The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/CS/SB 908
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee; Transportation
Committee; and Senator Rodriguez
SUBJECT: Unmanned Aircraft Systems Act
DATE: April 18, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Fav/CS
2. Proctor Proctor MS Fav/CS
3. Price Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/SB 908 revises the definition of “critical infrastructure facility” for purposes of the
operation of unmanned aircraft systems, or “drones,” over or near certain facilities and structures
to include: water intake structures; water treatment facilities; wastewater treatment plants; pump
stations; certain deepwater ports; railroad switching yards; certain airports; certain spaceport
territories; certain military installations; or certain dams or other structures, such as locks,
floodgates, or dikes, which are designed to maintain or control the level of navigable waterways.
The bill removes from state law:
 A virtually identical requirement under federal law that a person or governmental entity
apply to the Federal Aviation Administration (FAA) to restrict or limit the operation of
drones in close proximity to infrastructure and facilities that the person or governmental
entity owns or operates; and
 A provision making the definition of “critical infrastructure facility” inapplicable to a drone
operating in transit for commercial purposes in compliance with FAA regulations,
authorizations, or exemptions.
The bill’s impact on state and local revenues is indeterminate. See Section V. Fiscal Impact
Statement.
The bill takes effect July 1, 2023.
BILL: CS/CS/SB 908 Page 2
II. Present Situation:
Federal Law
Drones, or unmanned aerial vehicles and unmanned aerial systems, are considered to be aircraft
subject to regulation by the FAA.1 In February 2012, Congress passed the FAA Modernization
and Reform Act of 2012 (Modernization Act), which required the FAA to safely open the
nation’s airspace to drones by September 2015.2 The Modernization Act vested authority to
regulate the use of drones to the FAA, as it does all aircraft in the national airspace, with an
emphasis on safety, efficiency, and national security. 3
Under the authority granted in the 2012 Act, the FAA issued its regulations on the operation and
certification of small (less than 55 pounds at take-off) unmanned aircraft systems in June of
2016. The small drone regulations are still in effect.4 Federal law also provides an exception for
limited recreational operations of unmanned aircraft under specified conditions and, if the
conditions are met, a person may operate a small unmanned aircraft without specific certification
or operating authority from the FAA.5
Subsequent to the 2016 FAA regulations, Congress approved a 17-month extension of the
authority of the FAA, known as the “Extension, Safety, and Security Act of 2016 (Extension
Act).”6 In addition to providing the FAA continued authority and funding to operate, the
Extension Act required the FAA, by the end of 2016, to establish a process for operators or
proprietors of fixed-site facilities to petition the FAA to prohibit or restrict the operation of an
unmanned aircraft in close proximity to a fixed-site facility. The law provided that a “fixed-site
facility” means only:
 Critical infrastructure, such as energy production, transmission, and distribution facilities and
equipment;
 Oil refineries and chemical facilities;
 Amusement parks; and
1
FAA, Office of the Chief Counsel, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, p. 1,
available at https://www.faa.gov/sites/faa.gov/files/uas/resources/policy_library/UAS_Fact_Sheet_Final.pdf (last visited
March 17, 2023). Drones can range in size from wingspans of just inches to numerous feet and can vary in weight from
ounces to thousands of pounds. They may be controlled manually or through an autopilot that uses a data link to connect the
drone’s pilot to the drone. See 72 FR 6689, Federal Aviation Administration (FAA), Unmanned Aircraft Operations in the
National Airspace System, February 13, 2007, available at https://www.federalregister.gov/documents/2007/02/13/E7-
2402/unmanned-aircraft-operations-in-the-national-airspace-system (last visited March 17, 2023).
2
Pub. L. No. 112-95 (2012).
3
However, land use, zoning, privacy, trespass, and law enforcement operations generally are not subject to federal regulation.
See FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, FAA Office of the Chief Counsel,
December 17, 2015, p. 3, available at
https://www.faa.gov/sites/faa.gov/files/uas/resources/policy_library/UAS_Fact_Sheet_Final.pdf (last visited March 17,
2023).
4
See 14 C.F.R. part 107, Small Unmanned Aircraft Systems, available at
https://www.faa.gov/air_traffic/publications/atpubs/foa_html/chap19_section_6.html (last visited March 17, 2023).
5
See 49 U.S.C. 44809, available at https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-
section44809&num=0&edition=prelim (last visited March 17, 2023). The conditions include, but are not limited to, flying
the drone strictly for recreational purposes, from the surface to not more than 400 feet, within the visual line of sight.
6
Pub. L. No. 114-190 (2016).
