Florida Senate - 2021 CS for CS for SB 44 By the Committees on Rules; and Criminal Justice; and Senator Wright 595-02409-21 202144c2 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, provided that: 40 1. The law enforcement agency that uses the drone to 41 provide an aerial perspective of a crowd of 50 people or more 42 must have policies and procedures that include guidelines: 43 a. For the agency’s use of a drone; 44 b. For the proper storage, retention, and release of any 45 images or video captured by the drone; and 46 c. That address the personal safety and constitutional 47 protections of the people being observed. 48 2. The head of the law enforcement agency using the drone 49 for this purpose must provide written authorization for such use 50 and must maintain a copy on file at the agency. 51 (e) To assist a law enforcement agency with traffic 52 management; however, a law enforcement agency acting under this 53 paragraph may not issue a traffic infraction citation based on 54 any images or video captured by a drone. 55 (f) To facilitate a law enforcement agency’s collection of 56 evidence at a crime scene or traffic crash scene. 57 (g) By a state agency or political subdivision for the 58 assessment of damage due to a flood, a wildfire, or any other 59 natural disaster or for vegetation or wildlife management on 60 publicly owned land or water. 61 (h) By certified fire department personnel to perform tasks 62 within the scope and practice authorized under their 63 certifications. 64 Section 2. For the purpose of incorporating the amendment 65 made by this act to section 934.50, Florida Statutes, in a 66 reference thereto, paragraph (c) of subsection (4) of section 67 330.41, Florida Statutes, is reenacted to read: 68 330.41 Unmanned Aircraft Systems Act.— 69 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 70 (c) This subsection does not apply to actions identified in 71 paragraph (a) which are committed by: 72 1. A federal, state, or other governmental entity, or a 73 person under contract or otherwise acting under the direction of 74 a federal, state, or other governmental entity. 75 2. A law enforcement agency that is in compliance with s. 76 934.50, or a person under contract with or otherwise acting 77 under the direction of such law enforcement agency. 78 3. An owner, operator, or occupant of the critical 79 infrastructure facility, or a person who has prior written 80 consent of such owner, operator, or occupant. 81 Section 3. This act shall take effect July 1, 2021.