FL – Florida

Flag courtesy of Wikipedia

The Singing Tower at Bok Tower Gardens National Historic Landmark (Lake Wales, Florida) houses a 60-bell carillon.

Photo courtesy of the CIA World Factbook

Florida government website just for reference.

The FLDOT has a FLDOT UAS Page.

Florida Legislature in case more laws were written since this book was published.

Map courtesy of Wikipedia

Google Earth

Last updated on July 10, 2024

Airspace

In addition to checking the FAA UAS Facility Map or B4UFLY or SkyVector or Google Maps one should consider also FAA JO 7400.10F  – Special Use Airspace which is an order, published yearly, providing a listing of all regulatory and non-regulatory special use airspace areas, as well as issued but not yet implemented amendments to those areas established by the FAA.

Special Use Airspace consists of airspace of defined dimensions identified by an area on the surface of the earth wherein activities must be confined because of their nature, or wherein limitations are imposed upon aircraft operations that are not a part of those activities, or both. The vertical limits of special use airspace are measured by designated altitude floors and ceilings expressed as flight levels or as feet above MSL. Unless otherwise specified, the word “to” (an altitude or flight level) means “to and including” (that altitude or flight level). The horizontal limits of special use airspace are measured by boundaries described by geographic coordinates or other appropriate references that clearly define their perimeter. The period of time during which a designation of special use airspace is in effect is stated in the designation. All bearings and radials in this part are true from point of origin. Unless otherwise specified, all mileages in this part are stated as statute miles.

Restricted Areas: No person may operate an aircraft within a restricted area between the designated altitudes and during the time of designation, unless they have the advance permission of:

(a) The using agency described in § 73.15; or

(b) The controlling agency described in § 73.17.

These using agencies may be the agency, organization, or military command whose activity within a restricted area necessitated the area being so designated. Upon the request of the FAA, the using agency shall execute a letter establishing procedures for joint use of a restricted area by the using agency and the controlling agency, under which the using agency would notify the controlling agency whenever the controlling agency may grant permission for transit through the restricted area in accordance with the terms of the letter. The using agency shall:

(1) Schedule activities within the restricted area;

(2) Authorize transit through, or flight within, the restricted area as feasible; and

(3) Contain within the restricted area all activities conducted therein in accordance with the purpose for which it was designated.

For the purposes of this part, the controlling agency is the FAA facility that may authorize transit through or flight within a restricted area in accordance with a joint-use letter issued under § 73.15.

Prohibited Areas: No person may operate an aircraft within a prohibited area unless authorization has been granted by the using agency. For the purpose of this subpart, the using agency is the agency, organization or military command that established the requirements for the prohibited area.

Military Operations Areas: A Military Operations Area (MOA) is airspace established outside of Class A airspace to separate/segregate certain nonhazardous military activities from IFR traffic and to identify for VFR traffic where these activities are conducted. Activities. MOA’s are established to contain certain military activities such as air combat maneuvers, air intercepts, acrobatics, etc.

Alert Areas:  Airspace which may contain a high volume of pilot training activities or an unusual type of aerial activity, neither of which is hazardous to aircraft.

Warning Areas: A non regulatory warning area is airspace of defined dimensions designated over international waters that contains activity which may be hazardous to nonparticipating aircraft. The purpose of such warning areas is to warn nonparticipating pilots of the potential danger. Activities may be hazardous.

National Security Areas: A national security area (NSA) consists of airspace of defined vertical and lateral dimensions established at locations where there is a requirement for increased security of ground facilities. The purpose of such national security areas is to request pilot cooperation by voluntarily avoiding flight through the NSA. When circumstances dictate a need for a greater level of security, flight in an NSA may be temporarily prohibited by regulation under the provisions of 14 CFR Section 99.7, Special Security Instructions. Such prohibitions will be issued by FAA Headquarters and disseminated via the US NOTAM System.

 

 

 

Crewed Aircraft in your Airspace

CREWED AIRCRAFT

Lastly, if you want to be informed about crewed aircraft flying in the vicinity of your drone operation, you can always check with apps like FlightAware or ADS-B Exchange

 

 

Florida Code 330.41

330.41

Unmanned Aircraft Systems Act.

(1) SHORT TITLE. This act may be cited as the “Unmanned Aircraft Systems Act.”

(2) DEFINITIONS. As used in this act, the term:

(a) “Critical infrastructure facility” means any of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs which indicate that entry is forbidden, and which are posted on the property in a manner reasonably likely to come to the attention of intruders:

1. An electrical power generation or transmission facility, substation, switching station, or electrical control center.

2. A chemical or rubber manufacturing or storage facility.

3. A mining facility.

4. A natural gas or compressed gas compressor station, storage facility, or natural gas or compressed gas pipeline.

5. A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000 gallons or more.

6. Any portion of an aboveground oil or gas pipeline.

7. A wireless communications facility, including the tower, antennae, support structures, and all associated ground-based equipment.

8. A state correctional institution as defined in s. 944.02 or a private correctional facility authorized under chapter 957.

9. A secure detention center or facility, as defined in s. 985.03, or a nonsecure residential facility, a high-risk residential facility, or a maximum-risk residential facility, as those terms are described in s. 985.03(44).