BILL: CS/CS/SB 908 Page 3
 Other locations that warrant such restrictions.7
By the time of passage of the FAA Reauthorization Act of 2018,8 a 5-year reauthorization of
funding, authorities, and responsibilities through fiscal year 2023 (September 30, 2023), the FAA
had not established the petition process required of the 2016 law. The 2018 law revised the first-
listed meaning of “fixed site facility” to mean only critical infrastructure, such as energy
production, transmission, distribution facilities and equipment, and railroad facilities. The 2018
law also revised the requirement for the process of petitioning the FAA to prohibit or restrict
operation of an unmanned aircraft in close proximity to a fixed-site facility by requiring, not later
than March 31, 2019, the publication of a notice of proposed rulemaking to carry out the petition
process requirements and issuance of a final rule not later than 12 months after publishing the
notice.
Various types of airspace restrictions applicable to drones and their operation already exist. For
example, the FAA lists restrictions that commonly affect drone flights, such as stadiums and
sporting events,9 near airports,10 security sensitive airspace restrictions,11 restricted or special use
airspace,12 and Washington D.C. The FAA also prohibits drone flying over an emergency or
rescue operations relating to wildfires and hurricanes.13
The FAA has established additional resources for drone operators. For example, the FAA
maintains a “No Drone Zone” web page to help identify areas where people cannot operate a
drone.14 A downloadable sign is available for use by public landowners that prohibits takeoff and
landing of drones at a particular public location to inform operators of a local restriction. Such
restrictions do not include flight in the airspace of the identified location (area).15 Recreational
7
Pub. L. No. 114-190, s. 2209 (2016).
8
Pub. L. No. 115-254 (2018).
9
Major League Baseball, National Football League, NCAA Division One Football, and NASCAR Sprint Cup, Indy Car, and
Champ Series races. Drone operations are prohibited within a radius of three nautical miles of the stadium or venue. See
FAA, Stadiums and Sporting Events, available at
https://www.faa.gov/uas/getting_started/where_can_i_fly/airspace_restrictions/sports_stadiums (last visited March 17, 2023).
10
For details on flying drones near airports, see FAA, Flying Near Airports, available at
https://www.faa.gov/uas/getting_started/where_can_i_fly/airspace_restrictions/flying_near_airports (last visited March 17,
2023).
11
Drones are prohibited from flying over designated national security sensitive facilities from the ground up to 400 feet
above ground level. Examples include military bases designated as Department of Defense facilities, national landmarks
(e.g., the Statue of Liberty, Hoover Dam, Mt. Rushmore), and certain critical infrastructure such as nuclear power plants. See
FAA, Security Sensitive Airspace Restrictions, available at
https://www.faa.gov/uas/getting_started/where_can_i_fly/airspace_restrictions/security_sensitive (last visited March 17,
2023).
12
Examples include prohibited areas where aircraft flight, including drones, is prohibited, restricted areas where operations
are hazardous to the operator, and temporary flight restrictions due to temporary hazardous conditions such as a wildfire,
hurricane, or chemical spill; a security-related event such as the UN General Assembly, and other special situations such as
VIP movement. See FAA, Restricted or Special Use Airspace, available at
https://www.faa.gov/uas/getting_started/where_can_i_fly/airspace_restrictions/tfr (last visited March 17, 2023).
13
Id.
14
FAA, No Drone Zone, available at https://www.faa.gov/uas/resources/community_engagement/no_drone_zone (last visited
March 17, 2023).
15
Id. Only the FAA can restrict airspace, but the FAA provided the sign that can be used by state, local, territorial, or tribal
government agencies to identify areas where local flight restrictions exist.
