HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 1049 Use of Drones by Government Agencies
SPONSOR(S): Judiciary Committee, Criminal Justice & Public Safety Subcommittee, Giallombardo
TIED BILLS: IDEN./SIM. BILLS: CS/CS/SB 44, HB 433, SB 518
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Criminal Justice & Public Safety Subcommittee 16 Y, 0 N, As CS Frost Hall
2) State Affairs Committee 18 Y, 5 N Toliver Williamson
3) Judiciary Committee 19 Y, 2 N, As CS Frost Kramer
SUMMARY ANALYSIS
Florida law 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. Florida law restricts the use of drones to conduct
surveillance. Law enforcement may not use a drone to gather evidence or other information, with certain
exceptions. When law enforcement has 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;
To forestall the imminent escape of a suspect or the destruction of evidence; or
To achieve purposes including facilitating the search for a missing person.
Other exceptions authorizing drone use include, among others, countering terrorist attacks, effecting a search
warrant, aerial mapping, and certain lawful business activities licensed by the state.
CS/CS/HB 1049 expands the exceptions to the prohibition on drone surveillance to permit the use of a drone:
To provide a law enforcement agency with an aerial perspective of a crowd of 50 people or more, but
only if:
o The agency establishes policies and procedures, including guidelines: for the agency's use of a
drone; for the proper storage, retention, and release of images or video captured by the drone; and
addressing the personal safety and constitutional protections of the people being observed.
o The head of the law enforcement agency using the drone provides written authorization for such use
and maintains a copy of such authorization on file at the agency.
To assist a law enforcement agency with traffic management, except that a drone may not be used to
issue a traffic infraction citation based on images or video captured by the drone.
To facilitate a law enforcement agency’s collection of evidence at a crime scene or traffic crash scene.
By a state agency or political subdivision: to assess damage during a declared state of emergency due to
a natural disaster; or for vegetation or wildlife management on publicly owned land or water.
By certified fire department personnel to perform tasks within the scope and practice of their certification.
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 allowing drones to be used in place of more costly methods of gathering information.
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
Under Florida law, 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.1
The entire system of a drone and its associated elements, including communication links and
components used to control the drone, are called an unmanned aircraft system.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 and “LADAR” (laser
radar).4
Public Safety Uses for Drones
Drones have proven useful to law enforcement and governmental entities. 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.5 Two thirds of
the public safety agencies using drones are law enforcement agencies.6 Some available capabilities
include searching for missing persons;7 enhancing situational awareness in active shooter, hostage, or
barricaded suspect incidents;8 and assisting with border patrol operations.9
In traffic accident reconstruction, a drone can capture photographs from above a crash site for highly
accurate reconstructions using composite images.10 The North Carolina Department of Transportation
(NCDOT) found that by utilizing drones and advanced imaging software, law enforcement could greatly
accelerate accident investigations at a lower cost and with less risk to motorists and investigators.11 In
one study, NCDOT simulated a two-car crash and found that a drone was able to map the scene in 25
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. Congressional Research
Service, Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Congressional Response, (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
could 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 Dan Gettinger, Center for the Study of the Drone at Bard College, Public Safety Drones: An Update, (May 2018)
https://dronecenter.bard.edu/files/2018/05/CSD-Public-Safety-Drones-Update-1.pdf (last visited Apr. 19, 2021).
6 Id.
7 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).
8 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).
9 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).
10 Bob Susnjara, How drones help Lake County police investigate crashes, get roads open faster, Daily Herald, (May 7, 2017)
http://www.dailyherald.com/news/20170506/how-drones-help-lake-county-police-investigate-crashes-get-roads-open-faster (last visited
Apr. 19, 2021).
11 North Carolina Department of Transportation, Aviation Division, Collision Scene Reconstruction and Investigation Using Unmanned
Aircraft Systems, (August 2017) https://www.ncdot.gov/divisions/aviation/Documents/ncshp-uas-mapping-
study.pdf#search=traffic%20reconstruction%20drone (last visited Apr. 19, 2021).
