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. 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 (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.— 56 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 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.