Florida Senate - 2015                             CS for SB 1178
       By the Committee on Criminal Justice; and Senator Richter
       591-04008-15                                          20151178c1
    1                        A bill to be entitled                      
    2         An act relating to drone privacy; creating s. 330.60,
    3         F.S.; providing a short title; defining terms;
    4         specifying situations in or purposes for which it is
    5         lawful to capture an image with a drone; prohibiting
    6         the use of a drone to capture an image of an
    7         individual or privately owned real property in certain
    8         circumstances; prohibiting the possession, disclosure,
    9         display, distribution, or use of such illegally
   10         captured images; providing exceptions; providing
   11         applicability; requiring the Department of
   12         Transportation to review the potential impact on
   13         public safety from commercial applications of unmanned
   14         aerial systems and submit a report, in coordination
   15         with the Office of Insurance Regulation, to the
   16         Governor and the Legislature by a certain date;
   17         specifying that this act only applies to images
   18         captured after a specified date; providing
   19         severability; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. Section 330.60, Florida Statutes, is created to
   24  read:
   25         330.60 Unmanned aerial systems.—
   26         (1) SHORT TITLE.—This act may be cited as the “Florida
   27  Privacy Act.”
   28         (2) DEFINITIONS.—As used in this section, the term:
   29         (a) “Conduct surveillance” means to monitor, track, or
   30  follow another person with the intent to intrude on the
   31  solitude, seclusion, or privacy of a person or a person’s
   32  property, if the intrusion is the primary intent and effect, and
   33  the use is not incidental to an otherwise lawful use.
   34         (b) “Drone” has the same meaning as provided in s. 934.50.
   35         (c) “Image” means any capturing of sound waves; thermal,
   36  infrared, ultraviolet, or visible light; or other
   37  electromagnetic waves or odor or other conditions existing on or
   38  about real property in this state or of an individual located on
   39  that property.
   40         (3) LAWFUL USES.—It is lawful to capture an image using a
   41  drone in this state:
   42         (a) For purposes of professional or scholarly research and
   43  development by a person acting on behalf of a college or
   44  university, as defined in s. 1005.02, including a person who is:
   45         1. A professor, employee, or student of the college or
   46  university; or
   47         2. Under contract with or otherwise acting under the
   48  direction or on behalf of the college or university;
   49         (b) In airspace designated as a test site or range
   50  authorized by the Federal Aviation Administration for the
   51  purpose of integrating drone systems into the national airspace;
   52         (c) As part of an operation, an exercise, or a mission of
   53  any branch of the United States military;
   54         (d) For the purpose of mapping by a satellite or by a drone
   55  operating as a commercial service authorized by the Federal
   56  Aviation Administration or under regulation adopted by the
   57  administration for commercial use;
   58         (e) If the image is captured by or for an electric or
   59  natural gas utility for:
   60         1. Operating and maintaining utility facilities, including
   61  facilities used in the generation, transmission, or distribution
   62  of electricity, gas, or water for the purpose of ensuring
   63  utility system reliability and integrity;
   64         2.Inspecting utility facilities to determine repair,
   65  maintenance, or replacement needs during and after construction
   66  of such facilities;
   67         3. Assessing vegetation growth for the purpose of
   68  maintaining clearances on utility easements or rights-of-way;
   69         4.Utility facility routing, siting, or permitting for the
   70  purpose of constructing utility facilities or providing utility
   71  service;
   72         5. Inspecting utility facilities to determine construction,
   73  repair, maintenance, or replacement needs before, during, and
   74  after construction of such facilities; or
   75         6. Conducting environmental monitoring, as provided by
   76  federal, state, or local law, rule, or permit;
   77         (f) With the consent of the individual who owns or lawfully
   78  occupies the real property captured in the image;
   79         (g) If the image is captured by a law enforcement agency in
   80  compliance with s. 934.50(4);
   81         (h) If the image is captured by state or local law
   82  enforcement authorities, or a person who is under contract with
   83  or otherwise acting under the direction or on behalf of such
   84  authorities, for the purpose of:
   85         1. Surveying the scene of a catastrophe or other damage to
   86  determine whether a state of emergency should be declared;
   87  before, during, and after manmade or natural disasters; or in
   88  exercises with local, state, or federal organizations that have
