Is Your City Thinking Of Using Drones for Code Enforcement
In a move raising eyebrows and sparking debate, several cities across Florida are turning to or looking to use drone technology to enforce municipal codes. This comes after the recent amendments to sections 934.50 and 330.41 of the Florida Statutes.
A New Era of Code Enforcement
Effective July 1, 2021, the revised statutes have expanded the authorized use of drones by police departments, governmental agencies, and owners/operators of critical infrastructure. This has allowed municipalities to use drones for various purposes, including code enforcement.
The new law allows governmental agencies to purchase drones only from a list of approved manufacturers who satisfy specific security standards. All agencies must discontinue using non-approved drones by January 1, 2023.
Privacy Concerns and Legal Implications
While this technological advancement could streamline code enforcement processes, it raises significant privacy and legal concerns. The use of drones for surveillance that invades residents’ privacy rights is a contentious issue.
At the heart of this debate is the Fourth Amendment, which safeguards citizens from unreasonable searches and seizures. In light of this, it’s crucial that code enforcement officers consult their local agency’s legal counsel before deploying a drone in a nuisance investigation.
Code enforcement cannot enter a backyard without the property owner’s permission. However, with a drone, they can fly over, skipping any consent or warrant.
Looking Ahead
As Florida cities navigate this new territory, they must balance the benefits of efficient code enforcement with the potential infringement on privacy rights. Using drones for code enforcement is a developing story that will continue to evolve as more cities adopt this technology and as case law catches up with the burgeoning drone industry.