Florida Senate - 2015                                    SB 1178
       
       
        
       By Senator Richter
       
       
       
       
       
       23-00818-15                                           20151178__
    1                        A bill to be entitled                      
    2         An act relating to drone surveillance; providing a
    3         short title; amending s. 934.50, F.S.; conforming a
    4         cross-reference for purposes of a short title;
    5         requiring the Department of Law Enforcement to develop
    6         guidelines for the use of drones by state or local law
    7         enforcement agencies; requiring such law enforcement
    8         agencies to annually report to the department, and
    9         requiring the department to annually report to the
   10         Governor and Legislature, regarding drone usage;
   11         creating s. 934.55, F.S.; providing definitions;
   12         specifying situations in which it is lawful to capture
   13         an image with a drone; prohibiting the capture of an
   14         image of an individual or privately owned real
   15         property using a drone in certain circumstances;
   16         providing criminal penalties; prohibiting possession,
   17         disclosure, display, distribution, or use of such
   18         illegally captured images; providing criminal
   19         penalties; providing defenses to prosecution;
   20         prohibiting the use or discovery of such images in
   21         legal proceedings; providing exceptions; providing for
   22         civil actions for damages relating to violations;
   23         providing for court costs and attorney fees;
   24         specifying a limitations period for such actions;
   25         providing applicability; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. This act may be cited as the “Florida Drone
   30  Privacy Act.”
   31         Section 2. Subsection (1) of section 934.50, Florida
   32  Statutes, is amended, and subsections (7) and (8) are added to
   33  that section, to read:
   34         934.50 Law enforcement use of drones Searches and seizure
   35  using a drone.—
   36         (1) SHORT TITLE.—This section act may be cited as the
   37  “Freedom from Unwarranted Surveillance Act.”
   38         (7) GUIDELINES.—The Department of Law Enforcement shall
   39  adopt guidelines for the use of a drone by state or local law
   40  enforcement agencies in accordance with this section.
   41         (8) REPORTING.—
   42         (a) Each January 15, a state law enforcement agency and a
   43  county or municipal law enforcement agency located in a county
   44  or municipality, as applicable, with a population greater than
   45  150,000 that used or operated a drone during the preceding year
   46  shall report, to the extent such information is not exempt from
   47  disclosure under chapter 119, to the Department of Law
   48  Enforcement:
   49         1. The number of times a drone was used by that reporting
   50  entity, organized by date, time, location, and type of incident
   51  for each use.
   52         2. The number of criminal investigations aided by the use
   53  of a drone and a description of how the drone aided in each
   54  investigation.
   55         3. The number of times a drone was used for a law
   56  enforcement operation other than a criminal investigation, the
   57  dates and locations of those operations, and a description of
   58  how the drone aided in each operation.
   59         4. The type of information collected on the individual,
   60  residence, property, or area that was not the subject of a law
   61  enforcement operation and the frequency of the collection of
   62  this information.
   63         5. The total cost of acquiring, maintaining, repairing, and
   64  operating or otherwise using each drone for the preceding year.
   65         (b) Each April 1, the Department of Law Enforcement shall
   66  report to the Governor, the President of the Senate, and the
   67  Speaker of the House of Representatives, summarizing the
   68  information received under paragraph (a) concerning the use of
   69  drones in the state, including summary totals for each
   70  jurisdiction reporting the information received under paragraph
   71  (a).
   72         Section 3. Section 934.55, Florida Statutes, is created to
   73  read:
   74         934.55 Use of drones to capture images; generally.—
   75         (1) DEFINITIONS.—As used in this section, the term:
   76         (a) “Drone” has the same meaning as provided in s. 934.50.
   77         (b) “Image” means any capturing of sound waves; thermal,
   78  infrared, ultraviolet, or visible light; or other
   79  electromagnetic waves, odor, or other conditions existing on or
   80  about real property in this state or an individual located on
   81  that property.
   82         (2) APPLICABILITY.—
   83         (a) It is lawful to capture an image using a drone in this
   84  state:
   85         1. For purposes of professional or scholarly research and
   86  development by a person acting on behalf of a college or
   87  university, as defined in s. 1005.02, including a person who:
   88         a. Is a professor, employee, or student of the institution;
   89  or
   90         b. Is under contract with or otherwise acting under the
   91  direction or on behalf of the institution;
   92         2. In airspace designated as a test site or range
   93  authorized by the Federal Aviation Administration for the
   94  purpose of integrating drone systems into the national airspace;
   95         3. As part of an operation, an exercise, or a mission of
   96  any branch of the United States military;
   97         4. If the image is captured by a satellite for the purpose
   98  of mapping;
   99         5. If the image is captured by or for an electric or
  100  natural gas utility:
  101         a. For operations and maintenance of utility facilities for
  102  the purpose of maintaining utility system reliability and
  103  integrity;
  104         b. For inspecting utility facilities to determine repair,
  105  maintenance, or replacement needs during and after construction
  106  of such facilities;
  107         c. For assessing vegetation growth for the purpose of
  108  maintaining clearances on utility easements; and
  109         d. For utility facility routing and siting for the purpose
  110  of providing utility service;
  111         6. With the consent of the individual who owns or lawfully
  112  occupies the real property captured in the image;
  113         7. If the image is captured by a law enforcement agency in
  114  compliance with s. 934.50(4);
  115         8. If the image is captured by state or local law
  116  enforcement authorities, or a person who is under contract with
  117  or otherwise acting under the direction or on behalf of such
  118  authorities, for the purpose of:
  119         a. Surveying the scene of a catastrophe or other damage to
  120  determine whether a state of emergency should be declared,
  121  allowing for the use of drones before, during, and after manmade
