2021 Legislature              CS for CS for SB 44, 1st Engrossed
    2         An act relating to the use of drones by government
    3         agencies; amending s. 934.50, F.S.; expanding the
    4         authorized uses of drones by law enforcement agencies
    5         and other specified entities for specified purposes;
    6         providing definitions; requiring the Department of
    7         Management Services, in consultation with a specified
    8         officer, to publish a list of approved drone
    9         manufacturers meeting specified security standards;
   10         authorizing the department to consult specified
   11         entities and guidance in developing the list;
   12         requiring a governmental agency to use a drone from
   13         the approved list; requiring specified governmental
   14         agencies to submit a specified plan; requiring the
   15         department to adopt certain rules; requiring
   16         governmental agencies to discontinue the use of
   17         specified drones by a certain date; requiring the
   18         department to establish minimum security standards for
   19         governmental agency drone use; authorizing the
   20         department to consult specified agencies in
   21         establishing the rules; reenacting s. 330.41(4)(c),
   22         F.S., relating to unmanned aircraft systems, to
   23         incorporate the amendment made to s. 934.50, F.S., in
   24         a reference thereto; providing an effective date.
   26  Be It Enacted by the Legislature of the State of Florida:
   28         Section 1. Paragraphs (d) through (k) of subsection (4) of
   29  section 934.50, Florida Statutes, are redesignated as paragraphs
   30  (i) through (p), respectively, paragraph (a) of subsection (3)
   31  is amended, new paragraphs (d) through (h) are added to
   32  subsection (4), and subsection (7) is added to that section, to
   33  read:
   34         934.50 Searches and seizure using a drone.—
   35         (3) PROHIBITED USE OF DRONES.—
   36         (a) A law enforcement agency may not use a drone to gather
   37  evidence or other information, except as provided in subsection
   38  (4).
   39         (4) EXCEPTIONS.—This section does not prohibit the use of a
   40  drone:
   41         (d) To provide a law enforcement agency with an aerial
   42  perspective of a crowd of 50 people or more, provided that:
   43         1. The law enforcement agency that uses the drone to
   44  provide an aerial perspective of a crowd of 50 people or more
   45  must have policies and procedures that include guidelines:
   46         a. For the agency’s use of a drone.
   47         b. For the proper storage, retention, and release of any
   48  images or video captured by the drone.
   49         c. That address the personal safety and constitutional
   50  protections of the people being observed.
   51         2. The head of the law enforcement agency using the drone
   52  for this purpose must provide written authorization for such use
   53  and must maintain a copy on file at the agency.
   54         (e) To assist a law enforcement agency with traffic
   55  management; however, a law enforcement agency acting under this
   56  paragraph may not issue a traffic infraction citation based on
   57  images or video captured by a drone.
   58         (f) To facilitate a law enforcement agency’s collection of
   59  evidence at a crime scene or traffic crash scene.
   60         (g) By a state agency or political subdivision for:
   61         1. The assessment of damage due to a flood, a wildfire, or
   62  any other natural disaster that is the subject of a state of
   63  emergency declared by the state or by a political subdivision,
   64  before the expiration of the emergency declaration.
   65         2. Vegetation or wildlife management on publicly owned land
   66  or water.
   67         (h) By certified fire department personnel to perform tasks
   68  within the scope and practice authorized under their
   69  certifications.
   71         (a) As used in this subsection, the term:
   72         1. “Department” means the Department of Management
   73  Services.
   74         2. “Governmental agency” means any state, county, local, or
   75  municipal governmental entity or any unit of government created
   76  or established by law that uses a drone for any purpose.
   77         (b) By January 1, 2022, the department, in consultation
   78  with the state chief information officer, shall publish on the
   79  department’s website a list of approved manufacturers whose
   80  drones may be purchased or otherwise acquired and used by a
   81  governmental agency under this section. An approved manufacturer
   82  must provide appropriate safeguards to protect the
   83  confidentiality, integrity, and availability of data collected,
   84  transmitted, or stored by a drone. The department may consult
   85  state and federal agencies and any relevant federal guidance in
   86  developing the list of approved manufacturers required under
   87  this paragraph.
   88         (c) Beginning on the date the department publishes the list
   89  of approved drone manufacturers under paragraph (b), a
   90  governmental agency may only purchase or otherwise acquire a
   91  drone from an approved manufacturer.
   92         (d) By July 1, 2022, a governmental agency that uses any
   93  drone not produced by an approved manufacturer shall submit to
   94  the department a comprehensive plan for discontinuing the use of
   95  such a drone. The department shall adopt rules identifying the
   96  requirements of the comprehensive plan required under this
   97  paragraph.
   98         (e) By January 1, 2023, all governmental agencies must
   99  discontinue the use of drones not produced by an approved
  100  manufacturer. The department shall establish by rule, consistent
  101  with any federal guidance on drone security, minimum security
  102  requirements for governmental agency drone use to protect the
  103  confidentiality, integrity, and availability of data collected,
  104  transmitted, or stored by a drone. The department may consult
  105  federal agencies in establishing the minimum security
  106  requirements required under this paragraph.
  107         Section 2. For the purpose of incorporating the amendment
  108  made by this act to section 934.50, Florida Statutes, in a
  109  reference thereto, paragraph (c) of subsection (4) of section
  110  330.41, Florida Statutes, is reenacted to read:
  111         330.41 Unmanned Aircraft Systems Act.—
  113         (c) This subsection does not apply to actions identified in
  114  paragraph (a) which are committed by:
  115         1. A federal, state, or other governmental entity, or a
  116  person under contract or otherwise acting under the direction of
  117  a federal, state, or other governmental entity.
  118         2. A law enforcement agency that is in compliance with s.
  119  934.50, or a person under contract with or otherwise acting
  120  under the direction of such law enforcement agency.
  121         3. An owner, operator, or occupant of the critical
  122  infrastructure facility, or a person who has prior written
  123  consent of such owner, operator, or occupant.
  124         Section 3. This act shall take effect July 1, 2021.