10. A county detention facility, as defined in s. 951.23.

(b) “Drone” has the same meaning as s. 934.50(2).

(c) “Unmanned aircraft system” means a drone and its associated elements, including communication links and the components used to control the drone which are required for the pilot in command to operate the drone safely and efficiently.

State Preemption

(3) REGULATION.

(a) The authority to regulate the operation of UAS is vested in the state except as provided in federal regulations, authorizations, or exemptions.

(b) Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned aircraft system, including airspace, altitude, flight paths, equipment, or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications, training, and certification.

(c) This subsection does not limit the authority of a local government to enact or enforce local ordinances relating to nuisances, voyeurism, harassment, reckless endangerment, property damage, or other illegal acts arising from the use of UAS if such laws or ordinances are not specifically related to the use of an UAS for those illegal acts.

(d) A person or governmental entity seeking to restrict or limit the operation of drones in close proximity to infrastructure or facilities that the person or governmental entity owns or operates must apply to the FAA for such designation pursuant to s. 2209 of the FAA Extension, Safety, and Security Act of 2016.

(4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.

(a) A person may not knowingly or willfully:

1. Operate a drone over a critical infrastructure facility;

2. Allow a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or

3. Allow a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

(b) A person who violates paragraph (a) commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A person who commits a second or subsequent violation commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(c) This subsection does not apply to actions identified in paragraph (a) which are committed by:

1. A federal, state, or other governmental entity, or a person under contract or otherwise acting under the direction of a federal, state, or other governmental entity.

2. A law enforcement agency that is in compliance with s. 934.50, or a person under contract with or otherwise acting under the direction of such law enforcement agency.

3. An owner, operator, or occupant of the critical infrastructure facility, or a person who has prior written consent of such owner, operator, or occupant.

(d) Subparagraph (a)1. does not apply to a drone operating in transit for commercial purposes in compliance with Federal Aviation Administration regulations, authorizations, or exemptions.

(e) This subsection shall sunset 60 days after the date that a process pursuant to s. 2209 of the FAA Extension, Safety and Security Act of 2016 becomes effective.

(5) CONSTRUCTION. This section shall be construed in accordance with standards imposed by federal statutes, regulations, and FAA guidance on UAS.

Florida Code 330.411

330.411

Regulation of Aircraft, Pilots, and Airports

Prohibited possession or operation of UA. A person may not possess or operate an UA or UAS as defined in s. 330.41 with an attached weapon, firearm, explosive, destructive device, or ammunition as defined in s. 790.001.

Florida Code 860.13

860.13

Operation of aircraft while intoxicated or in careless or reckless manner; penalty.

(1) It shall be unlawful for any person:

(a) To operate an aircraft in the air or on the ground or water while under the influence of:

  1. Alcoholic beverages;
  2. Any substance controlled under chapter 893;
  3. Any chemical substance set forth in s. 877.111; or

(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.

(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.

(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the FAA for its guidance and information with respect to the pilot’s certificate.

Florida Code 934.50

934.50

Searches and seizure using a drone.

(1) SHORT TITLE. This act may be cited as the “Freedom from Unwarranted Surveillance Act.”

(2) DEFINITIONS. As used in this act, the term:

(a) “Drone” means a powered, aerial vehicle that:

  1. Does not carry a human operator;
  2. Uses aerodynamic forces to provide vehicle lift;
  3. Can fly autonomously or be piloted remotely;
  4. Can be expendable or recoverable; and
  5. Can carry a lethal or nonlethal payload.

(b) “Image” means a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property.

(c) “Imaging device” means a mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting an image.

(d) “Law enforcement agency” means a lawfully established state or local public agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.

(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, except as provided in subsection (4).

(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.

(4) EXCEPTIONS. This section does not prohibit the use of a drone:

(a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.

(b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.

(c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person.

(d) To provide a law enforcement agency with an aerial perspective of a crowd of 50 people or more, provided that:

1. The law enforcement agency that uses the drone to provide an aerial perspective of a crowd of 50 people or more must have policies and procedures that include guidelines:

a. For the agency’s use of a drone.

b. For the proper storage, retention, and release of any images or video captured by the drone.

c. That address the personal safety and constitutional protections of the people being observed.

2. The head of the law enforcement agency using the drone for this purpose must provide written authorization for such use and must maintain a copy on file at the agency.

(e) To assist a law enforcement agency with traffic management; however, a law enforcement agency acting under this paragraph may not issue a traffic infraction citation based on images or video captured by a drone.

(f) To facilitate a law enforcement agency’s collection of evidence at a crime scene or traffic crash scene.

(g) By a state agency or political subdivision for:

1. The assessment of damage due to a flood, a wildfire, or any other natural disaster that is the subject of a state of emergency declared by the state or by a political subdivision, before the expiration of the emergency declaration.

2. Vegetation or wildlife management on publicly owned land or water.

(h) By certified fire department personnel to perform tasks within the scope and practice authorized under their certifications.

(i) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license. However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons.

(j) By an employee or a contractor of a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation.

(k) To capture images by or for an electric, water, or natural gas utility:

  1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and integrity;
  2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities;
  3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way;
  4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or
  5. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit.

(l) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with FAA regulations.

