HB 433 — Use of Drones by Government Agencies

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 433 2021 A bill to be entitled An act relating to use of drones by government agencies;

expanding the authorized uses of drones by a state agency or political subdivision to include the assessment of damage due to natural disasters;disasters during a specified time;

providing definitions;

requiring the Department of Management Services, in consultation with a specified officer, to publish a list of approved drone manufacturers meeting specified security standards;

authorizing the department to consult specified entities and guidance in developing the list;

requiring a governmental agency to use a drone from the approved list;

requiring specified governmental agencies to submit a specified plan;

requiring the department to adopt certain rules;

requiring governmental agencies to discontinue the use of specified drones by a certain date;

requiring the department to establish minimum security standards for governmental agency drone use;

authorizing the department to consult specified agencies in establishing the rules;

BePage It1 Enacted by the Legislature of the5 StateCODING: of Florida:

Words stricken are deletions;

words underlined are additions.

hb0433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2021 Be It Enacted by the Legislature of the State of Florida:

Subsection (3) of section 934.50, Florida Statutes, is amended, and paragraph (l) is added to subsection (4)(4), ofand subsection (7) is added to that section, to read:

11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee Pageof 1such property with the intent to conduct surveillance on the individual or property captured in the image in violation of 3such CODING:person's reasonable expectation of privacy without his or her written consent.

For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone.

(4) EXCEPTIONS.—This section does not prohibit the use of Page 2 of 5 CODING:

hb0433-00hb0433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S HBCS/HB 433 2021 ofa suchdrone: property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person's reasonable expectation of privacy without his or her written consent.

For(l) purposesBy of this section, a personstate isagency presumedor topolitical havesubdivision afor reasonablethe expectationassessment of privacydamage ondue histo ora herhurricane, privatelya ownedflood, reala propertywildfire, if he or sheany isother notnatural observabledisaster bythat personsis locatedthe atsubject groundof level in a placestate whereof theyemergency havedeclared aby legalthe rightstate to be, regardless of whether he or sheby isa observablepolitical fromsubdivision, thebefore air with the useexpiration of athe drone.emergency declaration.

(4)(7) EXCEPTIONS.—ThisSECURITY sectionSTANDARDS doesFOR notGOVERNMENTAL prohibitAGENCY theDRONE useUSE.— of(a) aAs drone:used in this subsection, the term:

(l)1. By a state agency or political subdivision for the assessment of damage due to a hurricane, a flood, a wildfire, or any other natural disaster.

"Department" means the Department of Management Services.

2.

"Governmental agency" means any state, county, local, or municipal governmental entity or any unit of government created or established by law that uses a drone for any purpose.

(b) By January 1, 2022, the department, in consultation with the state chief information officer, shall publish on the department's website a list of approved manufacturers whose drones may be purchased or otherwise acquired and used by a governmental agency under this section.

An approved manufacturer must provide appropriate safeguards to protect the confidentiality, integrity, and availability of data collected, transmitted, and stored by a drone.

The department may consult federal agencies and any relevant federal guidance in developing the list of approved manufacturers required under this paragraph.

(c) Beginning on the date the department publishes the Page 3 of 5 CODING:

Words stricken are deletions;

words underlined are additions.

hb0433-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 433 2021 list of approved drone manufacturers under paragraph (b), a governmental agency may only purchase or otherwise acquire a drone from an approved manufacturer.

(d) By July 1, 2022, a governmental agency that uses any drone not produced by an approved manufacturer shall submit to the department a comprehensive plan for discontinuing the use of such a drone.

The department shall adopt rules identifying the requirements of the comprehensive plan required under this paragraph.

(e) By January 1, 2023, all governmental agencies must discontinue the use of drones not produced by an approved manufacturer.

The department shall establish by rule, consistent with any federal guidance on drone security, minimum security requirements for governmental agency drone use to protect the confidentiality, integrity, and availability of data collected, transmitted, or stored by a drone.

The department may consult federal agencies in establishing the minimum security requirements required under this paragraph.

330.41 Unmanned Aircraft Systems Act.— (4) PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— (c) This subsection does not apply to actions identified inPage paragraph4 (a)of which5 areCODING: committed by:

1.