Florida Senate - 2017 CS for CS for SB 832
By the Committees on Rules; and Criminal Justice; and Senator
Young
595-04440A-17 2017832c2
1 A bill to be entitled
2 An act relating to unmanned devices; amending s.
3 316.003, F.S.; revising and providing definitions;
4 amending s. 316.008, F.S.; authorizing operation of
5 personal delivery devices within a county or
6 municipality under certain circumstances; providing
7 construction; providing exceptions; creating s.
8 316.2071, F.S.; providing requirements for the
9 operation of personal delivery devices; requiring
10 specified insurance coverage; amending s. 320.01,
11 F.S.; redefining the term “motor vehicle”; amending s.
12 320.02, F.S.; exempting personal delivery devices from
13 certain registration and insurance requirements;
14 amending ss. 324.021, and 324.022, F.S.; redefining
15 the term “motor vehicle”; creating s. 330.41, F.S.;
16 providing a short title; defining terms; providing
17 that, except as provided in federal regulations,
18 authorizations, or exemptions, the authority to
19 regulate the operation of unmanned aircraft systems is
20 vested in the state; prohibiting a political
21 subdivision from enacting or enforcing certain
22 ordinances or resolutions relating to unmanned
23 aircraft systems; providing that the authority of
24 local government to enact or enforce local ordinances
25 relating to nuisances, voyeurism, harassment, reckless
26 endangerment, property damage, or other illegal acts
27 arising from the use of unmanned aircraft systems is
28 not limited, subject to certain requirements;
29 requiring persons seeking to restrict or limit the
30 operation of drones in close proximity to certain
31 infrastructure or facilities to apply to the Federal
32 Aviation Administration; prohibiting a person from
33 knowingly and willfully operating a drone over or
34 allowing a drone to make contact with or come within a
35 certain distance of certain critical infrastructure
36 facilities; providing that such a violation is a
37 misdemeanor punishable under specified provisions of
38 ch. 775, F.S.; providing an exemption from specified
39 prohibited acts; providing for future sunset of a
40 certain requirement; providing construction; creating
41 s. 330.411, F.S.; prohibiting a person from possessing
42 or operating an unmanned aircraft or unmanned aircraft
43 system with certain attached weapons or devices;
44 amending s. 934.50, F.S.; providing that the use of a
45 drone by a communications service provider or
46 contractor is not prohibited under certain provisions
47 of ch. 934, F.S.; amending ss. 316.2128, 316.545,
48 316.613, and 655.960, F.S.; conforming cross
49 references; providing an effective date.
50
51 Be It Enacted by the Legislature of the State of Florida:
52
53 Section 1. Present subsections (51) through (97) of section
54 316.003, Florida Statutes, are renumbered as subsections (53)
55 through (99), respectively, present subsections (40), (55), and
56 (95) are amended, and new subsections (51) and (52) are added to
57 that section, to read:
58 316.003 Definitions.—The following words and phrases, when
59 used in this chapter, shall have the meanings respectively
60 ascribed to them in this section, except where the context
61 otherwise requires:
62 (40) MOTOR VEHICLE.—Except when used in s. 316.1001, a
63 self-propelled vehicle not operated upon rails or guideway, but
64 not including any bicycle, motorized scooter, electric personal
65 assistive mobility device, personal delivery device, swamp
66 buggy, or moped. For purposes of s. 316.1001, “motor vehicle”
67 has the same meaning as provided in s. 320.01(1)(a).
68 (51) PERSONAL DELIVERY DEVICE.—An electrically powered
69 device that:
70 (a) Is operated on sidewalks and crosswalks and intended
71 primarily for transporting property;
72 (b) Weighs less than 80 pounds, excluding cargo;
73 (c) Has a maximum speed of 10 miles per hour; and
74 (d) Is equipped with technology to allow for operation of
75 the device with or without the active control or monitoring of a
76 natural person.
77
78 A personal delivery device is not considered a vehicle unless
79 expressly defined by law as a vehicle.
