Drone Laws in Florida

Summary of Drone Laws in Florida

Agencies Responsible for regulating drones in the State of Florida

Federal Aviation Administration

FAA Drone Website: https://www.faa.gov/uas/

Florida State Laws Related to Drones

UAS Laws – General rules for flying drones in Florida

Drone operation in the State of Florida is broadly governed by The Federal USA agency responsible for drone safety, the FAA. Click here for details on FAA USA Drone Laws.

In addition, the Florida legislature has enacted several supplemental rules specific to Florida drone operations. The highlights are enumerated below. For more details, go to the links above and search for unmanned aircraft.

Are drones allowed in Florida?

Drones are allowed in Florida for recreational and commercial use, subject to FAA regulations and flight controls put in place by local governments. Read on for details.

Specific additional drone laws by the Florida State legislature

Definitions:

Florida Statutes defines a drone as a “powered, aerial vehicle that:

1. Does not carry a human operator;
2. Uses aerodynamic forces to provide vehicle lift;
3. Can fly autonomously or be piloted remotely;
4. Can be expendable or recoverable; and
5. Can carry a lethal or nonlethal payload.”

“​Unmanned aircraft system​” means a drone and its associated elements, including communication links and the components used to control the drone, which is required for the pilot in command to operate the drone safely and efficiently.

“​Critical infrastructure facility​” means any of the following, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if clearly marked with a sign or signs which indicate that entry is forbidden and which are posted on the property in a manner reasonably likely to come to the attention of intruders:

1. An electrical power generation or transmission facility, substation, switching station, or electrical control center.
2. A chemical or rubber manufacturing or storage facility.
3. A mining facility.
4. Natural gas or compressed gas compressor station, storage facility, or natural gas or compressed gas pipeline.
5. A liquid natural gas or propane gas terminal or storage facility with a capacity of 4,000gallons or more.
6. Any portion of an aboveground oil or gas pipeline.
7. A wireless communications facility, including the tower, antenna, support structures, and all associated ground-based equipment.

330.41 ​–​ ​Unmanned Aircraft Systems Act

PROTECTION OF CRITICAL INFRASTRUCTURE FACILITIES.— (a) A person may not knowingly or willfully:

1. Operate a drone over a critical infrastructure facility;
2. Allow a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility; or
3. Allow a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility.

934.50​ ​-​ ​Freedom from Unwarranted Surveillance Act PROHIBITED USE OF DRONES

1. A law enforcement agency may not use drones to gather evidence or other information.
2. 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 in violation of such person’s reasonable expectation of privacy without his or her written consent. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone.

EXCEPTIONS.—This section does not prohibit the use of a drone:

1. 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.
2. If the law enforcement agency first obtains a search warrant signed by a judge authorizing the use of a drone.
3. If the law enforcement agency possesses reasonable suspicion that, under particular circumstances, swift action is needed to prevent imminent danger to life or serious property damage, 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.
4. 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.
5. By an employee or a contractor of a property appraiser who uses a drone solely to assess property for ad valorem taxation.
6. To capture images by or for electric, water, or natural gas utility:
7. For aerial mapping, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations.
8. To deliver cargo, if the person or entity using a drone for this purpose is operating in compliance with Federal Aviation Administration regulations.
9. 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.
10. By a communications service provider or a contractor for a communications service provider for routing, siting, installation, maintenance, or inspection of facilities used to provide communications services.

Specific additional UAS drone laws by local governments within Florida State

Town of Bonita Springs | Municipal Law (2016)

Drone operations under this city ordinance are only allowed at Community Park when the park’s fields are unoccupied. Moreover, pilots must not fly drones within 25ft of people, places, or things, namely buildings, powerlines, and lighting fixtures.

Canaveral Port Authority | Unmanned Aerial Systems Policy

Drone pilots are prohibited from all UAV operations under this policy unless they have prior authorization. Users must request authorization 48 hours before the intended drone use to CPA Public Safety & Security. Applications are via the official online form (link above).

Town of DeFuniak Springs | Municipal Law (2016)

Drones are prohibited from flying over private or public property under this city ordinance without the property owner’s consent. The ordinance also states that all commercial pilots must register with the town’s police department before carrying out commercial drone operations.

Lake County | Code of Ordinances (2001)

The purpose of this county ordinance is to prohibit all drones from take-offs and landings on county-owned non-recreational or non-designated spaces and other restricted areas. The director or designee may grant prior permission on a case-by-case basis.

The city of Miami | Municipal Law (2016)

This 2016 city ordinance bans the use of drones from within a half-mile radius of stadiums, sporting facilities, and other large venues or events. Examples include Bayfront Park, Calle Ocho Festival, Marlins Ballpark, Miami Marine Stadium, and other parks or facilities that host special occasions. This ordinance also states that a city permit is required for particular drone activities.