  122  or natural disasters, and in exercises with local, state, and
  123  federal organizations that have emergency management roles and
  124  missions;
  125         b. Preserving public safety, protecting property, or
  126  surveying damage or contamination during a lawfully declared
  127  state of emergency; or
  128         c. Conducting routine air quality sampling and monitoring,
  129  as provided by state or local law;
  130         9. At the scene of a spill, or a suspected spill, of
  131  hazardous materials;
  132         10. For the purpose of fire suppression;
  133         11. For the purpose of rescuing a person whose life or
  134  well-being is in imminent danger;
  135         12. If the image is captured by a real estate broker
  136  licensed in this state in connection with the marketing, sale,
  137  or financing of real property, provided that no individual is
  138  identifiable in the image;
  139         13. Of real property or a person on real property that is
  140  within 25 miles of the United States border;
  141         14. From a height of no more than 8 feet above ground level
  142  in a public place, if the image was captured without using any
  143  electronic, mechanical, or other means to amplify the image
  144  beyond normal human perception;
  145         15. Of public real property or a person on such property;
  146         16. If the image is captured by the owner or operator of an
  147  oil, gas, water, or other pipeline for the purpose of
  148  inspecting, maintaining, or repairing the pipeline or other
  149  related facility, provided that the image is captured without
  150  the intent to conduct surveillance on an individual or real
  151  property located in this state;
  152         17. In connection with oil pipeline safety and rig
  153  protection; or
  154         18. In connection with port authority surveillance and
  155  security.
  156         (b) This section does not apply to the manufacture,
  157  assembly, distribution, or sale of a drone.
  158         (3) ILLEGAL USE OF DRONE TO CAPTURE IMAGE.—
  159         (a) A person violates this subsection if the person uses a
  160  drone to capture an image of an individual or privately owned
  161  real property in this state with the intent to conduct
  162  surveillance on the individual or property captured in the
  163  image.
  164         (b) A violation of this subsection is a misdemeanor of the
  165  second degree, punishable as provided in s. 775.082 or s.
  166  775.083.
  167         (c) It is a defense to prosecution under this subsection
  168  that the person destroyed the image as soon as the person had
  169  knowledge that the image was captured in violation of this
  170  subsection and did so without disclosing, displaying, or
  171  distributing the image to a third party.
  172         (4) POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE
  173  OF IMAGE.—
  174         (a) A person violates this subsection if the person:
  175         1. Captures an image in violation of subsection (3);
  176  and
  177         2. Possesses, discloses, displays, distributes, or
  178  otherwise uses that image.
  179         (b)1. A violation of paragraph (a) for the possession of an
  180  image is a misdemeanor of the second degree, punishable as
  181  provided in s. 775.082 or s. 775.083.
  182         2. A violation of paragraph (a) for the disclosure,
  183  display, distribution, or other use of an image is a misdemeanor
  184  of the first degree, punishable as provided in s. 775.082 or s.
  185  775.083.
  186         (c) Each image that a person possesses, discloses,
  187  displays, distributes, or otherwise uses in violation of this
  188  subsection is a separate offense.
  189         (d) It is a defense to prosecution under this subsection
  190  for the possession of an image that the person destroyed as soon
  191  as the person had knowledge that the image was captured in
  192  violation of subsection (3).
  193         (e) It is a defense to prosecution under this subsection
  194  for the disclosure, display, distribution, or other use of an
  195  image that the person stopped disclosing, displaying,
  196  distributing, or otherwise using the image as soon as the person
  197  had knowledge that the image was captured in violation of
  198  subsection (3).
  199         (5) ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT
  200  TO DISCLOSURE.—
  201         (a) Except as otherwise provided in paragraph (b), an image
  202  captured in violation of subsection (3), or an image captured by
  203  a drone that was incidental to the lawful capturing of an image:
  204         1. May not be used as evidence in any criminal or juvenile
  205  proceeding, civil action, or administrative proceeding; and
  206         2. Is not subject to discovery, subpoena, or other means of
  207  legal compulsion for its release.
  208         (b) An image described in paragraph (a) may be disclosed
  209  and used as evidence in a prosecution for any violation of this
  210  section and is subject to discovery, subpoena, or other means of
  211  legal compulsion for that purpose.
  212         (6) CIVIL ACTION.—
  213         (a) An owner or tenant of privately owned real property
  214  located in this state may bring against a person, who in
  215  violation of subsection (3) captured an image of the property or
  216  the owner or tenant while on the property, an action to:
  217         1. Enjoin a violation or imminent violation of subsection
  218  (3) or subsection (4).
  219         2. Recover a civil penalty of:
  220         a. Five thousand dollars for all images captured in a
  221  single episode in violation of subsection (3); or
  222         b. Ten thousand dollars for disclosure, display,
  223  distribution, or other use of all images captured in a single
  224  episode in violation of subsection (4).
  225         3. Recover actual damages if the person who captured the
  226  image in violation of subsection (3) discloses, displays, or
  227  distributes the image with malice.
  228         (b) For purposes of recovering the civil penalty or actual
  229  damages under paragraph (a), all owners of a parcel of real
  230  property are considered to be a single owner and all tenants of
  231  a parcel of real property are considered to be a single tenant.
  232         (c) In addition to any civil penalties authorized under
  233  this subsection, the court shall award court costs and
  234  reasonable attorney fees to the prevailing party.
  235         (d) Notwithstanding s. 95.11, an action brought under this
  236  subsection must be commenced within 2 years after the date that
  237  the image was:
  238         1. Captured in violation of subsection (3); and
  239         2. Initially disclosed, displayed, distributed, or
  240  otherwise used in violation of subsection (4).
  241         Section 4. Section 934.55, Florida Statutes, as created by
  242  this act, applies only to images captured on or after October 1,
  243  2015.
  244         Section 5. This act shall take effect October 1, 2015.