Restricts Local Governments From Enacting Legislation

Florida Governor Rick Scott has signed into law HB 1027 that prevents local governments, such as cities or towns, from enacting their own drone legislation.

In what many local elected officials say is a swat at a concept known as "home rule", the bill specifically gives the state exclusive jurisdiction to write laws regulating the operation of unmanned aircraft systems. But leaves intact local governments' authority to write laws relating to "nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of unmanned aircraft systems."

If a local government wants to write drone laws restricting the operation of drones near critical infrastructure it owns or operates, it must apply to the FAA for permission to write such a law "pursuant to section 2209 of the FAA Extension, Safety, and Security Act of 2016."

The law prohibits flight over or within a certain distance of state-owned or operated "critical infrastructure facilities", making such flights a misdemeanor.

There are exceptions made for local law enforcement agencies or persons working under contract with a law enforcement agency. The law also exempts a drone " operating in transit for commercial purposes in compliance with Federal Aviation Administration regulations, authorizations, or exemptions.

It is not clear how drone laws that have been passed by some cities in Florida, such as Orlando, will be affected by the new state law. Orlando's law banned drone flights within 500 feet of city-owned parks, schools, and large venues like convention centers and sports arenas. It also required drone operators to obtain a permit for some flights.

(Image from file)

FMI: Bill Text