Part 107 in Florida: Privacy and Felony Zones

A Part 107 certificate lets you fly commercially in Florida, and two state laws decide how. Florida Statutes §934.50 bars using a camera drone to record private property or the people on it with intent to conduct surveillance, without written consent, and it judges privacy by what someone on the ground could see. Section 330.41 makes flying over critical infrastructure a third-degree felony, unless the flight is commercial and complies with FAA regulations.

What does the surveillance law prohibit?

§934.50(3)(b) says a person may not use a drone with an imaging device to record an image of privately owned real property, or of its owner, tenant, occupant, invitee or licensee, with the intent to conduct surveillance in violation of their reasonable expectation of privacy, without written consent.

The unusual part is the test. A person is presumed to have a reasonable expectation of privacy on their own property if they cannot be seen by people at ground level in a place those people have a legal right to be, regardless of whether a drone could see them from the air.

What can you do without consent?

The law lists exceptions in §934.50(4). The ones most relevant to Part 107 work:

• aerial mapping, if you operate in compliance with FAA regulations;
• delivering cargo, if you operate in compliance with FAA regulations;
• images needed for the safe operation or navigation of the drone;
• utility and communications inspections, by or for the provider;
• property appraisers assessing property for taxation.

Real estate photography is not on the list, so written consent from the owner is the safe route for listing work. An owner, tenant or guest can sue for compensatory damages and an injunction, and the winning side recovers attorney fees.

How does the critical infrastructure rule work?

Under §330.41(4), a person may not knowingly or willfully fly a drone over a critical infrastructure facility, let it touch the facility, or come close enough to interfere. It is a third-degree felony. The flight-over part does not apply when the operation is for a commercial purpose and is authorized by and in compliance with FAA regulations. The list of facilities runs from power plants and water treatment facilities to prisons, dams and locks.

What federal rules matter most in Florida?

Miami, Orlando and Tampa all sit under Class B airspace, so much coastal and metro work needs authorization under §107.41, usually through LAANC. Beaches and events put people under your flight path, which brings in Operations Over People.

A worked example

A homeowner in Tampa hires you to film their house for a sale. Federally, you check the airspace and get LAANC if needed. Under §934.50, the neighbor's backyard pool is hidden from the street by a hedge, so its occupants are presumed to have an expectation of privacy. Frame the shot so you are recording your client's property, with the client's written consent, and do not loiter over the neighbor's yard.

What this means for the exam

The FAA knowledge test covers federal rules only, so Florida law is not on it. The civil twilight post is worth reading for Florida sunset shoots, which are tested.

Other states are compared in the state drone laws guide.