Drone Crimes in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Drone Over a Critical Infrastructure Facility

What the State must prove (s. 330.41(4)(a); Fla. Std. Jury Instr. (Crim.) 12.13, Elements):

1. You knowingly or willfully did at least one of these:

- operated a drone over a critical infrastructure facility;

- allowed a drone to make contact with the facility, or with any person or object on its premises; or

- allowed a drone to come close enough to the facility to interfere with its operations or cause a disturbance.

1. At the time, you knew the place was that type of facility.

What counts. The list includes power plants and substations; water and wastewater plants; chemical, gas and propane facilities; refineries; communications towers; seaports listed in state law (which count even without a fence or sign); inland freight ports; airports; spaceport territory; military installations and armories; dams and floodgates; state prisons, county jails, and juvenile detention or residential facilities. Most count only if fenced or clearly posted against entry.

Exceptions in the statute include operation for a commercial purpose that is authorized by and complies with FAA regulations, government and law enforcement use as the law allows, and the facility's owner, operator, or occupant, or someone with their prior written consent. The jury instruction notes that courts may treat these exceptions as affirmative defenses.

Penalty: third-degree felony, up to 5 years and a $5,000 fine. Before October 1, 2025, this was a second-degree misdemeanor (first-degree for a repeat violation). The date of the flight matters.

Is this law still in force? Yes. The statute says this critical infrastructure provision ends 60 days after a federal FAA process under section 2209 of the FAA Extension, Safety, and Security Act of 2016 takes effect. As of October 2026, the FAA had only proposed that process; it was not final.

Armed Drones

What the State must prove (s. 330.411(2); Instr. 10.22, Elements):

1. You knowingly or willfully possessed or operated a drone or drone system.
2. It had a weapon, firearm, explosive, destructive device, or ammunition attached.
3. You knew it was attached.

To prove possession, the State must show you knew the drone existed and intentionally controlled it. Being near it is not enough without more. Possession can be shared.

Penalty: third-degree felony, for conduct on or after October 1, 2025, when this penalty took effect. Two related crimes in the same statute, also in effect since that date: altering a drone's hardware or software to defeat FAA remote identification, or possessing or flying one so altered, for purposes of violating the critical infrastructure law, is a third-degree felony; carrying a weapon of mass destruction or a hoax weapon of mass destruction without lawful authority is a first-degree felony.

Other Florida Drone Crimes

• Over a school (pre-K through 12th grade): second-degree misdemeanor; first-degree for a repeat. Recording video makes it a first-degree misdemeanor, and a repeat with video is a third-degree felony.
• Over agricultural lands: second-degree misdemeanor; first-degree for a repeat.
• Contact with private property, state wildlife lands, or a shooting range, with intent to harass: second-degree misdemeanor; first-degree for a repeat; with video, first-degree misdemeanor, and a repeat with video is a third-degree felony.

Common Miami Situations

• Filming sunset footage near PortMiami.
• A hobby flight near MIA or another airport.
• A drone that strays over a jail or a substation.

Defense Themes

• Did you know what the facility was? That is an element.
• Was it fenced or posted? Most facilities qualify only if they are.
• Over it, touching it, or near it? Each is different, and "near" requires interference or a disturbance.
• Commercial FAA-compliant operation is an exception.
• The date. Flights before October 1, 2025 carry the old misdemeanor penalty.

What to Do First

1. Do not delete flight logs or footage; they may show where you actually flew.
2. Keep your FAA registration, Part 107 certificate, and any waivers or authorizations.
3. Do not give a statement to police or facility security without a lawyer.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

Is flying a drone over the port or airport a felony in Florida?

Since October 1, 2025, knowingly or willfully flying over a critical infrastructure facility, including listed seaports and airports, is a third-degree felony, unless an exception applies.

I'm a licensed commercial drone pilot. Am I covered?

The statute exempts operation for a commercial purpose that is authorized by and complies with FAA regulations. Your paperwork matters.

My drone drifted near a substation. Is that a crime?

The State must prove you acted knowingly or willfully and knew what the facility was. "Near" requires interference or a disturbance.