[ElDiabloJoe]

Source website: Florida lawmakers take aim at drones, protecting homeowners''' right to privacy | Fox News

Florida property owners pestered by spying drones could soon be allowed to fight back with 'force'

The bill aims to increase drone regulations throughout Florida

Julia Bonavita By Julia BonavitaFox News
Published April 21, 2025 4:00am EDT

Florida attorney weighs in on bill giving homeowners the right to take down drones over property:

Raul Gastesi speaks with Fox News Digital about a bill moving through the Florida Senate that would give homeowners the right to use "reasonable force" to take down drones infringing on their privacy rights.

A new bill moving through the Florida Senate would give homeowners the right to use "reasonable force" to take down drones infringing on their right to privacy, directly conflicting with federal airspace regulations while raising new legal questions regarding how far a person can go to defend their home from surveillance.

The bill primarily focuses on further regulating the use of unmanned aircraft systems (UAS) while broadening the scope of locations that are protected from drone flights within the state, such as airports and correctional facilities.

Notably, the bill would permit homeowners to use "reasonable force" to stop a drone from infringing on their expectation of privacy.

A drone flies in the sky
A bill proposed in the Florida Senate would allow homeowners to use "reasonable force" to take down drones infringing on their right to privacy. (Jens Büttner/Picture Alliance via Getty Images)
"No one wants to have a drone sitting over their property, filming what they do for any number of reasons," Florida-based attorney Raul Gastesi told Fox News Digital. "Almost every state has laws on privacy, including drones. I can't say that I've seen one where it allows for self-help."

The bill highlights a legal gray area surrounding the rights of homeowners and drone pilots. Under federal law, it is legal to fly a drone over private residential areas if the drone remains in unrestricted airspace.

However, drone pilots operating low-flying aircraft that create a nuisance for homeowners could be prosecuted for trespassing and, in extreme cases, stalking.

Drones can help keep officers safe too, one police department says.
As drone technology advances, police departments are using the technology more frequently. (Wheat Ridge Police Department )
A 2024 Florida statute titled the "Freedom from Unwarranted Surveillance Act" prohibits drone operators from using an aircraft to take photos or videos of private property, citing a person’s right to privacy. However, it does not address using drones to gather a live view of a person’s property.

"I would include an image device to view or record an image of private property with the intent to conduct surveillance in violation of the person's reasonable expectation of privacy," Gastesi said. "If I'm at a park and I'm playing baseball with my kids, and somebody takes up a drone just to show what's going on in the park, do I really have an expectation of privacy? But if my daughters are sunbathing in the pool behind my house, I have an expectation of privacy."

If passed, the bill would allow homeowners to take matters into their own hands if a drone is spotted over their property, but does not specify what constitutes "reasonable force," raising red flags that could force a showdown between Florida law and the Federal Aviation Administration (FAA).

Florida is looking to pass a law allowing homeowners to take down drones.
FAA regulations allow drones to be flown over residential areas, as long as they are in unrestricted airspace.(iStock)
Currently, federal law prohibits anyone from tampering with an aircraft while it is in the air, with violators facing hefty fines and up to five years in jail.

"It’s illegal under federal law to shoot at an aircraft," the FAA said in a statement to Fox News Digital. "A private citizen shooting at any aircraft – including unmanned aircraft – poses a significant safety hazard."

The FAA declined to comment on the bill, citing the department’s inability to comment on pending legislation.

The bill's sponsor, state Sen. Keith L. Truenow, R-FL, did not immediately respond to Fox News Digital's request for comment.

The bill would directly conflict with federal law, opening the door for homeowners to face confusion regarding what is permitted.

Florida is looking to pass a law allowing homeowners to take down drones.
Drones are gaining in popularity, with companies and civilians using them more frequently in recent years.(iStock)
"There are certain things that are permissible under state law that are not permitted by federal law," Gastesi said. "Just because your state says you can do it, doesn't mean the federal government won't prosecute you for it."

The FAA also cites the possible safety hazards that come with interfering with drone flights, especially over populated areas.

"An unmanned aircraft hit by gunfire could crash, causing damage to persons or property on the ground, or it could collide with other objects in the air," the FAA said in a statement to Fox News Digital. "Shooting at an unmanned aircraft could result in a civil penalty from the FAA and criminal charges from federal, state or local law enforcement."

While the bill does not explicitly legalize using a firearm to take down a nosy drone, Gastesi believes the possibility could have dangerous consequences, since everything that goes up, must come down.

"The discharge or the use of the device is not as dangerous as the consequences, which is with [the drone] falling," Gastesi told Fox News Digital. "Florida has strict gun laws as far as discharging a weapon in a residential area [and] over residential neighborhoods.

"But if you use it the wrong way, you can kill people and go to jail for a long time."

State law prohibits firing a gun in local neighborhoods, with the exception being for self-defense. However, Gastesi does not believe using a firearm to shoot down a drone would qualify.

"Are you defending property when you are taking down a drone," Gastesi said. "I think you're defending your right to privacy. I don't necessarily think that you're defending property. It would be an argument to somebody charged with that crime that they're defending their property, [but] the way the statute's written, I don't think it would prevail. It's very concerning, giving people rights to discharge firearms in open spaces in public is really concerning and I don't know how my fellow Floridians are going to react to something like this."

The first-of-its-kind bill focuses on growing unease throughout the country as drone sightings become more frequent, and could usher in a flurry of similar legislation from additional states as lawmakers race to keep up with evolving technology.