(m) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with FAA regulations.

(n) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law.

(o) By a communications service provider or a contractor for a communications service provider for routing, siting, installation, maintenance, or inspection of facilities used to provide communications services.

(p) By a non-law enforcement employee of the Fish and Wildlife Conservation Commission or of the Florida Forest Service for the purposes of managing and eradicating invasive exotic plants or animals on public lands and suppressing and mitigating wildfire threats.

(5) REMEDIES FOR VIOLATION.

(a) An aggrieved party may initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of this section.

(b) The owner, tenant, occupant, invitee, or licensee of privately owned real property may initiate a civil action for compensatory damages for violations of this section and may seek injunctive relief to prevent future violations of this section against a person, state agency, or political subdivision that violates paragraph (3)(b). In such action, the prevailing party is entitled to recover reasonable attorney fees from the non-prevailing party based on the actual and reasonable time expended by his or her attorney billed at an appropriate hourly rate and, in cases in which the payment of such a fee is contingent on the outcome, without a multiplier, unless the action is tried to verdict, in which case a multiplier of up to twice the actual value of the time expended may be awarded in the discretion of the trial court.

(c) Punitive damages for a violation of paragraph (3)(b) may be sought against a person subject to other requirements and limitations of law, including, but not limited to, part II of chapter 768 and case law.

(d) The remedies provided for a violation of paragraph (3)(b) are cumulative to other existing remedies.

(6) PROHIBITION ON USE OF EVIDENCE. Evidence obtained or collected in violation of this act is not admissible as evidence in a criminal prosecution in any court of law in this state.

(7) SECURITY STANDARDS FOR GOVERNMENTAL AGENCY DRONE USE.

(a) As used in this subsection, the term:

1. “Department” means the Department of Management Services.

2. “Governmental agency” means any state, county, local, or municipal governmental entity or any unit of government created or established by law that uses a drone for any purpose.

(b) By January 1, 2022, the department, in consultation with the state chief information officer, shall publish on the department’s website a list of approved manufacturers whose drones may be purchased or otherwise acquired and used by a governmental agency under this section. An approved manufacturer must provide appropriate safeguards to protect the confidentiality, integrity, and availability of data collected, transmitted, or stored by a drone. The department may consult state and federal agencies and any relevant federal guidance in developing the list of approved manufacturers required under this paragraph.

(c) Beginning on the date the department publishes the list of approved drone manufacturers under paragraph (b), a governmental agency may only purchase or otherwise acquire a drone from an approved manufacturer.

(d) By July 1, 2022, a governmental agency that uses any drone not produced by an approved manufacturer shall submit to the department a comprehensive plan for discontinuing the use of such a drone. The department shall adopt rules identifying the requirements of the comprehensive plan required under this paragraph.

(e) By January 1, 2023, all governmental agencies must discontinue the use of drones not produced by an approved manufacturer. The department shall establish by rule, consistent with any federal guidance on drone security, minimum security requirements for governmental agency drone use to protect the confidentiality, integrity, and availability of data collected, transmitted, or stored by a drone. The department may consult federal agencies in establishing the minimum security requirements required under this paragraph.

Florida Code 5I-4.003

5I-4.003

Vehicular, Animal, and Pedestrian Control

(11) No person shall takeoff or land an aircraft on managed lands, except at a runway or a helispot and only with authorization from the Service, and such authorization shall be based upon a determination that the takeoff or landing will not endanger the health, safety or welfare of any person; potentially damage the forest resources; or interfere with management objectives of that forest as provided in that forest’s management plan. Authorization from the Service is not required in an emergency or for Service official business.

Aventura Code 30-210 and 211

Aventura Code 30-210 and 211

Sec. 30-210. – Drone restrictions at public gatherings.

(a) Purpose and intent. This section is intended to promote public safety and protect people attending outdoor public gatherings from dangers posed by the flying of unmanned aircraft systems (the “UAS” or “drones”) in and over such public gatherings. The City Commission wishes to regulate the use of drones at outdoor venues where people gather, such as parks and athletic field facilities, open spaces and similar areas that may attract groups of people. The restrictions of this section are intended to protect persons gathered in groups where a drone incident would cause greater harm and risk of injury due to a greater number of people gathered in a close proximity. This section shall not be construed to conflict with FAA regulations, but rather to operate in conjunction with those regulations to promote public safety.

(b) Definitions. As used herein, the following terms shall have the meaning which is indicated below:

Operator shall mean the person or corporation that operates or controls a drone.

Public Gatherings shall mean an outdoor area within the City at which more than 50 people congregate or assemble to observe and/ or participate in an athletic or sporting event, festival, show, outdoor movie, concert, exhibit, or engage in an organized demonstration or similar free speech activity, which is held in a public space, open space, plaza, street, park, athletic field, school grounds, shopping center or mall parking lot, or any open-air facility, when the time, date and location of such public gathering is posted on the City’s website for the purpose of providing advance notice to the public and drone operators. The date of such posting on the City’s website shall be at least three days prior to the date of the public gathering in order to be considered effective notice under this provision.

Unmanned aircraft systems (UAS or drone) shall mean a powered, aerial vehicle as defined in F.S. § 934.50(2)(a), which statutory definition is hereby incorporated herein.

