Florida Statewide Rule

Florida Drone Preemption Act for Recreational Use

Some RestrictionsApplies statewide across Florida (2026)

Key Facts

Preemption Statute: Fla. Stat. 330.41
Surveillance Statute: Fla. Stat. 934.50
Local Ordinances: Preempted
Federal Authority: FAA / 49 U.S.C. 44809

Last verified: August 21, 2026Source: Florida Senate

Summary

Florida expressly preempts local regulation of drones, reserving authority to the state and federal government, with limited surveillance and trespass exceptions.

(3) REGULATION.- (a) The authority to regulate the operation of unmanned aircraft systems is vested in the state except as provided in federal regulations, authorizations, or exemptions. (b) Except as otherwise expressly provided, a political subdivision may not enact or enforce an ordinance or resolution relating to the design, manufacture, testing, maintenance, licensing, registration, certification, or operation of an unmanned aircraft system, including airspace, altitude, flight paths, equipment or technology requirements; the purpose of operations; and pilot, operator, or observer qualifications, training, and certification.

Source: Florida SenateView official code

Full Breakdown

Fla. Stat. 330.41 (the Unmanned Aircraft Systems Act) preempts the entire field of unmanned aircraft regulation to the state. A political subdivision may not enact or enforce an ordinance regulating the design, manufacture, operation, registration, or use of a drone. Recreational pilots fly under the FAA's Exception for Recreational Flyers (49 U.S.C. 44809), which requires passing the TRUST safety test and registering drones weighing over 0.55 pounds. Florida's Freedom from Unwarranted Surveillance Act (Fla. Stat. 934.50) prohibits using drones to capture images of private property where there is a reasonable expectation of privacy.

Violations & Penalties

Surveillance violations under Fla. Stat. 934.50 expose operators to civil suits for compensatory damages, injunctive relief, and prevailing-party attorneys' fees, with punitive damages available in some cases. Unauthorized airspace operation is a federal FAA matter.

Frequently Asked Questions

Can my Florida city ban recreational drone flights?

No. Fla. Stat. 330.41 preempts local drone regulation. Cities cannot prohibit operation, registration, or use except as narrowly authorized for critical infrastructure.

Is it legal to film my neighbor's yard with a drone in Florida?

No. Fla. Stat. 934.50 prohibits drone surveillance of private property where the subject has a reasonable expectation of privacy. Civil penalties apply.

Sources

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