Unmanned drones have been becoming increasingly popular throughout the United States. Statistics show that the commercial drone industry was worth $1.25 billion in 2020 and is expected to grow to $100 billion throughout the decade. While this might seem like a fun opportunity to buy in and fly your own personal fleet of drones, it is important to keep in mind what the law says about these types of devices.
In Florida, drones can be used for any commercial and recreation purposes. For a device to be considered a drone, it must meet certain criteria listed in §934.50. Legally, a drone is a powered, aerial vehicle that:
- Does not carry a human operator,
- Uses aerodynamic forces to provide vehicle lift,
- Can fly autonomously or be piloted remotely,
- Can be expendable or recoverable and,
- Can carry a lethal or nonlethal payload.
The use of drones is regulated primarily by the state of Florida, although local governments are allowed to enact their own ordinances. One of the most important Florida laws regarding drones is the Unmanned Aircraft Systems Act, also known as §330.41. This act expressly bans any person from knowingly or willfully:
- Operating a drone over a critical infrastructure facility,
- Allowing a drone to make contact with a critical infrastructure facility, including any person or object on the premises or,
- Allowing a drone to come within a distance of a critical infrastructure facility that is close enough to cause interference or a disturbance.
The term “critical infrastructure facility” covers a wide range of various locations. This can include an electrical power substation, mining facility, gas pipeline, and even a detention center. If a drone is flown over or near any of these facilities, the person operating the drone has committed a second-degree misdemeanor. This is punishable by up to 60 days of imprisonment and a $500 fine. Subsequent offenses are considered a first-degree misdemeanor, punishable by up to 1 year in prison and a $1,000 fine.
If you have a drone-related misdemeanor hovering over your head, you will need an experienced criminal law attorney who can fight on your behalf. Call Hendry & Parker, P.A., in downtown Dunedin, at (727) 205-5555 today for a free consultation, Serving Pinellas, Pasco & Hillsborough Counties.