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HelicopterMain Discussion › Florida law restricting RC aircraft with camera..
GyroFreak

rrProfessor

Orlando Florida ...28.49N 81.22W

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Well it seems that Florida has passed a law which is going to be greatly restrictive for anyone flying RC craft, which they define as a drone, which according to the definitions anything that can fly autonomously or remotly piloted that pretty much covers all our hobby RC aircraft whether it be a winged plane, helicopter, or multirotor.
Here is a link to the new law
http://laws.flrules.org/2015/26
or http://flsenate.gov/Laws/Statutes/2015/934.50
Or just to a search for FloRIDA 934.50

Apparently if you're taking pictures and you capture anybody's house but your own, then you are subject to civil prosecution by this law.
Now anybody can take you to court if you fly and they think you might be taking pictures of their house even though you're up at 400 feet, so if you have any neighbors that object to your drone flying, be careful because even though you might win in court it could be a real pain in the azz to go through the hassle and expense.
Yes, many of the exceptions in the law would exempt us, but it would be a big hassle to have to go to court and get a judge who my hate rc aircraft (drones)..

"One thing is clear. The new law will create many lawsuits because it provides opportunities for people to sue drone operators and gives the “prevailing party” the right to attorneys’ fees. Anyone who wants to sue a drone operator can do so without paying the lawyer out of pocket."

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

12-13-2016 03:56 PM
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AirWolfRC

rrProfessor

42½ N, 83½ W

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Anyone who wants to sue a drone operator can do so without paying the lawyer out of pocket.
. . . only if they can find a lawyer that will work on contingency and really thinks he can win.

Besides, to sue a drone operator, the plaintiff will have to show damages. Otherwise it's a criminal suit filed by some government agency and the original plaintiff does not get any of the fines.

12-13-2016 04:32 PM
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AndyH

Key Veteran

Rockledge, FL

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Wow. This sucks! I just moved to Florida to get away from all the crazy laws in Commiefornia.. Grrr.

One house I was looking at had an awesome flying field right behind it, but I opted to pass because I was to afraid of some stupid neighbor complaining and then I wouldn't be able to fly there (it was 4.5 miles from an airport.. ) I knew that if I bought that house and then couldn't fly there I'd be miserable looking at. Wasn't worth the risk.

Any who - I'm out on the Space coast, where's the good places to fly out here? Local guys anywhere?

And I hate quads and cameras.. So there!

This hobby is like Kryptonite to chicks!

12-13-2016 11:03 PM
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ErichF

Elite Veteran

Gainesville, FL 32606

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The sky is not falling. From Statute 934.50:
(b) A person, a state agency, or a political subdivision as defined in s. 11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee of such property with the intent to conduct surveillance on the individual or property captured in the image
The statute covers INTENT, not casual image capture or incidental image capture. Proving intent is very difficult to do, especially when there is none to begin with.

This statute also goes on to exempt more legitimate commercial applications of drones:
(4) EXCEPTIONS.—This section does not prohibit the use of a drone:
(a) To counter a high risk of a terrorist attack by a specific individual or organization if the United States Secretary of Homeland Security determines that credible intelligence indicates that there is such a risk.
(b) If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.
(c) If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious damage to property, to forestall the imminent escape of a suspect or the destruction of evidence, or to achieve purposes including, but not limited to, facilitating the search for a missing person.
(d) By a person or an entity engaged in a business or profession licensed by the state, or by an agent, employee, or contractor thereof, if the drone is used only to perform reasonable tasks within the scope of practice or activities permitted under such person’s or entity’s license. However, this exception does not apply to a profession in which the licensee’s authorized scope of practice includes obtaining information about the identity, habits, conduct, movements, whereabouts, affiliations, associations, transactions, reputation, or character of any society, person, or group of persons.
(e) By an employee or a contractor of a property appraiser who uses a drone solely for the purpose of assessing property for ad valorem taxation.
(f) To capture images by or for an electric, water, or natural gas utility:
1. For operations and maintenance of utility facilities, including facilities used in the generation, transmission, or distribution of electricity, gas, or water, for the purpose of maintaining utility system reliability and integrity;
2. For inspecting utility facilities, including pipelines, to determine construction, repair, maintenance, or replacement needs before, during, and after construction of such facilities;
3. For assessing vegetation growth for the purpose of maintaining clearances on utility rights-of-way;
4. For utility routing, siting, and permitting for the purpose of constructing utility facilities or providing utility service; or
5. For conducting environmental monitoring, as provided by federal, state, or local law, rule, or permit.
(g) For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations.
(h) To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations.
(i) To capture images necessary for the safe operation or navigation of a drone that is being used for a purpose allowed under federal or Florida law.