(c) Prohibitions. Unless otherwise exempt under this section, a drone is prohibited from being deployed, launched or flown in any airspace within or over any public gathering, as defined above. Accordingly, no person shall deploy, launch or fly a drone in any airspace within or over a public gathering in the City.

(d) Exemptions. This section shall not prohibit the use of a drone by any law enforcement or fire rescue agency, public utility, or local, county, regional, state, or federal governmental agency for lawful purposes and operated in a lawful manner. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to apply to any person who demonstrates that such person is expressly authorized by the FAA to operate a drone in City air space at a public gathering, in accordance with the authority granted by the FAA.

(e) Enforcement.

(1) Penalty. Any person in violation of any provision of this section shall be subject to the penalty provided in section 1-14 of the Code. However, in addition to, or in lieu of any such penalty, the City shall have the power to sue in civil court and/or to enforce the provisions of this section before its Code Enforcement Special Magistrate established in chapter 2, section 2-331, et seq. of the Code, as amended.

(2) In addition to the penalties referenced above, a drone operated in violation of this section may be impounded by a police officer of the City and held until the conclusion of the applicable court or code enforcement proceedings.

Sec. 30-211. – Protection of privacy from drone use.

(a) Short title. This section may be cited as the “Drone Privacy Protection Ordinance.”

(b) Definitions. As used in this section, the term:

Drone means a powered, aerial vehicle as defined in F.S. § 934.50(2)(a), which statutory definition is hereby incorporated herein.

Image means a record of thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property.

Imaging device means a mechanical, digital, or electronic viewing device; still camera; camcorder; motion picture camera; or any other instrument, equipment, or format capable of recording, storing, or transmitting an image.

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.

(c) Prohibited use of drones.

(1) A person shall 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.

(2) No person shall engage in conduct which is prohibited by subsection (1) above.

(3) This section is intended to prohibit conduct by a person that would give rise to a cause of action under F.S. § 934.50(5)(b), as authorized by Florida Attorney General Opinion 16-04(2016).

(d) Exceptions. This section does not prohibit the use of a drone:

(1) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license. However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons.

(2) By an employee or a contractor of any local, county, state or federal governmental agency who uses a drone solely for governmental purposes.

(3) To capture images by or for an electric, water, or natural gas utility:

a. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and integrity;

b. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities;

c. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way;

d. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or

e. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit.

(4) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with FAA regulations.

(5) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with FAA regulations.

(6) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law.

(e) Enforcement for violation. The City may initiate City code enforcement proceedings, and impose administrative fines and costs, pursuant to section 2-331, et seq. of chapter 2 of the Code against any person in violation of subsection (c) above, at the written request of the owner, tenant, occupant, invitee, or licensee of privately owned real property within the City who is aggrieved by a violation of this section or F.S. § 934.50(3)(b). Alternatively, such code enforcement proceedings may be commenced upon the City’s own initiative.

Bonita Springs 28-41

Bonita Springs 28-41

(k) Unmanned aircraft. Any person who obtains a special event permit may use a drone to photograph their special event in the park during the course of the event. For hobby or recreational use, unmanned remote control non-occupied planes and drones may only be flown at Community Park, unless there is a concessionaire agreement. Use of UA may only occur when the fields are unoccupied. Operation of any UA must be done so as to not be flown within 25 feet of people, power lines, buildings or light fixtures. Any delivery service or commercial use of drones must obtain the consent of the parks and recreation director through the use of a written concessionaire agreement for operation on any city lands.

Canaveral Port Authority Rule 577

Canaveral Port Authority Rule 577

TARIFF NO. 16 SECTION 500, RULE 577-
FILMING, PHOTOGRAPHY AND UNMANNED AIRCRAFT SYSTEMS

Operation or control, or assisting or permitting the operation or control, of any unmanned system upon lands owned by the Canaveral Port Authority is prohibited without prior authorization from CPA. Unmanned systems include aircraft or watercraft drones, including communication links and the components used to control them. Requests for authorizations must be made to the CPA Public Safety and Security Department at least 48 hours in advance of the intended operation. Persons found in violation of this rule may be subject to trespass from CPA property.

City of Key West Code

City of Key West Code

Sec. 26-300. – Purpose and intent.

It is the purpose of this article to provide the residents and visitors of the City of Key West protection from invasions of privacy, and reckless operation over crowded areas, due to the rapid implementation of drone technology being put into use by individuals and business entities. The unregulated use of drones also poses a significant public safety concern to individuals and property on the ground and other nearby aircraft in the event of malfunction, operator negligence, loss of control, or other inability to sustain flight as intended. Nothing in this ordinance is intended to prevent, prohibit, or regulate any type of drone or remote controlled model aircraft that are otherwise permitted by the FAA for recreational use, or any operator who lawfully possesses a Certificate of Authorization or Letter of Exemption issued by the FAA.

Sec. 26-301. – Definitions.

The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning:

Drone means any powered, aerial vehicle, that is either fixed wing or rotor-operated, that does not carry a human being, which uses aerodynamic forces to provide the vehicle with lift, that can fly autonomously or be piloted remotely, and that can be expendable or recoverable.

Sec. 26-302. – Prohibitions.

