HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/HB 433 Use of Drones by Government Agencies
SPONSOR(S): Judiciary Committee, Andrade and others
TIED BILLS: IDEN./SIM. BILLS: SB 518
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Pandemics & Public Emergencies Committee 18 Y, 0 N Landry Dearden
2) Judiciary Committee 19 Y, 0 N, As CS Frost Kramer
SUMMARY ANALYSIS
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. Florida law generally restricts the use of a drone to conduct surveillance, but
makes exceptions for specified activities including aerial mapping, cargo delivery, managing and eradicating
invasive exotic plants or animals on public lands, and suppressing and mitigating wildfire threats.
Drones promote efficiency in responding to natural disasters because they can quickly and safely assess
damage to buildings, infrastructure, and land. Unsafe conditions caused by natural disasters, such as flood
waters or obstructed roadways or access points, often impede efficient assessment of damage. Using drones
to complete damage assessments is more efficient and reduces assessment team members’ potential
exposure to hazardous environments. Damage assessments are often necessary to support the Governor’s
request for a presidential disaster declaration, which authorizes federal disaster assistance to affected
communities.
CS/HB 433 creates an additional exception to the general prohibition on drone surveillance to allow a state
agency or political subdivision to use a drone to assess damage during a declared state of emergency
resulting from a hurricane, flood, wildfire, or other natural disaster.
The bill requires certain security measures to ensure that the data collected, transferred, and stored by a
governmental agency drone is protected from outside interference, including requiring the Department of
Management Services (DMS) to publish a list of drone manufacturers approved for governmental agency use
and to adopt rules establishing minimum security requirements for governmental agency drone use, consistent
with federal guidance on drone security measures. The bill requires a governmental agency using any
unapproved drone to: submit to DMS a comprehensive plan to discontinue such use by July 1, 2022; and
discontinue such use by January 1, 2023.
The bill may have an initial indeterminate negative fiscal impact on state and local governments by requiring
the use of certain drones to be discontinued, but may have an overall positive fiscal impact on state and local
governments by increasing efficiency and reducing costs traditionally associated with damage assessments.
The bill provides an effective date of July 1, 2021.
This document does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Drones
Florida Law
Section 934.50, F.S., defines a drone as 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.1
The entire system of a drone and its associated elements, including communication links and
components used to control the drone, is called an unmanned aircraft system (UAS).2 Drones vary in
size and weight and may be controlled manually or by an autopilot system using a data link that
connects the drone’s pilot to the drone. A drone may be equipped with infrared cameras3 or “LADAR”
(laser radar).4
Florida law restricts the use of drones by individuals and government entities to conduct surveillance. A
real property owner is presumed to have a reasonable expectation of privacy on his or her privately
owned real property if he or she cannot be seen by persons at ground level who are in a place they
have a legal right to be.5 As such, law enforcement is not authorized to use a drone to gather evidence
or other information, with certain exceptions. When law enforcement has a reasonable suspicion that
swift action is needed for one of the following reasons, drone use is permitted to:
Prevent imminent danger to life or serious damage to property;
Forestall the imminent escape of a suspect or the destruction of evidence; or
Achieve purposes including facilitating the search for a missing person.6
Other exceptions authorizing drone use include:
Countering terrorist attacks;
Effecting search warrants authorized by a judge;
Lawful business activities licensed by the state, with certain exceptions;
Assessing property for ad valorem taxation purposes;
Capturing images of utilities for specified purposes;
Aerial mapping;
Cargo delivery;
Capturing images necessary for drone navigation;
Routing, siting, installation, maintenance, or inspection of communications service facilities; and
1 S. 934.50(2)(a), F.S.
2 S. 330.41(2)(c), F.S.
3 Infrared cameras can see objects through walls based on the relative levels of heat produced by the objects. Richard M. Thompson II,
Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Legislative Responses, Congressional Research
Service, (Apr. 3, 2013) www.fas.org/sgp/crs/natsec/R42701.pdf (last visited Apr. 19, 2021).
4 The research and development laboratory at the Massachusetts Institute of Technology has developed airborne LADAR systems that
generate detailed 3D imagery of terrain and structures, including those beneath dense foliage. The lab reports that a micro-LADAR may
be used under both clear and heavy foliage conditions for surveillance and reconnaissance missions as well as for humanitarian
assistance and disaster relief operations. Massachusetts Institute of Technology, Micro-ladar, https://www.ll.mit.edu/r-d/projects/micro-
ladar (last visited Apr. 19, 2021).
