Drones are becoming increasingly common in the sky.
They can be used by creeps to intrude on ordinary Americans.
And spy drones in Florida could have this bad problem after one proposed law.
A Florida bill would let homeowners use force against drones
Cheap Chinese drones are proliferating throughout the country.
The spread of drones has resulted in them being used to spy on homeowners.
A Florida bill would give them the right to use “reasonable force” against drones that invade their privacy on their property.
“No one wants to have a drone sitting over their property, filming what they do for any number of reasons,” Florida-based attorney Raul Gastesi told Fox News. “Almost every state has laws on privacy, including drones. I can’t say that I’ve seen one where it allows for self-help.”
The bill would bring Florida into conflict with federal aviation law if it passes.
Federal law allows for drones to operate over private property as long as they’re in unrestricted airspace.
The Freedom from Unwarranted Surveillance Act, passed last year by the Florida State Legislature, bans drone operators from taking pictures or video of private property without the owner’s consent.
“I would include an image device to view or record an image of private property with the intent to conduct surveillance in violation of the person’s reasonable expectation of privacy,” Gastesi explained. “If I’m at a park and I’m playing baseball with my kids, and somebody takes up a drone just to show what’s going on in the park, do I really have an expectation of privacy? But if my daughters are sunbathing in the pool behind my house, I have an expectation of privacy.”
Florida and the feds could be headed for a showdown
The Unmanned Aircraft Systems Act, sponsored by Florida State Senator Keith Truenow (R-Tavares), could set the state on a collision course with the federal government.
It’s illegal to down a drone under Federal Aviation Administration (FAA) law.
Truenow’s bill doesn’t specify what measures would be considered “reasonable force” by a homeowner against a drone.
The FAA treats drones like any other aircraft.
Any attempt to interfere with an aircraft in the air could result in up to five years in prison and massive fines under federal law.
FAA officials warned that shooting down a drone could cause harm to people and property.
“An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air,” the FAA told Gizmodo. “Shooting at an unmanned aircraft could result in a civil penalty from the FAA and/or criminal charges from federal, state, or local law enforcement.”
Florida has laws on the books against discharging a firearm in a residential area outside of self-defense.
“The discharge or the use of the device is not as dangerous as the consequences, which is with [the drone] falling,” Gastesi noted. “Florida has strict gun laws as far as discharging a weapon in a residential area [and] over residential neighborhoods.”
A Florida man was arrested last year after he shot a Walmart delivery drone that strayed onto his property.
New technologies like drones are going to force the law to adapt to deal with them.
DeSantis Daily will keep you up-to-date on any new developments in this ongoing story.