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House subcommittee passes drone bill limiting surveillance

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The House Criminal Justice Subcommittee passed a bill that would limit the use of drones for surveillance throughout the state.

A bill passed two years ago was a first step in targeting the burgeoning technology and limited use of drones by law enforcement to gather evidence or intel and required a warrant.

This bill would build on that foundation by banning any person, state agency or political subdivision from recording any “image of privately owned or occupied real property or of the owner, tenant, or occupant of such property with the intent to conduct surveillance on the individual or property captured in the image in violation of such person’s reasonable expectation of privacy without his or her written consent.”

Under the bill the definition of image is clearly defined to cover all the bases. It includes “thermal, infrared, ultraviolet, visible light, or other electromagnetic waves; sound waves; odors; or other physical phenomena which captures conditions existing on or about real property or an individual located on that property.”

The bill is intended to protect Floridians’ privacy rights. Only one person spoke against the bill – outspoken lobbyist Brian Pitts. He questioned whether the bill was overstepping and putting people at risk of undue persecution. He said the bill text did not clearly define a need.

Pitts spoke against every other bill debated prior to the drone bill as well.

Bill sponsor Larry Metz, during closing bill debate, answered Pitts, arguing the bill is needed to keep people from being able to photograph and record private property and people without their knowledge or consent.

Drones have become widely available on the private market, even at low price points. The innovation and technology store Brookstone sells a drone that can be piloted with an iPhone or iPad.

The bill is seen by privacy advocates as a win on the federal level as well. While it is only applicable in Florida, it would create hurdles for federal agencies conducting surveillance missions in the Sunshine State.

An identical companion bill was filed in the Senate by Dorothy Hukill. That bill has already passed the Community Affairs Committee and is now in the Senate Judiciary Committee.

Janelle Irwin has been a professional journalist covering local news and politics in the Tampa Bay area since 2003. She also hosts a weekly political talk show on WMNF Community radio. Janelle formerly served as the sole staff reporter for WMNF News and previously covered news for Patch.com and various local neighborhood newsletters. Her work has been featured in the New York Daily News, Free Speech Radio News and Florida Public Radio and she's been interviewed by radio stations across the nation for her coverage of the 2012 Republican National Convention. Janelle is a diehard news junkie who isn't afraid to take on big names in local politics including Tampa Mayor Bob Buckhorn, the dirty business of trash and recycling in St. Pete and the ongoing Pier debacle. Her work as a reporter and radio host has earned her two WMNF awards including News Volunteer of the Year and Public Affairs Volunteer of the Year. Janelle is also the devoted mother to three brilliant and beautiful daughters who are a constant source of inspiration and occasional blogging fodder. To contact, email janelle@floridapolitics.com.

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