Bill Text: FL S0766 | 2015 | Regular Session | Enrolled
Bill Title: Surveillance by a Drone
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2015-05-15 - Chapter No. 2015-26 [S0766 Detail]
Download: Florida-2015-S0766-Enrolled.html
ENROLLED 2015 Legislature CS for CS for SB 766, 1st Engrossed 2015766er 1 2 An act relating to surveillance by a drone; amending 3 s. 934.50, F.S.; defining terms; prohibiting a person, 4 a state agency, or a political subdivision from using 5 a drone to capture an image of privately owned real 6 property or of the owner, tenant, occupant, invitee, 7 or licensee of such property with the intent to 8 conduct surveillance without his or her written 9 consent if a reasonable expectation of privacy exists; 10 specifying when a reasonable expectation of privacy 11 may be presumed; authorizing the use of a drone by a 12 person or entity engaged in a business or profession 13 licensed by the state in certain circumstances; 14 authorizing the use of a drone by an employee or 15 contractor of a property appraiser for the purpose of 16 assessing property for ad valorem taxation; 17 authorizing the use of a drone by or on behalf of 18 certain utilities for specified purposes; authorizing 19 the use of a drone for aerial mapping under certain 20 circumstances; authorizing the use of a drone for 21 delivering cargo under certain circumstances; 22 authorizing the use of a drone to capture certain 23 images under certain circumstances; providing that an 24 owner, tenant, occupant, invitee, or licensee may 25 initiate a civil action for compensatory damages and 26 may seek injunctive relief against a person, a state 27 agency, or a political subdivision that violates the 28 act; providing for construction; providing for the 29 recovery of attorney fees and punitive damages; 30 specifying that remedies provided by the act are 31 cumulative to other remedies; providing an effective 32 date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1. Section 934.50, Florida Statutes, is amended to 37 read: 38 934.50 Searches and seizure using a drone.— 39 (1) SHORT TITLE.—This act may be cited as the “Freedom from 40 Unwarranted Surveillance Act.” 41 (2) DEFINITIONS.—As used in this act, the term: 42 (a) “Drone” means a powered, aerial vehicle that: 43 1. Does not carry a human operator; 44 2. Uses aerodynamic forces to provide vehicle lift; 45 3. Can fly autonomously or be piloted remotely; 46 4. Can be expendable or recoverable; and 47 5. Can carry a lethal or nonlethal payload. 48 (b) “Image” means a record of thermal, infrared, 49 ultraviolet, visible light, or other electromagnetic waves; 50 sound waves; odors; or other physical phenomena which captures 51 conditions existing on or about real property or an individual 52 located on that property. 53 (c) “Imaging device” means a mechanical, digital, or 54 electronic viewing device; still camera; camcorder; motion 55 picture camera; or any other instrument, equipment, or format 56 capable of recording, storing, or transmitting an image. 57 (d)(b)“Law enforcement agency” means a lawfully 58 established state or local public agency that is responsible for 59 the prevention and detection of crime, local government code 60 enforcement, and the enforcement of penal, traffic, regulatory, 61 game, or controlled substance laws. 62 (e) “Surveillance” means: 63 1. With respect to an owner, tenant, occupant, invitee, or 64 licensee of privately owned real property, the observation of 65 such persons with sufficient visual clarity to be able to obtain 66 information about their identity, habits, conduct, movements, or 67 whereabouts; or 68 2. With respect to privately owned real property, the 69 observation of such property’s physical improvements with 70 sufficient visual clarity to be able to determine unique 71 identifying features or its occupancy by one or more persons. 72 (3) PROHIBITED USE OF DRONES.— 73 (a) A law enforcement agency may not use a drone to gather 74 evidence or other information. 75 (b) A person, a state agency, or a political subdivision as 76 defined in s. 11.45 may not use a drone equipped with an imaging 77 device to record an image of privately owned real property or of 78 the owner, tenant, occupant, invitee, or licensee of such 79 property with the intent to conduct surveillance on the 80 individual or property captured in the image in violation of 81 such person’s reasonable expectation of privacy without his or 82 her written consent. For purposes of this section, a person is 83 presumed to have a reasonable expectation of privacy on his or 84 her privately owned real property if he or she is not observable 85 by persons located at ground level in a place where they have a 86 legal right to be, regardless of whether he or she is observable 87 from the air with the use of a drone. 