"There's going to be other states that are going to follow suit, I believe it," Gastesi said. "Especially the states with the most liberal gun laws, states that have open carry; I am sure they are going to pass it."

The bill has sailed through various committees largely uncontested and is currently scheduled to be considered by the Florida Senate. If passed, it would go into effect in October 2025.

[Caymus]

Will The Villages allow miniature Patriot Systems?

[MarshBendLover]

Drone jammer. Neighbor up north had one that cost less than 1k last year. They used it to stop drones over the neighborhood pool. Jams the signal and forces the drone to return to owner. Easy to operate and fun to watch. Of course for a bit more, you can just place a unit that operates 24/7 sorta like a protective bubble.

[Bill14564]

Originally Posted by MarshBendLover

Drone jammer. Neighbor up north had one that cost less than 1k last year. They used it to stop drones over the neighborhood pool. Jams the signal and forces the drone to return to owner. Easy to operate and fun to watch. Of course for a bit more, you can just place a unit that operates 24/7 sorta like a protective bubble.

Also illegal (but maybe only if you get caught)

[Normal]

Originally Posted by MarshBendLover

Drone jammer. Neighbor up north had one that cost less than 1k last year. They used it to stop drones over the neighborhood pool. Jams the signal and forces the drone to return to owner. Easy to operate and fun to watch. Of course for a bit more, you can just place a unit that operates 24/7 sorta like a protective bubble.

I would be for jamming drone signals. Shoot, it’s legal to block cell phones in stores , schools and restaurants, so why not?

[CarlR33]

Originally Posted by Normal

I would be for jamming drone signals. Shoot, it’s legal to block cell phones in stores , schools and restaurants, so why not?

Probably because a cell phone is not in danger of falling on your head when the signal drops?

[ElDiabloJoe]

Originally Posted by Normal

I would be for jamming drone signals. Shoot, it’s legal to block cell phones in stores , schools and restaurants, so why not?

Pretty sure cell phone jammers are NOT legal:
Jammer Enforcement | Federal Communications Commission

P.S., BB guns work well on drones.

[Bill14564]

Originally Posted by Normal

I would be for jamming drone signals. Shoot, it’s legal to block cell phones in stores , schools and restaurants, so why not?

What gives you the idea that jamming cell phones is legal???

[Aces4]

Shoot down drones? Talk about draconian measures, who is electing these people? Maybe airplanes will be next..

[Whatnext]

Originally Posted by ElDiabloJoe

Pretty sure cell phone jammers are NOT legal:
Jammer Enforcement | Federal Communications Commission

P.S., BB guns work well on drones.

.000 is better. Its what Ukraine infantry use.

[Normal]

Originally Posted by Bill14564

What gives you the idea that jamming cell phones is legal???

Devices are used to render cell phones inoperable. Whether that is jamming or not I’m not sure of. At the same time, there are stores where cell phones are overwhelmed with advertising messages pertaining the section of the store you are in. I guess it can go either way.

EMF devices can be purchased for the task also on Amazon. Here is an article on schools that block usage. Do Schools Block Cell Service? A Detailed Look At The Controversial Practice - ExpertBeacon

[thelegges]

Originally Posted by Normal

I would be for jamming drone signals. Shoot, it’s legal to block cell phones in stores , schools and restaurants, so why not?

I have to ask how many Drones fly over your house? Do you have that questionable illegal something in your backyard. Can’t imagine who wants to film Old Big Belly 80-90yos. It’s not like girls gone wild in TV pools.

The drone group that searches for a lost child, or in TV looking for a lost pet…Shooting drone down is definitely worthwhile.

When LEOs are searching for the person of interest, I would bet many who want to shoot down drones, would be very happy for the person of interest will probably hid in your house to thank you.
Then again with the lack of the ability to ID who owns the drone, in TV most won’t know the difference from an insurance, real estate, or Sheriff PD.

[Bill14564]

Originally Posted by Normal

Devices are used to render cell phones inoperable. Whether that is jamming or not I’m not sure of. At the same time, there are stores where cell phones are overwhelmed with advertising messages pertaining the section of the store you are in. I guess it can go either way.

EMF devices can be purchased for the task also on Amazon. Here is an article on schools that block usage. Do Schools Block Cell Service? A Detailed Look At The Controversial Practice - ExpertBeacon

The FCC is very clear on this - Federal law prohibits the operation,... of any type of jamming equipment that interferes with authorized radio communications, including cellular...

You need to read more about the EMF devices on Amazon, the first two I looked at made it very clear that their products do not interfere with cell phone signals.

The article seems to carefully avoid advising the use of jammers which they acknowledge are illegal.

The "blocking" they are referring to seems to be blocking of particular internet sites, likely using a deny list in a gateway/router device. This is consistent with the article mentioning the VPNs and wireless hotspots make restrictions porous.

Actively jamming an authorized radio signal is illegal in the US.

[MarshBendLover]

Telling people it's illegal is like telling people in the 70s they can't use CB radios for play or use profane language on the air because they will be found and charged by the feds.

[Bill14564]

Originally Posted by MarshBendLover

Telling people it's illegal is like telling people in the 70s they can't use CB radios for play or use profane language on the air because they will be found and charged by the feds.

Just trying to correct some disinformation. Too many don't bother to look things up for themselves, would hate for "it's done in schools" to be the only thing they read.

As for the rest, see post #4.