Florida Senate - 2015                              CS for SB 766
       
       
        
       By the Committee on Judiciary; and Senator Hukill
       
       
       
       
       
       590-02824-15                                           2015766c1
    1                        A bill to be entitled                      
    2         An act relating to surveillance by a drone; amending
    3         s. 934.50, F.S.; defining terms; prohibiting a person,
    4         a state agency, or a political subdivision from using
    5         a drone to capture an image of privately owned real
    6         property or of the owner, tenant, occupant, invitee,
    7         or licensee of such property with the intent to
    8         conduct surveillance without his or her written
    9         consent if a reasonable expectation of privacy exists;
   10         specifying when a reasonable expectation of privacy
   11         may be presumed; authorizing the use of a drone by a
   12         person or entity engaged in a business or profession
   13         licensed by the state in certain circumstances;
   14         authorizing the use of a drone by an employee or
   15         contractor of a property appraiser for the purpose of
   16         assessing property for ad valorem taxation; providing
   17         that an owner, tenant, occupant, invitee, or licensee
   18         may initiate a civil action for compensatory damages
   19         and may seek injunctive relief against a person, a
   20         state agency, or a political subdivision that violates
   21         the act; providing for construction; providing for the
   22         recovery of attorney fees and punitive damages;
   23         specifying that remedies provided by the act are
   24         cumulative to other remedies; providing an effective
   25         date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Section 934.50, Florida Statutes, is amended to
   30  read:
   31         934.50 Searches and seizure using a drone.—
   32         (1) SHORT TITLE.—This act may be cited as the “Freedom from
   33  Unwarranted Surveillance Act.”
   34         (2) DEFINITIONS.—As used in this act, the term:
   35         (a) “Drone” means a powered, aerial vehicle that:
   36         1. Does not carry a human operator;
   37         2. Uses aerodynamic forces to provide vehicle lift;
   38         3. Can fly autonomously or be piloted remotely;
   39         4. Can be expendable or recoverable; and
   40         5. Can carry a lethal or nonlethal payload.
   41         (b)“Image” means a record of thermal, infrared,
   42  ultraviolet, visible light, or other electromagnetic waves;
   43  sound waves; odors; or other physical phenomena which captures
   44  conditions existing on or about real property or an individual
   45  located on that property.
   46         (c)“Imaging device” means a mechanical, digital, or
   47  electronic viewing device; still camera; camcorder; motion
   48  picture camera; or any other instrument, equipment, or format
   49  capable of recording, storing, or transmitting an image.
   50         (d)(b) “Law enforcement agency” means a lawfully
   51  established state or local public agency that is responsible for
   52  the prevention and detection of crime, local government code
   53  enforcement, and the enforcement of penal, traffic, regulatory,
   54  game, or controlled substance laws.
   55         (3) PROHIBITED USE OF DRONES.—
   56         (a) A law enforcement agency may not use a drone to gather
   57  evidence or other information.
   58         (b) A person, a state agency, or a political subdivision as
   59  defined in s. 11.45 may not use a drone equipped with an imaging
   60  device to record an image of privately owned or occupied real
   61  property or of the owner, tenant, occupant, invitee, or licensee
   62  of such property with the intent to conduct surveillance on the
   63  individual or property captured in the image in violation of
   64  such person’s reasonable expectation of privacy without his or
   65  her written consent. For purposes of this section, a person is
   66  presumed to have a reasonable expectation of privacy on his or
   67  her privately owned or occupied real property if he or she is
   68  not observable by persons located at ground level in a place
   69  where they have a legal right to be, regardless of whether he or
   70  she is observable from the air with the use of a drone. This
   71  paragraph is not intended to limit or restrict the application
   72  of federal law to the use of drones for surveillance purposes.
   73         (4) EXCEPTIONS.—This act does not prohibit the use of a
   74  drone:
   75         (a) To counter a high risk of a terrorist attack by a
   76  specific individual or organization if the United States
   77  Secretary of Homeland Security determines that credible
   78  intelligence indicates that there is such a risk.
   79         (b) If the law enforcement agency first obtains a search
   80  warrant signed by a judge authorizing the use of a drone.
   81         (c) If the law enforcement agency possesses reasonable
   82  suspicion that, under particular circumstances, swift action is
   83  needed to prevent imminent danger to life or serious damage to
   84  property, to forestall the imminent escape of a suspect or the
   85  destruction of evidence, or to achieve purposes including, but
   86  not limited to, facilitating the search for a missing person.
   87         (d) By a person or entity engaged in a business or
   88  profession licensed by the state, or by an agent, employee, or
   89  contractor thereof, if the drone is used only to perform
   90  reasonable tasks within the scope of practice or activities
   91  permitted under such person’s or entity’s license. However, this
   92  exception does not apply to a profession in which the licensee’s
   93  authorized scope of practice includes obtaining information
   94  about the identity, habits, conduct, movements, whereabouts,
   95  affiliations, associations, transactions, reputation, or
   96  character of any society, person, or group of persons.
   97         (e) By an employee or contractor of a property appraiser
   98  who uses a drone solely for the purpose of assessing property
   99  for ad valorem taxation.
  100         (5) REMEDIES FOR VIOLATION.—
  101         (a) An aggrieved party may initiate a civil action against
  102  a law enforcement agency to obtain all appropriate relief in
  103  order to prevent or remedy a violation of this act.
  104         (b) The owner, tenant, occupant, invitee, or licensee of
  105  privately owned or occupied real property may initiate a civil
  106  action for compensatory damages for violations of this section
  107  and may seek injunctive relief to prevent future violations of
  108  this section against a person, state agency, or political
  109  subdivision that violates paragraph (3)(b). In such action, the
  110  prevailing party is entitled to recover reasonable attorney fees
  111  from the nonprevailing party based on the actual and reasonable
  112  time expended by his or her attorney billed at an appropriate
  113  hourly rate and, in cases in which the payment of such a fee is
  114  contingent on the outcome, without a multiplier, unless the
  115  action is tried to verdict, in which case a multiplier of up to
  116  twice the actual value of the time expended may be awarded in
  117  the discretion of the trial court.
  118         (c) Punitive damages for a violation of paragraph (3)(b)
  119  may be sought against a person subject to other requirements and
  120  limitations of law, including, but not limited to, part II of
  121  chapter 768 and case law.
  122         (d) The remedies provided for a violation of paragraph
  123  (3)(b) are cumulative to other existing remedies.
  124         (6) PROHIBITION ON USE OF EVIDENCE.—Evidence obtained or
  125  collected in violation of this act is not admissible as evidence
  126  in a criminal prosecution in any court of law in this state.
  127         Section 2. This act shall take effect July 1, 2015.