Florida Senate - 2021                                     SB 518
       By Senator Diaz
       36-00595-21                                            2021518__
    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 a state
    4         agency or political subdivision to include the
    5         assessment of damage due to natural disasters;
    6         reenacting s. 330.41(4)(c), F.S., relating to unmanned
    7         aircraft systems, to incorporate the amendment made to
    8         s. 934.50, F.S., in a reference thereto; providing an
    9         effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (3) of section 934.50, Florida
   14  Statutes, is amended, and paragraph (l) is added to subsection
   15  (4) of that section, to read:
   16         934.50 Searches and seizure using a drone.—
   17         (3) PROHIBITED USE OF DRONES.—Except as provided under
   18  subsection (4):
   19         (a) A law enforcement agency may not use a drone to gather
   20  evidence or other information.
   21         (b) A person, a state agency, or a political subdivision as
   22  defined in s. 11.45 may not use a drone equipped with an imaging
   23  device to record an image of privately owned real property or of
   24  the owner, tenant, occupant, invitee, or licensee of such
   25  property with the intent to conduct surveillance on the
   26  individual or property captured in the image in violation of
   27  such person’s reasonable expectation of privacy without his or
   28  her written consent. For purposes of this section, a person is
   29  presumed to have a reasonable expectation of privacy on his or
   30  her privately owned real property if he or she is not observable
   31  by persons located at ground level in a place where they have a
   32  legal right to be, regardless of whether he or she is observable
   33  from the air with the use of a drone.
   34         (4) EXCEPTIONS.—This section does not prohibit the use of a
   35  drone:
   36         (l) By a state agency or political subdivision for the
   37  assessment of damage due to a hurricane, a flood, a wildfire, or
   38  any other natural disaster.
   39         Section 2. For the purpose of incorporating the amendment
   40  made by this act to section 934.50, Florida Statutes, in a
   41  reference thereto, paragraph (c) of subsection (4) of section
   42  330.41, Florida Statutes, is reenacted to read:
   43         330.41 Unmanned Aircraft Systems Act.—
   45         (c) This subsection does not apply to actions identified in
   46  paragraph (a) which are committed by:
   47         1. A federal, state, or other governmental entity, or a
   48  person under contract or otherwise acting under the direction of
   49  a federal, state, or other governmental entity.
   50         2. A law enforcement agency that is in compliance with s.
   51  934.50, or a person under contract with or otherwise acting
   52  under the direction of such law enforcement agency.
   53         3. An owner, operator, or occupant of the critical
   54  infrastructure facility, or a person who has prior written
   55  consent of such owner, operator, or occupant.
   56         Section 3. This act shall take effect July 1, 2021.