88 (4) EXCEPTIONS.—This sectionactdoes not prohibit the use 89 of a drone: 90 (a) To counter a high risk of a terrorist attack by a 91 specific individual or organization if the United States 92 Secretary of Homeland Security determines that credible 93 intelligence indicates that there is such a risk. 94 (b) If the law enforcement agency first obtains a search 95 warrant signed by a judge authorizing the use of a drone. 96 (c) If the law enforcement agency possesses reasonable 97 suspicion that, under particular circumstances, swift action is 98 needed to prevent imminent danger to life or serious damage to 99 property, to forestall the imminent escape of a suspect or the 100 destruction of evidence, or to achieve purposes including, but 101 not limited to, facilitating the search for a missing person. 102 (d) By a person or an entity engaged in a business or 103 profession licensed by the state, or by an agent, employee, or 104 contractor thereof, if the drone is used only to perform 105 reasonable tasks within the scope of practice or activities 106 permitted under such person’s or entity’s license. However, this 107 exception does not apply to a profession in which the licensee’s 108 authorized scope of practice includes obtaining information 109 about the identity, habits, conduct, movements, whereabouts, 110 affiliations, associations, transactions, reputation, or 111 character of any society, person, or group of persons. 112 (e) By an employee or a contractor of a property appraiser 113 who uses a drone solely for the purpose of assessing property 114 for ad valorem taxation. 115 (f) To capture images by or for an electric, water, or 116 natural gas utility: 117 1. For operations and maintenance of utility facilities, 118 including facilities used in the generation, transmission, or 119 distribution of electricity, gas, or water, for the purpose of 120 maintaining utility system reliability and integrity; 121 2. For inspecting utility facilities, including pipelines, 122 to determine construction, repair, maintenance, or replacement 123 needs before, during, and after construction of such facilities; 124 3. For assessing vegetation growth for the purpose of 125 maintaining clearances on utility rights-ofway; 126 4. For utility routing, siting, and permitting for the 127 purpose of constructing utility facilities or providing utility 128 service; or 129 5. For conducting environmental monitoring, as provided by 130 federal, state, or local law, rule, or permit. 131 (g) For aerial mapping, if the person or entity using a 132 drone for this purpose is operating in compliance with Federal 133 Aviation Administration regulations. 134 (h) To deliver cargo, if the person or entity using a drone 135 for this purpose is operating in compliance with Federal 136 Aviation Administration regulations. 137 (i) To capture images necessary for the safe operation or 138 navigation of a drone that is being used for a purpose allowed 139 under federal or Florida law. 140 (5) REMEDIES FOR VIOLATION.— 141 (a) An aggrieved party may initiate a civil action against 142 a law enforcement agency to obtain all appropriate relief in 143 order to prevent or remedy a violation of this sectionact. 144 (b) The owner, tenant, occupant, invitee, or licensee of 145 privately owned real property may initiate a civil action for 146 compensatory damages for violations of this section and may seek 147 injunctive relief to prevent future violations of this section 148 against a person, state agency, or political subdivision that 149 violates paragraph (3)(b). In such action, the prevailing party 150 is entitled to recover reasonable attorney fees from the 151 nonprevailing party based on the actual and reasonable time 152 expended by his or her attorney billed at an appropriate hourly 153 rate and, in cases in which the payment of such a fee is 154 contingent on the outcome, without a multiplier, unless the 155 action is tried to verdict, in which case a multiplier of up to 156 twice the actual value of the time expended may be awarded in 157 the discretion of the trial court. 158 (c) Punitive damages for a violation of paragraph (3)(b) 159 may be sought against a person subject to other requirements and 160 limitations of law, including, but not limited to, part II of 161 chapter 768 and case law. 162 (d) The remedies provided for a violation of paragraph 163 (3)(b) are cumulative to other existing remedies. 164 (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or 165 collected in violation of this act is not admissible as evidence 166 in a criminal prosecution in any court of law in this state. 167 Section 2. This act shall take effect July 1, 2015.