Not so sure about claims you can trespass on a building site without consequences.
c) The offender commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the property trespassed is a construction site that is:
1. Greater than 1 acre in area and is legally posted and identified in substantially the following manner: “THIS AREA IS A DESIGNATED CONSTRUCTION SITE, AND ANYONE WHO TRESPASSES ON THIS PROPERTY COMMITS A FELONY.”; or
If you don't have the right to be on the posted building site you can be arrested. Technically, all the owners visiting their homes on the weekends are trespassing on a building site unless the Builder gave them permission to be on the site. Florida law is pretty clear (and strict) on this.
The Builder usually doesn't mind but if somebody is going into homes under construction and taking photos and publishing online examples of perceived "bad" building practices I bet the Builder is going to get involved pretty quickly. Keep in mind--until the building is sold to you it is somebody else's private property.
Private property owners make the rules--even when the business is open to the public. That is why Disney can deny you entry to Magic Kingdom if you have a drone, knife, can of beer or even a bluetooth speaker. Those are all legal items--but Disney owns the property and does not allow them.
If you are someplace you are not authorized to be you can be charged with trespass. If cops catch you inside the Home Depot at 2AM when the business is closed they are not going to wait for a manager to drive down to tell you to leave (and then afford you the opportunity to do so) before they arrest you.
When the cops chase a burglar, and he jumps fences into someone's backyard they can also stack charges of trespass for every fenced yard he/she jumped into. There is no "you have to be told to leave" defense. If the property owner wants to press the issue the culprit can be charged.
But the FAA has no dog in the building site fight. So long as you have permission to be on the private property (for launch and recovery), maintain line-of-sight of your UAV and abide by the rules you are legal to fly.
|