5 S. 934.50(3)(a) and (4), F.S.
6 S. 934.50(4)(c), F.S.
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Non-law enforcement use by employees of the Fish and Wildlife Conservation Commission or
the Florida Forest Service for managing invasive exotic plants or animals, and suppressing and
mitigating wildfires.7
Section 934.50, F.S., further provides that evidence obtained or collected by a law enforcement agency
using a drone is not admissible in a criminal prosecution in any court of law in the state, unless it is
authorized under an exception.8
Federal Regulation
The Federal Aviation Administration (FAA) regulates use of navigable airspace.9 The FAA has allowed
drone use for essential public operations such as firefighting, disaster relief, search and rescue, law
enforcement, border patrol, and scientific research since 1990.10 In February 2012, Congress passed
the Federal Aviation Authority Modernizing and Reform Act (Act), which required the FAA to safely
open the nation’s airspace to drones by September 2015. Based on authority granted by the Act, the
FAA issued regulations on the operation and certification of small (less than 55 pounds at take-off) UAS
in June 2016. The 2016 small drone regulations are still in effect and include airspace restrictions and a
waiver mechanism allowing for deviations from drone operational restrictions upon application and
authorization by the FAA.11
In 2017, the FAA launched the UAS Integration Pilot Program.12 One objective of this pilot program is to
test and evaluate various models of state, local, and tribal government involvement to develop and
enforce federal regulation of drone operations. Current pilot program participants are exploring package
delivery, delivery of life-saving medical equipment, pipeline inspection, airport security, and border
protection.13 These proposals require the FAA to waive some regulations controlling drone operation.
On January 18, 2019, the FAA announced a new proposed regulation for the use of drones that would
allow drone operators to routinely fly over people and fly at night.14 The final rule was published in the
Federal Register on March 10, 2021, and is effective April 21, 2021. In addition to allowing routine flying
of small drones over people, over moving vehicles, and at night if the drone and its user meet certain
safety and pilot training criteria, the rule also requires certain remote identification information (remote
ID) to be publicly broadcast by a drone in real time, including the drone’s: identification; location and
altitude; velocity; control station location and elevation; time mark; and emergency status. Under the
rule, a drone pilot may comply with the remote ID requirements by operating a:
Standard remote ID Drone (remote ID capability is built into the drone);
Drone fitted with a remote ID broadcast module (remote ID capability is added to a drone
without built-in ability to transmit the required information); or
Drone without Remote ID, but only in a limited geographical area set aside for community-based
organizations and educational facilities approved by the FAA.15
7 S. 934.50(4)(a)-(b), and (d)-(k), F.S.
8 S. 934.50(6), F.S.
9 49 U.S.C. § 40103 (2019).
10 FAA, Fact Sheet – Unmanned Aircraft Systems, (Feb. 15, 2015),
https://www.faa.gov/news/fact_sheets/news_story.cfm?newsId=18297 (last visited Apr. 19, 2021).
11Operation and Certification of Small Unmanned Aircraft Systems, 81 FR 42064-01, June 28, 2016. See 14 CFR Parts 21, 43, 61, 91,
101, 107, 119, 133, and 183
12 Federal Aviation Administration, UAS Integration Program, Program Overview, (Oct. 25, 2017)
https://www.faa.gov/uas/programs_partnerships/integration_pilot_program/ (last visited Apr. 19, 2021).
13 Federal Aviation Administration, Integration Pilot Program Lead Participants,
https://www.faa.gov/uas/programs_partnerships/integration_pilot_program/lead_participants/ (last visited Apr. 19, 2021).
14 Safe and Secure Operations of Small Unmanned Aircraft Systems, 84 Fed. Reg. 3732, (Feb. 13, 2019) (codified at 14 CFR Part 107)
https://www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-00758.pdf (last visited Apr. 19, 2021).
15 Federal Aviation Administration, UAS Remote Identification Overview,
https://www.faa.gov/uas/getting_started/remote_id/#:~:text=Final%20Rule%20on%20Remote%20ID,station%20or%20take%2Doff%20l
ocation (last visited Apr. 19, 2021).
