Will Be Considered In 2016 Session Which Begins In January

An amendment to Florida's bill dealing with sexual predators has been introduced in the Florida Senate for consideration during the 2016 general session that singles out the use of a UAV as a specific consideration.

The language sets criminal penalties "for convicted sexual predators who use or operate a drone to view or record an image of a minor under certain circumstances." It also  assigns offense severity rankings in the Criminal Punishment Code for the use or operation of a drone by a sexual predator to view or record an image of a minor.

According to the bill filed Monday, the penalties would apply to sexual predator who has been convicted of or found to have committed, or has pled nolo contendere or guilty to, regardless of adjudication, any violation or attempted violation of s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the offender is not the victim’s parent or guardian; or a violation of a similar law of another jurisdiction when the victim of the offense was a minor, and who uses or operates a drone, as defined in s. 934.50, to view or record an image of a minor who is on or at the minor’s domicile or on or at a business, school, child care facility, park, playground, or other place where children regularly congregate, commits a felony of the third degree.

The language does not appear to criminalize flying a UAV and capturing images of children unless the operator is already a convicted sexual predator.

FMI: Florida Senate Bill