Can Investigators Legally Use Drones for Surveillance in Florida?

Amaro Hesen • March 7, 2024

Private investigators use various methods to track down or keep tabs on an individual. However, they must follow their state's legal guidelines for surveillance during the investigation. Contrary to popular belief, private investigators don't have many special privileges for surveillance compared to the average citizen.

If you are seeking to hire a process server, or private investigation, choose a company that understands the laws and regulations. For example, there are specific guidelines regarding drones for surveillance in Florida. Here is information about what a qualified Florida process server and private investigation firm can and cannot do with drones.

Drone Surveillance Laws in Florida

Florida has a specific legal framework for human surveillance. Florida's Freedom from Unwarranted Surveillance Act, Statute 934.5, outlines the limitations of using drones for surveillance.

This act prohibits any person or political subdivision from using a drone to record footage of privately owned property with the intent to conduct surveillance. People have reasonable expectations of privacy on privately owned property, and surveying them with drones violates those expectations.

While there are a few exceptions to drone surveillance laws in Florida, they don't apply to private investigators, attorneys, or licensed investigators.

Private investigators who conduct illegal surveillance with a drone could be held liable. The person who hired them could also be held responsible through vicarious liability.

Related Florida Drone Laws

Florida has other drone laws private investigators must be aware of. For example, under Florida Administrative Code 51-43.003, no one can operate a drone on managed lands, such as Florida state parks or forests, without authorization from the Department of Agriculture and Consumer Services. Neither can drones take off or land on district lands.

Aside from these state laws, different Florida municipalities have their own drone use laws.

When Can Drones Be Used in Private Investigations?

Drones have a few uses within private investigations aside from human surveillance. For example, a law enforcement department may use a drone to take aerial footage of a crime scene. An attorney may use drone footage to help with accident reconstruction.

Drones can also help collect footage of public property inaccessible by foot, such as waterways or remote areas. However, before flying drones, private investigators must be aware of local or state codes that could prohibit the activity in that area.

Can Private Investigators Use Drones in Criminal Investigations?

Law enforcement professionals often outsource their criminal investigations to licensed private investigators. So, if a private investigator is conducting research as part of a criminal investigation, can they use drones to survey the targeted suspect?

The answer is still no. Private investigators would need specific judicial authority, such as a search warrant, to record video footage of a person on their private property. There aren't many exceptions to drone surveillance laws in Florida that would allow a private investigator to survey a person with a drone. Surveillance footage taken with a drone likely wouldn't be admissible evidence in a criminal investigation.

Work With Licensed Private Investigators

If your business needs to hire a private investigator, choose a company that is licensed in your state. Investigators are able to take photos on public property, conduct social media checks, and more.

Professional Process Servers & Investigators, Inc. offers reliable private investigation services that adhere to all drone surveillance laws in Florida. Our ethical investigation practices have helped many local and nationwide attorneys collect information to assist their cases. We have also conducted private investigations for the U.S. Securities and Exchange Commission.

Contact us today at 954-566-2523 or fill out a form online to request a quote if your business seeks private investigation and surveillance services in Florida.The body content of your post goes here. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source.

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