No person may operate a drone, whether or not it has the capability of capturing or transmitting audio, video, or still images within or over the City of Key West, unless the drone operator possesses either a certificate of authorization, a letter of exemption lawfully issued by the FAA, or unless the operator is using a drone strictly for recreational purposes pursuant to the FAA Interpretation of the Special Rule for Model Aircraft cited as 14 CFR Part 91 and attached as Exhibit A.

Sec. 26-303. – Penalty.

There shall be one verbal or written warning for any first time offender of this article provided that compliance is immediately achieved. Subsequent violations of this article shall be punished consistent with section 1-15 of the Code of Ordinances for the City of Key West.

 

Lake County Park Rules

Lake County Park Rules

Sec. 16-7. Prohibited activities.

(a) Unless authorized by the Director or designee or otherwise permitted under this chapter, the following activities are prohibited on park property:

(9) Non-recreation areas. No person or persons shall engage in rough or potentially dangerous games or practice for same, such as football, baseball, softball, horseshoes, quoits, tennis volleyball, badminton or any other games, practice or exercise involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins, shuttlecocks, Frisbees, model aircraft, roller skates or skateboards in those areas posted as non-recreation areas, or in those areas specifically restricted.

(b) Any person violating this section may be ordered by a law enforcement officer or any other person having authority to enforce this section to leave the Park or Park property. Failure to comply with such order shall constitute a separate violation of this section.

Miami Code 37-12

Miami 37-12

Public safety and unmanned aircraft systems, commonly known as drones.

(a) Purpose and intent. This section is intended to promote public safety and protect people attending large venue public events from the flying of unmanned aircraft systems (“UAS”) in and over such large public events. The city commission wishes to regulate the use of UAS within a half-mile radius around stadiums and sport facilities when these devices are in use, and over other large venue special events in public parks, public facilities, streets, plazas, open spaces and the like that will attract large groups of people. All restrictions are intended to protect persons gathered in groups where a UAS incident would cause greater harm and risk of injury due to a greater number of people gathered in a close proximity. It is not intended to restrict legitimate hobbyists operating UAS in compliance with FAA rules and any other applicable laws, and outside of the prohibited areas. This Section is not intended to preempt FAA rules, but rather to operate in conjunction with those rules to promote public safety while recognizing the limitation in the FAA’s enforcement capabilities.

(b) Definitions.

Applicant shall mean the person or corporation that registers their UAS provided all the requirements in the code have been met.

Large venue special event shall mean any event held in a public space, open space, plaza, street, park, stadium, or any open-air facility or closed-air facility that is open to the public, ticketed and/or non-ticketed audience and is an event intended to attract people. A large venue special event includes but is not limited to, a sporting event, concert, festival, protest, etc.

Unmanned aircraft systems (UAS) shall mean an UA or UAS that can fly under the control of a remote pilot or by GPS guided autopilot mechanism. UAS are more commonly known as “drones.”

(c) Prohibitions.

(1) Unless otherwise exempt under this section, UAS are prohibited from being deployed, launched or flown in any airspace within or over any sporting and/or large venue special event, including but not limited to, over and within a half-mile radius of Bayfront Park, Marlins Ballpark, Miami Marine Stadium, or the Calle Ocho Festival when it is in use during a large venue special event, and over public parks and public facilities during large venue special events.

(2) In all other areas of the city, the following restrictions shall apply:

a. UAS may not be larger than five pounds including any attachments, and may not be equipped with detachable cargo, releasable payload, or any device equipped to carry a weapon. Any modifications to a UAS must be pursuant to FAA approval and registered via the city’s application process.

b. UAS over five pounds may be operated only by a registered member of the AMA, if the operator is subjected to and compliant with AMA rules. Notwithstanding the weight limit, all other provisions of this section shall apply.

c. Conditions in subsections (2) a. and b. above shall be included as conditions in the application process.

(d) Application.

(1) An application is required for certain activities so that city officials and employees can regulate activities which would tend to damage private/public property, endanger the public or event attendees, or which are likely to create an atmosphere which would discourage use of city-owned property, other locations or venues for their intended purpose.

a. The application form shall be completed by the applicant.

b. The application shall be processed and approved by the appropriate city official (s) and departments as is accustomed through the city’s regular special event and temporary event process as established in the City Code in chapters 54 and 62 prior to allowing the use of a UAS pursuant to this article.

c. The applicant’s form shall require the name of applicant, valid governmental issued identification, current address and phone number(s) of applicant, photograph of UAS to be registered, UAS name and serial number or product number, and statement of purpose for use of the UAS.

d. Applications must be made at least 14 days prior to requested usage time of UAS to ensure proper review of application by city officials.

e. The city manager is authorized to establish fees for the processing of applications pursuant to this article. Thereafter, the city manager shall set and annually revise and adjust said fees, if necessary, prior to the first day of September, and such revised fees shall become effective the first day of October of each fiscal year via an administrative memorandum. In reviewing the existing schedule of fees to determine whether or not to revise and adjust the same, the city manager shall take into consideration any one, or all of the following criteria: (i) purpose and type of event(s) or program(s) conducted at the city-owned properties or at the large venue special events, including benefits to the community; (ii) operating expenses of the application process described herein; (iii) and/or other factors deemed appropriate by the city manager. At any time, the city manager shall be authorized to negotiate the fee for all applications to use UAS above should it be determined that the current schedule of fees does not properly address a particular type of event.

