Bill Text: FL S0766 | 2015 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Comm_Sub.html
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-Comm_Sub.html
Florida Senate - 2015 CS for SB 766 By the Committee on Judiciary; and Senator Hukill 590-02824-15 2015766c1 1 A bill to be entitled 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; providing 17 that an owner, tenant, occupant, invitee, or licensee 18 may initiate a civil action for compensatory damages 19 and may seek injunctive relief against a person, a 20 state agency, or a political subdivision that violates 21 the act; providing for construction; providing for the 22 recovery of attorney fees and punitive damages; 23 specifying that remedies provided by the act are 24 cumulative to other remedies; providing an effective 25 date. 26 27 Be It Enacted by the Legislature of the State of Florida: 28 29 Section 1. Section 934.50, Florida Statutes, is amended to 30 read: 31 934.50 Searches and seizure using a drone.— 32 (1) SHORT TITLE.—This act may be cited as the “Freedom from 33 Unwarranted Surveillance Act.” 34 (2) DEFINITIONS.—As used in this act, the term: 35 (a) “Drone” means a powered, aerial vehicle that: 36 1. Does not carry a human operator; 37 2. Uses aerodynamic forces to provide vehicle lift; 38 3. Can fly autonomously or be piloted remotely; 39 4. Can be expendable or recoverable; and 40 5. Can carry a lethal or nonlethal payload. 41 (b) “Image” means a record of thermal, infrared, 42 ultraviolet, visible light, or other electromagnetic waves; 43 sound waves; odors; or other physical phenomena which captures 44 conditions existing on or about real property or an individual 45 located on that property. 46 (c) “Imaging device” means a mechanical, digital, or 47 electronic viewing device; still camera; camcorder; motion 48 picture camera; or any other instrument, equipment, or format 49 capable of recording, storing, or transmitting an image. 50 (d)(b)“Law enforcement agency” means a lawfully 51 established state or local public agency that is responsible for 52 the prevention and detection of crime, local government code 53 enforcement, and the enforcement of penal, traffic, regulatory, 54 game, or controlled substance laws. 55 (3) PROHIBITED USE OF DRONES.— 56 (a) A law enforcement agency may not use a drone to gather 57 evidence or other information. 58 (b) A person, a state agency, or a political subdivision as 59 defined in s. 11.45 may not use a drone equipped with an imaging 60 device to record an image of privately owned or occupied real 61 property or of the owner, tenant, occupant, invitee, or licensee 62 of such property with the intent to conduct surveillance on the 63 individual or property captured in the image in violation of 64 such person’s reasonable expectation of privacy without his or 65 her written consent. For purposes of this section, a person is 66 presumed to have a reasonable expectation of privacy on his or 67 her privately owned or occupied real property if he or she is 68 not observable by persons located at ground level in a place 69 where they have a legal right to be, regardless of whether he or 70 she is observable from the air with the use of a drone. This 71 paragraph is not intended to limit or restrict the application 72 of federal law to the use of drones for surveillance purposes. 73 (4) EXCEPTIONS.—This act does not prohibit the use of a 74 drone: 75 (a) To counter a high risk of a terrorist attack by a 76 specific individual or organization if the United States 77 Secretary of Homeland Security determines that credible 78 intelligence indicates that there is such a risk. 79 (b) If the law enforcement agency first obtains a search 80 warrant signed by a judge authorizing the use of a drone. 81 (c) If the law enforcement agency possesses reasonable 82 suspicion that, under particular circumstances, swift action is 83 needed to prevent imminent danger to life or serious damage to 84 property, to forestall the imminent escape of a suspect or the 85 destruction of evidence, or to achieve purposes including, but 86 not limited to, facilitating the search for a missing person. 87 (d) By a person or entity engaged in a business or 88 profession licensed by the state, or by an agent, employee, or 89 contractor thereof, if the drone is used only to perform 90 reasonable tasks within the scope of practice or activities 91 permitted under such person’s or entity’s license. However, this 92 exception does not apply to a profession in which the licensee’s 93 authorized scope of practice includes obtaining information 94 about the identity, habits, conduct, movements, whereabouts, 95 affiliations, associations, transactions, reputation, or 96 character of any society, person, or group of persons. 97 (e) By an employee or contractor of a property appraiser 98 who uses a drone solely for the purpose of assessing property 99 for ad valorem taxation. 100 (5) REMEDIES FOR VIOLATION.— 101 (a) An aggrieved party may initiate a civil action against 102 a law enforcement agency to obtain all appropriate relief in 103 order to prevent or remedy a violation of this act. 104 (b) The owner, tenant, occupant, invitee, or licensee of 105 privately owned or occupied real property may initiate a civil 106 action for compensatory damages for violations of this section 107 and may seek injunctive relief to prevent future violations of 108 this section against a person, state agency, or political 109 subdivision that violates paragraph (3)(b). In such action, the 110 prevailing party is entitled to recover reasonable attorney fees 111 from the nonprevailing party based on the actual and reasonable 112 time expended by his or her attorney billed at an appropriate 113 hourly rate and, in cases in which the payment of such a fee is 114 contingent on the outcome, without a multiplier, unless the 115 action is tried to verdict, in which case a multiplier of up to 116 twice the actual value of the time expended may be awarded in 117 the discretion of the trial court. 118 (c) Punitive damages for a violation of paragraph (3)(b) 119 may be sought against a person subject to other requirements and 120 limitations of law, including, but not limited to, part II of 121 chapter 768 and case law. 122 (d) The remedies provided for a violation of paragraph 123 (3)(b) are cumulative to other existing remedies. 124 (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or 125 collected in violation of this act is not admissible as evidence 126 in a criminal prosecution in any court of law in this state. 127 Section 2. This act shall take effect July 1, 2015.