Florida Drone Filming Laws & FL Drone Statutes on Filming Properties

Filmmakers that are interested in using drone footage in their productions must adhere to FAA safety provisions and standards as set forth at the federal level as well as on the local level for the area or city in which they are filming. Laws in Florida, particularly as they pertain to filming with a drone, likely prohibit drone footage capture without a permit that specifically provides for such filming on public property and may or may not allow filmmakers to shoot over private property. Specifically, FL drone statutes on filming properties from overhead are very important for filmmakers to know, and to follow. 

Florida Drone Filming Laws

Florida law prohibits the use of drones for capturing footage under certain circumstances. Specifically, many drone laws apply to the entire state of Florida.

While others are created with the intent of protecting individual municipalities such as local cities or towns. Florida House Bill 1027 from 2017 specifically allows local governments to enact their own drone ordinances.

Relative to voyeurism, nuisances, harassment, property damage, reckless endangerment and various other illicit or illegal activities.

Additionally, House Bill 1027 further prohibits the operation of any drones over critical infrastructures. Most cities have their own rules and local ordinances regarding when and where drones may legally fly (or hover).

Local Ordinances

Individual FL drone statutes on filming properties are generally set forth on a municipality or local level. 

In addition to the state level FL drone statutes on filming properties. Which basically prohibit the use of drones over private properties. In which a reasonable expectation of privacy is present, individual cities have their own rules.

For example:

• Miami Municipal Law states that drones may not be used over, or within a half-mile radius of, major sporting events or venues including those taking part in public parks or facilities. 
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• Orlando Municipal Law places restrictions on the use of drones over parks, schools, or venues. Including Camping World Stadium, the Amway Center, and Harry P. Leu Gardens. As well as areas in which gatherings of more than 1K people occur. Although the city does provide film permits for these areas at a rate of $20 per flight or $150 annually.
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• Canaveral Port Authority prohibits drone operation anywhere along Canaveral Port Authority property. And requires a 48 hour security clearance in advance of any drone operation permit being clear. 

Consult Local Authorities

So, say you’re trying to figure out if it is or is not okay to fly a drone over a particular property. Such as a local park, school, or roadway.

You’re probably going to need to consult with local authorities to determine what is, and is not, acceptable in that area. Do you have interest in filming drone footage over private property?

Simply know that rules vary. Some private property owners have their own rules set forth regarding how they feel about drone filming and overhead footage.

Most of the time, filming drone footage over private property will require a permit or a location agreement as well as a location release form, too.

FL Drone Statutes on Filming Properties

Florida filmmakers, as well as those who visit Florida for a film shoot, must be ready to follow the local laws and rules regarding filmmaking in the state. Especially when drones are concerned.

While it is legal to fly a drone, even over private property, individual laws regarding trespassing and nuisance can and will apply. Especially to instances in which drones are over private property. 

The following FL Drone Statutes on filming properties should be top of a filmmaker’s list of Florida Statutes:

• FL Statute 330.41 which represents the Unmanned Aircraft Systems Act
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• Also FL Statute 330.411 which represents the prohibited possession of or operation of unmanned aircraft.
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• FL Statute 934.50 which represents the right of search and seizure using a drone.

Critical Components

Each of the FL drone statutes on filming properties listed above represent a unique touchpoint. In which filmmakers should be familiar with critical components of the statutes and legal literature involving the use of drones in and around Florida.  

Unmanned Aircraft Systems Act

The first, FL Statute 330.41 represents the Unmanned Aircraft Systems Act. Which specifically states that a “Drone” has the same meaning as the FL. State Statute 934.50(2).

It means that a drone, as well as the associated components of a drone including any means of communication or control of the drone. Which are required for use are represented under the statutes.

And are regulated by the federal regulations, including FAA. As well as through the authority of local government. Which is responsible for enacting ordinances which protect against harassment, property damage, and illicit acts which arise out of the use of unmanned aircraft.

Smaller Drones

Drones that are to be flown for work, such as those in use by a commercial film production crew, must register the aircraft based on size.

Small drones which are more than .55 pounds and less than 55 pounds. Including all associated payload including cameras.

And other needs may be registered with the FAA. Larger drones must also have a registration but will require a license too.

Surveillance

Senate Bill 766, specifically noted as “Surveillance by a Drone”. This prohibits the use of a drone to capture privately owned property.

Or those who own, occupy or are tenants of private property without their consent when there is a reasonable expectation of privacy that exists.

This means that filmmakers must not capture drone footage of private property without signed consent forms. And, in many cases, a location agreement. Which explicitly allows for drone footage as part of the agreement.

What Florida Filmmakers Must Know

If you’re a filmmaker that is heading to Florida with a drone in hand ready to fly over top of public and/or private property? You’re probably going to need to do your homework first!

Because filmmakers are prohibited from filming private property with consent. And since many public properties equally require consent before drone footage can be captured?

Your first step to planning a drone shoot in Florida is going to be getting permission. Specifically, if a reasonable expectation of privacy exists.

Then you’re going to need specific consent from the property owner. As well as from those engaged in use of the property. Such as tenants or others who may occupy the property, before you can begin filming.

Legislation

United States legislation specific to small, unmanned aircraft. Like drones! Which makes it illegal to fly a drone above a person that is not directly participating in the operation of the drone itself.

Therefore, if you’re wondering whether it’s legal in Florida to fly a drone over people that are located on private property. The short answer is – probably not!

However, the longer answer is that individual circumstances largely dictate what is and is not acceptable in regards to drone use in public and on private property. 

In Essence

Being prepared is key for filmmakers that are interested in drone footage over private or public property in Florida.

FL drone statutes on filming properties vary, providing specific protection of privacy in areas where a reasonable expectation of privacy exists but limiting such coverage otherwise.

The best option for filmmakers that are considering drone footage is to review area laws, consult with the local film office.

And to communicate with the property owner in advance of the shoot so that any agreements that are made can be put into a written, and signed, agreement or contract.