Florida Drone Laws
The Sunshine State provides some perfect scenery hot spots for avid drone hobbyists as well as plenty of commercial opportunities for drone operators who fly for business. Got your drone geared up and ready to go? Just hold up a minute, because there are some rules you need to know about.
Unmanned aircraft systems (UAS) or drones are regulated by the Federal Aviation Administration (FAA) in the US. This is the authority on everything drone-related on a federal level, but you should also be aware of the laws that may apply to you on a state and local level, which tend to be implemented at a much faster pace than on a federal level. That said, many state and local laws are often informed by and created with federal rules in mind.
State Drone Laws
These laws apply to the entire state of Florida, regardless of which city, region, or county. They were drafted by Florida Legislature.
Florida Administrative Code 5I-4.003
This state law prohibits anyone from flying a drone on managed lands within the state, which includes state parks and forests. An exception is made for service official business and emergency services, as well as for designated OHV recreation areas and those who use a helispot or runway with prior approval from the Department of Agriculture and Consumer Services.
Florida Administrative Code 40C-9.320
This law forbids anyone from taking off or landing their UAS on District lands without prior approval via a Special Use Authorization.
This law aims to give an official description of what a drone is as well as limit the ways in which law enforcement officials can use drones. Law enforcement officials may use a drone in an emergency circumstance to prevent loss of life, in a terrorist situation, or if they obtain the relevant warrant. If someone has been harmed because of the inappropriate use of a drone, then they can also pursue civil action under this law.
Privacy is a major concern with drones, and this law tries to provide property owners in Florida with a reasonable sense of privacy concerning drones. It states that a drone operator may not capture an image of private property or any people on the property without their consent if they have a reasonable expectation of privacy. This law applies to both private individuals and commercial entities as well as state agencies.
Under this law, operating a drone near or over critical infrastructure is a criminal offense. It prohibits anyone from creating or owning a weaponized UAS as well.
This law also limits the amount of power local governments have over the creation and regulation of drone laws. It does make concessions for local governments to create drone ordinances related to illegal acts like voyeurism, harassment, reckless behavior, and general nuisance.
South Florida Water Management District Ordinance 40E-7.525(10)
Taking off or landing a motorized or non-motorized aerial aparatus (which includes drones) is prohibited in this district except for in an emergency situation or for official business.
Florida Statute Chapter 330.41(4)(a)
This statute states that a person may not knowingly operate a drone near critical infrastructure, or have the drone make contact with a critical infrastructure facility or any person or object on the premises.
Local Drone Laws
These laws were created by various governmental agencies in Florida, and each applies to a specific city, county, or park within the state.
Bonita Springs: Code of Ordinances 28-41
Drone owners and operators are only allowed to fly their drones at Community Park in Bonita Springs during times when the park is less busy or unoccupied. The ordinance also states that drones may not be flown within 25 feet of other individuals or buildings, light fixtures, or power lines.
Defuniak Springs: Ordinance No. 866
Drone operators who fly commercially have to register with the town police department before starting any business-related UAS flying within city limits. This ordinance also makes it a criminal offense to fly over private or public property without prior consent from the owner or manager.
Canaveral Port Authority: Unmanned Systems (Drone) Policy
No one is allowed to operate, control, fly, assist, or permit the operation or control of a UAS over any Canaveral Port Authority property without the proper authorization. Any requests for permission need to be made with the CPA Public Safety & Security at least 48 hours before you plan on flying a UAS near the area. You can find the online application form via the CPA website.
Lake County: Lake County Ordinances
This ordinance forbids anyone from operating a drone on or over any county-owned vacant land or property that is listed as a non-recreation area or in any areas that restrict drone flying. You can, however, get prior authorization from the director or designee of the property.
Miami: City Ordinance 15-01513
This city ordinance prohibits anyone from creating, owning, or flying a weaponized UAS, as well as from equipping a drone with any sort of detachable cargo. Drones are also prohibited from being flown within one mile of any Miami-Dade County airport.
It also forbids operators from flying drones within a half-mile radius of sporting events or large-venue events. This includes the following locations, among others: Bayfront Park, Marlins Ballpark, Miami Marine Stadium, Calle and Ocho Festival.
Orlando: Ordinance No. 2016-87
This city ordinance states that drones aren’t allowed within 500 feet of schools, gatherings of 1000 or more people, city-owned parks, and venues like the Harry P. Leu Gardens, Amway Center, and Camping World Stadium.
You can apply for a permit that will let you fly in some of these areas at $20 per flight or $150 for a year-long permit. Anyone who flies in these areas without a valid permit will be heavily fined. The ordinance also prohibits flying a drone while under the influence with the threat of jail time in addition to a serious fine.
Pinellas County: Section 90-60(t)
No one operating an aerial apparatus (which includes drones) is allowed to take off from or land in or on any park land, water, or public beach area. The only exception is when human life is in danger or if valid written permission is acquired.
The University of Tampa: Unmanned Aerial Vehicle (UAV) and Drone Policy
The campus prohibits any drones from taking off, landing, or being flown on or over university property, except with valid prior authorization. That said, any drone operations will only be limited to Plant Park (with proper authorization).
Federal Drone Laws
There are currently much fewer federal laws in place than state and local drone laws, but the FAA still has legal jurisdiction over any illegal acts. So it’s important to always be mindful of these rules because even if a state or local law states something different, the federal rule still applies.
Also, while the FAA possesses the exclusive authority to enforce all aviation law, local authorities can get involved in investigating and prosecuting illegal drone activity. Some rules only apply to commercial drone operators, but if you’re a hobbyist flier (recreational drone operator) then there are still a number of rules that apply to you as well.
FAA Regulation 14 CFR Parts 1, 45, 47, 48, 91, and 375
This regulation requires that all unmanned aircraft vehicles (UAVs or drones) have to be registered and marked with a registration code before taking flight. The FAA UAV registration process is fairly simple right now, but in the near future drone operators will be required to pass an online aeronautical knowledge and safety test as part of the registration.
FAA Reauthorization Act of 2018
This act touches upon where, when, and how a drone operator is allowed to fly their UAS for recreational purposes only. It states that you need to have your drone registered and carry proof of registration with you when flying the drone.
Drones are also only allowed to be flown in uncontrolled (Class G) airspace which doesn’t go above 400 feet above ground level. Those who want to fly their drones in controlled airspace need to get permission from the FAA to do so. The drone also needs to stay within the sight of the drone operator or a visual observer who is co-located (in direct communication) with the operator.
Other standard regulations also apply, like not flying at night unless the drone has adequate lights, not flying in a way that bothers others, not flying while under the influence, and not flying in a reckless manner. Violating any of these rules can result in criminal and/or civil penalties.
FAA Commercial Drone Operator Rules
Commercial drone owners need to abide by the additional rules set out in Part 107, first of which is that they need to get a drone pilot certification in addition to registering their drone. It also restricts the weight of unmanned aircraft to 55 pounds.
Part 107 states that the aircraft needs to remain within visual line of sight of the operator or visual observers at all times. So if you’re planning to fly a long distance, then you need enough volunteers/assistants at intervals along the way. This is a fairly restrictive rule, but there are changes on the horizon. There are a few other rules that you need to know about, so make sure to go through Part 107 carefully.
