Florida Senate - 2013 SB 92 By Senator Negron 32-00026A-13 201392__ 1 A bill to be entitled 2 An act relating to searches and seizures; creating the 3 “Freedom from Unwarranted Surveillance Act”; defining 4 the terms “drone” and “law enforcement agency”; 5 prohibiting a law enforcement agency from using a 6 drone to gather evidence or other information; 7 providing an exception; authorizing an aggrieved party 8 to initiate a civil action in order to prevent or 9 remedy a violation of the act; prohibiting a law 10 enforcement agency from using in any court of law in 11 this state evidence obtained or collected in violation 12 of the act; providing an effective date. 13 14 Be It Enacted by the Legislature of the State of Florida: 15 16 Section 1. Searches and seizure using a drone.— 17 (1) SHORT TITLE.—This act may be cited as the “Freedom from 18 Unwarranted Surveillance Act.” 19 (2) DEFINITIONS.—As used in this act, the term: 20 (a) “Drone” means a powered, aerial vehicle that: 21 1. Does not carry a human operator; 22 2. Uses aerodynamic forces to provide vehicle lift; 23 3. Can fly autonomously or be piloted remotely; 24 4. Can be expendable or recoverable; and 25 5. Can carry a lethal or nonlethal payload. 26 (b) “Law enforcement agency” means a lawfully established 27 state or local public agency that is responsible for the 28 prevention and detection of crime and the enforcement of penal, 29 traffic, regulatory, game, or controlled substance laws. 30 (3) PROHIBITED USE OF DRONES.—A law enforcement agency may 31 not use a drone to gather evidence or other information. 32 (4) EXCEPTIONS.—This act does not prohibit the use of a 33 drone to counter a high risk of a terrorist attack by a specific 34 individual or organization if the United States Secretary of 35 Homeland Security determines that credible intelligence 36 indicates that there is such a risk. 37 (5) REMEDIES FOR VIOLATION.—An aggrieved party may initiate 38 a civil action against a law enforcement agency to obtain all 39 appropriate relief in order to prevent or remedy a violation of 40 this act. 41 (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or 42 collected in violation of this act is not admissible as evidence 43 in a criminal prosecution in any court of law in this state. 44 Section 2. This act shall take effect July 1, 2013.