FL drone surveillance act

Florida Freedom from Unwarranted Surveillance Act (and SB 44/2021 Drone Use)
Florida · Fla. Stat. §§ 934.50, 330.41 (Ch. 2013-33; amended by Ch. 2021-165, CS/CS/SB 44)

Status
In effect
Took effect
July 1, 2013
Applies to
Florida law-enforcement agencies; private drone operators; political subdivisions limited by preemption
Enforced by
Florida Department of Law Enforcement; private civil enforcement

Florida bars law enforcement from using drones for surveillance without a warrant or specific exception, and (after the 2015 amendment) prohibits anyone from using a drone to record private property or people on it with intent to conduct surveillance in violation of their reasonable expectation of privacy. SB 44 (2021) expanded the situations in which police and other agencies may use drones and required government agencies to use only drones from approved manufacturers that meet state security standards.

Who is protected: Floridians on private property and persons targeted by law-enforcement drone surveillance

Legal detail

Fla. Stat. § 934.50 was created by Ch. 2013-33 (SB 92, the Freedom from Unwarranted Surveillance Act) and amended by, among others, Ch. 2015-26 and Ch. 2021-165 (CS/CS/SB 44, approved June 29, 2021, eff. July 1, 2021). The 2021 act expanded the authorized uses of drones by law enforcement and other entities, had the Department of Management Services publish a list of approved drone manufacturers meeting security standards, required governmental agencies to stop using certain drones by a set date, and set minimum security standards for government drone use. Fla. Stat. § 330.41 (state preemption of drone regulation) dates from Ch. 2017-150 and was also amended by Ch. 2021-165.

Key facts

JurisdictionFlorida
LevelState
StrengthModerate
EnactedApril 22, 2013
CitationFla. Stat. §§ 934.50, 330.41 (Ch. 2013-33; amended by Ch. 2021-165, CS/CS/SB 44)
Private right of actionYes, individuals can sue
PenaltiesSuppression of evidence; civil damages
Topicsconsumer data privacy · police and surveillance AI · consumer protection
StatuteFlorida Statutes § 934.50 — Searches and Seizures Using a Drone

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