MIAMI BEACH / MIAMI DRONE LAWS?

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Hello Fellow Pilots,

I am headed to Miami from NY tomorrow and was wondering what the laws were in South Florida, specifically Miami. I should have asked earlier but didn't think about posting here soon enough. My flight leaves in the AM and I'd hate to pay extra to check-in my drone only to not be able to safely (legally) use it out there. I'll be around Ocean drive, etc but plan on mostly using it whilst on the beach.

I'd appreciate feedback from anyone who lives out there or familiar with Miami Beach and that area specifically. All info/replies are appreciated.

Thank you,

Tony
 
Senate bill 766 for South Fl says it prohibits drones from capturing images from private property ot their owners or occupants as long a a reasonable expectation of privacy exists. Other FAA rules are in effect.
 
Senate bill 766 for South Fl says it prohibits drones from capturing images from private property ot their owners or occupants as long a a reasonable expectation of privacy exists. Other FAA rules are in effect.

That begs the question, exactly what does the reasonable expectation of privacy mean? And why doesn't that apply to BIG brother? Inquiring minds would like to know.
 
reasonable expectation of privacy does apply to big brother. which is why warrants are needed for search and seizure.

a reasonable expectation of privacy is just that... some place where you can reasonably expect to have privacy. your house, your private back yard (ie, it would require someone to take extra measures to see what you were up to), etc. which is why you never see paparazzi pics of movie stars sitting on the can, but you see pics of movie stars topless on a boat or walking down the street.
 
I have asked law enforcement officers what is their opinion of reasonable is and I seem to get the same response every time. Basically what I am told is if you are in an area of your home or property that is viewable by the public you do not have the reasonable right to privacy. For example I have 2 - 7' picture windows in my living room that faces a busy a road. If I leave my curtains open and walk around with no cloths on and someone takes a picture of me I do not have the reasonable right to privacy because my windows face where the public goes past. I asked about being in your backyard and again was told if you can be viewed from an airplane or helicopter going over you do not have a reasonable right to privacy. He referenced the phantom and said if someone were to drop down into someone's back yard and start looking at the home then that would be an invasion of privacy. They did not advise flying over peoples property but said there is nothing anyone can do except file a complaint. The word he said that was used was curtilage.
 
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Miami Beach may be under Class B
Senate bill 766 for South Fl says it prohibits drones from capturing images from private property ot their owners or occupants as long a a reasonable expectation of privacy exists. Other FAA rules are in effect.

Another umbrella government edict that allows the government to prosecute and or persecute effectively and selectively if and when desired.
 
Senate bill 766 for South Fl says it prohibits drones from capturing images from private property ot their owners or occupants as long a a reasonable expectation of privacy exists. Other FAA rules are in effect.
A bill? As in, something that is not A law or regulation.

Also, this bill only applies to those conducting surveillance.
 
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I have asked law enforcement officers what is their opinion of reasonable is and I seem to get the same response every time. Basically what I am told is if you are in an area of your home or property that is viewable by the public you do not have the reasonable right to privacy. For example I have 2 - 7' picture windows in my living room that faces a busy a road. If I leave my curtains open and walk around with no cloths on and someone takes a picture of me I do not have the reasonable right to privacy because my windows face where the public goes past. I asked about being in your backyard and again was told if you can be viewed from an airplane or helicopter going over you do not have a reasonable right to privacy. He referenced the phantom and said if someone were to drop down into someone's back yard and start looking at the home then that would be an invasion of privacy. They did not advise flying over peoples property but said there is nothing anyone can do except file a complaint. The word he said that was used was curtilage.
The issue also comes once you point a camera into those areas. Probably one reason why we don't see any zoom on commercial drones.
 
Tony,
as far as Miami Beach and flying your drones....
I'm looking at the MIA VFR sectional right now.

Miami Beach is very close to Miami International Airport. Less than 5 miles I think (didn't measure, just eyeballing it). MIA is class B airspace. Heavy air traffic. Specifically, Miami Beach is under a section of the airspace where positive control and communications with the tower is mandatory from 1500ft up to 7000ft. Because of the proximity to the Class B airspace and airport, If you do not advise the tower of your flight intentions, the FAA has the authority to levy severe fines if they should determine that any portion of your activity in any way put any aircraft operating in controlled airspace in any danger. By advising the tower you mitigate a huge portion of that liability...since you did as advised and were acknowledged by the tower. Problem at MIA is that you may not get an answer if you try to call. They are VERY busy.

