Florida Senate - 2023                              CS for SB 908
       By the Committee on Transportation; and Senator Rodriguez
       596-02548-23                                           2023908c1
    1                        A bill to be entitled                      
    2         An act relating to the Unmanned Aircraft Systems Act;
    3         amending s. 330.41, F.S.; revising the definition of
    4         the term “critical infrastructure facility”; deleting
    5         a requirement that a person or governmental entity
    6         apply to the Federal Aviation Administration to
    7         restrict or limit the operation of drones in specified
    8         areas; deleting a provision allowing a drone operating
    9         in transit for commercial purposes to operate over a
   10         critical infrastructure facility under certain
   11         circumstances; providing for the future sunset of the
   12         definition of the term “critical infrastructure
   13         facility”; providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Paragraph (a) of subsection (2), paragraph (d)
   18  of subsection (3), and paragraphs (d) and (e) of subsection (4)
   19  of section 330.41, 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. A An electrical power generation or transmission
   29  facility, substation, switching station, or electrical control
   30  center.
   31         2. A chemical or rubber manufacturing or storage facility.
   32         3.A water intake structure, water treatment facility,
   33  wastewater treatment plant, or pump station.
   34         4.3. A mining facility.
   35         5.4. A natural gas or compressed gas compressor station,
   36  storage facility, or natural gas or compressed gas pipeline.
   37         6.5. A liquid natural gas or propane gas terminal or
   38  storage facility with a capacity of 4,000 gallons or more.
   39         7.6. Any portion of an aboveground oil or gas pipeline.
   40         8.7. A wireless communications facility, including the
   41  tower, antennae, support structures, and all associated ground
   42  based equipment.
   43         9.A deepwater port listed in s. 311.09(1) or a railroad
   44  switching yard. However, such deepwater port need not be
   45  completely enclosed by a fence or other physical barrier and
   46  need not be marked with a sign or signs indicating that entry is
   47  forbidden.
   48         10.An airport as defined in s. 330.27.
   49         11.A spaceport territory as defined in s. 331.303(18).
   50         12.A military installation listed in s. 163.3175(2).
   51         13.A dam as defined in s. 373.403(1) or other structures,
   52  such as locks, floodgates, or dikes, which are designed to
   53  maintain or control the level of navigable waterways.
   54         14.8. A state correctional institution as defined in s.
   55  944.02 or a private correctional facility authorized under
   56  chapter 957.
   57         15.9. A secure detention center or facility, as defined in
   58  s. 985.03, or a nonsecure residential facility, a high-risk
   59  residential facility, or a maximum-risk residential facility, as
   60  those terms are described in s. 985.03(44).
   61         16.10. A county detention facility, as defined in s.
   62  951.23.
   63         (3) REGULATION.—
   64         (d)A person or governmental entity seeking to restrict or
   65  limit the operation of drones in close proximity to
   66  infrastructure or facilities that the person or governmental
   67  entity owns or operates must apply to the Federal Aviation
   68  Administration for such designation pursuant to s. 2209 of the
   69  FAA Extension, Safety, and Security Act of 2016.
   71         (d) Subparagraph (a)1. does not apply to a drone operating
   72  in transit for commercial purposes in compliance with Federal
   73  Aviation Administration regulations, authorizations, or
   74  exemptions.
   75         (e) This subsection and paragraph (2)(a) shall sunset 60
   76  days after the date that a process pursuant to s. 2209 of the
   77  FAA Extension, Safety and Security Act of 2016 becomes
   78  effective.
   79         Section 2. This act shall take effect July 1, 2023.