2023 End of State Sessions Report: Florida

 

For the 2023 legislative session, Florida introduced six distinct measures, for twelve total bills, related to AAM and UAS. Four of those have now passed the legislature and are on their way to the Governor’s desk. In addition to their regular session, Florida was dealing with rulemaking related to the country-of-origin ban that passed in 2021, shaping a large focus of this session.  

Legislation 

Unsatisfactory

  • HB 349/SB 1122These measures prohibit a political subdivision from allowing or granting an exclusive right to one or more vertiport owners or operators. They would have stifled private investment and hindered the development of a burgeoning industry. The measures did not have any action.  

Satisfactory 

  • HB 645/SB 908These measures expand the definition of “critical infrastructure facility” and remove the section of code that required a person or governmental entity to apply to the FAA for designation to restrict or limit the operation of drones in proximity to infrastructure. It retains the sunset date upon FAA rulemaking. The power to regulate of flight generally and of drones as they relate to critical infrastructure lies with the FAA and as such this measure is overly burdensome, but it does recognize this federal power through a sunset date for when formal rulemaking is published. House bill 645 has been signed by the Governor and is law. 

Above Average

  • SB 1514/ HB 1455These measures extend when a governmental agency must discontinue the use of a non-compliant drone to July 2026. In creating a transition period for noncompliant drones, this measure recognizes the large investment that many state agencies and police departments have already made into their drone programs. These measures did not have any action.  

  • SB 1068/ HB 1071 These measures prohibit a political subdivision from enacting or enforcing an ordinance or resolution that prohibits drone delivery based on the location of the drone delivery service port. This ensures a safe and favorable operational environment, allowing for industry growth. Senate Bill 1068 has been signed by the Governor and is law. 

  • SB 1164/HB 1279 These measures clarify that a non-law enforcement employee of the Department of Agriculture and Consumer Services may use drones to manage and eradicate plant or animal diseases. This recognizes the numerous public benefits that drones can provide and ensures that the State is able to utilize them in every way possible. House Bill 1279 has been signed by the Governor and is law. 

  • SB 2500/ HB 5001These measures provide $25 million for a local government law enforcement drone replacement grant program, to replace drones that were actively in use before the adoption of the rule establishing non-compliant drones. This provides an avenue for law enforcement agencies to recoup the investment they have already made into drones and the ability to replace noncompliant ones. This allows them to continue to operate their drone program without a high-cost barrier and ensures a smooth transition. Senate Bill 2500 passed the legislature.  

Willingness to Engage: Satisfactory 

Florida showed a willingness to engage with stakeholders and interested parties throughout this year. They were open to hearing concerns and willing to engage in challenging policy discussions. This was most exemplified through the rule-making process related to the country-of-origin bans. Multiple open meetings were held, and input was solicited from Agency officials, legislators, and local and state end-users. While the ban was still enacted as planned, a grant fund was included in the budget to aid local police departments in the transition.  

Openness to Industry: Above Average 

Throughout the session, Florida has shown a strong desire to ensure their state is industry friendly. Before the session even began, an anti-industry piece of vertiport legislation was prefiled. Immediately, many companies in the field, along with AUVSI expressed their concerns with the language, reaching out to sponsors and stakeholders. These concerns were heeded immediately, and the measures did not receive any consideration.  

Additionally, one of the major pieces of drone legislation that passed the legislature was a DroneUp supported piece of legislation. It passed all committees and both houses with unanimous support, proving the legislature's commitment to ensuring a favorable environment for the drone industry.  

Overall: Above Average 

Florida passed favorable drone legislation this session in SB 1068, HB 1279, and SB 2500. Through these measures, the State encouraged drone use for public benefit, supported commercial drone operations, and allowed for a smoother transition period for drone compliance. Additionally, the State stopped a couple of unfavorable pieces of legislation from the outset, and the one less favorable measure that passed still contains a sunset date recognizing the FAA’s authority.  

In passing favorable legislation with outcomes that AUVSI supports and working with industry to ensure smart policy, Florida set themselves apart from the pack with an exceptional legislative session. 

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