Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SB 1178
Ì193802ÈÎ193802
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/14/2015 .
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The Committee on Criminal Justice (Brandes) recommended the
following:
1 Senate Substitute for Amendment (133542) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. Section 330.60, Florida Statutes, is created to
7 read:
8 330.60 Unmanned aerial systems.—
9 (1) SHORT TITLE.—This act may be cited as the “Florida
10 Privacy Act.”
11 (2) DEFINITIONS.—As used in this section, the term:
12 (a) “Conduct surveillance” means the willful act of
13 monitoring, tracking, or following that intrudes upon the
14 solitude or seclusion of a person or a person’s property, where
15 the intrusion is the primary intent and effect of the act and is
16 not incident to an otherwise lawful use.
17 (b) “Drone” has the same meaning as provided in s. 934.50.
18 (c) “Image” means any capturing of sound waves; thermal,
19 infrared, ultraviolet, or visible light; or other
20 electromagnetic waves or odor or other conditions existing on or
21 about real property in this state or of an individual located on
22 that property.
23 (3) LAWFUL USES.—It is lawful to capture an image using a
24 drone in this state:
25 (a) For purposes of professional or scholarly research and
26 development by a person acting on behalf of a college or
27 university, as defined in s. 1005.02, including a person who is:
28 1. A professor, employee, or student of the college or
29 university; or
30 2. Under contract with or otherwise acting under the
31 direction or on behalf of the college or university;
32 (b) In airspace designated as a test site or range
33 authorized by the Federal Aviation Administration for the
34 purpose of integrating drone systems into the national airspace;
35 (c) As part of an operation, an exercise, or a mission of
36 any branch of the United States military;
37 (d) For the purpose of mapping by a satellite or by a drone
38 operating as a commercial service authorized by the Federal
39 Aviation Administration or under regulation adopted by the
40 administration for commercial use;
41 (e) If the image is captured by or for an electric or
42 natural gas utility for:
43 1. Operating and maintaining utility facilities, including
44 facilities used in the generation, transmission, or distribution
45 of electricity, gas, or water for the purpose of ensuring
46 utility system reliability and integrity;
47 2. Inspecting utility facilities to determine repair,
48 maintenance, or replacement needs during and after construction
49 of such facilities;
50 3. Assessing vegetation growth for the purpose of
51 maintaining clearances on utility easements or rights-of-way;
52 4. Utility facility routing, siting, or permitting for the
53 purpose of constructing utility facilities or providing utility
54 service;
55 5. Inspecting utility facilities to determine construction,
56 repair, maintenance, or replacement needs before, during, and
57 after construction of such facilities; or
58 6. Conducting environmental monitoring, as provided by
59 federal, state, or local law, rule, or permit;
60 (f) With the consent of the individual who owns or lawfully
61 occupies the real property captured in the image;
62 (g) If the image is captured by a law enforcement agency in
63 compliance with s. 934.50(4);
64 (h) If the image is captured by state or local law
65 enforcement authorities, or a person who is under contract with
66 or otherwise acting under the direction or on behalf of such
67 authorities, for the purpose of:
68 1. Surveying the scene of a catastrophe or other damage to
69 determine whether a state of emergency should be declared;
70 before, during, and after manmade or natural disasters; or in
71 exercises with local, state, or federal organizations that have
72 emergency management roles and missions;
73 2. Preserving public safety, protecting property, or
74 surveying damage or contamination during a lawfully declared
75 state of emergency; or
76 3. Conducting routine air quality sampling and monitoring,
77 as provided by state or local law;
78 (i) At the scene of a spill, or a suspected spill, of
79 hazardous materials;
80 (j) For the purpose of fire suppression;
81 (k) For the purpose of rescuing a person whose life or
82 well-being is in imminent danger;
83 (l) If the image is captured by a real estate broker
84 licensed in this state in connection with the marketing, sale,
85 or financing of real property, provided that no individual is
86 identifiable in the image;
87 (m) Of real property or a person on real property that is
88 within 25 miles of the United States border;
89 (n) From a height of no more than 8 feet above ground level
90 in a public place, if the image was captured without using any
91 electronic, mechanical, or other means to amplify the image
92 beyond normal human perception;
93 (o) Of public real property or a person on such property;
94 (p) If the image is captured by the owner or operator of an
95 oil, gas, water, or other pipeline for the purpose of
96 inspecting, maintaining, or repairing the pipeline or other
97 related facility, provided that the image is captured without
98 the intent to conduct surveillance on an individual or real
99 property located in this state;
100 (q) In connection with oil pipeline safety and rig
101 protection;
102 (r) In connection with port authority surveillance and
103 security;
104 (s) If the image is captured in connection with a claim
105 handling or underwriting practice or procedure of a Florida
106 licensed insurer, an eligible surplus lines insurer, an
107 accredited reinsurer, or a joint underwriting association;
108 (t) If the image is captured by the owner or developer of
109 real property in connection with the development, marketing,
110 sale, or financing of such real property, provided that no
111 individual is identifiable in the image;
