Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 766
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2015           .                                

       The Committee on Appropriations (Hukill) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete lines 55 - 105
    4  and insert:
    5         (e) “Surveillance” means:
    6         1. With respect to an owner, tenant, occupant, invitee, or
    7  licensee of privately owned real property, the observation of
    8  such persons with sufficient visual clarity to be able to obtain
    9  information about their identity, habits, conduct, movements, or
   10  whereabouts; or
   11         2. With respect to privately owned real property, the
   12  observation of such property’s physical improvements with
   13  sufficient visual clarity to be able to determine unique
   14  identifying features or its occupancy by one or more persons.
   15         (3) PROHIBITED USE OF DRONES.—
   16         (a) A law enforcement agency may not use a drone to gather
   17  evidence or other information.
   18         (b) A person, a state agency, or a political subdivision as
   19  defined in s. 11.45 may not use a drone equipped with an imaging
   20  device to record an image of privately owned real property or of
   21  the owner, tenant, occupant, invitee, or licensee of such
   22  property with the intent to conduct surveillance on the
   23  individual or property captured in the image in violation of
   24  such person’s reasonable expectation of privacy without his or
   25  her written consent. For purposes of this section, a person is
   26  presumed to have a reasonable expectation of privacy on his or
   27  her privately owned real property if he or she is not observable
   28  by persons located at ground level in a place where they have a
   29  legal right to be, regardless of whether he or she is observable
   30  from the air with the use of a drone. This paragraph is not
   31  intended to limit or restrict the application of federal law to
   32  the use of drones.
   33         (4) EXCEPTIONS.—This section act does not prohibit the use
   34  of a drone:
   35         (a) To counter a high risk of a terrorist attack by a
   36  specific individual or organization if the United States
   37  Secretary of Homeland Security determines that credible
   38  intelligence indicates that there is such a risk.
   39         (b) If the law enforcement agency first obtains a search
   40  warrant signed by a judge authorizing the use of a drone.
   41         (c) If the law enforcement agency possesses reasonable
   42  suspicion that, under particular circumstances, swift action is
   43  needed to prevent imminent danger to life or serious damage to
   44  property, to forestall the imminent escape of a suspect or the
   45  destruction of evidence, or to achieve purposes including, but
   46  not limited to, facilitating the search for a missing person.
   47         (d) By a person or an entity engaged in a business or
   48  profession licensed by the state, or by an agent, employee, or
   49  contractor thereof, if the drone is used only to perform
   50  reasonable tasks within the scope of practice or activities
   51  permitted under such person’s or entity’s license. However, this
   52  exception does not apply to a profession in which the licensee’s
   53  authorized scope of practice includes obtaining information
   54  about the identity, habits, conduct, movements, whereabouts,
   55  affiliations, associations, transactions, reputation, or
   56  character of any society, person, or group of persons.
   57         (e) By an employee or a contractor of a property appraiser
   58  who uses a drone solely for the purpose of assessing property
   59  for ad valorem taxation.
   60         (f) To capture images by or for an electric, water, or
   61  natural gas utility:
   62         1. For operations and maintenance of utility facilities,
   63  including facilities used in the generation, transmission, or
   64  distribution of electricity, gas, or water, for the purpose of
   65  maintaining utility system reliability and integrity;
   66         2. For inspecting utility facilities, including pipelines,
   67  to determine construction, repair, maintenance, or replacement
   68  needs before, during, and after construction of such facilities;
   69         3. For assessing vegetation growth for the purpose of
   70  maintaining clearances on utility rights-of­way;
   71         4. For utility routing, siting, and permitting for the
   72  purpose of constructing utility facilities or providing utility
   73  service; or
   74         5. For conducting environmental monitoring, as provided by
   75  federal, state, or local law, rule, or permit.
   76         (5) REMEDIES FOR VIOLATION.—
   77         (a) An aggrieved party may initiate a civil action against
   78  a law enforcement agency to obtain all appropriate relief in
   79  order to prevent or remedy a violation of this section act.
   80         (b) The owner, tenant, occupant, invitee, or licensee of
   81  privately owned real property may initiate a civil
   82  ================= T I T L E  A M E N D M E N T ================
   83  And the title is amended as follows:
   84         Delete line 16
   85  and insert:
   86         assessing property for ad valorem taxation;
   87         authorizing the use of a drone by or on behalf of
   88         certain utilities for specified purposes; providing