80 (52) PERSONAL DELIVERY DEVICE OPERATOR.—An entity or its
81 agent that exercises direct physical control over or monitoring
82 of the navigation system and operation of a personal delivery
83 device. For the purposes of this subsection, the term “agent”
84 means a person charged by the entity with the responsibility of
85 navigating and operating the personal delivery device. The term
86 “personal delivery device operator” does not include an entity
87 or person who requests the services of a personal delivery
88 device for the purpose of transporting property or an entity or
89 person who only arranges for and dispatches the requested
90 services of a personal delivery device.
91 (57)(55) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
92 provided in paragraph (79)(b) (77)(b), any privately owned way
93 or place used for vehicular travel by the owner and those having
94 express or implied permission from the owner, but not by other
95 persons.
96 (97)(95) VEHICLE.—Every device in, upon, or by which any
97 person or property is or may be transported or drawn upon a
98 highway, except personal delivery devices and devices used
99 exclusively upon stationary rails or tracks.
100 Section 2. Subsection (7) of section 316.008, Florida
101 Statutes, is amended to read:
102 316.008 Powers of local authorities.—
103 (7)(a) A county or municipality may enact an ordinance to
104 permit, control, or regulate the operation of vehicles, golf
105 carts, mopeds, motorized scooters, and electric personal
106 assistive mobility devices on sidewalks or sidewalk areas when
107 such use is permissible under federal law. The ordinance must
108 restrict such vehicles or devices to a maximum speed of 15 miles
109 per hour in such areas.
110 (b)1. Except as provided in subparagraph 2., a personal
111 delivery device may be operated on sidewalks and crosswalks
112 within a county or municipality when such use is permissible
113 under federal law. This paragraph does not restrict a county or
114 municipality from otherwise adopting regulations for the safe
115 operation of personal delivery devices.
116 2. A personal delivery device may not be operated on the
117 Florida Shared-Use Nonmotorized Trail Network created under s.
118 339.81 or components of the Florida Greenways and Trails System
119 created under chapter 260.
120 Section 3. Section 316.2071, Florida Statutes, is created
121 to read:
122 316.2071 Personal delivery devices.—
123 (1) Notwithstanding any provision of law to the contrary, a
124 personal delivery device may operate on sidewalks and
125 crosswalks, subject to s. 316.008(7)(b). A personal delivery
126 device operating on a sidewalk or crosswalk has all the rights
127 and duties applicable to a pedestrian under the same
128 circumstances, except that the personal delivery device must not
129 unreasonably interfere with pedestrians or traffic and must
130 yield the right-of-way to pedestrians on the sidewalk or
131 crosswalk.
132 (2) A personal delivery device must:
133 (a) Obey all official traffic and pedestrian control
134 signals and devices.
135 (b) Include a plate or marker that has a unique identifying
136 device number and identifies the name and contact information of
137 the personal delivery device operator.
138 (c) Be equipped with a braking system that, when active or
139 engaged, enables the personal delivery device to come to a
140 controlled stop.
141 (3) A personal delivery device may not:
142 (a) Operate on a public highway except to the extent
143 necessary to cross a crosswalk.
144 (b) Operate on a sidewalk or crosswalk unless the personal
145 delivery device operator is actively controlling or monitoring
146 the navigation and operation of the personal delivery device.
147 (c) Transport hazardous materials as defined in s. 316.003.
148 (4) A person who owns and operates a personal delivery
149 device in this state must maintain an insurance policy, on
150 behalf of himself or herself and his or her agents, which
151 provides general liability coverage of at least $100,000 for
152 damages arising from the combined operations of personal
153 delivery devices under the entity’s or agent’s control.
154 Section 4. Paragraph (a) of subsection (1) of section
155 320.01, Florida Statutes, is amended to read:
156 320.01 Definitions, general.—As used in the Florida
157 Statutes, except as otherwise provided, the term:
158 (1) “Motor vehicle” means:
159 (a) An automobile, motorcycle, truck, trailer, semitrailer,
160 truck tractor and semitrailer combination, or any other vehicle
161 operated on the roads of this state, used to transport persons
162 or property, and propelled by power other than muscular power,
163 but the term does not include traction engines, road rollers,
164 personal delivery devices as defined in s. 316.003, special
165 mobile equipment as defined in s. 316.003, vehicles that run
166 only upon a track, bicycles, swamp buggies, or mopeds.
