A new bill moving through the Florida Senate would allow homeowners to use “reasonable force” to take down drones that violate their right to privacy, directly contradicting federal airspace regulations and raising new legal questions about how far a person can go to defend their home from surveillance.
The bill’s primary goal is to further regulate the use of unmanned aircraft systems (UAS) while expanding the list of areas within the state that are protected from drone flights, such as airports and correctional facilities.
Notably, the bill allows homeowners to employ “reasonable force” to prevent a drone from infringing on their right to privacy.
“No one wants a drone sitting over their property, filming what they do for a variety of reasons,” Florida attorney Raul Gastesi told Fox News Digital. “Almost every state has privacy regulations, which include drones. I haven’t encountered one that enables for self-help.
The bill reveals a legal ambiguity regarding the rights of homeowners and drone operators. Under federal law, flying a drone above private residential areas is permissible as long as it remains in unrestricted airspace.
However, drone pilots who operate low-flying aircraft that cause a nuisance to residents may face trespassing and, in extreme situations, stalking charges.
A 2024 Florida statute known as the “Freedom from Unwarranted Surveillance Act” prevents drone operators from using an aircraft to take images or recordings of private property, citing a person’s right to privacy. However, it does not cover the use of drones to capture a live view of a person’s property.
“I would include an image device to view or record an image of private property with the intent to conduct surveillance in violation of the person’s reasonable expectation of privacy,” according to Gastesi. “If I’m at a park playing baseball with my kids and someone takes out a drone to demonstrate what’s going on, do I really have a right to privacy? But if my daughters are sunbathing in the pool behind my house, I expect privacy.”
If passed, the bill would empower homeowners to take action if a drone is observed above their land, but it does not define “reasonable force,” raising red flags that might lead to a clash between Florida law and the Federal Aviation Administration (FAA).
Currently, federal law prevents anybody from tampering with an aircraft while it is in flight, with violators facing significant fines and up to five years in prison.
“Shooting at an aircraft is illegal under federal law,” the FAA said in a statement to Fox News Digital. “A private citizen shooting at any aircraft – including unmanned aircraft – poses a significant safety hazard.”
The FAA declined to comment on the bill, citing the department’s incapacity to provide feedback on pending legislation.
The bill’s sponsor, state Senator Keith L. Truenow, R-FL, did not immediately reply to Fox News Digital’s request for comment.
The bill would clearly contradict federal law, causing homeowners to be confused about what is permissible.