brett8883
Well-Known Member
Again, here, while all you need is an ATC clearance to satisfy the FAA and federal law to operate on the key per Part 101 or 107, there may be local, county, or state laws which prohibit the use of UAS in certain areas. That's the only extra recourse I could recommend here. After that, the cop's contention is baseless.
Well I already did local above but as for State... ask and Google will grant thy wish
(Note: it states the Federal rules first but we don’t need these repeated so I didn’t)
Florida State Regulations
FDOT regulates airports, promotes their development, and protects the approaches to Florida’s aviation facilities by Florida Statute (F.S.). Independent of FDOT, UAS operator rules are provided in Chapter 330.41, 330.411, and 934.50, F.S., and regulate use, operation and law enforcement, civil, business, and personal uses, as well as the liabilities associated with them.
Specifically, Chapter 330.41(4)(a). F.S., provides the use of UAS for the following purposes:
- A person may not knowingly or willfully operate a drone over a critical infrastructure facility (330.41(4)(a)1, F.S.)
- A person may not knowingly or willfully allow a drone to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility (330.41(4)(a)2, F.S.)
- A person may not knowingly or willfully allow a drone to come within a distance of a critical infrastructure facility that is close enough to interfere with the operations of or cause a disturbance to the facility (330.41(4)(a)3, F.S.)
- A person may not possess or operate an unmanned aircraft or unmanned aircraft system with an attached weapon, firearm, explosive, destructive device, or ammunition
- Use of UAS by law enforcement to gather evidence or other information (934.50(3)(a), F.S.)
- Use of UAS to conduct surveillance of privately owned real property or the owner (934.50(3)(b), F.S.)
Additionally, under Chapter 934.50(4), F.S., UAS are allowed for the following uses:
- To counter a terrorist threat (934.50(4)(a), F.S.)
- Law enforcement activity with a warrant (934.50(4)(b), F.S.)
- For law enforcement in particular circumstances when swift action is needed (934.50(4)(c), F.S.)
- A business or profession may use a drone to conduct reasonable tasks within the scope of that business’ license (934.50(4)(d), F.S.)
- For property appraisals (934.50(4)(e), F.S.)
- To capture images of electric, water, or natural gas facilities (934.50(4)(f), F.S.)
- For aerial mapping in compliance with FAA regulations (934.50(4)(g), F.S.)
- To deliver cargo in compliance with FAA regulations (934.50(4)(h), F.S.)
- To capture images necessary for the safe operation or navigation of a UAS, when used for purposes allowed under federal and Florida law (934.50(4)(i), F.S.)
- By a communications service provider or a contractor for a communications service provider for routing, siting, installation, maintenance or inspection of facilities used to provide communications services (943.50(4)(i), F.S.)
Airport’s Responsibility
An airport is responsible for ensuring the safety of airport facilities and for managing airport lands, buildings, and infrastructure. Airports should understand the rules and regulations related to UAS operations at and in the vicinity of their airport and coordinate with the FAA and FDOT to ensure the safety of airport operations. Airports should notify local law enforcement and the FAA in the event of an unauthorized UAS is used in close proximity to the airport.
Local Law Enforcement’s Responsibility
Local law enforcement is responsible for enforcing the laws and regulations as they relate to UAS operations. If a UAS operator is suspected of breaking FAA regulations, local law enforcement agencies (LEA) are encouraged to follow D.R.O.N.E.- Direct Attention outward and upward, attempt to locate and identify individuals operating the drone (Look at windows/balconies/ roof tops).
- Report Incident to the FAA Regional Operations Center (ROC). Follow-up assistance can be obtained through FAA Law Enforcement Assistance Program Special Agents
- Observe the UAS and maintain visibility of the device, look for damage or injured individual.
- Notice features: Identify the type of device (fixed-wing/multi-rotor), its size, shape, color, payload, and activity of device
- Execute appropriate police action: Maintain a safe environment for general public and first responders. Conduct a field interview and document ALL details of the event per guidance provided by the FAA.
- Pilot’s Responsibility
Pilots are in charge of operating aircraft – including UAS - in a safe manner and are ultimately responsible for the route and operation of aircraft in the sky and on the ground. Pilots should understand the rules and regulations of UAS and report any improper use or operation. Please utilize the FAA’s “I Fly Safe” UAS safety checklist here.
Community Responsibility
The community should understand the rules and regulations regarding airports and aircraft. Knowing the roles and responsibilities of those involved in aviation (the FAA, the airports, airlines, pilots, etc.) and how to contact the appropriate entity will help ensure the safe and effective operations of UAS. Community members should know the locations of airports in their area and report any suspicious activity to the appropriate agencies.
The FDOT Airport Directory lists the owner, manager, and contact information for all public and private use facilities in Florida. The link to download the Directory as well as a map of Florida’s public use aviation facilities can be found here.
A map of Florida’s aviation facilities can be found at https://fdot.gov/aviation/facilitymap.shtm.