A new bill moving through the Florida Senate gives homeowners the right to defeat drones that use “reasonable force” to violate their privacy rights, raising new legal questions about where they can go to protect their homes from surveillance, while facing direct conflict with federal airspace regulations.
The bill focuses primarily on expanding the scope of locations protected from drone flights in the state, such as airports and correctional facilities, while further regulating the use of unmanned aircraft systems (UAS).
In particular, the bill allows homeowners to use “reasonable force” to stop drones from violating privacy expectations.
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The bill proposed in the Florida Senate allows homeowners to use “reasonable force” to defeat drones that infringe their rights of privacy. (Photo Alliance by Jens Büttner/Getty Images)
“No one wants to sit on their property and film what they’re doing for any reason,” Florida-based Raul Gastesi told Fox News Digital. “Almost every state has privacy laws, including drones. I can’t say I’ve seen a place to allow self-help.”
The bill highlights the legal gray area surrounding the rights of homeowners and drone pilots. Under federal law, it is legal to fly a drone to a private residential area if it remains in unlimited airspace.
However, drone pilots operating low-flight aircraft that cause trouble for homeowners can be prosecuted for trespassing and in extreme cases can stalking.
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a 2024 Florida Law The title, titled “Freedom from Unfair Surveillance Laws,” prohibits drone operators from using aircraft to capture photos and videos of private property and citing their rights to privacy. However, we do not use drones to collect live views of a person’s property.
“We will include imaging devices that display or record images of private property with the intent to conduct monitoring in violation of reasonable expectations of privacy,” Gastesi said. “If I’m in the park, playing baseball with my kids and someone takes up the drone just to show what’s going on in the park, do I really expect privacy? But if my daughter is sunbathing in the pool behind my house, I expect privacy.”
If passed, the bill allows homeowners to bring the matter into their own hands if a drone is found on property, but does not specify what constitutes a “rational force” that can force a showdown between Florida law and the Federal Aviation Administration (FAA).
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FAA regulations allow drones to fly through residential areas as long as they are in unlimited airspace. (istock)
the current, Federal Law Violators have large fines and prohibit anyone from tampering with aircraft while they are in the air while they are in prison for up to five years.
“Under federal law, it is illegal to shoot an aircraft,” the FAA said in a statement in Fox News Digital. “Civil citizens who fire on any aircraft, including unmanned aircraft, pose serious safety hazards.”
The FAA declined to comment on the bill, citing its inability to comment on the disputed law.
State Sen. Keith L. Truneau, R-FL, sponsoring the bill, did not immediately respond to Fox News Digital’s request for comment.
The bill directly contradicts federal law and opens the door to homeowners facing confusion about what is permitted.
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Drones have become more popular and have been used more frequently in recent years by businesses and civilians. (istock)
“There are certain things that are permitted under state laws that are not permitted under federal law,” Gastesi said. “Just because your state says you can do it doesn’t mean the federal government won’t prosecute you.”
The FAA also cites the safety hazards that may come with hindering drone flights, particularly in areas with larger populations.
“An unmanned aircraft that has been shot can damage people and property on the ground or collide with other objects in the air,” the FAA said in a statement in Fox News Digital. “Flame shots on unmanned aircraft could result in civil penalties from the FAA and criminal charges from federal, state or local law enforcement agencies.”
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The bill does not explicitly legalize it to use firearms to defeat a useless drone, but Gastesi believes it could have dangerous consequences as everything that rises must go down.
“Ejecting or using the device is not as dangerous as the outcome. [the drone] When he collapsed, Gastesi told Fox News Digital. [and] On a residential area.
“But if you use it the wrong way, you can kill people and go to prison for a long time.”
State law prohibits fire guns in local areas with exceptions for self-defense. However, Gastesi doesn’t think he’ll use a firearm to shoot down a drone.
“When you’re defeating a drone, are you protecting your property?” Gastesi said. “I think you’re defending your right to privacy. I don’t necessarily think you’re defending your property. That would be an argument against someone who’s been charged with the crime of protecting their property. [but] In the way the law was written, I don’t think it will win. That’s very concerning. Giving people the right to discharge firearms in open spaces in public is a real concern and I don’t know how my fellow Floridians will react to this. ”
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The first bill focuses on growing anxiety across the country as drone sightings become more frequent, potentially leading to similar law gusts from additional states as lawmakers compete to keep up with evolving technology.
“I think there will be other states that will follow,” Gastesi said. “In particular, the states with the most liberal gun laws are open countries.
The bill is sailing through various rarely contested committees and is currently being considered by Senators Florida. If you pass, it will take effect in October 2025.
