Florida Senate - 2021                               CS for SB 44
       By the Committee on Criminal Justice; and Senator Wright
       591-01264-21                                            202144c1
    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.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Present paragraphs (d) through (k) of subsection
   14  (4) of section 934.50, Florida Statutes, are redesignated as
   15  paragraphs (h) through (o), respectively, new paragraphs (d)
   16  through (g) 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 assist a law enforcement agency with traffic
   39  management; however, a law enforcement agency acting under this
   40  paragraph may not issue a traffic infraction citation based on
   41  images or video captured by a drone.
   42         (e)To facilitate a law enforcement agency’s collection of
   43  evidence at a crime scene or traffic crash scene.
   44         (f)By a state agency or political subdivision for the
   45  assessment of damage due to a flood, a wildfire, or any other
   46  natural disaster or for vegetation or wildlife management on
   47  publicly owned land or water.
   48         (g)By certified fire department personnel to perform tasks
   49  within the scope and practice authorized under their
   50  certifications.
   51         Section 2. For the purpose of incorporating the amendment
   52  made by this act to section 934.50, Florida Statutes, in a
   53  reference thereto, paragraph (c) of subsection (4) of section
   54  330.41, Florida Statutes, is reenacted to read:
   55         330.41 Unmanned Aircraft Systems Act.—
   57         (c) This subsection does not apply to actions identified in
   58  paragraph (a) which are committed by:
   59         1. A federal, state, or other governmental entity, or a
   60  person under contract or otherwise acting under the direction of
   61  a federal, state, or other governmental entity.
   62         2. A law enforcement agency that is in compliance with s.
   63  934.50, or a person under contract with or otherwise acting
   64  under the direction of such law enforcement agency.
   65         3. An owner, operator, or occupant of the critical
   66  infrastructure facility, or a person who has prior written
   67  consent of such owner, operator, or occupant.
   68         Section 3. This act shall take effect July 1, 2021.