Drone Crimes

As drones become more common, the Florida legislature has started to develop criminal offenses that prohibit the use of a drone in certain locations, at certain times, or for certain purposes.

In Florida, drones are known as Unmanned Aerial Systems (UAS) or the Unmanned Aerial Vehicles (UAV). A drone can range in size from a wingspans of six (6) inches to two hundred forty-six (246) feet and can weigh from approximately four (4) ounces to over 25,600 pounds. Drones may be controlled manually or through an autopilot which uses a data link to connect the drone’s pilot to the drone.

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.

Laws prohibiting drone use under a variety of circumstances are listed in Section 934.50, F.S. Federal law also contains numerous criminal offenses related to operating a drone.

Attorneys for Drone Crimes in Tampa, FL

If are charged with any criminal offense related to the use of a drone, including an Unmanned Aerial Vehicles (UAV) or an Unmanned Aerial Systems (UAS), then contact an experienced criminal defense attorney at Sammis Law Firm.

We can help you fight allegations of illegally using a drone for surveillance or other prohibited purposes under Section 934.50, F.S.

Our offices are located in downtown Tampa in Hillsborough County and in New Port Richey in Pasco County. Contact us for a free consultation to discuss your criminal charges and the best ways to fight the case.

Call 813-250-0500.

Illegal Use of Drones for Surveillance

In Florida, Section 934.50, F.S., prohibits using drones for surveillance in violation of another person’s reasonable expectation of privacy.

In fact, under Section 934.50(3)(b), a real property owner, tenant, occupant, invitee, or licensee of the property is presumed to have a reasonable expectation of privacy from drone surveillance of the property or the owner, tenant, occupant, invitee, or licensee by another person, state agency, or political subdivision, if he or she cannot be seen by persons at ground level who are in a place they have a legal right to be.

Furthermore, Section 934.50(5)(b)-(d) F.S., provides for compensatory damages, injunctive relief, attorney fees, and punitive damages for a violation of s. 934.50(3)(b), F.S.

Under Section 934.50(e), the term “surveillance” is defined as:

• With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or
• With respect to privately owned real property, the observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.

Some cities and counties have enacted ordinances to prohibit the unauthorized use of surveillance drones by private persons when the use of the drone invades the privacy rights of citizens.

The victim of such conduct may “initiate a civil action for compensatory damages for violations of this section and may seek injunctive relief to prevent future violations of this section against a person.” § 934.50(5)(b), Fla. Stat. (2021).

Drones Causing Substantial Emotional Distress under Stalking Statute

In addition to initiating an action under Florida Statute Section 934.50 for invasion of privacy, the victim might also be able to file for an injunction for protection against stalking based on the substantial emotional distress provision of the stalking statute.

For instance, in Rosaly v. Konency, 47 Fla. L. Weekly D1800c, a Fourth DCA case dated August 31, 2022, the court found that the use of a drone (along with other evidence) might support the issuance of an injunction. The court found:

“The use of a drone can contribute to causing a person substantial emotional distress under section 784.048(1)(a).

The Florida legislature amended section 934.50, Florida Statutes, in 2015 to prohibit certain conduct involving drones. The staff analysis for the amendment recognized that “drones possess capabilities which could be used by private individuals . . . to breach reasonable expectations of privacy, including the voyeuristic actions of spying on and recording private acts.” Fla. S. Comm. on Judiciary, CS/SB 766 (2015), Post-Meeting Staff Analysis 3 (March 26, 2015), https://www.flsenate.gov/Session/Bill/2015/766/Analyses/2015s0766.ju.PDF. “[D]rones can be equipped with a wide array of sensory equipment, including high-magnification lenses, infrared, ultraviolet and see-through imaging devices, acoustical eavesdropping devices, laser optical microphones, and face and body recognition software.” Id. “[O]ne drone outfitted with the proper equipment could” “watch a building,” “look inside the building,” and “listen[ ] to conversations taking place inside” “all [ ] at once.” Id. at 3-4.

