevent imminent danger to life or serious damage to
107 property; , to forestall the imminent escape of a suspect or the
108 destruction of evidence; to facilitate the collection of
109 evidence at a crime scene or traffic crash scene; , or to achieve
110 purposes including, but not limited to, facilitating the search
111 for a missing person.
112 Section 3. This act shall take effect October 1, 2018.