Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 766 Ì114264"Î114264 LEGISLATIVE ACTION Senate . House Comm: RCS . 03/26/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 54 - 100 4 and insert: 5 property or of the owner, tenant, occupant, invitee, or licensee 6 of such property with the intent to conduct surveillance on the 7 individual or property captured in the image in violation of 8 such person’s reasonable expectation of privacy without his or 9 her written consent. For purposes of this section, a person is 10 presumed to have a reasonable expectation of privacy on his or 11 her privately owned or occupied real property if he or she is 12 not observable by persons located at ground level in a place 13 where they have a legal right to be, regardless of whether he or 14 she is observable from the air with the use of a drone. This 15 paragraph is not intended to limit or restrict the application 16 of federal law to the use of drones for surveillance purposes. 17 (4) EXCEPTIONS.—This act does not prohibit the use of a 18 drone: 19 (a) To counter a high risk of a terrorist attack by a 20 specific individual or organization if the United States 21 Secretary of Homeland Security determines that credible 22 intelligence indicates that there is such a risk. 23 (b) If the law enforcement agency first obtains a search 24 warrant signed by a judge authorizing the use of a drone. 25 (c) If the law enforcement agency possesses reasonable 26 suspicion that, under particular circumstances, swift action is 27 needed to prevent imminent danger to life or serious damage to 28 property, to forestall the imminent escape of a suspect or the 29 destruction of evidence, or to achieve purposes including, but 30 not limited to, facilitating the search for a missing person. 31 (d) By a person or entity engaged in a business or 32 profession licensed by the state, or by an agent, employee, or 33 contractor thereof, if the drone is used only to perform 34 reasonable tasks within the scope of practice or activities 35 permitted under such person’s or entity’s license. 36 (e) By an employee or contractor of a property appraiser 37 who uses a drone solely for the purpose of assessing property 38 for ad valorem taxation. 39 (5) REMEDIES FOR VIOLATION.— 40 (a) An aggrieved party may initiate a civil action against 41 a law enforcement agency to obtain all appropriate relief in 42 order to prevent or remedy a violation of this act. 43 (b) The owner, tenant, occupant, invitee, or licensee of 44 privately owned or occupied real property may initiate a civil 45 action for compensatory damages for violations of this section 46 and may seek injunctive relief to prevent future violations of 47 this section against a person, state agency, or political 48 subdivision that violates paragraph (3)(b). In such action, the 49 prevailing party is entitled to recover reasonable attorney fees 50 from the nonprevailing party based on the actual and reasonable 51 time expended by his or her attorney billed at an appropriate 52 hourly rate and, in cases in which the payment of such a fee is 53 contingent on the outcome, without a multiplier, unless the 54 action is tried to verdict, in which case a multiplier of up to 55 twice the actual value of the time expended may be awarded in 56 the discretion of the trial court. 57 (c) Punitive damages for a violation of paragraph (3)(b) 58 may be sought against a person subject to other requirements and 59 limitations of law, including, but not limited to, part II of 60 chapter 768 and case law. 61 (d) The remedies provided for a violation of paragraph 62 (3)(b) are cumulative to 63 64 ================= T I T L E A M E N D M E N T ================ 65 And the title is amended as follows: 66 Delete lines 6 - 15 67 and insert: 68 property or of the owner, tenant, occupant, invitee, 69 or licensee of such property with the intent to 70 conduct surveillance without his or her written 71 consent if a reasonable expectation of privacy exists; 72 specifying when a reasonable expectation of privacy 73 may be presumed; authorizing the use of a drone by a 74 person or entity engaged in a business or profession 75 licensed by the state in certain circumstances; 76 authorizing the use of a drone by an employee or 77 contractor of a property appraiser for the purpose of 78 assessing property for ad valorem taxation; providing 79 that an owner, tenant, occupant, invitee, or licensee 80 may initiate a civil action for compensatory damages 81 and may seek injunctive relief against a person, a 82 state agency, or a political subdivision that violates 83 the act; providing for construction; providing for the 84 recovery of attorney fees and