A new proposal making its way through the Florida Senate aims to empower homeowners to use “reasonable force” to counter drones that invade their privacy. This proposal directly opposes federal airspace regulations, leading to potential legal ambiguities about the extent to which individuals can protect their residences from intrusive aerial surveillance.
The key focus of the proposal is to enhance regulations surrounding unmanned aircraft systems (UAS) and expand the areas designated as off-limits for drone operations in the state, including places like 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.
The bill, while not explicitly permitting the use of firearms to disable a trespassing drone, raises concerns about the potential risks involved in such actions, as any object that ascends into the sky ultimately descends back down to the ground.
“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.
