Florida Senate debate on use of “reasonable force” to shoot down drones that infringe on privacy rights

The Florida Senate is stirring up a legal hornet’s nest with a proposal that lets homeowners use “reasonable force” against drones hovering too close for comfort. If that feels like a David-versus-Goliath battle between backyard privacy and federal airspace law, well, that’s exactly what it is.

At the heart of this legislative dust-up is a bill that would allow Floridians to take action - potentially aggressive action – against drones they feel are infringing on their privacy. And yes, that could include shooting them down. But here’s the catch: under federal law, those drones are considered aircraft. And shooting at an aircraft? That’s a federal crime.

Let’s look at some of the key details...

How low can a drone fly?

The legal gray area here is wide enough to, well, fly a drone through. Federal law, via the Federal Aviation Administration (FAA), governs the skies. This includes drones, which are currently free to pass over private property so long as they remain in unrestricted airspace. But what happens when those drones dip too low, buzzing rooftops or peering into windows?

Florida already has laws under its Freedom from Unwarranted Surveillance Act that ban drone operators from taking photos or video of private property without consent. But the law stops short of addressing live surveillance. And it definitely doesn’t give homeowners the right to shoot anything out of the sky.

The proposed bill changes that. It gives property owners the green light to use “reasonable force” to stop drone surveillance. What exactly constitutes “reasonable force” is left vague – intentionally or not. Would waving a broom at a drone qualify? Throwing a rock? Pulling out a shotgun? The bill doesn’t spell it out.

What does Federal law say about drones?

The FAA, predictably, isn’t thrilled. “It’s illegal under federal law to shoot at an aircraft,” the agency reminded anyone who would listen, adding that even a drone knocked out of the sky could pose “a significant safety hazard.” Drones don’t hover in a vacuum; they can crash onto cars, people, or property – or into other flying objects.

Federal penalties for tampering with aircraft include hefty fines and up to five years in prison. And yes, drones count as aircraft.

Could Florida bill extend further?

Despite the risks, the bill has made steady progress in the Florida Senate, moving through committees with barely a hiccup. If passed, it could take effect in October 2025. And it likely won’t be the last of its kind. States with looser gun laws may look to Florida as a blueprint for their own drone crackdowns.

But with federal law looming large, the stage is set for a showdown between states’ rights and federal authority. And until someone draws a legal line in the sky, drone pilots – and the homeowners with them in their sights – will be left guessing.

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