Prevents Surveillance By Unmanned Aircraft Without Person's Consent, But Allows Many Commercial Uses

A new law signed by Florida Governor Rick Scott prohibits the use of a UAV for the purposes of surveillance by individuals, law enforcement, and other government entities under most conditions.

The law says that a UAV may not be used by "a person, a state agency, or a political subdivision from using a UAV to capture an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance without his or her written consent if a reasonable expectation of privacy exists."

But it also authorizes the use of such an aircraft by "a person or entity engaged in a business or profession licensed by the state in certain circumstances."

The "reasonable expectation of privacy," according to the bill, basically means a person who is not able to be seen from the ground.  That would include your neighbor in his or her back yard that is surrounded by a privacy fence.

The law does make exceptions for the use of UAVs by law enforcement to capture images if there is the perception of an imminent terrorist attack, or other situation where "swift action" is required. Otherwise, law enforcement and other government entities must obtain a warrant for use of the aircraft.

But added to the bill since its introduction is a section that allows other commercial uses of the aircraft. The law makes specific exemptions for "a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license.

"However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons."

That would seem to preclude use by journalists, at least in some situations.

Use of a UAV is also permitted by "an employee or a contractor of a property  who uses a drone solely for the purpose of assessing property for ad valorem taxation, and to capture images by or for an electric, water, or natural gas utility."

Other commercial exemptions include pipeline inspections and agricultural uses.

The law does not allow for criminal penalties for the unauthorized use of a UAV, but does allow for an aggrieved party to file a civil suit against the person who may have captured an image without their consent.

(Image from file)

FMI: Full Bill Text