Federal Laws Governing Drones
Classification as Aircraft
Under federal law, drones (unmanned aerial vehicles) are classified as aircraft. The Federal Aviation Administration (FAA) regulates all aspects of civil aviation in the United States, including the operation of drones. According to 18 U.S. Code § 32, it is illegal to willfully damage or destroy an aircraft, including drones¹. Violating this law can result in severe penalties, including fines and imprisonment.
Florida State Laws and Regulations
Criminal Charges
In Florida, shooting down a drone can lead to several criminal charges:
- Criminal Mischief: Destroying or damaging someone else’s property, including a drone, can result in criminal mischief charges under Florida Statutes § 806.13².
- Reckless Discharge of a Firearm: Discharging a firearm recklessly or negligently in public or residential areas can lead to criminal charges under Florida Statutes § 790.15³.
- Endangerment: Shooting at a drone can pose a significant risk to others, leading to potential endangerment charges.
Privacy Concerns and Legal Alternatives
While shooting down a drone is not a legal option, Florida law provides other avenues to address privacy concerns:
Florida Privacy Laws
Florida’s privacy laws, such as Florida Statutes § 934.50, protect against the invasion of privacy through drone surveillance. If a drone is capturing images or videos of your private property without consent, you can report the incident to local law enforcement⁴.
Civil Remedies
If a drone is persistently invading your privacy or causing a nuisance, you may have grounds for a civil lawsuit. Consulting with an attorney can help you understand your legal options, which may include seeking an injunction to prevent the drone’s owner from flying it over your property.
Reporting to the FAA
The FAA encourages reporting unsafe or illegal drone operations. If a drone is flying dangerously or invading your privacy, you can file a complaint with the FAA, which may investigate and take action against the drone operator.
Key Takeaways
References
¹ 18 U.S. Code § 32
² Florida Statutes § 806.13
³ Florida Statutes § 790.15
⁴ Florida Statutes § 934.50