Florida drone law: flying over private property (Statute 934.50)

Flying over private property in Florida isn't automatically illegal, but filming it can be. Florida Statute 934.50 bans using a camera drone to record privately owned property, or the people on it, with intent to conduct surveillance in violation of their reasonable expectation of privacy, unless you have written consent. Florida presumes that expectation applies to anyone who can't be seen from ground level, even if they're visible from the air. Separate rules in F.S. 330.41 ban flights over schools, farmland and critical infrastructure.

Florida drone privacy law — Under F.S. 934.50, recording people on private property with a drone, with intent to surveil and without written consent, is a crime and grounds for a civil suit.

What 934.50 prohibits

The law, called the Freedom from Unwarranted Surveillance Act, says a person or agency may not use a drone with an imaging device to record an image of privately owned real property, or of the owner, tenant, occupant, invitee or licensee, with the intent to conduct surveillance in violation of their reasonable expectation of privacy, without written consent.

Key definitions:

Image includes video and photos, but also thermal and infrared images, sound and other data.
Surveillance means observing people clearly enough to learn their identity, habits, conduct, movements or whereabouts, or observing a property's improvements clearly enough to identify unique features or whether someone is there.
Ground-level presumption: if a person isn't observable by someone at ground level in a place they have a legal right to be, they're presumed to have a reasonable expectation of privacy. A fenced backyard or a pool behind a privacy wall qualifies.

Penalties

Criminal: knowingly or willfully violating the rule is a first-degree misdemeanor. Doing it and intentionally distributing the surveillance is a third-degree felony. These criminal penalties took effect October 1, 2025, and don't apply to government agencies or their employees acting within their jobs.
Civil: the owner, tenant, occupant, invitee or licensee can sue for compensatory damages and an injunction. The winning side recovers reasonable attorney fees, and punitive damages may be sought.

Exceptions that matter to pilots

The statute lists specific lawful uses, including:

Aerial mapping by an operator complying with FAA rules
Cargo delivery that complies with FAA rules
Images needed for safe operation or navigation of the drone
Utility work by or for electric, water and gas utilities
Communications providers inspecting their facilities
Property appraisers assessing property for taxes

Real estate photography isn't listed as its own exception, so get written consent from the property owner, keep the camera on that property, and avoid capturing identifiable neighbors.

Florida's other property rules (330.41)

Schools: no flying over a public or private pre-K to 12 school without prior written consent from the principal, district school board, superintendent or school governing board.
Agricultural land: no flying over land classified as agricultural under F.S. 193.461 without the owner's written consent.
Critical infrastructure: flying over, touching or interfering with listed facilities (fenced or posted with no-entry signs), such as power plants, substations, water plants, prisons, seaports and airports, is a third-degree felony. Exemptions cover government agencies and their contractors, law enforcement complying with 934.50, and the facility's owner, operator or occupant or anyone with their prior written consent. Flying over (but not touching or interfering) is also allowed for a commercial flight authorized by and complying with FAA regulations.
Harassment: letting a drone contact private property or people on it with intent to harass is a crime.

Florida preempts most local drone ordinances, but cities can still enforce nuisance, voyeurism and harassment laws. See drone laws in Florida.

How to fly legally over private land in Florida

Get written consent before filming someone's property or people on it.
Transit over neighborhoods at a steady pace; don't hover over yards.
Point the camera away from backyards, pools and windows.
Delete footage that captures people in private settings.
Follow FAA rules too: TRUST or Part 107, and registration for drones of 250 g or more.

Rules current as of October 2026. This is general information, not legal advice. Read F.S. 934.50 and F.S. 330.41 on the Florida Senate's site.

Compare states on drone privacy laws or read can you fly over private property.