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Knowledge

Is it illegal to fly a drone over private property in Florida?

Answered by Almond Tree Security Services, a licensed Florida security agency (License B# 3500420).

No, it is not automatically illegal to fly a drone over private property in Florida. What the law prohibits is using a drone camera to surveil private property or the people on it without written consent, along with flights over critical infrastructure, schools and farmland. The surveillance ban is a crime as well as grounds for a lawsuit.

Section 934.50 bars a person from using a drone with an imaging device to record privately owned real property, or its owner, tenant, occupant, invitee or licensee, with intent to conduct surveillance in violation of a reasonable expectation of privacy, without written consent. A person is presumed to have that expectation where they cannot be seen by people at ground level in a place those people have a legal right to be. A knowing violation is a first-degree misdemeanor, and distributing the footage is a third-degree felony.

Other limits sit in section 330.41. Flying over a critical infrastructure facility is a third-degree felony unless the flight is commercial and FAA compliant, flying over a school serving prekindergarten through grade 12 is a misdemeanor, and operating a drone on land classified as agricultural is a misdemeanor without the owner’s consent. Letting a drone touch private property or a person there with intent to harass is also a misdemeanor. A passing flight that records nothing falls outside these sections.

Owners who see repeated flights should note times, photograph the drone and operator, and report it to police. Section 934.50 also lets an owner or occupant sue for damages and an injunction. The related rules on pointing cameras at a neighbor’s home are covered in Florida security camera laws, and officers who log incidents on regular rounds are described on the security patrol services page.