Florida Senate - 2021                        CS for CS for SB 44
       By the Committees on Rules; and Criminal Justice; and Senator
       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.
   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 (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.—
   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.