The statute is section 934.50, Florida Statutes, and is entitled the “Freedom from Unwarranted Surveillance Act.” Here’s a link to the statute.
Statutes & Constitution :View Statutes : Online Sunshine
Most of it regulates use of drones by law enforcement or other governmental actors. However, it does forbid “persons”from recording images with the intent of “conducting surveillance” as follows:
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A person, a state agency, or a political subdivision as defined in s.
11.45 may not use a drone equipped with an imaging device to record an image of privately owned real property or of the owner, tenant, occupant, invitee, or licensee 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. For purposes of this section, a person is presumed to have a reasonable expectation of privacy on his or her privately owned real property if he or she is not observable by persons located at ground level in a place where they have a legal right to be, regardless of whether he or she is observable from the air with the use of a drone.” S. 934.50(3)(b), F.S. (emphasis supplied)
The statute defines “surveillance” as:
“1. With respect to an owner, tenant, occupant, invitee, or licensee of privately owned real property, the observation of such persons with sufficient visual clarity to be able to obtain information about their identity, habits, conduct, movements, or whereabouts; or
2. With respect to privately owned real property, the observation of such property’s physical improvements with sufficient visual clarity to be able to determine unique identifying features or its occupancy by one or more persons.” S. 934.50(2)(e) 1. and 2., F.S.
The statute does not provide a criminal penalty for its violation; rather, it allows individuals to bring civil actions for compensatory damages and injunctive relief, and in certain circumstances, punitive damages. It also provides that the prevailing party in such an action is entitled to attorney’s fees. See S. 934.50(5)(b), (c) and (d), F.S.