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minutes while a terrestrial scanner, traditionally used for such mapping, took one hour and 51
minutes.12 Other departments cite similar timesaving benefits to drone use, which consequently saves
resources and helps reopen roads more quickly.13
Another potential use for drones is in traffic management, where the need for timely information on
traffic flow and incidents is essential.14 A 2004 study from the University of Florida, in conjunction with
the Florida Department of Transportation, found that drone use in data collection and other tasks could
drastically improve traffic management.15 More recently, the Georgia Institute of Technology conducted
a feasibility study to determine the economic and operational benefits of using drones in Georgia
Department of Transportation operations.16 The study noted that current traffic surveillance
technologies are either inflexible, such as fixed traffic sensors, or labor intensive;17 however, drones
provide a low-cost means of observing traffic aerially and thus improve response times and outcomes
for a number of different traffic events.18 In 2018, the Ohio Department of Transportation launched a
three-year study on the potential for coordination and communication between smart vehicles,
transportation infrastructure, and drones.19
Drones also promote efficiency in responding to natural disasters. A drone can quickly assess damage
to buildings and infrastructure.20 During Hurricane Harvey in Houston in 2017, drones were used to
monitor levees, predict flooding, estimate how long an area would be underwater, and create detailed
maps to help emergency management agencies.21 Following Hurricane Michael in 2018, 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
Other potential uses for drones include accurately estimating event sizes, which may be important for
city planners, concert coordinators, social movements, or others interested in knowing how many are
present at an event, such as law enforcement. While current efforts to estimate crowd size have used
both on-the-ground and in-the-air methods, such as traditional aircraft, drones may provide an
opportunity to more safely, accurately, and affordably estimate crowd size.24
Federal Drone Regulation
The Federal Aviation Administration (FAA) regulates use of navigable airspace.25 FAA has allowed
12 Id.
13 Jenni Bergal, Pew Charitable Trusts, Another Use for Drones: Investigating Car Wrecks, (Aug. 6, 2018)
https://www.pewtrusts.org/en/research-and-analysis/blogs/stateline/2018/08/06/another-use-for-drones-investigating-car-wrecks (last
visited Apr. 19, 2021).
14 Florida Department of Transportation, Use of Unmanned Aerial Vehicles in Traffic Surveillance and Traffic Management: Technical
Memorandum, pg. 1, (May 12, 2005) https://www.i95coalition.org/wp-content/uploads/2015/03/Report_TechMemo_UAV_FL.pdf (last
visited Apr. 19, 2021).
15 Id. at 4.
16 Javier Irizarry and Eric Johnson, Feasibility Study to Determine the Economic and Operational Benefits of Utilizing Unmanned Aerial
Vehicles (UAVs): Final Report, (May 6, 2014) https://smartech.gatech.edu/bitstream/handle/1853/52810/FHWA-GA-1H-12-38.pdf (last
visited Apr. 19, 2021).
17 Id. at 13.
18 Id.
19 Matt Leonard, Ohio plans to integrate drones into traffic management, GCN, (Jun. 19, 2018) https://gcn.com/articles/2018/06/19/ohio-
drone-traffic-management.aspx (last visited Apr. 19, 2021).
20 Matthew Hutson, Hurricanes Show Why Drones Are the Future of Disaster Relief, (Sep. 9, 2017)
https://www.nbcnews.com/mach/science/hurricanes-show-why-drones-are-future-disaster-relief-ncna799961 (last visited Apr. 19,
2021).
21 Id.
22 Beverly James, Florida Panhandle: Drones Used to Assess Hurricane Michael Damage, (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, (Apr. 25, 2018) https://uavcoach.com/drones-fire-departments/
(last visited Mar. 22, 2021).
24 Austin Choi-Fitzpatricka and Tautvydas Juskauskas, Up in the Air: Applying the Jacobs Crowd Formula to Drone Imagery, Procedia
Engineering Vol. 107, 273-281, (2015) https://www.sciencedirect.com/science/article/pii/S1877705815010358 (last visited Apr. 19,
2021).
25
49 U.S.C. § 40103 (2019).
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drone use for essential public operations such as firefighting, disaster relief, search and rescue, law
enforcement, border patrol, scientific research, and testing and evaluation since 1990.26 In February
2012, the Congress passed the Federal Aviation Authority Modernizing and Reform Act (Act), which
required FAA to safely open the nation’s airspace to drones by September 2015.27
In June 2016, based on authority granted by the Act, the FAA issued its regulations on the operation
and certification of small drones, those weighing less than 55 pounds at take-off.28 The 2016 small
drone regulations facilitated civilian drone use in the navigable airspace and included airspace
restrictions and a waiver mechanism allowing deviations from drone operational restrictions upon
application and authorization by FAA. These regulations, which are currently in effect:
Prohibit a small drone from flying more than 400 feet above the ground or a structure;
Require a small drone operator to maintain visual line of sight of the aircraft; and
Prohibit operating a small drone at night.
In 2017, the FAA launched the Unmanned Aircraft Systems Integration Pilot Program.29 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.30 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.31 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.32
Fourth Amendment Considerations
The Fourth Amendment of the United States Constitution guarantees:
The right of the people to be secure in their persons, houses, papers, and effects, against
unreasonable searches and seizures shall not be violated; and
No warrants shall issue without probable cause, supported by oath or affirmation, and
particularly describing the place to be searched, and the persons or things to be seized.33
Under Fourth Amendment jurisprudence, a search occurs whenever the government intrudes upon an
area in which a person has a reasonable expectation of privacy. If there is no reasonable expectation of
26 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).
27 Public Law 112-095.
28 81 Fed. Reg. 42063 (2016).
29 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).
30 Federal Aviation Administration, Integration Pilot Program