On July 1, 2021, Chapter 2021-165, Laws of Florida, went into effect due to legislation passed during the 2021 Legislative Session. This legislation included Section 934.50: Searches and seizure using a drone. This statute section requires the Florida Department of Management Services to develop minimum security standards, including a list of approved manufacturers, for governmental agency drone use. According to the Florida Department of Management Services (DMS), the intent of this legislation was to protect the confidentiality, integrity, and availability of data collected, transmitted, or stored by a drone, specifically with regard to the potential for subterfuge by foreign adversaries. 

A staff analysis specifically noted that the United States Army discontinued the use of drones manufactured by "Da Jiang Innovations (DJI), the world's largest supplier of drones, including all DJI drones and systems that use DJI components or software, after alleging in a memo that the company shared critical infrastructure and law enforcement data with the Chinese government. 

The statute provides the following definition of a drone: 

(a) "Drone" means a powered, aerial vehicle that:

1. Does not carry a human operator;

2. Uses aerodynamic forces to provide vehicle lift;

3. Can fly autonomously or be piloted remotely;

4. Can be expendable or recoverable; and

5. Can carry a lethal or nonlethal payload.

Although we are very aware of the concerns related to the use of outdoor autonomous and remotely operated unoccupied aircraft and the related matters of safety and privacy, we expect our micro-scale indoor drones were not the devices the legislature envisioned with this definition. Based on this definition and the fact that the stock aircraft used in our program are not designed to carry a payload, it was determined that our aircraft do not meet Florida's definition of a drone.

As a result of this legislation, DMS released a list of five drone manufacturers approved to be purchased or otherwise acquired and used by a governmental agency under section 934.50. These manufacturers were: 

• Skydio
• Parrot
• Altavian
• Teal Drones
• Vantage Robotics 

Based on this rule, the Florida Department of Education released a memo on January 9, 2023, stating:

"Both school districts and Florida College System institutions fall under the definition of "governmental agency" as defined by s. 934.50, F.S. As a reminder, January 1, 2023, is the date by which all governmental agencies, as defined by s. 934.50, F.S., must discontinue use of drones not produced by an approved manufacturer."

After this Florida Department of Education memo was released to our participating school districts, we received several messages voicing concern about continuing with the Drones in School program. At that point, we contacted the Florida Department of Management Services and engaged our partner, the Academy of Model Aeronautics, to provide additional feedback and encourage DMS to reconsider how this rule was implemented.

In addition to feedback from Drones in School and our partners, the Florida Department of Management Services received additional input from various stakeholders expressing concerns about the impact this rule will have on micro-scale indoor drones that were not the DJI and other networked aerial devices the legislature envisioned with this statute. 

Based on the feedback from these various stakeholders, Florida Department of Management Services has updated rule 60GG-2.0075 Unmanned Aerial Systems (UAS) Minimum Security Requirements. The new rule that took effect on April 5, 2023, changed the approved manufacture list to a set of Minimum Security Requirements equipment must meet to be approved for purchase by government entities in Florida. The requirements are also tiered to allow educational entities more flexibility when using drones for instructional purposes.

This new rule states: "A Drone used by a School exclusively as Instructional Technology shall be classified as Tier One Drone use." For Tier One drones, the following requirements must be met. 

• A Governmental Agency may not purchase, acquire, or otherwise use a Drone or any related services or equipment produced by a manufacturer domiciled in, or produced by a manufacturer the Governmental Agency reasonably believes to be owned or controlled (in whole or in part) by, a Foreign Country of Concern. 
• Our current team startup package is manufactured by Emax USA, incorporated and headquartered in California, USA. Therefore, meeting the requirement of not domiciled, owned, or controlled (in whole or in part) by a Foreign Country of Concern.
  

• Standard Precautions.
• Our current team startup package, the Tinyhawk series from Emax USA, has no network connectivity, so this standard is met. 

According to the Florida Department of Management Services Rule 60GG-2.0075, the current Drones in School Team Startup Package manufactured by Emax USA, which is domiciled, incorporated, and headquartered in California, USA, meets the Tier 1 Minimum Security Requirements for drones used as instructional technology purposes and is permitted for this purpose in the State of Florida.

We maintain the position that based on Florida's definition of a drone and the fact that the stock aircraft used in our program are not designed to carry a payload, our aircraft do not meet Florida's definition of a drone. However, with the release of D.M.S. Rule 60GG-2.0075, we are completely confident that Florida schools can continue participating in the Drones in School program in compliance with Florida's legal requirements.

If you or your administrative team have questions about this rule and how it applies to using drone technology in your classroom, please feel free to reach out via email to: info@dronesinschool.com 

You can read the full updated rule here: www.flrules.org/gateway/ruleNo.asp?id=60GG-2.0075