I never fly any of my drones anywhere near MIA but....
I'm sometimes less than 1/2 mile from the runways at MIA and when storms are in the area, I can see the planes leaving fast and low. Not sure how low, but it looks very low sometimes.

The rest is up to your discretion. Be careful and have fun.
 
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@antdon Listen up Brother, no need for all this legal mumbo jumbo. I'm actually a City of Miami Police Motorcycle Officer and I see people flying all the time to include myself without any worries. Like a few said here, as long as you're not doing anything stupid with it, you're gonna be absolutely fine. Miami Beach alone you're gonna get some great shots from Government Cut to Ocean Avenue to South Beach itself. Matterfact when you get in, DM me and I could show you some good spots for footage...
 
@antdon Listen up Brother, no need for all this legal mumbo jumbo. I'm actually a City of Miami Police Motorcycle Officer and I see people flying all the time to include myself without any worries. Like a few said here, as long as you're not doing anything stupid with it, you're gonna be absolutely fine. Miami Beach alone you're gonna get some great shots from Government Cut to Ocean Avenue to South Beach itself. Matterfact when you get in, DM me and I could show you some good spots for footage...

That is nice to hear. I am hoping to visit Florida from the UK in Feb. Of course I will be bringing my P3 - will fly around the keys and anywhere else I can.
I hope you will be as nice to a Brit who usually drives on the wrong side of the road lol.
 
I suppose you get plenty of Brit tourists anyway - it is cheaper to visit your Disneyland than the one in France - and you speak the right language - well just about!!!
I promise not to break any speedlimits!!!
 
@antdon Listen up Brother, no need for all this legal mumbo jumbo. I'm actually a City of Miami Police Motorcycle Officer and I see people flying all the time to include myself without any worries. Like a few said here, as long as you're not doing anything stupid with it, you're gonna be absolutely fine. Miami Beach alone you're gonna get some great shots from Government Cut to Ocean Avenue to South Beach itself. Matterfact when you get in, DM me and I could show you some good spots for footage...


You da man. Are you going to be in the area for Carnival?
 
Tony,
as far as Miami Beach and flying your drones....
I'm looking at the MIA VFR sectional right now.

Miami Beach is very close to Miami International Airport. Less than 5 miles I think (didn't measure, just eyeballing it). MIA is class B airspace. Heavy air traffic. Specifically, Miami Beach is under a section of the airspace where positive control and communications with the tower is mandatory from 1500ft up to 7000ft. Because of the proximity to the Class B airspace and airport, If you do not advise the tower of your flight intentions, the FAA has the authority to levy severe fines if they should determine that any portion of your activity in any way put any aircraft operating in controlled airspace in any danger. By advising the tower you mitigate a huge portion of that liability...since you did as advised and were acknowledged by the tower. Problem at MIA is that you may not get an answer if you try to call. They are VERY busy.

I never fly any of my drones anywhere near MIA but....
I'm sometimes less than 1/2 mile from the runways at MIA and when storms are in the area, I can see the planes leaving fast and low. Not sure how low, but it looks very low sometimes.

The rest is up to your discretion. Be careful and have fun.
There are four airports in the Miami area, but none of their five-mile restricted zones extends over Miami Beach. You may want to download an app called Drone Buddy, which shows restricted areas for the whole country, including airports, military bases, and national parks. Recently, I saw someone flying a Phantom 3 Pro in South Pointe park over Government Cut and no one bothered him.
 
@antdon Listen up Brother, no need for all this legal mumbo jumbo. I'm actually a City of Miami Police Motorcycle Officer and I see people flying all the time to include myself without any worries. Like a few said here, as long as you're not doing anything stupid with it, you're gonna be absolutely fine. Miami Beach alone you're gonna get some great shots from Government Cut to Ocean Avenue to South Beach itself. Matterfact when you get in, DM me and I could show you some good spots for footage...
I live on South Beach and got a Phantom 3 Pro a couple of weeks ago, but for technical reasons and bad weather, I have not flown it yet. Can you name some good spots where I won't be bothered, other than Government Cut (from South Pointe Park, I suppose, where I saw someone flying recently)?
 

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