12-14-2016 04:17 AM
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gwright

Veteran

Champaign Il

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Hi Andy,

Lived there for 20 years, managed the IT dept for a large physician group (MIMA)that sold out to healthfirst in 2013. Then I moved up here to the freezing north to work for Hobbico. The last ten years there we lived in Templeton subdivision in Viera, so I'm kinda familiar with the area. There is the IRKS club with the field off 524 a few miles up the road. Awesome field, very large, with an area for helis, then the main flightline, a huge glider area, and some control line circles. I didn't fly there much after the club moved the field there from Viera. 10~15 minutes was too far to drive

There is a small group that flies saturday mornings behind John F Kennedy school on Fiske Blvd. Say Hi to Lee,Bob, and Newt for me. They are usually there from 9ish till noon or 1 on saturdays.

There is another group that flies at Jefferson Middle school on S. Courtney just south of merrit island airport. They're usually active sunday mornings. More airplanes there, but helis also.

If you want to drive down to Palm bay there's an area where people fly quite a bit, normally referred to as "the compound". Streets were put in for a subdivision a long time ago and the developer went under, so houses never built. There's also some powered paragliding activity there, and in certain areas of the compound a lot of free flight activity at times.

Kennedy shool was my favorite place, some great guys there and closest to home.

Gary Wright
Futaba
Flightpower
Prod manager at Hobbico

12-14-2016 12:44 PM
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AndyH

Key Veteran

Rockledge, FL

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Wow! The house I'm buying is just down the street from the middle school! They still fly there on Saturday mornings? Count me in! Always looking for new heli buds.

I've been down to the Compound a few times, pretty good down there just a bit far from the house. The IRKS guys seem really hard to get ahold of an join.. but I'll check them out too.

Thanks!

This hobby is like Kryptonite to chicks!

12-14-2016 11:17 PM
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icanfly

Elite Veteran

ontario

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simply amazing how much fuzz came on the heels of the quadcopter fad.

Funny, I took on helis to fly a cam and now could care less.

Consider if ever your challenged go take a snap of google earth to court and tell the bubs to pay your defense for the nuisance they created.

are there laws for pointing security cams on other people's properties? so what's the diff between that and a cam/quad?

12-15-2016 02:14 PM
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ErichF

Elite Veteran

Gainesville, FL 32606

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are their laws for pointing security cams on other people's properties? so what's the diff between that and a cam/quad?
Pointing a fixed camera at another property is easy to identify as intent to conduct surveillance, which is specifically mentioned in the FL Statute I quoted above (depending on FOV). It's easier to prove intent with a fixed camera. Not so much with a flying camera with limited flight time and no specific target direction.

12-16-2016 10:13 PM
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GyroFreak

rrProfessor

Orlando Florida ...28.49N 81.22W

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Here's the problem in a nutshell this man is truly off his rocker, He has been in a fight with just about everybody in this neighborhood, now all these neighbors live on 5 acres or so it is not like close contact just across the little white fence to next house. he is painted on roads private roads out here such things as so-and-so is a child molester. Of course nobody has any pictures of him doing it since he does it at night so they'd have no proof. He is called the police on me twice and every time the police came out they laugh about it and say he's a nutcase but they have to check out any reports they receive. His business has had many complaints and several civil cases that have gone to court.
It's not that I worry that he would have a case, but he will try to make a case out of it, which in the long run is a hassle.
I will post a picture of the signs he posted on my gate in a short while.
It is a possible defamation, and maybe even stalking. Oh yeah, he was arraigned for stalking a neighbor a few years back.
.
.
The signs are about 3X3 feet each.

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

12-17-2016 04:33 AM
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MrNiceGuy

Veteran

Melbourne, FL

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Wow! The house I'm buying is just down the street from the middle school! They still fly there on Saturday mornings? Count me in! Always looking for new heli buds.

I've been down to the Compound a few times, pretty good down there just a bit far from the house. The IRKS guys seem really hard to get ahold of an join.. but I'll check them out too.

Thanks!
Gary is right about us flying at Kennedy middle school. We will be flying there on Sunday morning this week but not Saturday. You are always welcome to stop by and fly with us. Unfortunately we lost our field on Merritt Island for the time being and the IRKS field at the Cocoa landfill is moving way out west somewhere. For now at least we can fly at the school in Rockledge so stop by or send me a PM if you'd like more info.