As a result of this privacy concern, the Florida legislature amended section 934.50, Florida Statutes, in 2015. Section 934.50, as amended, imposes limits on the use of a drone. § 934.50, Fla. Stat. (2021). The statute prohibits a person from using “a drone equipped with an imaging device to record an image of . . . the . . . tenant [of a privately owned real] 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.” § 934.50(3)(b), Fla. Stat. (2021).

Furthermore, in Raulerson v. Font, 277 So. 3d 1057 (Fla. 3d DCA 2018), the third district recognized that surveillance by a drone might constitute stalking because surveillance is among the “[t]ypical hallmarks of stalking and cyberstalking.” Id. Although in that case, there was not enough evidence presented. Id. at 1063.

Prohibitions Against Weaponized Drones in Florida

Under Section 330.411, F.S., Florida law prohibits a person from possessing or operating an unmanned aircraft or unmanned aircraft system, with an attached weapon, firearm, explosive, destructive device, or ammunition.

In at least one other state, the law allows law enforcement agencies to utilize weaponized drones of a non-lethal variety including tear gas, rubber bullets, beanbags, pepper spray, or tasers, but law enforcement agencies in Florida are not allowed to operate weaponized drones.

Changes in Florida’s Drone Laws

Recently proposed bills have sought to amend the definition of “critical infrastructure facility” in s. 330.41, F.S., to include:

• state correctional institution or a private correctional facility;
• secure juvenile detention center or facility;
• nonsecure residential facility;
• high-risk residential facility;
• maximum-risk residential facility; and
• county detention facility.

Other bills have sought to amends s. 934.50, F.S., to include exceptions to the prohibitions against drone use currently found in the “Freedom from Unwarranted Surveillance Act.” The act creates exceptions for:

• Facilitating the collection of evidence at a crime scene or traffic crash scene; and
• Allowing drone use by a local or state agency in the assessment of damage, flood state, wildfire, or land management, or the monitoring and collection of scientific or marketing data.

Protection of Critical Infrastructure Facilities in Florida from Drone Traffic

Section 330.41, F.S., protects critical infrastructure facilities by prohibiting any person from knowingly or willfully:

• Operating a drone over a critical infrastructure facility, unless the drone is in transit for commercial purposes and is in compliance with Federal Aviation Administration (FAA) regulations;
• Allowing a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or
• Allowing a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

A first violation of this prohibition is a second degree misdemeanor and a second or subsequent violation is a first degree misdemeanor. A second degree misdemeanor is punishable by up to 60 days in jail and up to a $500 fine.

“Critical infrastructure facility” means any of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs which indicate that entry is forbidden and which are posted on the property in a manner reasonably likely to come to the attention of intruders:

• An electrical power generation or transmission facility, substation, switching station, or electrical control center.
• A chemical or rubber manufacturing or storage facility.
• A mining facility.
• A natural gas or compressed gas compressor station, storage facility, or natural gas or compressed gas pipeline.
• A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000 gallons or more.
• Any portion of an aboveground oil or gas pipeline.
• A wireless communications facility, including tower, antennae, support structures, and all associated ground-based equipment.

The prohibition does not apply to prohibited actions that are committed by:

• A federal, state, or other governmental entity, or a person under contract or otherwise acting under the direction of a federal, state, or other governmental entity;
• A law enforcement agency that is in compliance with s. 934.50, F.S., or a person under contract with or otherwise acting under the direction of such law enforcement agency; or
• An owner, operator, or occupant of the critical infrastructure facility, or a person who has prior written consent of such owner, operator, or occupant.

Additionally, the prohibition against operating a drone over a critical infrastructure facility does not apply to a drone operating in transit for commercial purposes in compliance with FAA regulations, authorizations, or exemptions.

Using a Drone by FWC or the Florida Forrest Service

According to the Bill Analysis prepared by the Professional Staff of the Committee on Environment and Natural Resources for 2021 CS/SB 494:

“[r]emote sensing using drones for the surveillance, detection, and reporting of an invasive species can improve early detection of invading plants and animals, making management more efficient and less expensive.57 Studies have shown that drones can efficiently and inexpensively cover a large geographic range, reach places that are difficult to access, carry a variety of cameras and sensors, collect biological specimens, and target and eliminate individual organisms through ballistic application of herbicides.”

