Title: Use of Drones by Government Agencies

Summary: Expands authorized uses of drones by state agency or political subdivision to include assessment of damage due to natural disasters during specified time; requires DMS to publish list of approved drone manufacturers meeting specified security standards; requires governmental agency to use drone from approved list; requires DMS to establish minimum security standards for governmental agency drone use.

Full Text:
An act relating to use of drones by government agencies; amending s. 934.50, F.S.; expanding the authorized uses of drones by a state agency or political subdivision to include the assessment of damage due to natural disasters during a specified time; providing definitions; requiring the Department of Management Services, in consultation with a specified officer, to publish a list of approved drone manufact urers meeting specified security standards; authorizing the department to consult specified entities and guidance in developing the list; requiring a governmental agency to use a drone from the approved list; requiring specified governmental agencies to su bmit a specified plan; requiring the department to adopt certain rules; requiring governmental agencies to discontinue the use of specified drones by a certain date; requiring the department to establish minimum security standards for governmental agency drone use; authorizing the department to consult specified agencies in establishing the rules; reenacting s. 330.41(4)(c), F.S., relating to unmanned aircraft systems, to incorporate the amendment made to s. 934.50, F.S., in a reference thereto; providing a neffective date. CS/HB 2021 Be It Enacted by the Legislature of the State of Florida: Section 1. Subsection (3) of section 934.50, Florida Statutes, is amended, paragraph (l) is added to subsection (4), and subsection (7) is added to that section, to read: 934.50 Searches and seizure using a drone.-(3) PROHIBITED USE OF DRONES.-Except as provided under subsection (4): (a) A law enforcement agency may not use a drone to gather evidence or other information. (b) A person, a state agency, or a politic al 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 CS/HB 2021 a drone: (l) By a state agency or political subdivision for the assessment of damage due to a hurricane, a flood, a wildfire, or any other natural disaster that is the subject of a state of emergency declared by the st ate or by a political subdivision, before the expiration of the emergency declaration. (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, and stored by a drone. The department may consult federal agencies and any relevant federal guidance in developing the list of approved manufacturers re quired under this paragraph. (c) Beginning on the date the department publishes the CS/HB 2021 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 guid ance 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 establi shing the minimum security requirements required under this paragraph. Section 2. For the purpose of incorporating the amendment made by this act to section 934.50, Florida Statutes, in a reference thereto, paragraph (c) of subsection (4) of section 330.41, Florida Statutes, is reenacted to read: 330.41 Unmanned Aircraft Systems Act.-(4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.-(c) This subsection does not apply to actions identified CS/HB 2021 in paragraph (a) which are committed by: 1. A feder al, 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 wi th 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. Section 3. This act shall take effect July 1, 2021.