BILL: CS/CS/SB 908 Page 4
users may also download the free-of-charge “B4UFLY” app with interactive maps that help
operators identify where they can and cannot fly.16
What the FAA has not yet accomplished, however, is issuance of a final rule establishing the
criteria and procedures for the operator or proprietor of eligible fixed site facilities to apply to the
FAA for a drone-specific flight restriction over such facilities. The FAA anticipates publishing
the Notice of Proposed Rulemaking on June 30, 2023.17
State Action in the Absence of the FAA Rule
Because the federal rule has not been issued providing a process for the granting of a drone-
specific flight restriction, states have attempted to protect infrastructure and facilities deemed to
be critical and in need of such drone-flight restriction. According to the National Conference of
State Legislatures, since 2013, at least 44 states have enacted laws addressing drones, commonly
defining what a drone is, how a drone can be used by law enforcement or other state agencies,
how a drone can be used by the general public, and regulations for use of a drone in hunting
game.18
Industry stakeholders and the U.S. Chamber of Commerce have reportedly urged the FAA to
begin the rulemaking process, expressing the following:
The concern by these and other industry leaders is not simply that the
failure to enact Section 2209 leaves ambiguity as to what infrastructure
and facilities are considered “fixed site,” but a larger failure by the FAA to
firmly establish that they hold sole authority to regulate the national
airspace. Without the enactment of Section 2209, states have been
enacting their own legislation to protect (and define) critical infrastructure
sites, which has led to a patchwork [of] unwieldy and inconsistent laws.19
Because the FAA has regulatory authority over matters pertaining to aviation safety,20 and
because states are unclear as to which facilities are or are not “fixed site” facilities, and further
because the FAA has not issued a rule establishing the criteria and procedures for the operator or
proprietor of eligible fixed site facilities to apply to the FAA for a drone-specific flight
restriction over such facilities, state statutes may be in conflict with the anticipated FAA rule.
Any state statute, to the extent of any conflict with the expected FAA rule, will be preempted.
16
See FAA, B4UFLY, available at https://www.faa.gov/uas/getting_started/b4ufly (last visited March 17, 2023).
17
See the FAA Significant Rulemaking Report, September 2022, available at
https://www.transportation.gov/sites/dot.gov/files/2022-
09/September%202022%20Significant%20Rulemaking%20Report.v.1.z.pdf (last visited March 17, 2023).
18
See NCSL.org, Current Unmanned Aircraft State Law Landscape, available at Current Unmanned Aircraft State Law
Landscape (ncsl.org) (last visited March 17, 2023).
19
See National Law Review, Potential Consequences of the FAA’s Failure to Implement Section 2209, available at FAA's
Failure to Implement Section 2209 Brings Consequences (natlawreview.com) (last visited March 17, 2023).
20
See FAA, State and Local Regulation of Unmanned Aircraft Systems (UAS) Fact Sheet, FAA Office of the Chief Counsel,
December 17, 2015, available at
https://www.faa.gov/sites/faa.gov/files/uas/resources/policy_library/UAS_Fact_Sheet_Final.pdf (last visited March 17,
2023).
BILL: CS/CS/SB 908 Page 5
Florida Law
Florida’s Unmanned Aircraft System Act21 defines the term “drone” to mean a powered, aerial
vehicle that:
 Does not carry a human operator;
 Uses aerodynamic forces to provide vehicle lift;
 Can fly autonomously or be piloted remotely;
 Can be expendable or recoverable; and
 Can carry a lethal or nonlethal payload.22
“Critical infrastructure facility” means any of the following, if completely enclosed by a fence or
other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a
sign or signs which indicate that entry is forbidden and are posted on the property in a manner
reasonably likely to come to the attention of intruders:
 An electrical power generation or transmission facility, substation, switching station, or
electrical control center;
 A chemical or rubber manufacturing or storage facility;
 A mining facility;
 A natural gas or compressed gas compressor station, storage facility, or natural gas or
compressed gas pipeline;
 A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000
gallons or more;
 Any portion of an aboveground oil or gas pipeline;
 A wireless communications facility, including tower, antennae, support structures, and all
associated ground-based equipment;
 A defined state correctional institution or private correctional facility;
 A defined secure detention center or facility, a high-risk residential facility, or a defined
maximum-risk residential facility; and
 A defined county detention facility.23
Regulation of the operation of drones is vested in the state, except as provided in federal
regulations, authorizations, or exemptions.24 However, the statute does not limit the authority of
a local government to enact or enforce local ordinances relating to nuisances, voyeurism,
harassment, reckless endangerment, property damage, or other illegal acts arising from the use of
drones if the laws or ordinances are not specifically related to the use of a drone for those illegal
acts.25
21
Section 330.41, F.S.
22
Section 934.50(2), F.S., “Unmanned aircraft system” means a drone and its associated elements, including communication
links and the components used to control the drone which are required for the pilot in command to operate the drone safety
and efficiently. Section 330.41(2)(b), F.S.
23
Section 330.41(2)(a), F.S.
24
“Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution
relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned
aircraft system, including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations;
and pilot, operator, or observer qualifications, training, and certification.” Section 330.41(3)(b), F.S.
25
Section 330.41(3)(c), F.S.
BILL: CS/CS/SB 908 Page 6
Mirroring federal law relating to the petition process above but not yet accomplished, Florida
law requires a person or governmental entity seeking to restrict or limit the operation of drones in
close proximity to infrastructure o