For these reasons, Section 934.50(4)(p), F.S., provides an exception to the prohibition that allows a non-law enforcement employee of FWC or the Florida Forest Service to use a drone to manage or eradicate invasive exotic plants or animals on public lands and to suppress wildfire threats.

Using a Drone to Bring Contraband into State Facilities

Over the past few years, there have been several reported incidents involving drones being used to drop contraband into prison yards. As a result, at least ten (10) states have passed laws to prohibit the use of drones near prisons under certain circumstances.

In Florida, it is a felony to introduce contraband into or upon the grounds of a state correctional institution, a juvenile detention facility or commitment program, or a county detention facility.

Florida defines the term “state correctional institution” to mean “any prison, road camp, prison industry, prison forestry camp, or any prison camp or prison farm or other correctional facility, temporary or permanent, in which prisoners are housed, worked, or maintained, under the custody and jurisdiction of the Department of Corrections Privatized prisons are authorized by ch. 957, F.S.”

Using Drones for Traffic Crash Investigations

Law enforcement officers in Florida are starting to use drones for traffic crash scene investigations and reconstruction. The drone allows for a more effective investigation and a faster way to clear the roadway.

Section 934.50, F.S., prohibits law enforcement agencies from using a drone to gather evidence, although several exceptions apply. When the drone is used by officers in a prohibited way, the evidence obtained is not admissible in a criminal prosecution in any court of law.

The party that suffers damages because of the illegal use of a drone by law enforcement officers is permitted to initiate a civil action against a law enforcement agency to obtain all appropriate relief in order to prevent or remedy a violation of s. 934.50, F.S.

Template for a Search Warrant Authorizing Use of a Drone in Florida

When law enforcement wants to use a drone as part of a search on private property, they might seek a search warrant to authorize the use of the drone.

Criminal defense attorneys investigating the sufficiency of search warrants using drones can learn a lot by comparing this template to the search warrant issued in their case to understand the modifications made by law enforcement and determining what information was added or taken out.  One template used by law enforcement in Florida provides:

IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT
IN AND FOR COUNTY COUNTY, FLORIDA

STATE OF FLORIDA, AGENCY CR#: 00-00-000000
PLAINTIFF,

SUSPECT(S),
DEFENDANT(S).

AFFIDAVIT AND APPLICATION FOR SEARCH WARRANT
VS. AUTHORIZING THE USE OF A DRONE UNDER F.S. 934.50
_______________________________________/

BEFORE ME, the undersigned Judge, State of Florida, came this sworn application and affidavit by Your Rank Your Name, a law enforcement officer employed by Your Agency, who was first duly Sworn, deposes and says that He/She has reason to believe the laws of the State of Florida have been violated and are now being violated, and there is now being kept in or on the below-described premises and/or the curtilage of the same, certain evidence, fruits, or instrumentalities of that crime to be found in or on the following described premises located in County County, Florida:

The premises to be searched DESCRIBE THE LOCATION OF THE RESIDENCE YOU INTEND TO SURVEIL/SEARCH AS SPECIFICALLY AS POSSIBLE. INCLUDE A DESCRIPTION OF THE BUILDING, THE COLOR, THE CURTILAGE AND THE GENERAL APPEARANCE IN AS MUCH DETAIL AS YOU ARE ABLE. INCLUDE A PHOTO OF THE LOCATION IF AVAILABLE. The premises to be searched are located at Address, City, County County, Florida. See photo below.

(insert photograph of location)

To reach ADDRESS/LOCATION, SPECIFIC DIRECTIONS ON HOW TO REACH THE LOCATION. PROVIDE DIRECTIONS FROM A STANDARDIZED INTERSECTION OR GEOGRAPHICAL MARKER.

SAID PREMISES being located in the County of County, State of Florida, in the control of, or occupied by (persons currently in control of location or items) and being the property of (persons in control AND owners).