Lee

Yesterday is History, Tomorrow is a Mystery, Today is a GIFT

12-17-2016 01:17 PM
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MrNiceGuy

Veteran

Melbourne, FL

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There is a small group that flies saturday mornings behind John F Kennedy school on Fiske Blvd. Say Hi to Lee,Bob, and Newt for me. They are usually there from 9ish till noon or 1 on saturdays.
Hey Gary nice to see you still remember us I bet you are missing that Florida weather about now huh? I hope you can still fly without freezing anything important off. Anyway I hope everything is going well for you up there. You gotta try and make it back to Florida sometime, we miss flying with you.

Lee

Yesterday is History, Tomorrow is a Mystery, Today is a GIFT

12-17-2016 01:24 PM
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gwright

Veteran

Champaign Il

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Hi Lee,.. yes I remember everyone down there and miss flying with you very much. It's that time of year when we don't fly up here for a few months

At least I get to do some building of airplanes during the winter. Have a full basement workshop here, 1100 sq ft.

Gary Wright
Futaba
Flightpower
Prod manager at Hobbico

12-17-2016 03:49 PM
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fastrc1

Key Veteran

Brooklyn, NY-USA

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Always some foolery. I own a few lots in Melbourne/Palm Bay area. Luckily for me one of them is in Bayside Lakes Estates and is a 2 acre piece. When and if I clear it you're all invited to come and paddle the crap out of the air. Now with that being said; will the next piece of legislation have to do with walking up to a property line and looking at a residence for more than say a few seconds if you're not simply ascertaining an address? What's next?

Eaton

RIP Roman Pirozek Jr.
Team SRW Comp
Zeal Blades U.S. Flight Team
HRP
Team CanoMod

12-17-2016 05:46 PM
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GyroFreak

rrProfessor

Orlando Florida ...28.49N 81.22W

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What's next?
Some time ago some "feel good legislation" was discussed that if a person looked at a child to long they could be cited for looking. Such stupidity, and a few have actually been elected.

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

12-17-2016 05:55 PM
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fastrc1

Key Veteran

Brooklyn, NY-USA

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Yep; The land of ludicracy and lewdness Go figure
Eaton

RIP Roman Pirozek Jr.
Team SRW Comp
Zeal Blades U.S. Flight Team
HRP
Team CanoMod

12-17-2016 06:07 PM
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AndyH

Key Veteran

Rockledge, FL

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I'm kind of surprised that this became law in Florida. Just having moved here from California where there are laws for everything, I still find myself surprised by a lot of things that were illegal in California that aren't here.. For instance, no motor cycle helmets, people tossing cigarettes from car windows (heck, tons of people still smoking here! Seems to be all vaping now in Ca), no front license plates on the car, fireworks, concealed carry(well, not illegal in but darn near impossible to get) and other stuff. So for a state thats a lot more free this seems awfully restrictive.

I wonder how often this will be used in court? It seems darn near impossible to prove, unless the dang droner is stupid enough to post surveillance like video to youtube or something.

This hobby is like Kryptonite to chicks!

12-18-2016 11:17 AM
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icanfly

Elite Veteran

ontario

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gyrofreak, now would be a good time to attach a profile of santa and his reindeer on a quad and go fly near the kooks place and after christmas make it a witch on a broom like someone did for hellowe-in. Let the idiot take pictures to send to the cops so they end up rotfltaof, lol. Then make one look like Star wars mother ship or death star, or floating blow up doll just to mess with the nimrods head. Then re-construe a poster of your own using the letters in his poster to say something like so and so is spying on your drone in violation of his curfew, contrary to law such and such, and post it on his fence post in front of his house late one night. He probably still sucks his thumb.

I've got similar bubs to both sides of me.

12-18-2016 01:57 PM
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GyroFreak

rrProfessor

Orlando Florida ...28.49N 81.22W

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Good thing you abandoned commiforia, even potato guns are illegal.
http://www.thetruthaboutguns.com/20...ornia-who-knew/

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

12-18-2016 04:35 PM
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rbort

rrProfessor

Franklin, MA - USA

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Here is a good question

What can you see at night with a drone anyways in the country with no lights?

-=>Raja.

MA 1005 H280, 4060 flts
Raptor 90 H300, 267 flts
Spectra 27 3DMax, 3140 flts
Whiplash V1 27 3DMax, 1328 flts
Whiplash V2 H300, 45 flts

12-18-2016 05:11 PM
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GyroFreak

rrProfessor

Orlando Florida ...28.49N 81.22W

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What can you see at night with a drone anyways in the country with no lights?
Nothing, but this guy is a genuine nut case and has been in trouble with every body out here. He has also been charges with stalking, lawsuits against his company and even lawsuit from a well known bank. All public record.

I think about the hereafter. I go somewhere to get something, then wonder what I'm here after ?

12-19-2016 09:29 PM
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