ThE lAw oF dRonES In FloRIdA
Senior Counsel Section
Chair: Thomas Newcomb Hyde – Attorney at Law
T
he Law of Drones
is not a new Netflix
mini-series. Rather,
it was a remarkable
presentation by Sasha Lohn to a
packed Senior Counsel luncheon
of over fifty lawyers and judges
in January. Lohn is the General
Counsel and Executive Director
of the Sun Coast Police Benevolent
Association. She previously served
for more than four years as the
General Counsel for the St.
Petersburg Police Department.
Under Florida law, a drone is a
powered, aerial vehicle that does
not carry a human operator; uses
aerodynamic forces to provide
vehicle lift; can fly autonomously
or be piloted remotely; can be
expendable or recoverable; and
can carry a lethal or nonlethal
payload. 1 In other words, drones
are small, remotely operated
airborne systems.
Sasha explained that drones
provide an incomparable
opportunity for law enforcement
agencies to keep the public and
their personnel safe, at a price
that allows agencies of almost any
size to participate. For example,
the DJI Matrice 600 Hexacopter,
complete with accessories, is
available for about $5,000 2 and
the DJI Tello is only $99. 3 Sasha
bravely
high risk of a
demonstrated
terrorist attack;
the operation
or if there is
of the Tello at
reasonable
the luncheon.
suspicion that swift
Drones
action is needed to
with nonlethal
prevent imminent
payloads can
danger to life, or
be used to
serious damage,
prepare for
or the escape of
or monitor
a suspect. Of
the safety and
course, there is
security of
an exception
Sasha
Lohn
major events;
if the law
search large
enforcement
drones provide an
or dense areas;
agency first
and determine
obtains a search
incomparable
staffing or
warrant signed
opportunity for law
deployment
by a judge
strategies in
authorizing the
enforcement agencies
times of crisis.
use of the drone.
to keep the public and
They can get
There are other
footage to
exceptions for
their personnel safe.
learn what is
business, for
happening and
the property
go over or
appraiser, aerial
around a school or a stadium. But
mapping, and delivering cargo. 6
lethal payloads can be frightening.
The lawyers and judges in
Sasha showed a YouTube video
attendance were delighted with
demonstrating the lethal power
Lohn’s marvelous presentation and
of drones featuring their “Killer
the opportunity to learn more about
Drone,” created by two crazy
the law of drones in Florida. n
Finnish famers who equipped
their drone with a chain saw, and
1 Section 934.50(2)(a), Fla. Stat.
watched as it attacked pine trees,
4
2 https://store.dji.com/
icicles and even snowmen.
Under current Florida law, the
product/matrice-600 (last visited
authority to regulate the operation
March 31, 2020).
3 https://store.dji.com/product/
of drones is vested in the state
except as provided in federal
tello (last visited March 31, 2020).
4 https://youtu.be/6Viwwetf0gU?t=
regulations, authorizations or
exemptions. Thus, municipal and
29s (last visited March 31, 2020).
5 Section 330.41(3)(a), Fla. Stat.
county ordinances are preempted. 5
6 Section 934.50, Fla. Stat.
A law enforcement agency may
not use a drone to gather evidence
or other information. However,
Author: Thomas Newcomb Hyde –
there are exceptions: to counter a
Attorney at Law
FInd pro Bono TrAInIng opporTunITIes AT HILLsBAr.Com.
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