"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.