City of Orlando | Municipal Law Sec. 37-12. (2016)

This law states that no drone shall fly within 500ft of city-owned buildings and other structures. That includes schools, parks, and venues. The 500ft flight restriction also applies to gatherings that exceed greater than or equal to 1000 persons. Some exceptions are available for permit holders, costing $20 per flight. Annual permits are also obtainable for $150.

UAV Operators in violation of this city ordinance face fines between $200–$400.

Pinellas County | Code of Ordinances (2018)

This county ordinance bans all drone operations from county-owned or county-managed lands. That includes take-offs and landings unless it’s to protect public safety. Exceptions may be available with prior written permission from the local administrator or designee.

The University of Tampa | UAV & Drone Policy (2015)

This policy aims to maintain a safe, nonthreatening campus environment. Thus, it restricts all drone operations over or within university-owned property and grounds without official authorization. The policy applies to pilots of commercial and recreational unmanned aerial vehicles (UAVs).

UAS operation rules in Parks, Recreation, and Cultural Preserves

Florida Administrative Code 5I-4.003 // 2016

This state code prohibits drones on managed lands, including Florida state parks and forests, except at a runway or a heliport and only with authorization from the Department of Agriculture and Consumer Services. The authorization shall be based upon a determination that the takeoff or landing will not endanger the health, safety, or welfare of any person, potentially damage the forest resources, or interfere with the management objectives of that forest as provided in that forest’s management plan. Authorization from the Service is not required in an emergency or for Service official business.

Florida Administrative Code 40C-9.320 // 2004

This state code prohibits drones from taking off or landing on District lands unless authorized by a Special Use Authorization.

Specific additional laws in Jurisdictions within Florida

Many cities or towns within the state of Florida may have specific restrictions within their jurisdictions. We recommend checking the local jurisdiction for the latest regulations.

What you must know about Florida No Fly Zones or No Drone Zones

You need to know if you can operate your drone. Under what limitations? Whether you will need authorizations? And, if so, how to get those authorizations.

We encourage you to read our explainer. It provides more details here: Explainer – What You Must Know About No Fly Zones or No Drone Zones

How do I check for no-fly zones, no-drone zones, and uncontrolled or controlled airspace in Florida?

The FAA has partnered with Aloft to develop the B4UFLY mobile app. The app can tell you if there are any airspace restrictions where you want to fly.

If you are looking for a drone no-fly zone map, then B4UFLY is a good place to start.

The app provides situational awareness to recreational flyers and other drone users. You will need airspace authorizations to fly in controlled airspace. This app does not allow you to get airspace authorizations. Authorizations are available through the FAA’s Low Altitude Authorization and Notification Capability (LAANC).

The B4UFLY app is available to download for free:

Get the B4UFLY at the App Store for iOS.  https://apps.apple.com/us/app/b4ufly-drone-airspace-safety/id992427109

Get the B4UFLY at the Google Play store for Android.  https://play.google.com/store/apps/details?id=gov.faa.b4ufly2&hl=en_US&gl=US

B4UFLY is also available as a desktop version for preflight planning and research. https://b4ufly.aloft.ai/ (“B4UFLY App | Federal Aviation Administration”)

How do I get authorization to fly in controlled airspace in Florida?

Low Altitude Authorization and Notification Capability (LAANC) is run by the FAA. It is the only way to get permission to fly in controlled airspace.

LAANC is available to drone pilots. It applies if you are operating under the Small UAS Rule Part 107. And it applies if you are operating under the exception for Recreational Flyers.

You can get access through one of the FAA-approved LAANC UAS Service Suppliers. Some providers have apps that can be used to apply for approval in near-real time.

There are two ways to use LAANC:

• Submit a near real-time authorization request for operations. Applies to flights under 400 feet in controlled airspace around airports. This is available to Part 107 Pilots and Recreational Flyers.
• Submit a “further coordination request.” This applies if you need to fly above the designated altitude ceiling in a UAS Facility Map, up to 400 feet.
  • You can apply up to 90 days before a flight. The approval is coordinated manually through the FAA. This is available to Part 107 pilots only.

LAANC is available at 726 airports. Use the manual process to apply for authorizations for airports not offering LAANC.

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Notes for recreational drone pilots flying for fun in Florida

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In Florida, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

Following these rules will keep you and your drone safe. And that helps keep the airspace available to everyone.