f. Same – Rules and conditions. The following rules and conditions shall apply to applications sought pursuant to this section:

  1. UAS activity described in this article is allowed on a first come, first served basis.
  2. Applications are nontransferable and are valid only on the date specified thereon.
  3. The applicant shall be held responsible for any damage and be liable to any third party.
  4. The applicant shall observe, obey, and comply with the rules and regulations established by this section, as well as all applicable city, county, state and federal laws, rules and regulations.
  5. The applicant shall assume all risk in the use of the UAS and shall be solely responsible and answerable in damages for all accidents and injury to person or property, as well as fines in connection with violations of this section or other applicable law.
  6. Special conditions related to safety may be imposed for particular large venue special events depending upon occupancy or other safety considerations.

(e) Exemptions. This section shall not prohibit the use of UAS by an applicant under this section or by any law enforcement or fire rescue agency for lawful purposes and operated in a lawful manner. Notwithstanding the prohibitions set forth in this section, nothing in this section shall be construed to prohibit, limit, or otherwise restrict any person who is authorized by the FAA to operate SUA in any city air space, pursuant to Sections 331—336 of the FAA Modernization and Reform Act of 2012 or certificate of waiver, certificate of authorization, or airworthiness certificate under section 44704 of Title 49 of USC or other FAA grant of authority for a specific flight operation or operations, from conducting such operation(s) in accordance with the authority granted by the FAA.

(f) Enforcement.

(1) Penalty. Any person in violation of any provision of this section shall be subject to the penalty as provided in section 1-13; however, in addition to, or in lieu of any criminal prosecution, the city shall have the power to sue in civil court and to enforce the provisions of this article before its code enforcement board established in chapter 2, article X of the Code of the City of Miami as amended. In addition to the penalties referenced above, a UAS operated in violation of this chapter will be impounded and held until the conclusion of the court or code enforcement proceedings.

(2) Release and disposal. Following the city’s receipt of the request for an adversarial hearing by the owner of the UAS, the city shall schedule such hearing to take place before a hearing officer within 45 days. The hearing officer shall conduct a full adversarial hearing and will render a decision in writing at the conclusion of the hearing. At the hearing, it shall be the city’s burden to demonstrate a violation of this section. If the hearing officer finds that the city has not met this burden, it shall relinquish possession of the UAS to the owner. Formal rules of evidence shall not apply at the hearing and hearsay and circumstantial evidence shall be admissible. Title to any unclaimed UAS lawfully impounded pursuant to this section in the custody of the city shall vest permanently in the city 60 days after the conclusion of the proceeding in accordance with F.S. § 705.105, as amended.

(g) Liability and insurance.

(1) Prior to the finalization of the application, the applicant/operator shall furnish to the city a signed statement, approved by the city attorney, that the applicant/operator shall hold-harmless, indemnify and defend the city, its elected officials, officers, and employees for any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the application.

(2) Applicant shall furnish and maintain such public liability and property damage insurance to protect from all claims and damage to property or bodily injury which may arise from operations under the application or in connection therewith subject to an assessment by risk management.

National Marine Sanctuaries Rules

National Marine Sanctuaries

Overflight regulations within Olympic CoastGreater FarallonesMonterey Bay and Channel Islands National Marine Sanctuaries require that motorized aircraft maintain minimum altitudes above specified coastal waters. Failure to comply with these minimum altitude limits is presumed to disturb marine mammals and seabirds and is a violation of federal regulations for the sanctuaries.

Orlando Municipal Code

Orlando Municipal Code

Sec. 8.01. Definitions.

Aircraft means any contrivance now known or hereafter invented, used or designed for navigation of, or flight in the air, except for a drone, as defined in section 934.50, Florida Statutes, or a parachute or other contrivance used primarily as safety equipment.

Palm Beach Code 14-35

Palm Beach Code 14-35

Sec. 14-35. – Drones; model aircraft.

(a) Definition. Drone / Model Aircraft is defined as a powered, aerial vehicle that:

a) Is any contrivance used or designed to navigate or fly in the air;

b) Does not carry a human;

c) Uses aerodynamic forces to provide vehicle lift;

d) Can fly autonomously or be piloted remotely;

e) Can be expendable or recoverable;

f) Model aircraft of less than three pounds and which do not carry a camera are not included within this definition.

(b) Operation of drone/model aircraft within the town.

Drones and model aircraft operated within the town shall be operated and registered in accordance with all rules and regulations of the FAA and the State of Florida relating to said operation and registration.

Pinellas County Park Rules

Pinellas County Park Rules

Sec. 90-7. Activities within county-owned or managed lands.

(q) Aircraft. No person operating, directing, or responsible for any airplane, helicopter, drone, glider, hang glider, hot air balloon, dirigible, parachute, or other aerial apparatus, including those radio controlled or otherwise unmanned, shall take off from or land in or on any county-owned or managed land, except for purposes of public safety or where written permission has been obtained from the administrator or designee.