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Public Safety Uses
Drones have proven useful to law enforcement and governmental entities. Similar to helicopters,
drones provide a broad vantage point, but are cheaper, can fly lower, and don’t require an onboard
pilot.16 A study by the Center for the Study of the Drone at Bard College estimates that at least 910
state and local police, fire, emergency medical services, and other public safety agencies have
acquired drones in recent years, and at least two thirds of the public safety agencies using drones are
law enforcement agencies.17 Some available capabilities include searching for missing persons;18
enhancing situational awareness in active shooter, hostage, or barricaded suspect incidents;19 and
assisting with border patrol operations.20
Drones also promote efficiency in responding to natural disasters because they can quickly assess
damage to buildings and infrastructure. During Hurricane Harvey in Houston in 2017, emergency
management agencies used drones to monitor levees, predict flooding, estimate how long an area
would be underwater, and create detailed maps.21 In 2018, following Hurricane Michael, the University
of Florida Institute of Food and Agricultural Sciences used drones to determine agricultural crop
damage and yield reduction to provide a more accurate account of the damage caused by the storm.22
Drones may also provide vital assistance to fire departments by using thermal cameras to find victims
trapped in a fire, assess how a fire is spreading, or to make emergency supply deliveries. 23
In 2020, the legislature authorized non-law enforcement employees of the Fish and Wildlife
Conservation Commission or the Florida Forest Service to use drones for managing and eradicating
invasive exotic plants or animals on public lands and suppressing and mitigating wildfire threats.24
Other states similarly authorize drone use for emergency management related activities. For example:
Idaho authorizes law enforcement, fire departments, or other local or state government entities to use
drones for the purpose of assessing damage due to natural disaster or fire25 and in South Dakota, an
emergency management worker who, acting within their scope of his or her duties, unintentionally or
incidentally photographs, records, or otherwise observes another person in a private place is exempt
from laws generally prohibiting such activity.26
Disaster Damage Assessments
The federal Robert T. Stafford Disaster Relief Act and Emergency Assistance Act (Stafford Act) was
enacted to help ease the suffering of survivors and damage to communities resulting from a disaster.27
To access federal assistance under the Stafford Act, a state’s Governor must request the President of
16 Aarian Marshall, Above Devastated Houston, Armies of Drones Prove Their Worth (Sep. 4, 2017)
https://www.wired.com/story/houston-recovery-drones/ (last visited Apr. 19, 2021).
17 Dan Gettinger, Public Safety Drones: An Update, Center for the Study of the Drone at Bard College, (May 2018)
https://dronecenter.bard.edu/files/2018/05/CSD-Public-Safety-Drones-Update-1.pdf (last visited Apr. 19, 2021).
18 Associated Press, Lost horse riders found with drone (Jan. 26, 2019) https://www.wctv.tv/content/news/Lost-horse-riders-found-with-
drone-504913522.html (last visited Apr. 19, 2021).
19 Los Angeles Police Department, Small Unmanned Aerial System Pilot Program Deployment Guidelines and Procedures (Oct. 13,
2017) http://www.lapdpolicecom.lacity.org/101717/BPC_17-0410.pdf (last visited Apr. 19, 2021).
20 David Bier and Matthew Feeney, Drones on the Border: Efficacy and Privacy Implications, Cato Institute (May 1, 2018),
https://www.cato.org/publications/immigration-research-policy-brief/drones-border-efficacy-privacy-implications (last visited Apr. 19,
2021).
21 Matthew Hutson, Hurricanes Show Why Drones Are the Future of Disaster Relief, NBC News, (Sep. 9, 2017)
https://www.nbcnews.com/mach/science/hurricanes-show-why-drones-are-future-disaster-relief-ncna799961 (last visited Apr. 19,
2021).
22 Beverly James, Florida Panhandle: Drones Used to Assess Hurricane Michael Damage, AgFax, (Oct. 30, 2018)
https://agfax.com/2018/10/30/florida-panhandle-drones-used-to-assess-hurricane-michael-damage/ (last visited Apr. 19, 2021).
23 Zacc Dukowitz, 7 ways Fire Departments Use Drones in the Field, UAV Coach, (Apr. 25, 2018) https://uavcoach.com/drones-fire-
departments/ (last visited Apr. 19, 2021).
24 Ch. 20-131, Laws of Fla.
25 Idaho Code Ann. s. 21-313 (2020)
26 S.D. Codified Laws s. 22-21-1 (2020)
27 42 U.S.C. § 5121(b).
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the United States to issue a presidential disaster declaration.28 There are two types of presidential
disaster declarations: an emergency declaration and a major disaster declaration.
A Governor’s request for:
An emergency declaration must be based on a finding that the situation:
o Is of such severity and magnitude that effective response is beyond state and affected
local government capabilities; and
o Requires supplementary federal emergency assistance to save lives and to protect
property, public health and safety, or to lessen or avert the threat of a disaster.
A major disaster declaration must be based upon a finding that:
o The situation is of such severity and magnitude that effective response is beyond state
and affected local government capabilities; and
o Federal assistance is necessary to supplement the efforts and available resources of
state, local governments, disaster relief organizations, and insurance compensation for
disaster-related losses.29
The Federal Emergency Management Agency (FEMA) obtains and verifies information accompanying
a Governor’s request for a presidential disaster declaration through a process requiring:30
Preassessment – A local government collects preliminary damage assessment (PDA)
information within its jurisdiction and submits the information to the state.31
State Verification – PDA provided by the