Miguel Diaz de la Portilla files drone bill

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A South Florida lawmaker is adding to the bills filed to regulate drones, with legislation making their owners and users liable for any injuries the remotely-piloted aircraft may cause.

State Sen. Miguel Diaz de la Portilla, a Coral Gables Republican, filed the bill (SB 642) on Monday.

The legislation would ensure that any injury in which “operation of a drone was a substantial contributing factor” would enable the injured person “to recover all damages” from that drone’s owner and operator.

Moreover, if the injury was because of a manufacturing defect, a plaintiff also could sue and recover from a drone’s manufacturer, the bill says.

Lawmakers in Florida and across the country have been passing more laws related to drone aircraft in recent years. In Florida, the concerns have been mostly about invasions of privacy.

Generally, drones vary in size from the larger ones used by the U.S. against terrorists overseas to, more commonly, small helicopter-type craft used by hobbyists and often equipped with cameras.

In 2013, Florida enacted a measure limiting law enforcement from using drones to gather evidence in criminal cases.

Earlier this year, another law passed that prohibits using drones to photograph private property without the owner’s consent.

Still another bill introduced earlier this month would criminalize the use of drones by sexual predators to take photos or videos of children.

So far, 26 states have enacted laws dealing with drones, according to the National Conference of State Legislatures.

Jim Rosica

Jim Rosica is the Tallahassee-based Senior Editor for Florida Politics. He previously was the Tampa Tribune’s statehouse reporter. Before that, he covered three legislative sessions in Florida for The Associated Press. Jim graduated from law school in 2009 after spending nearly a decade covering courts for the Tallahassee Democrat, including reporting on the 2000 presidential recount. He can be reached at [email protected].


3 comments

  • Michael blitch

    October 27, 2015 at 11:19 am

    Wiat, how does this lawmaker think that operators are not currently responsible already? So exactly what is this law proposal to change? Have there been any incidents that would necessitate such changes or the time and expense to create new laws? what problem is being solved?

  • Michael blitch

    October 27, 2015 at 11:20 am

    Als the article is wrong. “Earlier this year, another law passed that prohibits using drones to photograph private property without the owner’s consent.”

    that is not at all what the law says. Please do your research before making such incorrect statements.

    • Jim Rosica

      October 27, 2015 at 11:46 am

      “A person, a state agency, or a political subdivision … may not use a drone … to record an image of privately owned real property … in violation of such person’s reasonable expectation of privacy without his or her written consent.”

Comments are closed.


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