Florida Senate - 2019 CS for SB 132 By the Committee on Criminal Justice; and Senator Rouson 591-02308-19 2019132c1 1 A bill to be entitled 2 An act relating to drones; amending s. 934.50, F.S.; 3 defining the terms “dangerous or deadly weapon” and 4 “large-scale event”; authorizing the use of a drone by 5 a law enforcement agency to prepare for or monitor 6 safety and security at a large-scale event; 7 prohibiting a law enforcement agency using a drone in 8 an authorized manner from equipping it with specified 9 attachments or using it to fire projectiles; 10 reenacting s. 330.41(4), F.S., relating to the 11 Unmanned Aircraft Systems Act, to incorporate the 12 amendment made to s. 934.50, F.S., in a reference 13 thereto; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Present paragraphs (a), (b), (c), (d), and (e) 18 of subsection (2) of section 934.50, Florida Statutes, are 19 redesignated as paragraphs (b), (c), (d), (f), and (g), 20 respectively, and new paragraphs (a) and (e) are added to that 21 subsection, paragraph (a) of subsection (3) of that section is 22 amended, present paragraphs (d) through (j) of subsection (4) of 23 that section are redesignated as paragraphs (e) through (k), 24 respectively, and a new paragraph (d) is added to that 25 subsection, to read: 26 934.50 Searches and seizure using a drone.— 27 (2) DEFINITIONS.—As used in this act, the term: 28 (a) “Dangerous or deadly weapon” means a firearm or other 29 weapon, device, instrument, material, or substance, whether 30 animate or inanimate, which is used or is intended to be used in 31 a manner capable of causing death or serious bodily injury. 32 (e) “Large-scale event” means a public or private event 33 attended by more than 100 persons at a sports or entertainment 34 arena, a stadium, a convention hall, a special event center, an 35 amusement facility, an outdoor concert venue, a special event 36 area licensed or permitted for use under the authority of a unit 37 of local government, or an event open to the public that takes 38 place on a public way or on government-owned property. 39 (3) PROHIBITED USE OF DRONES.— 40 (a) A law enforcement agency may not use a drone to gather 41 evidence or other information, except as provided in subsection 42 (4). 43 (4) EXCEPTIONS.—This section does not prohibit the use of a 44 drone: 45 (d) If a law enforcement agency uses a drone to prepare for 46 or monitor safety and security at a large-scale event and the 47 drone use is limited to legitimate public safety purposes, 48 including, but not limited to, evaluating crowd size, density, 49 or movement; assessing public safety vulnerabilities or 50 weaknesses; determining appropriate staffing levels for law 51 enforcement or other public safety personnel; or identifying 52 possible criminal activity. If a law enforcement agency is using 53 a drone under this paragraph, the agency may not fire a 54 projectile from the drone or equip the drone with tear gas 55 canisters, stun gun technology, or any other dangerous or deadly 56 weapon. 57 Section 2. For the purpose of incorporating the amendment 58 made by this act to section 934.50, Florida Statutes, in a 59 reference thereto, subsection (4) of section 330.41, Florida 60 Statutes, is reenacted to read: 61 330.41 Unmanned Aircraft Systems Act.— 62 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 63 (a) A person may not knowingly or willfully: 64 1. Operate a drone over a critical infrastructure facility; 65 2. Allow a drone to make contact with a critical 66 infrastructure facility, including any person or object on the 67 premises of or within the facility; or 68 3. Allow a drone to come within a distance of a critical 69 infrastructure facility that is close enough to interfere with 70 the operations of or cause a disturbance to the facility. 71 (b) A person who violates paragraph (a) commits a 72 misdemeanor of the second degree, punishable as provided in s. 73 775.082 or s. 775.083. A person who commits a second or 74 subsequent violation commits a misdemeanor of the first degree, 75 punishable as provided in s. 775.082 or s. 775.083. 76 (c) This subsection does not apply to actions identified in 77 paragraph (a) which are committed by: 78 1. A federal, state, or other governmental entity, or a 79 person under contract or otherwise acting under the direction of 80 a federal, state, or other governmental entity. 81 2. A law enforcement agency that is in compliance with s. 82 934.50, or a person under contract with or otherwise acting 83 under the direction of such law enforcement agency. 84 3. An owner, operator, or occupant of the critical 85 infrastructure facility, or a person who has prior written 86 consent of such owner, operator, or occupant. 87 (d) Subparagraph (a)1. does not apply to a drone operating 88 in transit for commercial purposes in compliance with Federal 89 Aviation Administration regulations, authorizations, or 90 exemptions. 91 (e) This subsection shall sunset 60 days after the date 92 that a process pursuant to s. 2209 of the FAA Extension, Safety 93 and Security Act of 2016 becomes effective. 94 Section 3. This act shall take effect July 1, 2019.