Florida Aviation & Drone Law Attorneys

Drone law in the United States draws a fundamental distinction between recreational and commercial drone use, and the rules that apply depend entirely on which category you fall into.

Recreational operations: flying for fun, for hobby purposes, or for recreational purposes, are governed by the exception for limited recreational operations of unmanned aircraft under federal law. Recreational operations of unmanned aircraft must meet specific requirements: the drone must be flown within visual line of sight, the pilot must pass the recreational UAS safety test (TRUST), anyone flying recreationally must fly within FAA-designated areas or obtain FAA authorization for controlled airspace, and the drone must be registered with the FAA if it weighs more than 0.55 pounds. If you simply want to fly for fun, these are the rules that govern you, no drone license or Part 107 certificate is required, but you still must follow the rules. To fly your drone legally, even for recreation, registration and safety testing apply.

Commercial drone use: any drone operation that is not purely recreational, including photography, inspection, surveying, real estate, journalism, or any drone business activity, is governed by Part 107 of the Code of Federal Regulations (14 CFR Part 107). Under Part 107, anyone flying commercially must hold a remote pilot certificate from the FAA, comply with specific drone rules regarding airspace, altitude, and line of sight, and meet all FAA requirements for their specific operation.

Part 107 is the primary FAA regulatory framework for commercial drone operations. To fly under Part 107, a drone pilot must obtain a remote pilot certificate by passing the FAA aeronautical knowledge exam. The remote pilot in command (the person operating a civil small unmanned aircraft system) is responsible for ensuring the drone operation complies with all applicable regulations. The flight of the small unmanned aircraft must remain under the direct control of the flight controls of the small UAS at all times, and the remote pilot must maintain visual line of sight with the aircraft throughout the entire flight, and ensuring the small unmanned aircraft may fly safely within the national airspace system. The drone must remain within visual line of sight for the entire flight in order to comply with standard Part 107 rules.

A remote pilot certificate from the FAA is required for any person manipulating the flight controls of a small unmanned aircraft for commercial purposes. Each drone requires its operator to maintain visual line of sight, meaning the pilot must be able to see the drone throughout flight. Drone flying that occurs beyond visual line of sight or at night requires a Part 107 waiver. Without it, commercial drone use is unlawful, and the FAA has issued significant civil penalties to drone operators who fail to comply.

Under FAA regulations, anyone who owns an unmanned aircraft weighing less than 55 pounds but more than 0.55 pounds must register your drone with the FAA before flying it outdoors in the United States. FAA registration applies to both recreational and commercial operators. Failure to register your drone with the FAA before flight is a federal violation.

You must register your drone with the FAA through the FAA DroneZone portal. The FAA drone registration requirement applies to all drone pilots, whether you’re flying for fun or operating a drone business. Each drone if it weighs over the threshold requires its own registration, and the registration number must be displayed on the aircraft.

The national airspace system is governed by federal law, and the FAA has exclusive authority to regulate the airspace over the United States. Drone pilots must understand which class of airspace they’re operating in, particularly near airports and controlled airspace like Class B, Class C, and Class D areas, and obtain the appropriate FAA authorization before flying.

Flight restrictions also apply near national security areas, sporting events, emergency response areas, and other designated no-fly zones. The FAA’s B4UFLY app and the Low Altitude Authorization and Notification Capability (LAANC) system help drone operators identify flight restrictions and request FAA authorization for flights in controlled airspace.

Flying without FAA authorization in restricted airspace, or flying a drone within prohibited areas, can result in civil penalties, certificate suspension, and in some cases criminal charges. A drone pilot who operates a civil small unmanned aircraft system without authorization from the FAA faces serious consequences.

While federal FAA regulations preempt most state and local efforts to regulate drone use in the airspace, state and local governments retain authority over certain aspects of drone use, including privacy, trespass, and operations on state-owned land. Drone laws by state vary significantly, and Florida has enacted specific laws governing drone surveillance and the use of drones by law enforcement.

Local drone ordinances may also restrict drone flight in parks, beaches, and other public areas. Understanding whether a state’s laws or local ordinance is preempted by federal FAA authority, or whether it falls into a category where drone operators must meet one of these requirements under those state’s laws (or whether it falls within an area states are permitted to regulate) is a nuanced legal question. We advise drone operators on compliance with both federal drone law and applicable state and local regulations.

New drone laws continue to emerge at the federal, state, and local level. The FAA has expanded its drone regulation significantly in recent years, including Remote ID requirements that mandate most drones broadcast identification and location information during flight. These rules for commercial and recreational operators add additional rules that drone pilots must follow the rules on or face enforcement action.

Rules for commercial drone operators are particularly detailed and continue to evolve. Staying current with FAA regulations, understanding when your drone operation meets the requirements for a waiver or exemption, and knowing how to respond when the FAA takes enforcement action all require ongoing legal attention.

Commercial drone use raises a range of legal issues beyond FAA compliance. A drone business that operates regularly faces potential liability for property damage, personal injury from a falling small unmanned aircraft, and privacy violations. Anyone flying drones commercially should understand their exposure and take steps to protect against it.

Drone use on private property, surveillance with a drone, and use your drone to photograph or record individuals without consent can all give rise to civil claims under Florida law. A person may continue flight over private property as long as FAA rules are followed, but property rights and privacy rights still apply at lower altitudes in certain circumstances. Property in the event of a drone crash may also be subject to liability claims. The future of aviation will be shaped by how well these tensions between federal airspace authority and private rights are resolved. We handle the full range of drone liability matters, from defending drone operators facing claims to pursuing claims on behalf of people harmed by irresponsible drone use.

Peace Through Strength Podcast: Who Is Responsible for Protecting America’s Skies? American Security Council Foundation, August 19, 2026. Host Laurence F. Sanford with guests Alexander Penalta, J.D., and Dr. Joseph A. Finley, Jr., Ph.D., CPP, ATAP. Discussion of legal authority and limits when drones operate near military installations, critical infrastructure, and other sensitive sites, including Space Coast concerns.

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Related article: Spies on the Space Coast

Alexander Penalta, Esq., Chief Litigation Attorney and Counselor at Law, is an FAA Private Pilot with pilot-in-command (PIC) experience in Cessna 152, Cessna 172, Cessna 172XP, Piper Warrior, and Robinson R22 aircraft. His aviation background also includes flight experience in Extra 300 aerobatic aircraft, WWII trainers, open-cockpit biplanes, and gliders, as well as civilian air combat maneuvering (ACM) training and experience.

That hands-on flight background informs practice-focused aviation counseling for Florida clients (Part 107 and manned issues alike) without substituting for case-specific investigation. Results vary. No guarantees. Licensed in Florida and Washington, D.C.

In 2010, Alexander Penalta served with the United States Naval Academy Professional Development Program, Offshore Sailing Training Squadron (OSTS), in Annapolis, Maryland, in Training Officer and Commanding Officer/Executive Officer in Training roles aboard Navy 44s. This was offshore sailing training leadership within the Academy’s professional development program.

Documented Navy-related background includes:

• National Defense Medal, Operation Desert Shield / Desert Storm
• Military Intern / Prosecutor, NAS Mayport, Florida, 1991
• USS Saratoga (CV-60) Carrier Pilot Qualifications Cruise, Caribbean Sea, 1991
• Officer Indoctrination School, NETC Newport, Rhode Island, 1990

These experiences inform disciplined, litigation-ready counseling; they are not outcome guarantees.