Drone Use In Fla. Real Estate: Tricky But Not Impossible

Law360, New York (June 25, 2015, 10:59 AM EDT) -- On July 1, 2015, a new law passed by the Florida Legislature and signed into law by Governor Rick Scott, will become effective. The law, known as the "Freedom from Unwarranted Surveillance Act," is an attempt by the Florida Legislature to address privacy concerns raised by the use of drones. The purpose of the law is to deter persons from videotaping (with a camera-enabled drone) others who might be in their backyard or other places that the Legislature has determined a right of privacy exists. While the law may be well intentioned, it suffers from several flaws in its drafting — some of which are likely fatal. Some of these concerns have already been raised by other commentators, including the fact that the law is most likely unconstitutional under the First Amendment. It has also been noted that Florida, as do most states, already has adequate privacy laws that provide people with rights and protections, regardless of the method or means by which another is violating their privacy rights. But enough about the law's deficiencies. The important question is what this law means for legitimate businesses who can benefit from drone technology, such as surveyors, construction companies and others in the real estate industry....

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