Florida UAS Laws

  

Note on Federal vs State Laws:

Federal airspace laws take precedence over state drone laws. If a state or local law directly conflicts with FAA regulations, the state or local law is likely to be invalidated. All commercial drone pilots operating in Florida must adhere to the FAA's Part 107 Rules.

Definitions:

  • Drone: A powered, aerial vehicle that does not carry a human operator, uses aerodynamic forces for lift, can be autonomous or remotely piloted, is expendable or recoverable, and can carry a payload.

  • Unmanned Aircraft System: A drone and its associated elements, including communication links and the components used to control it.

  • Critical Infrastructure Facility: any of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs which indicate that entry is forbidden and which are posted on the property in a manner reasonably likely to come to the attention of intruders:

    • An electrical power generation or transmission facility, substation, switching station, or electrical control center.

    • A chemical or rubber manufacturing or storage facility.

    • A mining facility.

    • A natural gas or compressed gas compressor station, storage facility, or natural gas or compressed gas pipeline.

    • A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000 gallons or more.

    • Any portion of an aboveground oil or gas pipeline.

    • A wireless communications facility, including the tower, antenna, support structures, and all associated ground- based equipment.

State Drone Laws in Florida

Florida has a robust set of statutes that govern drone use, including a state preemption law that defines the limits of local government regulation.

Statutes/Bills (passed):

State Preemption of Drone Regulation (F.S. § 330.411) This is a critical law for all drone pilots in Florida. It establishes that the state government has the exclusive authority to create laws and regulations regarding the operation of drones. This means that cities and counties cannot create their own rules about in-air drone operations.

  • Exception for Takeoff and Landing: The law allows local governments to enact and enforce ordinances that regulate the launching and landing of drones on public property that they own.

Freedom from Unwarranted Surveillance Act (F.S. § 934.50) This major privacy law, established by SB 766, governs the use of drones for surveillance by both private citizens and law enforcement.

  • Key Prohibition: A person, state agency, or political subdivision may not use a drone with an imaging device to record an image of privately owned real property or of any person on that property with the intent to conduct surveillance in violation of that person’s reasonable expectation of privacy, without their written consent.

  • Law Enforcement: A law enforcement agency may not use a drone to gather evidence or other information without a warrant, except under specific circumstances.

Exceptions to the Surveillance Law: The prohibition on drone surveillance does not apply to a wide range of authorized activities, including but not limited to:

  • Use by law enforcement with a warrant or in emergencies (imminent danger, escape of a suspect, search for a missing person).

  • Use by a state agency or political subdivision for assessing damage after a natural disaster or for vegetation and wildlife management on public lands.

  • Use by licensed professionals (e.g., surveyors, engineers) performing reasonable tasks within the scope of their profession.

  • Use by property appraisers for ad valorem taxation.

  • Use by electric, water, or natural gas utilities for inspecting or maintaining their facilities.

Protection of Critical Infrastructure Facilities (F.S. § 330.41) This law specifically protects sensitive sites. 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.

  • Allow a drone to come close enough to a critical infrastructure facility to interfere with its operations or cause a disturbance.

Hunting and Wildlife Regulations from the Florida Fish and Wildlife Conservation Commission (FWC) prohibit the use of drones to take, harass, or assist in taking any fish or wildlife.

Local Drone Laws in Florida

As established by the state preemption law, local governments in Florida cannot regulate how drones are operated in the air. However, they retain the authority to regulate drone takeoffs and landings on property they own, such as city parks, beaches, and public building grounds. It is essential to check for local ordinances in your specific area of operation before flying.