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Florida is Anti-Drone. Unconstitutional?

Discussion in 'News' started by captainmilehigh, May 4, 2016.

  1. captainmilehigh

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    First of all, I'm fairly new at the drone thing and the PhantomPilots Forum, so if this subject has been covered before I apologize. But since I'm still learning this hobby I was really amazed at how much my state (Fl) hates drones. For all Florida drone pilots I urge you to read Florida Statute 934.50. (just google 'Florida drone laws' and it should be there.). Seems that Florida has gone overboard in enforcing the "Freedom from Unwanted Surveillance Act" when it comes to our hobby. So, any images captured by my P3S may violate this law. Next will be cell phone pics and video. If I take a cell phone video of my grandsons baseball game, but capture images of 15 other people in the background, I need their written permission to be filmed.? Yeah, right. If there are drone lobbyists or associations in place to stop this madness please let me know. If there isn't, there NEEDS to be. And just to add to this point, a local TV station here in North Florida added a licensed drone to their local news coverage. That lasted about two months. They have since shut down the drone due to legal issues with the state statutes, and replaced it with a full size news chopper. Like I said, I'm new to the drone thing, but FLORIDA PILOTS, what can we do about this mess?






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  2. tcope

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    This has been discussed before.

    (e) “Surveillance” means:
    1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or
    2. With respect to privately owned real property, the observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.
    (3) PROHIBITED USE OF DRONES.—
    (a) A law enforcement agency may not use a drone to gather evidence or other information.
    (b) A person, a state agency, or a political subdivision as defined in s. 11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person’s reasonable expectation of privacy without his or her written consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone.

    As long as you are not violating someone's right of privacy (illegal without this Statute) or attempting to follow one person personally without them knowing, you are okay.
     
  3. captainmilehigh

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    Yes, I read this too. But, you are still open to civil action by persons that feel their privacy was violated. Do you have the same laws in Utah?


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  4. flpholt

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    I live in fl don't have any problems fly around beach and all over the place with no issues
     
  5. captainmilehigh

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    That's good to hear.


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  6. flpholt

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    don't forget may 7 international drone day let them fly far and high . over in riverview fl they are having a giant drone day with racing and vendors
     
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  7. tcope

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    Even without this statute you can be accused of violating someone's privacy. Don't have the same law here but they are writing some to specifically include drones. I lived in FL for 25 years and get back a couple of times every year so I watch those laws.
     
  8. captainmilehigh

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    Ok thanks. Maybe I'm just overreacting, kinda' a knee-jerk reaction to what I've read about the state statutes here in Fl. But I'd still like to see a nationwide drone association comprised of manufacturers and owners to better have a voice in such legislation on a state and national level. Maybe one day we'll need it. Thanks again tcope.


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  9. SiRacer420

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    That's awesome. May 7th is my birthday and my P3S is what my wife got me.
     
  10. flpholt

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    happy early birthday
     
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  11. junmar4

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    Do you know if I can fly in the Clearwater beaches?

    Posted using a calculator and delayed by AT&T.
     
  12. flpholt

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    yes you can
     
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  13. Sideswipe

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    Also in order for there to be civil penalties they need to prove loss of income from being videoed. Keep in mind it's just common courtesy to not fly in someone's backyard at rooftop level. I'd be kinda pissed if I saw a multi rotor in my backyard and it wasn't mine.

    If your gonna fly in your neighborhood perhaps make a day of it invite your neighbors out and let them look at it, how it works, show them some videos and let them see that while yes you get a nice general view flying high up (100-400ft) can't really see much detail and you will find most of them will be ok with it and want to try it out lol.


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  14. junmar4

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    I am planning to fly in Sand Key. Do I need to inform the Clearwater Air Park which is about 4.5miles away and some hospitals with helipads?

    Posted using a calculator and delayed by AT&T.
     
  15. Sideswipe

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    Get the app air map it will show u zones and the numbers of the air ports and helipads to call if relevant.
     
  16. JFlowers1300

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    I am a new UAV pilot, I have recently purchased the Inspire 1 pro V2.0 and the Venmuse x5 and I am absolutely loving it! I am posting this because with as great as this technology is, I was shocked to learn that here in Florida it is illegal to fly in State Parks. As a professional photographer I gained so much inspiration from taking my new gear out to my local state park and testing my new capabilities.

    I understand that there are liability issues involved with flying at the parks but at the same time I think that a blanket ban is absurd. I feel like our parks are doing themselves a disservice by completely banning drone flight and the ability to capture from the air. Showcasing the beauty that we as taxpayers pay to protect would only increase the awareness of why we are paying into the parks as well as drive in traffic to some our state's best locations.

    At the very least I feel that proof of insurance and a "resonable" permit fee should be all that is required to fly in any state park and that it would benefit both the UAV pilot in having a non-crowded/rural place to fly as well as increasing revenue, awareness and possible traffic to our state parks.

    I have searched around online for quite a while today and I haven't seen anyone supporting the legalization of UAV/Drone flying in FL state parks, I created a facebook page @:

    需要安全验证

    Please show support if you agree with the cause, even if it is a long shot I feel that banding together to show support of a specific opinion is important. I'm also going to copy this as a new thread in the general section. Thanks!
     
  17. JFlowers1300

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  18. tcope

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    Your entire new thread on this very comment should be enough. Better than restarting another one that is 5 months old.

    Legalize UAV/Drone flying in FL State Parks!
     
  19. JFlowers1300

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  20. flpholt

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    fly in state parks don't have any problems