167 Section 5. Subsection (19) is added to section 320.02,
168 Florida Statutes, to read:
169 320.02 Registration required; application for registration;
170 forms.—
171 (19) A personal delivery device as defined in s. 316.003 is
172 not required to satisfy the registration and insurance
173 requirements of this section.
174 Section 6. Subsection (1) of section 324.021, Florida
175 Statutes, is amended to read:
176 324.021 Definitions; minimum insurance required.—The
177 following words and phrases when used in this chapter shall, for
178 the purpose of this chapter, have the meanings respectively
179 ascribed to them in this section, except in those instances
180 where the context clearly indicates a different meaning:
181 (1) MOTOR VEHICLE.—Every self-propelled vehicle that which
182 is designed and required to be licensed for use upon a highway,
183 including trailers and semitrailers designed for use with such
184 vehicles, except traction engines, road rollers, farm tractors,
185 power shovels, and well drillers, and every vehicle that which
186 is propelled by electric power obtained from overhead wires but
187 not operated upon rails, but not including any personal delivery
188 device as defined in s. 316.003, bicycle, or moped. However, the
189 term “motor vehicle” does shall not include a any motor vehicle
190 as defined in s. 627.732(3) when the owner of such vehicle has
191 complied with the requirements of ss. 627.730-627.7405,
192 inclusive, unless the provisions of s. 324.051 apply; and, in
193 such case, the applicable proof of insurance provisions of s.
194 320.02 apply.
195 Section 7. Paragraph (a) of subsection (2) of section
196 324.022, Florida Statutes, is amended to read:
197 324.022 Financial responsibility for property damage.—
198 (2) As used in this section, the term:
199 (a) “Motor vehicle” means any self-propelled vehicle that
200 has four or more wheels and that is of a type designed and
201 required to be licensed for use on the highways of this state,
202 and any trailer or semitrailer designed for use with such
203 vehicle. The term does not include:
204 1. A mobile home.
205 2. A motor vehicle that is used in mass transit and
206 designed to transport more than five passengers, exclusive of
207 the operator of the motor vehicle, and that is owned by a
208 municipality, transit authority, or political subdivision of the
209 state.
210 3. A school bus as defined in s. 1006.25.
211 4. A vehicle providing for-hire transportation that is
212 subject to the provisions of s. 324.031. A taxicab shall
213 maintain security as required under s. 324.032(1).
214 5. A personal delivery device as defined in s. 316.003.
215 Section 8. Section 330.41, Florida Statutes, is created to
216 read:
217 330.41 Unmanned Aircraft Systems Act.—
218 (1) SHORT TITLE.—This act may be cited as the “Unmanned
219 Aircraft Systems Act.”
220 (2) DEFINITIONS.—As used in this act, the term:
221 (a) “Critical infrastructure facility” means any of the
222 following, if completely enclosed by a fence or other physical
223 barrier that is obviously designed to exclude intruders, or if
224 clearly marked with a sign or signs which indicate that entry is
225 forbidden and which are posted on the property in a manner
226 reasonably likely to come to the attention of intruders:
227 1. An electrical power generation or transmission facility,
228 substation, switching station, or electrical control center.
229 2. A chemical or rubber manufacturing or storage facility.
230 3. A mining facility.
231 4. A natural gas or compressed gas compressor station,
232 storage facility, or natural gas or compressed gas pipeline.
233 5. A liquid natural gas or propane gas terminal or storage
234 facility with a capacity of 4,000 gallons or more.
235 6. Any portion of an aboveground oil or gas pipeline.
236 7. A wireless communications facility, including the tower,
237 antennae, support structures, and all associated ground-based
238 equipment.
239 (b) “Drone” has the same meaning as s. 934.50(2).
240 (c) “Unmanned aircraft system” means a drone and its
241 associated elements, including communication links and the
242 components used to control the drone which are required for the
243 pilot in command to operate the drone safely and efficiently.