Town of DeFuniak Springs Ordinance

Town of DeFuniak Springs

Ordinance 866

An ordinance to be known as the City of DeFuniak Springs regulations related to the operation of UAVs ordinance; providing, rules and requirements for the operation of UAVs within the City of DeFuniak Springs; and providing an effective date.

Be it ordained by the City Council of the City of DeFuniak Springs, Florida

Article I

Section 1. Purpose: Harmony with Other Governmental Regulations

The City Council hereby recognizes that UAVs, also known as drones, can pose unique safety, nuisance, and privacy invasion risks; thus regulating the operation of UAVs within the city is needed to promote the public safety and welfare of the City and its residents. These regulations are to be read in harmony with all other regulations regarding the use of UAVs, specifically including any rules promulgated by the FAA. Further, compliance with these regulations should not be interpreted as express, implied or tacit approval to operate an UAV in violation of any other governmental regulations or in a manner, which jeopardizes the health, safety, or welfare of the public. Nothing in this article shall be construed to authorize the operation of any UAV in the City Limits airspace in violation of any Federal statute or rules promulgated thereunder. Operators of UAVs should familiarize themselves with all applicable regulations relating to the use of an UAV, including the FAA requirements regarding notification of an airport operator and control tower, where applicable, prior to operating an UAV within five miles of an airport, including but not limited to the DeFuniak Springs Municipal Airport.

Section 2 – Definitions

A. The following words, terms, and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

1. “Commercial Use” means the use of an UAV within the City Limits for a commercial purpose, including aerial photography, aerial mapping, or geospatial Imaging.

2. “Commercial User” means any company, entity or person who is in the business of flying an UAV for a Commercial Use.

3. “DFSP” means “The Office of the City Marshal” also known as, DeFuniak Springs Police Department.

4. “DFS-ACM” means Assistant City Manager

5. “FAA” means the Federal Aviation Administration

6. “Law Enforcement Agency” means a lawfully established federal, state, or local public law enforcement agency that is responsible for the prevention and detection of crime, local government code enforcement, and the enforcement of penal, traffic, regulatory, game, or controlled substance laws.

7. “Private Property” means all parcels of land within the City of DeFuniak Springs limits that are not Public Property, including, but not limited to, residences, schools, churches, resorts, utility substations, golf course, or lakes.

8. “Public Property” means streets, rights of way, parks, lakes, and other parcels of land owned by the City of DeFuniak Springs. Florida

9. “Unmanned Aerial Vehicle” or “UAV” (aka “Drone”) means an aircraft that maybe flown without a pilot or operator in or touching the aircraft.

Section 3 – Restrictions; Exceptions

A. Private Property. It is unlawful for a person to use a UAV over Private Property at a level between zero feet and five hundred feet above the ground level of the Private Property without the express written permission of the owner of the Private Property over which the UAV is flying.

B. Public Property. The use of a UAV/drone over Public Property within the City Limits is unlawful unless the use has been authorized by the issuance of a Special Event Permit approved by City Council.

C. Commercial Use on Private or Public Property. The Commercial Use of UAV within the City Limits is unlawful unless the Commercial User has met the requirements provided in subsection A and B above with respect to operation of a UAV on either Private Property or Public Property and the following additional requirements:

1. Registered as a Commercial User with the DFSP, said registration to include proof of having obtained the appropriate certifications or registrations required from the FAA for the type of Commercial Use(s) to be conducted within the City Limits by the Commercial User; Provided a list of the types and number of UAVs that the Commercial User plans to use within the City Limits, as well as the brand and model of each UAV; any registration number, license number or other identifying information for each such UAV, specifically including registration numbers supplied by the FAA; and photos of each UAV, at least one such photo to show the particular registration or license number for each UAV; and

2. At least four hours prior to each Commercial Use of a UAV, the Commercial User shall provide notification to the DFSP and the DFS-ACM or his/her designee of the planned date, time, location of the Commercial Use, contact information for the Commercial User, and other information required by the Police Department.

D. Exceptions. In addition to the uses allowed above, the use of a UAV is allowed Within the City Limits for:

1. Recreational use of an UAV within one’s own property so long as such use is at a height of less than five hundred feet (500′) and not in violation of the additional violations set forth in subsection E below; or

2. By a Law Enforcement Agency in response to an emergency situation or after obtaining a warrant based upon probable cause that criminal activity is occurring.

E. Additional Violations. In addition to those violations enumerated above, the following are violations of this Article, even under an otherwise authorized use or exception. No person or entity shall operate a UAV within the City Limits:

1. In a careless or reckless manner that poses an apparent or actual threat of harm, or actual harm to persons or property; or

2. Without the express permission of a person, owner, or authorized representative, to capture, view, record or transmit any visual image or audio recording of such person or their private real property, located In the City Limits, under circumstances in which the subject person or owner of the private property has a reasonable expectation of privacy (including, but not limited to, inside a private residence, school room, resort room, office, or inside an enclosed yard); or

3. In such a manner as to intentionally harass, annoy, or assault a person or persons or to cause a public nuisance.

Section 4 — Violations/Penalties:

Violation of any part of this ordinance shall be a misdemeanor of the 2nd degree punishable pursuant to Florida Law.

