Florida Senate - 2025                                    SB 1422
       
       
        
       By Senator Truenow
       
       
       
       
       
       13-00672B-25                                          20251422__
    1                        A bill to be entitled                      
    2         An act relating to unmanned aircraft or unmanned
    3         aircraft systems; amending s. 330.41, F.S.; increasing
    4         the criminal penalty for certain prohibited actions
    5         relating to drones; amending s. 330.411, F.S.;
    6         prohibiting certain actions relating to unmanned
    7         aircraft or unmanned aircraft systems; providing
    8         criminal penalties; amending s. 934.50, F.S.; revising
    9         and providing exceptions to certain prohibited actions
   10         relating to drones; providing an effective date.
   11          
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Paragraph (b) of subsection (4) of section
   15  330.41, Florida Statutes, is amended, and paragraph (a) of that
   16  subsection is republished, to read:
   17         330.41 Unmanned Aircraft Systems Act.—
   18         (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
   19         (a) A person may not knowingly or willfully:
   20         1. Operate a drone over a critical infrastructure facility;
   21         2. Allow a drone to make contact with a critical
   22  infrastructure facility, including any person or object on the
   23  premises of or within the facility; or
   24         3. Allow a drone to come within a distance of a critical
   25  infrastructure facility that is close enough to interfere with
   26  the operations of or cause a disturbance to the facility.
   27         (b) A person who violates paragraph (a) commits a felony of
   28  the third degree misdemeanor of the second degree, punishable as
   29  provided in s. 775.082 or s. 775.083. A person who commits a
   30  second or subsequent violation commits a misdemeanor of the
   31  first degree, punishable as provided in s. 775.082 or s.
   32  775.083.
   33         Section 2. Section 330.411, Florida Statutes, is amended to
   34  read:
   35         330.411 Prohibited possession, alteration, or operation of
   36  unmanned aircraft.—
   37         (1) A person may not willfully possess or operate an
   38  unmanned aircraft or unmanned aircraft system as defined in s.
   39  330.41(2) s. 330.41 with an attached weapon, firearm, explosive,
   40  destructive device, or ammunition as defined in s. 790.001.
   41         (2)A person may not willfully alter, manipulate, tamper
   42  with, or otherwise change an unmanned aircraft or unmanned
   43  aircraft system’s hardware or software to counter or bypass any
   44  tool, system, or technology intended to detect unmanned aircraft
   45  or unmanned aircraft systems in violation of s. 330.41(4)(a).
   46         (3)A person may not willfully possess or operate an
   47  unmanned aircraft or unmanned aircraft system that has been
   48  altered, manipulated, tampered with, or otherwise changed to
   49  counter or bypass any tool, system, or technology intended to
   50  detect unmanned aircraft or unmanned aircraft systems in
   51  violation of s. 330.41(4)(a).
   52         (4)A person who violates subsection (1), subsection (2),
   53  or subsection (3) commits a felony of the third degree,
   54  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   55         (5) A person who, without lawful authority, possesses or
   56  operates an unmanned aircraft system carrying a weapon of mass
   57  destruction, a hoax weapon of mass destruction, a biological
   58  agent, or a toxin, as those terms are defined in s. 790.166(1),
   59  commits a felony of the first degree, punishable as provided in
   60  s. 775.082, s. 775.083, or s. 775.084.
   61         Section 3. Paragraph (d) of subsection (4) of section
   62  934.50, Florida Statutes, is amended, and paragraph (r) is added
   63  to that subsection, to read:
   64         934.50 Searches and seizure using a drone.—
   65         (4) EXCEPTIONS.—This section does not prohibit the use of a
   66  drone:
   67         (d) To provide a law enforcement agency with an aerial
   68  perspective of a crowd of 50 people or more or to provide or
   69  maintain the public safety of such crowd, provided that:
   70         1. The law enforcement agency that uses the drone to
   71  provide an aerial perspective of a crowd of 50 people or more
   72  must have policies and procedures that include guidelines:
   73         a. For the agency’s use of a drone.
   74         b. For the proper storage, retention, and release of any
   75  images or video captured by the drone.
   76         c. That address the personal safety and constitutional
   77  protections of the people being observed.
   78         2. The head of the law enforcement agency using the drone
   79  for this purpose must provide written authorization for such use
   80  and must maintain a copy on file at the agency.
   81         (r) By a law enforcement agency in furtherance of providing
   82  and maintaining the security of an elected official pursuant to
   83  s. 943.68.
   84         Section 4. This act shall take effect October 1, 2025.