Florida Drone Laws

Florida drone laws regulate licensing and the use of drones in the State of Florida. All federal drone laws apply in the State of Florida. There are also state laws and even some local laws that apply to drone use in the state. The lawyers at Jack Bernstein, Injury Attorneys explain Florida’s drone laws.

Florida Law 330.41 – Florida Unmanned Aircraft Systems Act

A large portion of Florida drone law comes from the Florida Unmanned Aircraft Systems Act. [1] Florida law 330.41 says that state drone laws, in general, preempt local drone laws. Cities and municipalities are still allowed to pass drone laws on specific topics like privacy and harassment. However, the general rule is that state laws override and prohibit local laws about drone use.

Florida Law 329.10 – Drone Registration

Florida law 329.10 requires all drones to be registered.[2] Florida drone operators must comply with federal requirements to register a drone before use. It is also a violation of Florida law 329.10 to provide false information on registration. A violation of Florida’s drone registration law is a third-degree felony.

Are Drones Allowed in State Parks in Florida?

No, drones are not allowed in state parks in Florida. Florida administrative regulations prevent the use of drones in state parks throughout Florida. It is against the law to take off or land a drone in a Florida state park.

Drone Laws in Tampa

Drone laws in Tampa include a prohibition of drone use at the University of Tampa. It’s illegal to operate a drone on University of Tampa property without prior authorization. State and federal laws also apply to drone use in Tampa.

Can Drones Fly Over Your House?

While a drone can fly over your house, a drone owner can’t use a drone to threaten or harass you. In addition, a drone owner can’t use a drone to capture images of a person if the same view wouldn’t be available from a public place. There is no prohibition on flying drones over houses in general; however, there are significant restrictions that protect the privacy of homeowners, including trespass, stalking, and privacy laws.Drone In The Sky

Is It Legal to Fly a Drone Over Private Property in Florida?

Yes, it is legal to fly a drone over private property in Florida. However, trespassing and nuisance laws apply to drone use over private property. In addition, under U.S. laws for small, unmanned aircraft, it’s illegal to fly a drone over a person who is not participating in the drone operation. Also, it’s illegal to use the drone to take a photo of any person on private property in a place where they have a reasonable expectation of privacy. While you can fly a drone over private property, there are significant restrictions, including restrictions on gathering images.

Can You Take Down a Drone Over Your Property?

No, you can’t take down a drone over your property. However, you can sue the property owner for invasion of privacy. However, you can’t take down the drone yourself. The best option is to capture photos and video of the drone on your property and then follow it to locate the owner. You can’t take down a drone over your property, but you can hold the drone owner civilly accountable for their actions.

B4UFLY Drone App

The Federal Aviation Administration (FAA) publishes information that helps drone flyers understand what laws apply in their local area. The B4UFLY mobile app contains information organized by local area. It can be a valuable resource to ensure that you’re in compliance with Florida drone laws.

Drone Laws in the United States

There is a significant amount of federal law that applies to drone use. The laws that apply depend on the type of operator. It’s important to distinguish the type of drone operator because the laws that apply to commercial users are different than the laws that apply to recreational users.

Someone who flies a drone for work or business needs a remote pilot certificate under Federal Aviation Administration Part 107 regulation of Small Unmanned Aircraft Systems.[3] A government employee needs the same Part 107 license or a federal certificate of authorization. A person flying a drone just for fun needs to register the drone and follow the Special Rules for Model Aircraft.

Federal Aviation Administration Part 107 Regulation of Small Unmanned Aircraft Systems

Some of the requirements of FAA Part 107 regulation of Small Unmanned Aircraft Systems include:

  • The drone must be under 55 pounds
  • The pilot must have visual sight of the drone at all times
  • You may not fly over a person who is not participating in the operation
  • Don’t fly underneath a structure or inside a vehicle
  • Fly during daylight hours only
  • Maximum speed limits apply
  • Weather visibility must be at least three miles
  • Special permission is required within airspace
  • A pilot may fly one drone at a time

Are Drones Used by Police in Florida?

Yes, drones can be used by police in Florida, but there are significant rules and restrictions that apply. Florida law 934.50(3) says that law enforcement may not use a drone to gather information without a warrant.[4] In other words, the police can’t use drones to fly over your private property just to see what’s going on. However, they can fly a drone over your property if they have a warrant based on probable cause. In addition, law enforcement can use a drone in an emergency. They can also use drones for counter-terrorism activities.

Contact Jack Bernstein, Injury Attorneys

Do you have a question about drone use? Are you wondering how Florida drone laws apply to your specific situation? Do you think someone has invaded your privacy or hurt you by using a drone? Our attorneys understand the various laws and regulations that apply to drone use, and we can help.

Our legal team invites you to contact us for a free consultation. We’ll help you review the facts of your case and make a plan to claim the compensation that you deserve. Your call is confidential. Call us today to begin.

Sources

[1] FLA. STAT. § 330.41 (2019)

[2] FLA. STAT. § 329.10 (2019)

[3] Federal Aviation Administration; FAA News. 21 June 2016. SUMMARY OF SMALL UNMANNED AIRCRAFT RULE (PART 107). Retrieved 14 November 2019 from https://www.faa.gov/uas/media/Part_107_Summary.pdf

[4] FLA. STAT. § 934.50 (3) (2019)

About the Author

Jack G. Bernstein, ESQ.

For more than 37 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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