This ordinance shall take effect upon adoption by the DeFuniak Springs City Council

– 23 May 2016

 

Weston Code Section 52

Weston Code Section 52

52.18 TAKE-OFF AND LANDING OF UAVs PROHIBITED.

The take-off and landing of UAVs is prohibited in all Public Places without written authorization by the City Manager.

Zephyrhills Code Section 91

Zephyrhills Code Section 91

91.080 GENERAL RULES.

(H) Kites, models, balloons prohibited. No kites, model airplanes, tethered unmanned balloons or other objects constituting a hazard to aircraft operations shall be flown on or within the vicinity of the Airport.

University Drone Policies

Florida Atlantic University

Florida Gulf Coast University

Florida Polytechnic University UAS Policy

Florida State University (FSU)

Florida Tech (FIT) UAS Policy

University of Central Florida

University of Florida Drone Policy

University of Miami

University of South Florida UAS Policy & Procedure

University of Tampa Drone Policy

Note: This list is just a sample… many more could be added.

 

Advanced Air Mobility (AAM)

Florida DOT AAM

City of Orlando AAM

The City of Orlando aims to become national leader in AAM and announced in 2021 crucial partnerships with VHB and NASA to further the city’s efforts. Under the leadership of Orlando Mayor Buddy Dyer, the city has partnered with VHB to convene regional transportation stakeholders to create an AAM Transportation Plan to prepare for new mobility options, including emerging eVTOL technologies. The AAM Transportation Plan will evaluate anticipated transportation, economic, environmental and community impacts associated with AAM through a regional connectivity plan. As part of this effort, beginning in September 2021 and lasting for several months, the city is convening transportation agencies, local governments and private stakeholders to discuss regional transportation and environmental challenges and opportunities. The development of the AAM Transportation Plan aligns with Orlando’s vision to become America’s premier Future-Ready City by staying ahead of the city’s opportunities, ensuring the City Beautiful remains a global destination where everyone can thrive.

The City of Orlando is one of five government entities (and the only municipality) selected to participate in NASA’s new AAM aero-research partnership, an initiative that allows NASA’s aeronautical innovators to work with participating governments to define what it means to be a sustainable, resilient community with AAM as a significant new mode of public transportation. The NASA partnership will continue with a series of workshops through summer of 2022.

The City of Orlando is working with Tavistock Development Company and Munich-based aviation company Lilium to create America’s first vertiport for a high-speed electric air mobility network. The vertiport will be located in Lake Nona and is expected to launch in 2025 with Lilium’s eVTOL jet aircrafts.

The City of Orlando is a founding member of the World Economic Forum’s Advanced and Urban Aerial Mobility Cities and Regions Coalitions, which launched in March 2022 and brings together cities and regions at the forefront of advanced air mobility to collaborate and share expertise to develop a range of solutions that other cities and regions can adopt based on their own circumstances.

Founding city and region members include: Amsterdam, Massachusetts, Orlando, Los Angeles, Île-de-France (Paris region), and Sao Paulo.

The coalition will build on work that has taken place in Europe under the Urban-Air-Mobility Initiative Cities Community (UIC2) of the European Union’s Smart Cities Marketplace.

City of Orlando UAM Overview Whitepaper

 

2023 – Tampa International Airport to host first-ever ‘air taxi’ test flight

2024 – Atlantic Aviation And Archer Aviation Align To Pursue Development Of Electric Aircraft Infrastructure Across LA, Northern California, South Florida, And NYC Regions

2024 – Lilium Designates Future Orlando Vertiport as Key Network Hub, Supports its Designation as Advanced Mobility Site

2024 – Lilium designates future Orlando Vertiport as key network hub

2024 – Joby Widens USAF Partnership, Will Deliver Two eVTOL Aircraft to MacDill AFB

2024 – FDOT Prioritizes Emerging Aviation Technology to Expand Florida’s Transportation Network

2024 – UrbanLink Plans South Florida eVTOL Network with Lilium Order

2024 – UrbanLink, Ferrovial to develop vertiports in Florida, California

2024 – UrbanLink Air Mobility Forges Partnership with Skyway Technologies, Expands Advanced Air Mobility Support Network in the U.S.

 

 

 

Short Essay Questions

Question 1

You have been hired by a Drone Startup Company. Your boss has immediately assigned this job to you.

They need you to prepare a one-page memo detailing the legalities of inspecting the Singing Tower at Bok Tower Gardens National Historic Landmark (Lake Wales, Florida), pictured above.

They need you to mention any state laws and local ordinances.

They specifically want to know what airspace you will be operating in, and whether or not you need an airspace authorization, with or without LAANC capability.

Lastly, there is a bonus for you if, as you scroll through this chapter, you find any typos or broken links!

Question 2

Do the state drone laws implicate the First Amendment? If so, describe, citing the exact law.

Question 3

Do the state drone laws implicate the Fourth Amendment? Or involve law enforcement officers obtaining warrants? If so, describe, citing the exact law.

Question 4

Do the state drone laws contain a preemption clause? If so, describe, citing the exact law.

Question 5

Does the state have UAM/AAM laws? If so, describe, citing the exact law.

Question 6

Are you aware of any new laws or policies not mentioned above? If so, describe, citing the exact law or policy.

 

 

 

License

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Drones Across the World Copyright © 2023 by Sarah Nilsson is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

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