COVID-19: Guidance and Updates LEARN MORE FLORIDA LAW UPDATE: THE AUTHORIZED USE OF DRONES BY POLICE DEPARTMENTS AND GOVERNMENT AGENCIES HOME / BLOG / FLORIDA LAW UPDATE: THE AUTHORIZED USE OF DRONES BY POLICE DEPARTMENTS AND GOVERNMENT AGENCIES By Joseph Natiello Posted July 19, 2021 In Blog, Government Blog Joseph Natiello Governor DeSantis recently signed Senate Bill 44, which revises sections 934.50 and 330.41, Florida Statutes. Prior to these revisions, the law generally prohibited authorities from using drones to gather evidence or other information, with limited exceptions. Effective July 1, 2021, the amended statutes directly impact municipalities by expanding the authorized use of drones by police departments and governmental agencies, as well as by owners and/or operators of critical infrastructure. The amended statute defines a governmental agency as “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.” Furthermore, revised section 934.50, Florida Statutes, also creates new standards under which a governmental entity may purchase or obtain a drone, and imposes additional duties upon municipalities under certain circumstances. Summary of Changes Affecting Municipal Governments Purchase/Obtaining Drones A governmental agency (including municipalities and their police departments) (hereinafter, “Agency” or “Agencies”) will be able to purchase/obtain a drone only from a list of approved manufacturers who satisfy specific security standards. These approved vendors are to be compiled and posted by the Department of Management Services (the “Department”) by January 1, 2022. If an Agency uses a drone not manufactured by an approved vendor, the Agency must submit to the Department a comprehensive plan for discontinuing its use. Rules identifying the requirements of this comprehensive plan are to be adopted by the Department. All Agencies must have discontinued the use of non-approved drones by January 1, 2023. Agencies are to comply with general rules and minimum security standards to be established by the Department. Use of Drones Newly revised section 934.50, Florida Statutes, now allows for drones to be used: To provide aerial perspective of a crowd of 50 or more persons; The head of the Agency using the drone in this fashion must provide written authorization for such use and maintain a copy on file at the Agency; Furthermore, the Agency must have policies and procedures for such use in place, that include guidelines: For the Agency’s use of a drone; For the proper storage, retention, and release of any images or video captured by the drone; and That address safety and constitutional protections of the people being observed. To assist with traffic management; But the agency may not issue a traffic infraction based upon drone captured video or images; To facilitate collection of evidence at a crime scene; For the assessment of damage that is the subject of a state of emergency, before the expiration of the emergency declaration; For the assessment of vegetation or wildlife management on publicly owned land or water; and By certified fire department personnel to perform tasks within the scope and practice authorized under their certifications Each Agency should monitor the Department’s website for posting of the approved vendors, applicable rules, and standards to ensure their compliance with the new statutes. See https://www.dms.myflorida.com/ for further information. Joseph Natiello Joe Natiello is a former state prosecutor and a former Broward County Deputy Sheriff whose vast knowledge of law enforcement informs his practice in the areas of police operational and legal concerns, forfeiture litigation, liability defense, municipal government litigation and workerÕs compensation defense. WHAT WE THINK Blogs — Decisions Shaping the Law — Eminent News in our Domain — Labor & Employment Blog Publications Media Information ABOUT WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. Our firm is the product of innovative thinking. In 1991, our founders saw a need in the South Florida legal market for a high-end, boutique firm dedicated to a small number of integrated practice areas. More than 30 years later, we continue to outpace sophisticated market players with focused practice groups, teamwork and a zealous commitment to our clients. LEARN MORE QUICK LINKS Home About Us Attorneys Practice Divisions What We Think What’s Going On Contact OUR OFFICES Miami T. (305) 854-0800 Ft. Lauderdale T. (954) 763-4242 Boca Raton T. (561) 835-2111 Tampa T. (786) 380-2554 © Copyright 2021 Weiss Serota Helfman Cole & Bierman, P.L. LOGIN | SITEMAP | LEGAL