Need help understanding FL Drone law.

[JKDSensei]

Legal advice [from] here?

Seriously???

Just a discussion. Relax.

 

[JKDSensei]

Yes, this means that the video/photos need to of sufficient quantity as to indicate that it's that one person being monitored. This specifically show that merely flying a UAV and happening to capture people is not sufficient to be "surveillance". That is, simply happening to capture someone in a few stills is not illegal.

The problem arises from interpretation, and how badly the involved prosecutor needs a headline case.

"Sufficient" = Vague

We all know that what actually happens in court rooms can sometimes be far from what we expected and seemed to be implied by the law.

 

[JFHughes08088]

"with the intent to conduct surveillance"

(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.


I find this definition of "Surveillance" to be unfair to the hobby.
Even if you casually fly over a property and couldn't care less about what's on the property or going on in the property, you could be construed to meet this requirement for prosecution. The margin is wide and includes not only visually identifying a person, but all the video needs to be able to capture is their "movements". "OR" being the wording. OR it's occupancy by one or more persons. Without intent to gather information on specific properties or specific people with the intent to use that information for legal action or financial gain or another public purpose expressly prohibited, it seems too broad.

Notice the wording is purposely omitted that would construe the PURPOSE of the flight being to collect surveillance data. Instead, the wording is such that the mere "Observation" is sufficient to bring action. This is bad.

This law is very vague and far reaching and gives Tallahassee a VERY wide umbrella under which to prosecute. Fortunately (or unfortunately depending on your POV), it also limits the use of drones by Law Enforcement.

Since Florida has one of the highest concentrations of drones, it will be interesting to see just how many prosecutions take place.

If you take these laws as stated, it could mean Drones are not allowed to operate in Florida except directly over private property or non owned locations and even then, with sufficient distance as to not allow the operator or camera to see anything on another's property.

So where can you legally fly a drone in Florida?

1). Over private property (with sufficient distance from the next property, 20+ acres?)
2). Over the Ocean, provided no persons, vessels or structures are within short range.
3). Where permission is granted (good luck with that)

So, in essence, drone flights in Florida are essentially outlawed. If you abide by the law, it will be difficult to enjoy the hobby there. It seems this begs for a legal challenge.

Just don't record

 

[JKDSensei]

Just don't record

Or use the remote "delete all files" button.

Still, if someone calls the Police, you'll still probably have some hassles to deal with.

 

[tcope]

This is what you meant to say, correct?
This means you are free to fly around and obtain various photos and video as long as it's [not] your intent to target one person.

Exactly... as long as you are not law enforcement with that intent. As I keep telling other people, it does not create any new law, it only applies existing laws to drones.

 

[tcope]

sufficient quantity? No mention of quantity. Quality and clarity are nmetnioned

It mentions this specifically and in detail:

"observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts"

But again, this only applies to law enforcement. This does not create any laws/rules. It's intent is so law enforcement cannot use a drone for surveillance, be challenged saying it's illegal and law enforcement using the defense that current laws don't apply to drones.

 

[Photocell]

I just obtained a response from our county Sheriffs office who contacted the FAA center at JAX Airport.

The reply from FAA is that there is no perceivable problem with us. It was asked that you inform Ft. Clinch Park Rangers of your intent during the time you plan on doing this in that area, just to avoid complaints to their agency. Please keep in mind that if there is no criminal law violation, that does not prohibit an individual from suing anyone. If anything further arises please let me know; I will assist in any way possible.

So if the park ranger says it's ok to do a flyby of the marsh, the fort and the fishing pier I should be ok as long as they are notified and consent is given
Heck it's not like I will be out there doing this all the time. I just would like to make some informative videos of the scenery that's all.

Looks like I will be getting a Phantom 3 pro with the DBS mod for max range. My goal is strictly scenery and it's not intended to harass wildlife or invade someones privacy. This will also be perfect for myself to spot right whales off the coast here. So thank's everyone for your comments and helping me understand this law.

Happy Holidays to you all.

 

[JKDSensei]

As with everything, you will get different responses depending on who you speak with and when.

There are videos showing guys challenging LEOs at roadblocks over Constitutional rights in one place and the officers see it as humorous and don't get riled up...while at another stop the same person is handcuffed and arrested.

You'll find this out as you fly. Most of the time you should be ok.
Interesting times ahead regardless.
Have fun and fly responsibly!

 

[phantom13flyer]

Full disclosure: Doesn't look good filming nature scenes in FL State Parks. Sorry.

"Earlier this month you wrote to me inquiring about the Florida Park Service rules regarding the operation of model aircraft within state parks, and I answered you based on my research at that time (see email below). However, in further discussion with my supervisor, I was told that the issue of model aircraft and drones being operated in state parks was discussed at a recent division management meeting, and it was determined that these fall under the prohibitions of Chapter 62D-2 of the Florida Administrative Code, which applies to the operation of state parks. Here is the specific section of the chapter:

F.A.C. 62D-2.014 (Activities and Recreation)

(15) Aircraft. No person operating or responsible for any aircraft, glider, balloon, parachute, or other aerial apparatus shall cause such an apparatus to take off from or land in any park except in an emergency when human life is endangered or where a designated landing facility may exist on park property.

In your case, the model airplanes fall under “other aerial apparatus” as described above. The reason for the prohibition of model aircraft is due to the noise disruption to park guests that such cause, and more importantly because they disturb birds and other wildlife within the state park.

I would greatly appreciate it if you could forward this update to any online forums you may have posted my earlier reply upon; there was some uncertainty when I initially replied to you, but since that time there has been a conclusive decision on the matter that is being enforced in Florida state parks. Thank you for your help in this matter.

Sincerely yours,

Julie R. Kurisko
Information Line Manager
Bureau of Operational Services
Department of Environmental Protection
3800 Commonwealth Blvd., MS 535
Tallahassee, FL 32399-3000"

That says you can't take off from or land from within the park . So you just need a long range antenna and a dual battery modification. Problem Solved !! I'm glad I have the setup I have .

 

[SanCap]

I just obtained a response from our county Sheriffs office who contacted the FAA center at JAX Airport.

The reply from FAA is that there is no perceivable problem with us. It was asked that you inform Ft. Clinch Park Rangers of your intent during the time you plan on doing this in that area, just to avoid complaints to their agency. Please keep in mind that if there is no criminal law violation, that does not prohibit an individual from suing anyone. If anything further arises please let me know; I will assist in any way possible.

So if the park ranger says it's ok to do a flyby of the marsh, the fort and the fishing pier I should be ok as long as they are notified and consent is given
Heck it's not like I will be out there doing this all the time. I just would like to make some informative videos of the scenery that's all.

Looks like I will be getting a Phantom 3 pro with the DBS mod for max range. My goal is strictly scenery and it's not intended to harass wildlife or invade someones privacy. This will also be perfect for myself to spot right whales off the coast here. So thank's everyone for your comments and helping me understand this law.

Happy Holidays to you all.

So you are going to begin your flight from outside the State Park?

 

[Photocell]

So you are going to begin your flight from outside the State Park?

Two flight plans both trips are flying on the outskirts of the park capturing the shoreline and marsh as well as the fishing pier & Fort. The second flight just follows the creek and around the lighthouse and back around the marina towards downtown and back to the boat ramp.
[file]Flight plans|none[/file]

 

[SanCap]

Two flight plans both trips are flying on the outskirts of the park capturing the shoreline and marsh as well as the fishing pier & Fort. The second flight just follows the creek and around the lighthouse and back around the marina towards downtown and back to the boat ramp.
[file]Flight plans|none[/file]

You could also rent a pontoon boat and fly from it. Looks like fun!