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. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 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. 139 (5) POSSESSION, DISCLOSURE, DISPLAY, DISTRIBUTION, OR USE 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. 145 (6) ILLEGALLY OR INCIDENTALLY CAPTURED IMAGES NOT SUBJECT 146 TO DISCLOSURE.— 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.