All recreational flyers must pass an aeronautical knowledge and safety test. The Recreational UAS Safety Test (TRUST) meets this rule. You must provide proof of passage if asked by law enforcement or FAA personnel. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA’s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

1. Understand recreational flying requirements
   • Note: Non-recreational drone use is when you fly drones for business or to help out, not just for fun. For example, real estate agents may use drones to take photos of houses they are selling. Roof inspectors might use drones to get a closer look at roofs. A high school might have someone fly a drone to record football games and post videos on their website. Doing volunteer work with drones also counts as non-recreational use. So, non-recreational drone use is any time you operate a drone to do useful work. Or help others out. It is when you are not just doing it to enjoy flying it for hobby or sport. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
   • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
   • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
2. Take TRUST
   • You may take the free online test through any of the FAA-approved test administrators.
   • All FAA-approved TRUST test administrators offer the test free.
   • All test questions are correctable to 100% before issuing your completion certificate.
   • After completing TRUST, you must download, save, or print your completion certificate.
   • If you lose your certificate, you will need to retake TRUST.
   • View a list of TRUST Test Administrators
3. Receive your certificate
   • After you pass the test, you will receive a certificate. The test administrator you selected gives you your certificate.
   • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

USC44809 is the Exception for Limited Recreational Operations of Unmanned Aircraft. It is the law that describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

1. Fly only for recreational purposes (personal enjoyment).
2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Read Advisory Circular 91-57C. It provides more information on how to become an FAA-recognized CBO, 
3. Keep your drone within the visual line of sight. Or use a visual observer who is physically next to you and directly communicating with you.
4. Give way to and do not interfere with other aircraft.
5. Fly at or below FAA-authorized altitudes in controlled airspace with prior FAA authorization. Controlled airspace is Class B, C, D, and surface Class E designated for an airport. Get your FAA authorization using LAANC or DroneZone.
6. Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Flying drones in restricted airspace is not allowed. Before the flight, drone pilots should always check for airspace restrictions. You can do so on the B4UFLY app or the UAS Facility Maps webpage.
7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
8. Have a current FAA registration. Mark (PDF) your drones on the outside with the registration number. And carry proof of registration when flying. Starting September 16, 2023, registered drones must broadcast Remote ID information. The FAA has delayed enforcement to March 16, 2024.
9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots must not violate safety requirements. Nor should they operate their drone flight carelessly or recklessly. You could be liable for criminal and/or civil penalties if you do.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. But, to fly your drone commercially, you must first get a Remote Pilot Certificate (RPC). This is also true for flights under the FAA’s Small UAS Rule (Part 107). The RPC is also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

It is recommended that recreational drone operators consult the Federal Aviation Administration (FAA) rules and regulations on the proper use of recreational drones and use common sense when operating these devices around crowded public areas, wildlife, or historic resources.

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Notes for operating Commercial Drone Services in Florida

If you have a small drone that is less than 55 pounds, you can fly it for work or business by following the Drone Laws in the USA defined by FAA Part 107 guidelines.

Commercial drone operations in Florida State are approved under the FAA Part 107. Please check the specific state jurisdiction for additional permissions, licensing, or clearance requirements.

For a complete review of the FAA Part 107 regulation, please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorizations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. There are three main steps to fly under Part 107 rules.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

• 14 CFR Part 107 Small Unmanned Aircraft Systems

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will need a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

• Operation from a moving vehicle or aircraft – §107.25
• Operation at Night – §107.29(a)(2) and (b)
• Visual line of sight aircraft operation – §107.31
• Visual observer – §107.33
• Operation of multiple small unmanned aircraft systems – §107.35
• Yielding the right of way – §107.37(a)
• Operation over human beings – §107.39
• Operation in certain airspace – §107.41
• Operating limitations for small unmanned aircraft – §107.51
• Operations Over Moving Vehicles – §107.145

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports. It is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft. You are responsible for any safety hazard your drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

• At least 16 years old
• Able to read, write, speak, and understand English
• Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

• Review Knowledge Test Suggested Study Materials provided by the FAA.

Get an FAA Tracking Number (FTN)

• Create an Integrated Airman Certification and Rating Application (IACRA) profile. Then, register for the knowledge test.

Schedule an Appointment

• Take the Knowledge Test at an FAA-approved Knowledge Testing Center.

Complete FAA Form 8710-13

• Once you’ve passed your test for a remote pilot certificate (FAA Airman Certificate and/or Rating Application), log in to the FAA Integrated Airman Certificate and/or Rating Application System (IACRA)* to complete FAA form 8710-13.
• Review the entire process to get your Remote Pilot Certificate.

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register. Learn more about registering your drone.

• Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
• Once you’ve registered, mark your drone (PDF) with your registration number. The number will be useful in case it gets lost or stolen.

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Useful published information on flying drones in Florida

We have partnered with the FAA and other drone enthusiasts in supporting an internet educational campaign called Know Before You Fly. The tips, pointers, and resources apply to Florida Drone Users also. Please visit the site for additional information: Know Before You Fly

Association for Unmanned Vehicle Systems International – Mostly for commercial drone service providers and users.

Academy of Model Aeronautics – Mostly for hobbyists

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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Traveling with a Drone?

Click here to read our Comprehensive Guide For Traveling With A Drone.

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