244 (3) REGULATION.—
245 (a) The authority to regulate the operation of unmanned
246 aircraft systems is vested in the state except as provided in
247 federal regulations, authorizations, or exemptions.
248 (b) Except as otherwise expressly provided, a political
249 subdivision may not enact or enforce an ordinance or resolution
250 relating to the design, manufacture, testing, maintenance,
251 licensing, registration, certification, or operation of an
252 unmanned aircraft system, including airspace, altitude, flight
253 paths, equipment or technology requirements; the purpose of
254 operations; and pilot, operator, or observer qualifications,
255 training, and certification.
256 (c) This subsection does not limit the authority of a local
257 government to enact or enforce local ordinances relating to
258 nuisances, voyeurism, harassment, reckless endangerment,
259 property damage, or other illegal acts arising from the use of
260 unmanned aircraft systems if such laws or ordinances are not
261 specifically related to the use of an unmanned aircraft system
262 for those illegal acts.
263 (d) A person or governmental entity seeking to restrict or
264 limit the operation of drones in close proximity to
265 infrastructure or facilities that the person or governmental
266 entity owns or operates must apply to the Federal Aviation
267 Administration for such designation pursuant to section 2209 of
268 the FAA Extension, Safety, and Security Act of 2016.
269 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.—
270 (a) A person may not knowingly or willfully:
271 1. Operate a drone over a critical infrastructure facility;
272 2. Allow a drone to make contact with a critical
273 infrastructure facility, including any person or object on the
274 premises of or within the facility; or
275 3. Allow a drone to come within a distance of a critical
276 infrastructure facility that is close enough to interfere with
277 the operations of or cause a disturbance to the facility.
278 (b) A person who violates paragraph (a) commits a
279 misdemeanor of the second degree, punishable as provided in s.
280 775.082 or s. 775.083. A person who commits a second or
281 subsequent violation commits a misdemeanor of the first degree,
282 punishable as provided in s. 775.082 or s. 775.083.
283 (c) This subsection does not apply to actions identified in
284 paragraph (a) which are committed by:
285 1. A federal, state, or other governmental entity, or a
286 person under contract or otherwise acting under the direction of
287 a federal, state, or other governmental entity.
288 2. A law enforcement agency that is in compliance with s.
289 934.50, or a person under contract with or otherwise acting
290 under the direction of such law enforcement agency.
291 3. An owner, operator, or occupant of the critical
292 infrastructure facility, or a person who has prior written
293 consent of such owner, operator, or occupant.
294 (d) Subparagraph (a)1. does not apply to a drone operating
295 in transit for commercial purposes in compliance with Federal
296 Aviation Administration regulations, authorizations, or
297 exemptions.
298 (e) This subsection shall sunset 60 days after the date
299 that a process pursuant to Section 2209 of the FAA Extension,
300 Safety and Security Act of 2016 becomes effective.
301 (5) CONSTRUCTION.—This section shall be construed in
302 accordance with standards imposed by federal statutes,
303 regulations, and Federal Aviation Administration guidance on
304 unmanned aircraft systems.
305 Section 9. Section 330.411, Florida Statutes, is created to
306 read:
307 330.411 Prohibited possession or operation of unmanned
308 aircraft.—A person may not possess or operate an unmanned
309 aircraft or unmanned aircraft system as defined in s. 330.41
310 with an attached weapon, firearm, explosive, destructive device,
311 or ammunition as defined in s. 790.001.
312 Section 10. Paragraph (j) is added to subsection (4) of
313 section 934.50, Florida Statutes, to read:
314 934.50 Searches and seizure using a drone.—
315 (4) EXCEPTIONS.—This section does not prohibit the use of a
316 drone:
317 (j) By a communications service provider or a contractor
318 for a communications service provider for routing, siting,
319 installation, maintenance, or inspection of facilities used to
320 provide communications services.