Pursuant to Florida Statute § 934.50 (4)(b), your Affiant requests this court to authorize the remote use of a Drone to gather aerial video and/or aerial photographs of the above-described property or the area or premises and its curtilage where the property is located and all items, objects and individuals associated with the above-described property. Your Affiant further requests this court to authorize the remote use of a Drone to continue surveillance on/at (Suspect(s)/Address/Vehicle) in the event the (Suspect(s)/vehicle(s)) is picked up and transported to a secondary location.
A Drone is a powered, aerial vehicle that:
1. Does not carry a human operator;
2. Uses aerodynamic forces to provide vehicle lift;
3. Can fly autonomously or be piloted remotely

Affiant or any other person authorized to execute the search warrant or assist in the execution of the search warrant through the operation of the Drone, will operate the Drone and using the Drone will capture images of items and/or objects and/or actions of individuals which constitute evidence relevant to proving that Florida Statute 000.00 – OFFENSE NAME has been committed.

The items, objects, and/or individuals within or about said premises to be seized are particularly described as:

1. Observations of (Address) with sufficient visual clarity.
2. Observations of persons who are associated with (Address) with sufficient visual clarity to obtain information about their identity, habits, conduct, movements or whereabouts.
3. Observations of (Address) with sufficient visual clarity to be able to determine unique identifying features of the location.
4. Observations necessary for the safe operation or navigation of the drones.
5. Observations of (Address) and the surrounding curtilage as well as any secondary locations and surrounding curtilage should its occupants frequent them, with sufficient visual clarity.
6. Observations necessary for the safe entry onto and into the (Address) including any structures and vehicles on the premises for the proper operation and execution of companion warrants by members of law enforcement details.
7. List any additional items you may hope to locate

ALL OF WHICH are being kept and/or was used and/or obtained in and/or is evidence of a felony violation of the laws of the State of Florida, to-wit:
Florida Statute 000.00 – OFFENSE NAME
Florida Statute 000.00 – OFFENSE NAME

THE facts establishing the basis for Your Affiant’s belief are:

Your Affiant, Your Rank Your Name (hereinafter referred to as YA), is a duly sworn law enforcement officer employed by Your Agency and has been since Hire Date. YA successfully completed Basic Law Enforcement Training at Academy Attended in City Where You Attended, County County, Florida. YA served as SUMMARIZE YOUR LEO WORK EXPERIENCE. YA has attended SUMMARIZE SPECIAL TRAINING & LEO CLASSES INCLUDING APPROXIMATE DATES OF COMPLETION. By His/Her training and experience, SUMMARIZE SPECIAL QUALIFICIATIONS BASED ON ABOVE TRAINING – IE, FAMILIARITY WITH CONTROLLED SUBSTANCES, KNOWLEDGE OF CHILD PORNGRAPHY, ETC. YA is currently assigned to CURRENT ASSIGNMENT and has been assigned to investigate various criminal offenses to including, but not limited to, YOUR CASE LOAD since MONTH, YEAR YOUR CURRENT ASSIGNMENT BEGAN.

SUMMARIZE YOUR CASE HERE

SUMMARIZE DETAILS CONSIDERED THAT ASSISTED WITH DETERMINATION THAT DRONE DEPLOYMENT WAS NECESSARY (DISCUSS ANY THREAT LEVEL MATRIX INFORMATION AVAILABLE)

Your Affiant certifies that there is a clear connection between the location to be surveilled by the Drone, the criminal activity alleged, and the potential person or person(s) whose privacy would be invaded. It is further certified, as set forth in the search warrant attached hereto, and specifically incorporated herein as Exhibit A, that there is probable cause, based on specific and articulable facts, that the (Address) contains evidence relevant to a felony crime. The Court has either previously, or is contemporaneously, finding probable cause and has authorized the use of an associated search warrant (Exhibit A) at that the (Address).

BASED ON THE FOREGOING, YA has reason to believe and does believe that the structure in question has contained in the past, and does contain now, certain instrumentalities and contraband which constitutes a violation of the laws of the State of Florida, or certain evidence which constitutes proof of a violation of the laws of the State of Florida, and based upon the foregoing, requests issuance of a search warrant for the above-described residence to allow seizure of the above-described items.

