New Florida Law Forces Orlando To Drop Their Ordinance

[Syphon]

It was posted on here already but a new law went into place in July that bans all cities from creating their own ordinances on drone usage. This forced some cities, such as Orlando who made it near impossible to fly in their city for hobby or professional reasons, to repeal their ordinances.

In this, the city repealed it, but, did a lot of "it's not fair" and "that state is over stepping their rule" bellyaching.

What I find interesting is the entire thing about over stepping. If I recall, airspace is under the FAA control. The city over stepped by enacting ordinances over something they had no right to. The state stepped in, which honestly should have been the feds, but, the state stepped in and had them take a step back.

This article is pretty comical to read:
http://www.orlandosentinel.com/news...-orlando-rules-overturned-20170801-story.html

It does also talk about medical marijuana in that article, which is where Orlando over stepped the state where a vote made it legal to try and say it would stay illegal in their city... basically, Orlando law makers feel state and federal laws don't apply to them.

 

[Maxheadspace]

Cities don't really have independent authority, their authority is derivative of the State's authority. The State is granted police powers by the 10th Amendment.

 

[Mr. Salty]

Cities don't really have independent authority, their authority is derivative of the State's authority. The State is granted police powers by the 10th Amendment.

But if they're a home rule state they do have some independent authority.

 

[Robbyg]

So what happened on Aug 8th?
At the bottom of the the article they correct themselves and say the drone vote was not held yet but will be held on the 8th.

Rob

 

[Lapeer20m]

I haven't read the Orlando ordinance specifically, but the way the national parks and most other municipalities regulate drones does not attempt to control the airspace directly. Rather the rules tend to prohibit landing, takeoff, or operation of an unmanned vehicle whith in the city, park, etc. presumably these are within the authority of agencies outside the FAA.

A city cannot stop airplanes from flying over, but they apparently can prohibit an airport from being constructed.

 

[Maxheadspace]

But if they're a home rule state they do have some independent authority.

The catch is, the state can revoke or override any time it wants. It's the State's authority.

 

[Syphon]

I haven't read the Orlando ordinance specifically, but the way the national parks and most other municipalities regulate drones does not attempt to control the airspace directly. Rather the rules tend to prohibit landing, takeoff, or operation of an unmanned vehicle whith in the city, park, etc. presumably these are within the authority of agencies outside the FAA.

A city cannot stop airplanes from flying over, but they apparently can prohibit an airport from being constructed.

True, but that was not what their ordinance was stating. It was stating to fly anywhere in city limits, even taking off from your own private property, you would require a permit from them. Also, you could not fly within 500ft of a park. So if you lived next door to a park, you were not allowed to fly. They went beyond trying to control the space they owned (city parks) and were trying to impose rules on actual airspace.

I am sure they will come back with a new rule saying you can't take off or land in one of their parks, which they do have the right to make that rule, they just can't make rules on the airspace itself.

 

[topilot]

I am planning a family visit next month to the Reunion Resort in Orlando. I don't see any restricted areas near the resort on the DJI no fly zone map. It appears to be far away enough away from airports, etc. Does anyone know if the Orlando city ruling restricts flying in this area?