321 Section 11. Subsection (1) of section 316.2128, Florida
322 Statutes, is amended to read:
323 316.2128 Operation of motorized scooters and miniature
324 motorcycles; requirements for sales.—
325 (1) A person who engages in the business of, serves in the
326 capacity of, or acts as a commercial seller of motorized
327 scooters or miniature motorcycles in this state must prominently
328 display at his or her place of business a notice that such
329 vehicles are not legal to operate on public roads, may not be
330 registered as motor vehicles, and may not be operated on
331 sidewalks unless authorized by an ordinance enacted pursuant to
332 s. 316.008(7)(a) 316.008(7) or s. 316.212(8). The required
333 notice must also appear in all forms of advertising offering
334 motorized scooters or miniature motorcycles for sale. The notice
335 and a copy of this section must also be provided to a consumer
336 prior to the consumer’s purchasing or becoming obligated to
337 purchase a motorized scooter or a miniature motorcycle.
338 Section 12. Paragraph (b) of subsection (2) of section
339 316.545, Florida Statutes, is amended to read:
340 316.545 Weight and load unlawful; special fuel and motor
341 fuel tax enforcement; inspection; penalty; review.—
342 (2)
343 (b) The officer or inspector shall inspect the license
344 plate or registration certificate of the commercial vehicle to
345 determine whether its gross weight is in compliance with the
346 declared gross vehicle weight. If its gross weight exceeds the
347 declared weight, the penalty shall be 5 cents per pound on the
348 difference between such weights. In those cases when the
349 commercial vehicle is being operated over the highways of the
350 state with an expired registration or with no registration from
351 this or any other jurisdiction or is not registered under the
352 applicable provisions of chapter 320, the penalty herein shall
353 apply on the basis of 5 cents per pound on that scaled weight
354 which exceeds 35,000 pounds on laden truck tractor-semitrailer
355 combinations or tandem trailer truck combinations, 10,000 pounds
356 on laden straight trucks or straight truck-trailer combinations,
357 or 10,000 pounds on any unladen commercial motor vehicle. A
358 driver of a commercial motor vehicle entering the state at a
359 designated port-of-entry location, as defined in s. 316.003
360 316.003(54), or operating on designated routes to a port-of
361 entry location, who obtains a temporary registration permit
362 shall be assessed a penalty limited to the difference between
363 its gross weight and the declared gross vehicle weight at 5
364 cents per pound. If the license plate or registration has not
365 been expired for more than 90 days, the penalty imposed under
366 this paragraph may not exceed $1,000. In the case of special
367 mobile equipment, which qualifies for the license tax provided
368 for in s. 320.08(5)(b), being operated on the highways of the
369 state with an expired registration or otherwise not properly
370 registered under the applicable provisions of chapter 320, a
371 penalty of $75 shall apply in addition to any other penalty
372 which may apply in accordance with this chapter. A vehicle found
373 in violation of this section may be detained until the owner or
374 operator produces evidence that the vehicle has been properly
375 registered. Any costs incurred by the retention of the vehicle
376 shall be the sole responsibility of the owner. A person who has
377 been assessed a penalty pursuant to this paragraph for failure
378 to have a valid vehicle registration certificate pursuant to the
379 provisions of chapter 320 is not subject to the delinquent fee
380 authorized in s. 320.07 if such person obtains a valid
381 registration certificate within 10 working days after such
382 penalty was assessed.
383 Section 13. Paragraph (a) of subsection (2) of section
384 316.613, Florida Statutes, is amended to read:
385 316.613 Child restraint requirements.—
386 (2) As used in this section, the term “motor vehicle” means
387 a motor vehicle as defined in s. 316.003 that is operated on the
388 roadways, streets, and highways of the state. The term does not
389 include:
390 (a) A school bus as defined in s. 316.003 316.003(68).
391 Section 14. Subsection (1) of section 655.960, Florida
392 Statutes, is amended to read:
393 655.960 Definitions; ss. 655.960-655.965.—As used in this
394 section and ss. 655.961-655.965, unless the context otherwise
395 requires:
396 (1) “Access area” means any paved walkway or sidewalk which
397 is within 50 feet of any automated teller machine. The term does
398 not include any street or highway open to the use of the public,
399 as defined in s. 316.003(79)(a) or (b) 316.003(77)(a) or (b),
400 including any adjacent sidewalk, as defined in s. 316.003.
401 Section 15. This act shall take effect July 1, 2017.