BASED ON THE FOREGOING, YA has reason to believe, and does believe, that the (items, objects, and/or individuals within or about said premises) in question pose a danger to law enforcement. The utilization of Drone surveillance in advance of, and during the course of, an active criminal investigation will assist in more accurate and up to date safety information for law enforcement personnel at the scene of (Address) during the execution of the companion search warrant. Based upon the preceding assertions, YA requests issuance of a search warrant for the specific deployment of a Drone at the above-described residence.

WHEREFORE, Your Affiant prays that a search warrant be issued according to law commanding YA, and/or the Sheriff of County County, and/or the Sheriff’s deputies, and/or any police officer in County County within whose jurisdiction the aforesaid property to be searched is found, or the Commissioner of the Florida Department of Law Enforcement, or any of his duly constituted Agents with proper and necessary assistance, to utilize a Drone to capture images of items and/or objects and/or actions of individuals through aerial video, aerial photography, or live surveillance, which constitute evidence relevant to proving that a crime has been committed.

Your Affiant requests authorization for use of said Drone to search for all of the said items seized either in the daytime or in the nighttime, or on Sunday, as the exigencies of the occasion may demand, in order that the evidence may be procured to be used in the prosecution of such person or persons unlawfully possessing or using the same in violation of the laws of the State of Florida.

Your Affiant prays this Court to authorize your Affiant, or any other person authorized to execute the search warrant, or assist in the execution of the search warrant, be authorized to remotely and continuously operate and monitor the Drone and use the Drone to remotely capture images of items, objects and actions of individuals through aerial video and/or aerial photographs.

Your Affiant prays this court to authorize your Affiant, or any other person authorized to execute the search warrant or assist in the execution of the search warrant, to remotely and continuously operate and monitor the Drone and use the Drone to remotely capture images of items, objects and actions of individuals through aerial video and/or aerial photographs until the companion search warrant (see Exhibit A) (ensure submission of primary warrant is completed simultaneously) is executed by law enforcement, the investigation is completed, or for a period of no longer than (specify time frame):
beginning at (enter earliest time that Drone would be used)
until (enter time when it is anticipated that the residential SW will be executed)

Your Affiant requests that he/she or any other person authorized to execute the search warrant or assist in the execution of the search warrant, be authorized to monitor images from the drone, including those signals produced from inside any private area or other location not open to the public or to visual surveillance.

Your Affiant certifies that pursuant to F.S. 119.071(2)(c)1, that this is an active and ongoing criminal investigation whose documentation is not subject to disclosure at this time, and that dissemination of this Search Warrant, Affidavit and Application in support thereof may subject law enforcement to risk of injury and/or subject the evidence sought to a potential risk of tampering.

Your Rank Your Name, Affiant
Your Agency

SWORN TO AND SUBSCRIBED before me this day of January 2026.

Notary or Assistant State Attorney

The above Application for Search Warrant coming on to be heard and having examined the application made under oath and the above sworn affidavit set forth and other facts and thereupon being satisfied that there is probable cause to believe that the grounds set forth in said Application and the facts do exist and that the law is being violated, I so find, and a search warrant is hereby allowed and issued.

FURTHER, the Court now finds that pursuant to F.S. 119.071(2)(c)1, that this is an active and ongoing criminal investigation and this Search Warrant, Affidavit and Application in support thereof as well as the Inventory and Return, are to be sealed and exempt from public inspection.

FURTHER, the Court directs that the Affidavit and Application for the search warrant to be kept in the custody of the executing agency until further order of the court or until release by the executing agency. This will maintain the integrity of the ongoing investigation, pursuant to F.S. 119.071(2)(c)1 and Wooling v. Lamar, 764 So. 2d 765, 768 (Fla. 5th DCA 2000).

FUTHER, any Property seized or taken shall be impounded for use as evidence at any trial of any criminal or penal cause growing out of the having or possession of said Property.

CIRCUIT COURT JUDGE

S.A. review:
ATTORNEY NAME
Assistant State Attorney

This article was last updated on Friday, January 16, 2025.