Florida Senate - 2013                        CS for CS for SB 92
       
       
       
       By the Committees on Judiciary; and Criminal Justice; and
       Senators Negron, Brandes, Evers, and Bradley
       
       
       
       590-02273-13                                            201392c2
    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 exceptions; 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, local government code
   29  enforcement, and the enforcement of penal, traffic, regulatory,
   30  game, or controlled substance laws.
   31         (3) PROHIBITED USE OF DRONES.—A law enforcement agency may
   32  not use a drone to gather evidence or other information.
   33         (4) EXCEPTIONS.—This act does not prohibit the use of a
   34  drone:
   35         (a) To counter a high risk of a terrorist attack by a
   36  specific individual or organization if the United States
   37  Secretary of Homeland Security determines that credible
   38  intelligence indicates that there is such a risk.
   39         (b) If the law enforcement agency first obtains a search
   40  warrant signed by a judge authorizing the use of a drone.
   41         (c) If the law enforcement agency possesses reasonable
   42  suspicion that, under particular circumstances, swift action is
   43  needed to prevent imminent danger to life or serious damage to
   44  property, to forestall the imminent escape of a suspect or the
   45  destruction of evidence, or to achieve purposes including, but
   46  not limited to, facilitating the search for a missing person.
   47         (5) REMEDIES FOR VIOLATION.—An aggrieved party may initiate
   48  a civil action against a law enforcement agency to obtain all
   49  appropriate relief in order to prevent or remedy a violation of
   50  this act.
   51         (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or
   52  collected in violation of this act is not admissible as evidence
   53  in a criminal prosecution in any court of law in this state.
   54         Section 2. This act shall take effect July 1, 2013.