But No Criminal Penalties Are Included In The Measure

A bill heading to the desk of Florida Governor Rick Scott would make it illegal to use a UAV to capture images of "privately owned real property or of the owner, tenant, or occupant of such property with the intent to conduct surveillance without his or her written consent if a reasonable expectation of privacy exists."

The bill applies to individuals, government agencies including law enforcement.

There are exceptions to the prohibition, including a credible threat of a terrorist attack. Law enforcement agencies may use the aircraft to capture images if they first obtain a search warrant, or a reasonable suspicion on the part of law enforcement requires "swift action" to "prevent imminent danger to life or serious damage to property,  to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person."

The bill does not provide for criminal penalties, but rather pushes complaints to civil courts. "An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this act.

"The owner, tenant, or occupant of privately owned or occupied real property may initiate a civil action for compensatory damages ... and may seek injunctive relief to prevent future violations ... against a person, state agency, or political subdivision. In such action, the prevailing party is entitled to recover reasonable attorney fees from the nonprevailing party based on the actual and reasonable time expended by his or her attorney billed at an appropriate hourly rate and, in cases in which the payment of such a fee is contingent on the outcome, without a multiplier, unless the action is tried to verdict, in which case a multiplier of up to twice the actual value of the time expended may be awarded in the discretion of the trial court.

"Punitive damages under this section may be sought against a person subject to other requirements and limitations of law, including, but not limited to, part II of chapter 768 and case law."

Governor Rick Scott has not said whether he will sign or veto the bill. If he does neither, the bill would become law within seven days of being placed on his desk, which means if he does not veto the bill, it will become law in Florida.

(Image from file)

FMI: Bill Text, www.lobbytools.com/blogs/rules/rules-governors-bill-actions