ENROLLED
       2023 Legislature                    CS for CS for CS for SB 1068
       
       
       
       
       
       
                                                             20231068er
    1  
    2         An act relating to drone delivery services; amending
    3         s. 330.41, F.S.; defining terms; prohibiting a
    4         political subdivision from taking certain actions
    5         against a drone delivery service based on the location
    6         of its drone port; authorizing a political subdivision
    7         to enforce certain regulations relating to setback and
    8         landscaping; providing construction; amending s.
    9         553.73, F.S.; exempting drone ports from the Florida
   10         Building Code; amending s. 633.202, F.S.; defining the
   11         term “drone port”; exempting drone ports from certain
   12         provisions of the Florida Fire Prevention Code;
   13         providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Present paragraph (c) of subsection (2) and
   18  present paragraphs (c) and (d) of subsection (3) of section
   19  330.41, Florida Statutes, are redesignated as paragraph (e) of
   20  subsection (2) and paragraphs (d) and (e) of subsection (3),
   21  respectively, and new paragraphs (c) and (d) are added to
   22  subsection (2) and a new paragraph (c) is added to subsection
   23  (3) of that section, to read:
   24         330.41 Unmanned Aircraft Systems Act.—
   25         (2) DEFINITIONS.—As used in this act, the term:
   26         (c)“Drone delivery service” means a person or entity
   27  engaged in a business or profession of delivering goods via
   28  drone and who is governed by Title 14 of the Code of Federal
   29  Regulations.
   30         (d)“Drone port” means a stand-alone building that does not
   31  exceed 1,500 square feet in area or 36 feet in height; is
   32  located in a nonresidential area; is used or intended for use by
   33  a drone delivery service for the storage, launch, landing, and
   34  observation of drones; was constructed using Type I or Type II
   35  construction as described in the Florida Building Code; and, if
   36  greater than one story in height, includes at least one
   37  stairwell that is compliant with the Florida Building Code.
   38         (3) REGULATION.—
   39         (c)Except as otherwise expressly provided, a political
   40  subdivision may not withhold issuance of a business tax receipt,
   41  development permit, or other use approval to a drone delivery
   42  service or enact or enforce an ordinance or resolution that
   43  prohibits a drone delivery service’s operation based on the
   44  location of its drone port, notwithstanding part II of chapter
   45  163 and chapter 205. A political subdivision may enforce minimum
   46  setback and landscaping regulations that are generally
   47  applicable to permitted uses in the drone port site’s zoning
   48  district. This paragraph may not be construed to authorize a
   49  political subdivision to require additional landscaping as a
   50  condition of approval of a drone port.
   51         Section 2. Paragraph (l) is added to subsection (10) of
   52  section 553.73, Florida Statutes, to read:
   53         553.73 Florida Building Code.—
   54         (10) The following buildings, structures, and facilities
   55  are exempt from the Florida Building Code as provided by law,
   56  and any further exemptions shall be as determined by the
   57  Legislature and provided by law:
   58         (l)A drone port as defined in s. 330.41(2).
   59  
   60  With the exception of paragraphs (a), (b), (c), and (f), in
   61  order to preserve the health, safety, and welfare of the public,
   62  the Florida Building Commission may, by rule adopted pursuant to
   63  chapter 120, provide for exceptions to the broad categories of
   64  buildings exempted in this section, including exceptions for
   65  application of specific sections of the code or standards
   66  adopted therein. The Department of Agriculture and Consumer
   67  Services shall have exclusive authority to adopt by rule,
   68  pursuant to chapter 120, exceptions to nonresidential farm
   69  buildings exempted in paragraph (c) when reasonably necessary to
   70  preserve public health, safety, and welfare. The exceptions must
   71  be based upon specific criteria, such as under-roof floor area,
   72  aggregate electrical service capacity, HVAC system capacity, or
   73  other building requirements. Further, the commission may
   74  recommend to the Legislature additional categories of buildings,
   75  structures, or facilities which should be exempted from the
   76  Florida Building Code, to be provided by law. The Florida
   77  Building Code does not apply to temporary housing provided by
   78  the Department of Corrections to any prisoner in the state
   79  correctional system.
   80         Section 3. Paragraphs (a) and (b) of subsection (16) of
   81  section 633.202, Florida Statutes, are amended to read:
   82         633.202 Florida Fire Prevention Code.—
   83         (16)(a) As used in this subsection, the term:
   84         1. “Agricultural pole barn” means a nonresidential farm
   85  building in which 70 percent or more of the perimeter walls are
   86  permanently open and allow free ingress and egress.
   87         2.“Drone port” has the same meaning as provided in s.
   88  330.41(2).
   89         3.2. “Nonresidential farm building” has the same meaning as
   90  provided in s. 604.50.
   91         (b) Notwithstanding any other provision of law:
   92         1. A nonresidential farm building in which the occupancy is
   93  limited by the property owner to no more than 35 persons is
   94  exempt from the Florida Fire Prevention Code, including the
   95  national codes and Life Safety Code incorporated by reference.
   96         2. An agricultural pole barn is exempt from the Florida
   97  Fire Prevention Code, including the national codes and the Life
   98  Safety Code incorporated by reference.
   99         3. Except for an agricultural pole barn, a structure on a
  100  farm, as defined in s. 823.14(3)(c), which is used by an owner
  101  for agritourism activity, as defined in s. 570.86, for which the
  102  owner receives consideration must be classified in one of the
  103  following classes:
  104         a. Class 1: A nonresidential farm building that is used by
  105  the owner 12 or fewer times per year for agritourism activity
  106  with up to 100 persons occupying the structure at one time. A
  107  structure in this class is subject to annual inspection for
  108  classification by the local authority having jurisdiction. This
  109  class is not subject to the Florida Fire Prevention Code but is
  110  subject to rules adopted by the State Fire Marshal pursuant to
  111  this section.
  112         b. Class 2: A nonresidential farm building that is used by
  113  the owner for agritourism activity with up to 300 persons
  114  occupying the structure at one time. A structure in this class
  115  is subject to annual inspection for classification by the local
  116  authority having jurisdiction. This class is not subject to the
  117  Florida Fire Prevention Code but is subject to rules adopted by
  118  the State Fire Marshal pursuant to this section.
  119         c. Class 3: A structure or facility that is used primarily
  120  for housing, sheltering, or otherwise accommodating members of
  121  the general public. A structure or facility in this class is
  122  subject to annual inspection for classification by the local
  123  authority having jurisdiction. This class is subject to the
  124  Florida Fire Prevention Code.
  125         4.A drone port is exempt from provisions of the Florida
  126  Fire Prevention Code, including national codes and the Life
  127  Safety Code incorporated by reference, concerning fire
  128  protection systems as defined in s. 633.102.
  129         Section 4. This act shall take effect July 1, 2023.