   89  emergency management roles and missions;
   90         2. Preserving public safety, protecting property, or
   91  surveying damage or contamination during a lawfully declared
   92  state of emergency; or
   93         3. Conducting routine air quality sampling and monitoring,
   94  as provided by state or local law;
   95         (i) At the scene of a spill, or a suspected spill, of
   96  hazardous materials;
   97         (j) For the purpose of fire suppression;
   98         (k) For the purpose of rescuing a person whose life or
   99  well-being is in imminent danger;
  100         (l) If the image is captured by a real estate broker
  101  licensed in this state in connection with the marketing, sale,
  102  or financing of real property, provided that no individual is
  103  identifiable in the image;
  104         (m) Of real property or a person on real property that is
  105  within 25 miles of the United States border;
  106         (n) From a height of no more than 8 feet above ground level
  107  in a public place, if the image was captured without using any
  108  electronic, mechanical, or other means to amplify the image
  109  beyond normal human perception;
  110         (o) Of public real property or a person on such property;
  111         (p) If the image is captured by the owner or operator of an
  112  oil, gas, water, or other pipeline for the purpose of
  113  inspecting, maintaining, or repairing the pipeline or other
  114  related facility, provided that the image is captured without
  115  the intent to conduct surveillance on an individual or real
  116  property located in this state;
  117         (q) In connection with oil pipeline safety and rig
  118  protection;
  119         (r) In connection with port authority surveillance and
  120  security;
  121         (s) If the image is captured in connection with a claim
  122  handling or underwriting practice or procedure of a Florida
  123  licensed insurer, an eligible surplus lines insurer, an
  124  accredited reinsurer, or a joint underwriting association;
  125         (t) If the image is captured by the owner or developer of
  126  real property in connection with the development, marketing,
  127  sale, or financing of such real property, provided that no
  128  individual is identifiable in the image;
  129         (u) For any other lawful commercial use by a commercial
  130  entity; or
  131         (v) As a part of a commercial drone service that is lawful
  132  and permitted under federal law or with authorization from the
  133  Federal Aviation Administration.
  134         (4) ILLEGAL USE OF DRONE TO CAPTURE IMAGE.—Except as
  135  provided in subsection (3), a person may not use a drone to
  136  capture an image of an individual or privately owned real
  137  property in this state with the intent to conduct surveillance
  138  on the individual or property captured in the image.
  140  OF IMAGE.—A person may not:
  141         (a) Capture an image in violation of subsection (4);
  142  and
  143         (b) Possess, disclose, display, distribute, or otherwise
  144  use that image.
  147         (a) Except as otherwise provided in paragraph (b), an image
  148  captured in violation of subsection (4), or an image captured by
  149  a drone which was incidental to the lawful capturing of an
  150  image:
  151         1. May not be used as evidence in any criminal or juvenile
  152  proceeding, civil action, or administrative proceeding; and
  153         2. Is not subject to discovery, subpoena, or other means of
  154  legal compulsion for its release.
  155         (b) An image described in paragraph (a) may be disclosed
  156  and used as evidence in a prosecution for any violation of this
  157  section and is subject to discovery, subpoena, or other means of
  158  legal compulsion for that purpose.
  159         (7) APPLICABILITY.—This section does not apply to the
  160  manufacture, assembly, distribution, or sale of a drone.
  161         (8) REPORT.—The Department of Transportation is directed to
  162  review potential impacts on public safety originating from
  163  commercial applications of unmanned aerial systems. The
  164  department, in coordination with the Office of Insurance
  165  Regulation, is directed to make recommendations addressing the
  166  appropriate amount of liability insurance to be carried by
  167  operators of unmanned aerial systems used in commercial
  168  applications in this state. The department shall submit a report
  169  to the Governor, the President of the Senate, and the Speaker of
  170  the House of Representatives by January 1, 2016, outlining the
  171  department’s and the office’s recommendations.
  172         Section 2. Section 330.60, Florida Statutes, as created by
  173  this act, applies only to images captured on or after October 1,
  174  2015.
  175         Section 3. If any provision of this act or its application
  176  to any person or circumstance is held invalid, the invalidity
  177  does not affect other provisions or applications of the act
  178  which can be given effect without the invalid provision or
  179  application, and to this end the provisions of this act are
  180  severable.
  181         Section 4. This act shall take effect October 1, 2015.