Florida Senate - 2013                                      SB 92
       
       
       
       By Senator Negron
       
       
       
       
       32-00026A-13                                            201392__
    1                        A bill to be entitled                      
    2         An act relating to searches and seizures; creating the
    3         “Freedom from Unwarranted Surveillance Act”; defining
    4         the terms “drone” and “law enforcement agency”;
    5         prohibiting a law enforcement agency from using a
    6         drone to gather evidence or other information;
    7         providing an exception; authorizing an aggrieved party
    8         to initiate a civil action in order to prevent or
    9         remedy a violation of the act; prohibiting a law
   10         enforcement agency from using in any court of law in
   11         this state evidence obtained or collected in violation
   12         of the act; providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Searches and seizure using a drone.—
   17         (1) SHORT TITLE.—This act may be cited as the “Freedom from
   18  Unwarranted Surveillance Act.”
   19         (2) DEFINITIONS.—As used in this act, the term:
   20         (a) “Drone” means a powered, aerial vehicle that:
   21         1. Does not carry a human operator;
   22         2. Uses aerodynamic forces to provide vehicle lift;
   23         3. Can fly autonomously or be piloted remotely;
   24         4. Can be expendable or recoverable; and
   25         5. Can carry a lethal or nonlethal payload.
   26         (b) “Law enforcement agency” means a lawfully established
   27  state or local public agency that is responsible for the
   28  prevention and detection of crime and the enforcement of penal,
   29  traffic, regulatory, game, or controlled substance laws.
   30         (3) PROHIBITED USE OF DRONES.—A law enforcement agency may
   31  not use a drone to gather evidence or other information.
   32         (4) EXCEPTIONS.—This act does not prohibit the use of a
   33  drone to counter a high risk of a terrorist attack by a specific
   34  individual or organization if the United States Secretary of
   35  Homeland Security determines that credible intelligence
   36  indicates that there is such a risk.
   37         (5) REMEDIES FOR VIOLATION.—An aggrieved party may initiate
   38  a civil action against a law enforcement agency to obtain all
   39  appropriate relief in order to prevent or remedy a violation of
   40  this act.
   41         (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or
   42  collected in violation of this act is not admissible as evidence
   43  in a criminal prosecution in any court of law in this state.
   44         Section 2. This act shall take effect July 1, 2013.