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.