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. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 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.— 44 (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— 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.