Says Authority To Regulate Ownership Or Operation Of Drones Is 'Vested In The State'

A bill has been filed in the Florida Senate (SB832) that specifically give the state the authority to regulate the ownership or operation of UAVs in the Sunshine State.

The bill is intended to prevent a hodgepodge of local laws governing drone ownership. "Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications, training, and certification," the bill states.

This section does not limit local government authority to enact or enforce local ordinances relating to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of unmanned aircraft systems if such laws or ordinances are not specifically related to the use of an unmanned aircraft system for those illegal acts.

The bill says that anyone who wishes to restrict the use of a drone near property or infrastructure he or she owns must apply to the FAA for such designation pursuant to section 2209 of the FAA Extension, Safety, and Security Act of 2016.

However, a person may not knowingly or willfully:

• Operate a drone over a critical infrastructure facility;
• Allow a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or
• Allow a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

Violations are punishable as a misdemeanor.

The Florida legislature opens its session in early March.

(Image from file)

FMI: Bill Text