Kibbey Wagner Injury & Car Accident Lawyers | February 21, 2025 | Florida Law
Drones have gained in popularity as the technology has advanced. You can purchase a small drone that can capture pictures and videos with spectacular clarity. Businesses use drones to make deliveries and take aerial shots for commercial use. Government entities use drones for numerous reasons, including surveillance and security.
As the number of drones has increased, the issue of personal privacy has become a significant concern for many people. You may have wondered what you can do about an invasion of privacy if you have drones flying over your property.
How Does Florida Law Address an Invasion of Privacy by Drones?
Florida has enacted several laws that address privacy and drones. Those laws include:
Freedom From Unwanted Surveillance Act
Florida passed the Freedom from Unwarranted Surveillance Act in 2015. The law limits the use of drones. A drone operator is prohibited from using the drone to record an image of private real estate or the owner, occupant, licensee, tenant, or invitee.
The operator must intend to conduct surveillance to violate this law. However, the intent does not need to be indecent, as with the voyeurism law. Instead, the person intends to watch or video someone in violation of their reasonable expectation of privacy.
The Freedom from Unwanted Surveillance Act is not a criminal statute. Violations of the law do not result in criminal charges. Instead, the person whose privacy was invaded can sue the drone operator for civil damages. Civil damages may include economic damages for financial losses and non-economic damages for pain and suffering.
Voyeurism Laws and Drones in Florida
Florida Statute §810.14 prohibits a person from secretly observing another person when they are in a structure, dwelling, or conveyance that provides a reasonable expectation of privacy. Many drones are equipped with cameras, and many can be equipped with cameras.
Using a drone to secretly record or watch someone without their consent could be a violation of the voyeurism law. An offense is a first-degree misdemeanor that could result in up to one year in jail and a maximum fine of $1,000.
If you are convicted a second time under this statute, it is a third-degree felony. The penalty for a felony voyeurism conviction is up to five years in prison and a $5,000 fine.
Local Drone Laws in Florida
In addition to state drone laws that protect individuals from invasion of their privacy, local laws might also address the matter. Before using a drone, check with your local government to ensure that your use of a drone does not violate someone’s right to privacy or other drone laws.
Defenses to Allegations of Invasion of Privacy by a Drone in Florida
Even though you sue someone for invading your privacy using a drone, the person can fight the claim. Several defenses a drone operator might raise to a lawsuit include:
Lack of Intent
The injured party must prove that the drone operator intended to surveil them without their consent. Sometimes, a drone operator may unintentionally fly over private property or capture images without someone’s consent. Demonstrating a lack of intent can be an effective defense.
Challenging the Evidence
The injured party must also prove that the surveillance occurred. Eyewitness testimony, GPS data, video, and other evidence are used to prove the drone flew over private property to surveil and/or capture images.
Expert witnesses may be used to refute GPS and technical evidence. An attorney may cross-examine a witness to create doubt about their credibility or story.
Compliance With the Law
An argument may be made that the drone operator complied with all state and federal drone laws. In other words, the injured party failed to prove each of the legal elements required to establish liability.
Personal Injury Claims Involving Drones
If a drone crashes into you, it can cause severe injuries. An operator might panic if they believe they are “caught” invading your privacy. In a panic, they may crash the drone. If the drone crashes into you and causes injuries, you may sue for medical bills, lost wages, pain, suffering, and other damages.
Learn More About Violations of Privacy in Florida
Call Kibbey Wagner Injury & Car Accident Lawyers to discuss a personal injury lawsuit with an attorney. If someone caused your injuries, you could be entitled to compensation. We offer free consultations. Get the information you need to seek the compensation you deserve.
Contact Kibbey Wagner Injury & Car Accident Lawyers For Help Today
For more information, please contact the Stuart, Port St. Lucie, or Palm Beach Gardens personal injury law firm of Kibbey Wagner Injury & Car Accident Lawyers to schedule a free consultation today.
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