Florida Senate - 2023 CS for CS for SB 1068 By the Committees on Community Affairs; and Commerce and Tourism; and Senators Collins and Boyd 578-02922-23 20231068c2 1 A bill to be entitled 2 An act relating to drones; amending s. 330.41, F.S.; 3 defining the terms “drone delivery service” and “drone 4 port”; prohibiting a political subdivision from taking 5 certain actions relating to drone delivery services; 6 amending s. 553.73, F.S.; exempting drone ports from 7 the Florida Building Code; amending s. 633.202, F.S.; 8 defining the term “drone port”; exempting drone ports 9 from the Florida Fire Prevention Code and other 10 specified codes incorporated by reference; providing 11 an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Present paragraph (c) of subsection (2) and 16 present paragraphs (c) and (d) of subsection (3) of section 17 330.41, Florida Statutes, are redesignated as paragraph (e) of 18 subsection (2) and paragraphs (d) and (e) of subsection (3), 19 respectively, and new paragraphs (c) and (d) are added to 20 subsection (2) and a new paragraph (c) is added to subsection 21 (3) of that section, 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 engaged in a 25 business or profession of delivering goods via drone and who is 26 governed by Title 14 of the Code of Federal Regulations. 27 (d) “Drone port” means a stand-alone building that does not 28 exceed 1,500 square feet in area or 36 feet in height; is 29 located in a nonresidential area; is used, or intended for use, 30 by a drone delivery service for the launch and landing of 31 drones; was constructed using Type I or Type II construction as 32 described in the Florida Building Code; and, if greater than one 33 story in height, includes at least one stairwell that may be 34 used for egress. 35 (3) REGULATION.— 36 (c) Except as otherwise expressly provided, and 37 notwithstanding part II of chapter 163 and chapter 205, a 38 political subdivision may not withhold issuance of a business 39 tax receipt or enact or enforce an ordinance or resolution that 40 prohibits a drone delivery service’s operation based on the 41 location of the delivery service’s drone port. 42 Section 2. Paragraph (l) is added to subsection (10) of 43 section 553.73, Florida Statutes, to read: 44 553.73 Florida Building Code.— 45 (10) The following buildings, structures, and facilities 46 are exempt from the Florida Building Code as provided by law, 47 and any further exemptions shall be as determined by the 48 Legislature and provided by law: 49 (l) A drone port as defined in s. 330.41(2). 50 51 With the exception of paragraphs (a), (b), (c), and (f), in 52 order to preserve the health, safety, and welfare of the public, 53 the Florida Building Commission may, by rule adopted pursuant to 54 chapter 120, provide for exceptions to the broad categories of 55 buildings exempted in this section, including exceptions for 56 application of specific sections of the code or standards 57 adopted therein. The Department of Agriculture and Consumer 58 Services shall have exclusive authority to adopt by rule, 59 pursuant to chapter 120, exceptions to nonresidential farm 60 buildings exempted in paragraph (c) when reasonably necessary to 61 preserve public health, safety, and welfare. The exceptions must 62 be based upon specific criteria, such as under-roof floor area, 63 aggregate electrical service capacity, HVAC system capacity, or 64 other building requirements. Further, the commission may 65 recommend to the Legislature additional categories of buildings, 66 structures, or facilities which should be exempted from the 67 Florida Building Code, to be provided by law. The Florida 68 Building Code does not apply to temporary housing provided by 69 the Department of Corrections to any prisoner in the state 70 correctional system. 71 Section 3. Paragraphs (a) and (b) of subsection (16) of 72 section 633.202, Florida Statutes, are amended to read: 73 633.202 Florida Fire Prevention Code.— 74 (16)(a) As used in this subsection, the term: 75 1. “Agricultural pole barn” means a nonresidential farm 76 building in which 70 percent or more of the perimeter walls are 77 permanently open and allow free ingress and egress. 78 2. “Drone port” has the same meaning as in s. 330.41(2). 79 3. “Nonresidential farm building” has the same meaning as 80 provided in s. 604.50. 81 (b) Notwithstanding any other provision of law: 82 1. A nonresidential farm building in which the occupancy is 83 limited by the property owner to no more than 35 persons is 84 exempt from the Florida Fire Prevention Code, including the 85 national codes and Life Safety Code incorporated by reference. 86 2. An agricultural pole barn is exempt from the Florida 87 Fire Prevention Code, including the national codes and the Life 88 Safety Code incorporated by reference. 89 3. Except for an agricultural pole barn, a structure on a 90 farm, as defined in s. 823.14(3)(c), which is used by an owner 91 for agritourism activity, as defined in s. 570.86, for which the 92 owner receives consideration must be classified in one of the 93 following classes: 94 a. Class 1: A nonresidential farm building that is used by 95 the owner 12 or fewer times per year for agritourism activity 96 with up to 100 persons occupying the structure at one time. A 97 structure in this class is subject to annual inspection for 98 classification by the local authority having jurisdiction. This 99 class is not subject to the Florida Fire Prevention Code but is 100 subject to rules adopted by the State Fire Marshal pursuant to 101 this section. 102 b. Class 2: A nonresidential farm building that is used by 103 the owner for agritourism activity with up to 300 persons 104 occupying the structure at one time. A structure in this class 105 is subject to annual inspection for classification by the local 106 authority having jurisdiction. This class is not subject to the 107 Florida Fire Prevention Code but is subject to rules adopted by 108 the State Fire Marshal pursuant to this section. 109 c. Class 3: A structure or facility that is used primarily 110 for housing, sheltering, or otherwise accommodating members of 111 the general public. A structure or facility in this class is 112 subject to annual inspection for classification by the local 113 authority having jurisdiction. This class is subject to the 114 Florida Fire Prevention Code. 115 4. A drone port is exempt from the Florida Fire Prevention 116 Code, including the national codes and the Life Safety Code 117 incorporated by reference. 118 Section 4. This act shall take effect July 1, 2023.