Fort Myers, FL Drone Rules: Recreational Drones (2026)

Drone operations in the United States are federally regulated by the Federal Aviation Administration: commercial operators must hold a Part 107 Remote Pilot Certificate (14 CFR Part 107), and recreational flyers must comply with the Exception for Limited Recreational Operations (49 U.S.C. § 44809), which requires flying within visual line of sight, below 400 feet AGL, away from manned aircraft, registering drones over 0.55 lbs with the FAA, broadcasting a Remote ID, and passing the TRUST safety test. At the state level, Florida Statute § 330.41 (Unmanned Aircraft Systems Act) was enacted in 2017 (HB 1027) and broadly preempts local government regulation of drone design, manufacture, testing, maintenance, licensing, registration, certification, and operation, with narrow carve-outs under § 330.41(3)(d) allowing local authority over nuisances, voyeurism, harassment, reckless endangerment, property damage, and other illegal acts arising from drone use. Local governments retain authority to enact and enforce ordinances regulating the launching and landing of drones on public property they own. The result for Fort Myers: the city cannot adopt altitude, route, or general operation rules, but can prohibit take-off and landing in city parks, on public-facility property, or other city-owned land unless authorized by the Parks Department or Facility Manager. The Lee County Sheriff's Office and Fort Myers Police Department enforce FS § 934.50 (Freedom from Surveillance Act), which makes it unlawful to use a drone equipped with an imaging device to record the owner, tenant, or occupant of privately owned real property with the intent to conduct surveillance in violation of a reasonable expectation of privacy, without written consent. FS § 330.41 also creates a Critical Infrastructure offense for flying within 500 feet horizontally or 250 feet vertically of designated critical infrastructure (power plants, refineries, ports, prisons). Federal Part 107 violations are enforced by the FAA, with civil penalties up to $30,000+ per violation. For private property within Fort Myers city limits, federal rules apply and the operator should have the landowner's permission before launching or recovering.