• A governmental agency (including municipalities and their police departments) (hereinafter, “Agency” or “Agencies”) will be able to purchase/obtain a drone only from a list of approved manufacturers who satisfy specific security standards.
  • These approved vendors are to be compiled and posted by the Department of Management Services (the “Department”) by January 1, 2022.
• If an Agency uses a drone not manufactured by an approved vendor, the Agency must submit to the Department a comprehensive plan for discontinuing its use.
  • Rules identifying the requirements of this comprehensive plan are to be adopted by the Department.
• All Agencies must have discontinued the use of non-approved drones by January 1, 2023.
• Agencies are to comply with general rules and minimum security standards to be established by the Department.

• Newly revised section 934.50, Florida Statutes, now allows for drones to be used:
  • To provide aerial perspective of a crowd of 50 or more persons;
    • The head of the Agency using the drone in this fashion must provide written authorization for such use and maintain a copy on file at the Agency;
    • Furthermore, the Agency must have policies and procedures for such use in place, that include guidelines:
      • • For the Agency’s use of a drone;
        • For the proper storage, retention, and release of any images or video captured by the drone; and
        • That address safety and constitutional protections of the people being observed.
  • To assist with traffic management;
    • But the agency may not issue a traffic infraction based upon drone captured video or images;
  • To facilitate collection of evidence at a crime scene;
  • For the assessment of damage that is the subject of a state of emergency, before the expiration of the emergency declaration;
  • For the assessment of vegetation or wildlife management on publicly owned land or water; and
  • By certified fire department personnel to perform tasks within the scope and practice authorized under their certifications

The post Florida Law Update: The Authorized Use of Drones by Police Departments and Government Agencies appeared first on Weiss Serota Helfman Cole + Bierman.

SUMMARY OF CHANGES AFFECTING MUNICIPAL GOVERNMENTS

Budget for law enforcement

• The local state attorney or a member of a municipality’s governing body may appeal a municipal budget that reduces funding of a municipal police agency to the Governor and Cabinet (the “Administration Commission”).
• The municipality has 5 working days from receipt of service of the appeal to file a reply with the Governor, after which a budget hearing will be held.
• The Governor shall then submit a recommendation to the Administration Commission, which, within 30 days, shall determine how and whether to modify the budget
• The budget, as approved or modified by the Administration Commission, shall be final.

Damages for not providing reasonable protection during a riot

• The Act creates a duty on municipalities to allow the municipal law enforcement agency to respond appropriately to protect persons and property during a riot or an unlawful assembly based on the availability of adequate equipment.
• If the governing body of a municipality breaches that duty, the municipality is civilly liable for any damages arising from personal injury, wrongful death or property damage proximately caused by the municipality’s breach. 
• Sovereign immunity is waived — the damages recoverable under the Act by a person who is killed, injured or suffers property damage is not limited by sovereign immunity caps. 

Training of municipal law enforcement agencies

The Act substantially revised several current laws and creates new laws, all of which are effective immediately as of the signing of this bill on April 19th. There is an urgent need for municipal police officers to become familiar with these changes, as they may be called upon to enforce them at any time.

The information contained in this document does not constitute legal advice.

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