Florida Senate - 2023 CS for CS for SB 908
By the Committees on Military and Veterans Affairs, Space, and
Domestic Security; and Transportation; and Senator Rodriguez
583-03302-23 2023908c2
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 effective dates.
14
15 Be It Enacted by the Legislature of the State of Florida:
16
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. A refinery.
41 9. A gas processing plant, including a plant used in the
42 processing, treatment, or fractionation of natural gas.
43 10.7. A wireless communications facility, including the
44 tower, antennae, support structures, and all associated ground
45 based equipment.
46 11. A seaport as listed in s. 311.09(1), which need not be
47 completely enclosed by a fence or other physical barrier and
48 need not be marked with a sign or signs indicating that entry is
49 forbidden.
50 12. An inland port or other facility or group of facilities
51 serving as a point of intermodal transfer of freight in a
52 specific area physically separated from a seaport.
53 13. An airport as defined in s. 330.27.
54 14. A spaceport territory as defined in s. 331.303(18).
55 15. A military installation as defined in 10 U.S.C. s.
56 2801(c)(4) and an armory as defined in s. 250.01.
57 16. A dam as defined in s. 373.403(1) or other structures,
58 such as locks, floodgates, or dikes, which are designed to
59 maintain or control the level of navigable waterways.
60 17.8. A state correctional institution as defined in s.
61 944.02 or a private correctional facility authorized under
62 chapter 957.
63 18.9. A secure detention center or facility, as defined in
64 s. 985.03, or a nonsecure residential facility, a high-risk
65 residential facility, or a maximum-risk residential facility, as
66 those terms are described in s. 985.03(44).
67 19.10. A county detention facility, as defined in s.
68 951.23.
69 (3) REGULATION.—
70 (d) A person or governmental entity seeking to restrict or
71 limit the operation of drones in close proximity to
72 infrastructure or facilities that the person or governmental
73 entity owns or operates must apply to the Federal Aviation
74 Administration for such designation pursuant to s. 2209 of the
75 FAA Extension, Safety, and Security Act of 2016.
76 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
77 (d) Subparagraph (a)1. does not apply to a drone operating
78 in transit for commercial purposes in compliance with Federal
79 Aviation Administration regulations, authorizations, or
80 exemptions.
81 (e) This subsection and paragraph (2)(a) shall sunset 60
82 days after the date that a process pursuant to s. 2209 of the
83 FAA Extension, Safety and Security Act of 2016 becomes
84 effective.
85 Section 2. Effective on the same date that SB 264 or
86 similar legislation takes effect, if such legislation is adopted
87 in the same legislative session or an extension thereof and
88 becomes a law, paragraph (a) of subsection (2) of section
89 330.41, Florida Statutes, as amended by this act, is amended to
90 read:
91 330.41 Unmanned Aircraft Systems Act.—
92 (2) DEFINITIONS.—As used in this act, the term:
93 (a) “Critical infrastructure facility” means any of the
94 following, if completely enclosed by a fence or other physical
95 barrier that is obviously designed to exclude intruders, or if
96 clearly marked with a sign or signs which indicate that entry is
97 forbidden and which are posted on the property in a manner
98 reasonably likely to come to the attention of intruders:
99 1. A power generation or transmission facility, substation,
100 switching station, or electrical control center.
101 2. A chemical or rubber manufacturing or storage facility.
102 3. A water intake structure, water treatment facility,
103 wastewater treatment plant, or pump station.
104 4. A mining facility.
105 5. A natural gas or compressed gas compressor station,
106 storage facility, or natural gas or compressed gas pipeline.
107 6. A liquid natural gas or propane gas terminal or storage
108 facility.
109 7. Any portion of an aboveground oil or gas pipeline.
110 8. A refinery.
111 9. A gas processing plant, including a plant used in the
112 processing, treatment, or fractionation of natural gas.
113 10. A wireless communications facility, including the
114 tower, antennae, support structures, and all associated ground
115 based equipment.
116 11. A seaport as listed in s. 311.09(1), which need not be
117 completely enclosed by a fence or other physical barrier and
118 need not be marked with a sign or signs indicating that entry is
119 forbidden.
120 12. An inland port or other facility or group of facilities
121 serving as a point of intermodal transfer of freight in a
122 specific area physically separated from a seaport.
123 13. An airport as defined in s. 330.27.
124 14. A spaceport territory as defined in s. 331.303(18).
125 15. A military installation as defined in 10 U.S.C. s.
126 2801(c)(4) and an armory as defined in s. 250.01.
127 16. A dam as defined in s. 373.403(1) or other structures,
128 such as locks, floodgates, or dikes, which are designed to
129 maintain or control the level of navigable waterways.
130 17. A state correctional institution as defined in s.
131 944.02 or a private correctional facility authorized under
132 chapter 957.
133 18. A secure detention center or facility, as defined in s.
134 985.03, or a nonsecure residential facility, a high-risk
135 residential facility, or a maximum-risk residential facility, as
136 those terms are described in s. 985.03(44).
137 19. A county detention facility, as defined in s. 951.23.
138 20. A critical infrastructure facility, as defined in s.
139 692.201.
140 Section 3. Except as otherwise expressly provided in this
141 act, this act shall take effect July 1, 2023.