112 (u) For any other lawful commercial use by a commercial
113 entity; or
114 (v) As a part of a commercial drone service that is lawful
115 and permitted under federal law or with authorization from the
116 Federal Aviation Administration.
117 (4) ILLEGAL USE OF DRONE TO CAPTURE IMAGE.—Except as
118 provided in subsection (3), a person may not use a drone to
119 capture an image of an individual or privately owned real
120 property in this state with the intent to conduct surveillance
121 on the individual or property captured in the image.
122 (5) POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE
123 OF IMAGE.—A person may not:
124 (a) Capture an image in violation of subsection (4);
125 and
126 (b) Possess, disclose, display, distribute, or otherwise
127 use that image.
128 (6) ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT
129 TO DISCLOSURE.—
130 (a) Except as otherwise provided in paragraph (b), an image
131 captured in violation of subsection (4), or an image captured by
132 a drone which was incidental to the lawful capturing of an
133 image:
134 1. May not be used as evidence in any criminal or juvenile
135 proceeding, civil action, or administrative proceeding; and
136 2. Is not subject to discovery, subpoena, or other means of
137 legal compulsion for its release.
138 (b) An image described in paragraph (a) may be disclosed
139 and used as evidence in a prosecution for any violation of this
140 section and is subject to discovery, subpoena, or other means of
141 legal compulsion for that purpose.
142 (7) APPLICABILITY.—This section does not apply to the
143 manufacture, assembly, distribution, or sale of a drone.
144 (8) REPORT.—The Department of Transportation is directed to
145 review potential impacts on public safety originating from
146 commercial applications of unmanned aerial systems. The
147 department, in coordination with the Office of Insurance
148 Regulation, is directed to make recommendations addressing the
149 appropriate amount of liability insurance to be carried by
150 operators of unmanned aerial systems used in commercial
151 applications in this state. The department shall submit a report
152 to the Governor, the President of the Senate, and the Speaker of
153 the House of Representatives by January 1, 2016, outlining the
154 department’s and the office’s recommendations.
155 Section 2. Section 330.60, Florida Statutes, as created by
156 this act, applies only to images captured on or after October 1,
157 2015.
158 Section 3. If any provision of this act or its application
159 to any person or circumstance is held invalid, the invalidity
160 does not affect other provisions or applications of the act
161 which can be given effect without the invalid provision or
162 application, and to this end the provisions of this act are
163 severable.
164 Section 4. This act shall take effect October 1, 2015.
165 ================= T I T L E A M E N D M E N T ================
166 And the title is amended as follows:
167 Delete everything before the enacting clause
168 and insert:
169 A bill to be entitled
170 An act relating to drone privacy; creating s. 330.60,
171 F.S.; providing a short title; defining terms;
172 specifying situations in or purposes for which it is
173 lawful to capture an image with a drone; prohibiting
174 the use of a drone to capture an image of an
175 individual or privately owned real property in certain
176 circumstances; prohibiting the possession, disclosure,
177 display, distribution, or use of such illegally
178 captured images; providing exceptions; providing
179 applicability; requiring the Department of
180 Transportation to review the potential impact on
181 public safety from commercial applications of unmanned
182 aerial systems and submit a report, in coordination
183 with the Office of Insurance Regulation, to the
184 Governor and the Legislature by a certain date;
185 specifying that this act only applies to images
186 captured after a specified date; providing
187 severability; providing an effective date.