A bill moving through the Florida Senate seeks to give homeowners the right to use “reasonable force” to take down drones infringing on their privacy, even though it directly conflicts with federal airspace regulations. The bill primarily aims to regulate the use of unmanned aircraft systems (UAS) while expanding protected areas within the state to include airports and correctional facilities. This bill raises new legal questions regarding how far individuals can go to defend their homes from drone surveillance. Florida-based attorney Raul Gastesi noted that most states have laws addressing privacy, including drones, but the allowance for self-help in such cases is uncommon.
The legal gray area surrounding the rights of homeowners and drone pilots is highlighted by this bill. While federal law permits flying drones over private residential areas within unrestricted airspace, drone pilots creating a nuisance for homeowners could be prosecuted for trespassing or even stalking. The existing Florida statute titled the “Freedom from Unwarranted Surveillance Act” prohibits drone operators from using aircraft to take photos or videos of private property. However, it does not address using drones to gather a live view of a person’s property, raising questions about an individual’s reasonable expectation of privacy. The bill, if passed, would allow homeowners to take action against drones over their property but does not define what constitutes “reasonable force,” possibly leading to disputes between Florida state law and the Federal Aviation Administration (FAA).
The bill conflicts directly with federal law, potentially causing confusion for homeowners on what is allowed. Attorney Gastesi pointed out that just because a state permits something, it does not mean the federal government will not prosecute for it. The safety hazards associated with interfering with drone flights, especially over populated areas, were emphasized by the FAA. An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground or collide with other objects in the air, potentially resulting in civil penalties or criminal charges. While the bill does not explicitly legalize using a firearm to take down a drone, concerns about the dangerous consequences of shooting a drone down were discussed.
While the bill does not mention using a firearm to take down a drone, the potential for dangerous consequences and legal implications were highlighted. The discharge of a firearm towards a drone could have severe consequences if the drone falls, leading to property damage or endangering people. State laws prohibit firing a gun in local neighborhoods except for self-defense, but using a firearm to shoot down a drone may not qualify as defending property. Concerns were raised about granting individuals the right to discharge firearms in public spaces, particularly in residential areas. This bill reflects growing concerns about drone sightings and could potentially lead to similar legislation in other states as lawmakers try to address evolving technology.
The bill has progressed through various committees with little opposition and is set to be reviewed by the Florida Senate. If approved, the bill would become effective in October 2025. Legal experts and authorities highlighted the potential conflicts between state and federal laws, as well as the safety risks associated with interfering with drone flights. The bill’s focus on homeowner privacy and protection against drone surveillance reflects a broader trend of addressing emerging technology-related challenges in legislative frameworks. The bill’s passage could set a precedent for other states to follow suit in regulating drone activity and privacy rights.
