Florida Senate - 2021 SB 44 By Senator Wright 14-00249A-21 202144__ 1 A bill to be entitled 2 An act relating to drones; amending s. 934.50, F.S.; 3 expanding the authorized uses of drones by law 4 enforcement agencies, by a state agency or political 5 subdivision, or by certified fire department personnel 6 for specified purposes; reenacting s. 330.41(4)(c), 7 F.S., relating to unmanned aircraft systems, to 8 incorporate the amendment made to s. 934.50, F.S., in 9 a reference thereto; providing an effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Present paragraphs (d) through (k) of subsection 14 (4) of section 934.50, Florida Statutes, are redesignated as 15 paragraphs (i) through (p), respectively, new paragraphs (d) 16 through (h) are added to that subsection, and subsection (3) of 17 that section is amended, to read: 18 934.50 Searches and seizure using a drone.— 19 (3) PROHIBITED USE OF DRONES.—Except as provided in 20 subsection (4): 21 (a) A law enforcement agency may not use a drone to gather 22 evidence or other information. 23 (b) A person, a state agency, or a political subdivision as 24 defined in s. 11.45 may not use a drone equipped with an imaging 25 device to record an image of privately owned real property or of 26 the owner, tenant, occupant, invitee, or licensee of such 27 property with the intent to conduct surveillance on the 28 individual or property captured in the image in violation of 29 such person’s reasonable expectation of privacy without his or 30 her written consent. For purposes of this section, a person is 31 presumed to have a reasonable expectation of privacy on his or 32 her privately owned real property if he or she is not observable 33 by persons located at ground level in a place where they have a 34 legal right to be, regardless of whether he or she is observable 35 from the air with the use of a drone. 36 (4) EXCEPTIONS.—This section does not prohibit the use of a 37 drone: 38 (d) To provide a law enforcement agency with an aerial 39 perspective of a crowd of 50 people or more. 40 (e) To assist a law enforcement agency with traffic 41 management; however, a law enforcement agency acting under this 42 paragraph may not issue a traffic infraction citation based on 43 images or video captured by a drone. 44 (f) To facilitate a law enforcement agency’s collection of 45 evidence at a crime scene or traffic crash scene. 46 (g) By a state agency or political subdivision for the 47 assessment of damage due to a flood, a wildfire, or any other 48 natural disaster or for vegetation or wildlife management on 49 publicly owned land or water. 50 (h) By certified fire department personnel to perform tasks 51 within the scope and practice authorized under their 52 certifications. 53 Section 2. For the purpose of incorporating the amendment 54 made by this act to section 934.50, Florida Statutes, in a 55 reference thereto, paragraph (c) of subsection (4) of section 56 330.41, Florida Statutes, is reenacted to read: 57 330.41 Unmanned Aircraft Systems Act.— 58 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 59 (c) This subsection does not apply to actions identified in 60 paragraph (a) which are committed by: 61 1. A federal, state, or other governmental entity, or a 62 person under contract or otherwise acting under the direction of 63 a federal, state, or other governmental entity. 64 2. A law enforcement agency that is in compliance with s. 65 934.50, or a person under contract with or otherwise acting 66 under the direction of such law enforcement agency. 67 3. An owner, operator, or occupant of the critical 68 infrastructure facility, or a person who has prior written 69 consent of such owner, operator, or occupant. 70 Section 3. This act shall take effect July 1, 2021.