Would Prevent Images From Being Captured With The Intent To Conduct Surveillance In Many Circumstances

A state senator in Florida has filed a bill that would prevent the use of UAVs for some surveillance activities in the state, and the ban would extend to state agencies.

The bill was authored by Republican state senator Dorothy Hukill. The language would bar "a person, a state agency, or a political subdivision from using a drone to capture an image 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; specifying when a reasonable expectation of privacy may be presumed; providing that an owner, tenant, or occupant may initiate a civil action for compensatory damages or seek injunctive relief against a person, a state agency, or a political subdivision that violates the act."

The law would not not prohibit the use of a UAV to counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.

It also makes an exception for capturing images if the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.

It also gives law enforcement agencies the ability to use the aircraft it there is reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of  not limited to, facilitating the search for a missing person.

The bill goes on to define an "image" as a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property.

“Imaging device” is defined as a mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting an image.

The legislative session began Monday, and the bill has not yet been assigned to any committees.

(Image from file)

FMI: Bill Text,  www.flsenate.gov