Drone legislation advances in Senate

drones

An effort to add liability language to the state law governing drone aircraft is moving through the state Senate, now without a contentious clause calling for joint and several liability.

On Tuesday, the Senate commerce and tourism committee approved a measure (SB 642) related to drones. The proposal, sponsored by Sen. Miguel Diaz de la Portilla, updates the state’s Freedom from Unwarranted Surveillance Act to include liability language.

The measure previously said the owner and operator of the drone would be liable for damages based on the joint and several liability doctrine. However, on Tuesday the bill was amended to remove that language. Instead, it now classifies a drone as “a dangerous instrumentality” and calls on the owners and operators of drones to “exercise reasonable care to prevent injuries of others.”

The UAS Association of Florida opposed the change. David Daniel, who is representing the UAS Association of Florida, said the legislation sends a message that Florida isn’t embracing the new technology. He also said the proposed changes could limit job creation in Florida.

Diaz de la Portilla said the legislation doesn’t effect commercial operators. Instead, he said, it says the owner is responsible if the drone was operated negligently.

“You can’t stop a bird (from flying into a plane), but you can sure as heck make sure the owners of a drone are responsible,” he said.

The measure now heads to the Senate Rules committee. A House bill (HB 459) addressing liability, sponsored by Rep. Heather Fitzenhagen, has yet to receive a committee hearing.

Jenna Buzzacco-Foerster



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