Aerial shots have become a standard part of listing marketing, but not every agent or photographer understands the rules governing that footage. Before you hire someone to fly a drone over your next listing, here's what you actually need to know about drone laws in Florida, and why hiring a certified operator protects you as much as it protects the buyer's first impression.

You Need a Part 107 Certificate for Any Paid Drone Work

The Federal Aviation Administration draws a hard line between recreational and commercial drone flights. If a drone is in the air for any purpose connected to a real estate transaction; capturing exterior stills, an aerial video, or even a quick neighborhood overview; that flight counts as commercial. Commercial flights require the pilot to hold a Remote Pilot Certificate under FAA Part 107.

This applies no matter who's flying. An agent flying their own drone for their own listing still needs the certificate. So does a friend or family member helping out "as a favor," even if no money changes hands, because the footage is still being used to market a property for sale. The FAA also doesn't care how small or light the drone is: the popular idea that drones under 250 grams are exempt only applies to registration requirements, not to Part 107.

Getting certified involves passing a 60-question knowledge test covering airspace, weather, and flight regulations, then applying through the FAA's system and clearing a TSA background check. It's a real process, which is exactly why so many agents choose to outsource aerial work rather than get licensed themselves.

The Penalties Are Real, and They Add Up Fast

Flying commercially without a Part 107 certificate isn't a minor technicality — the FAA can issue civil penalties that run into the tens of thousands of dollars per violation, and each unlicensed flight can count separately. Beyond the fine itself, there's reputational risk for the brokerage and the agent if an uncertified pilot causes an incident during a shoot. If you're hiring a photographer for drone work, it's worth simply asking to see their certificate — you can also look up any pilot's certification status on the FAA's public airmen registry.

Basic Operating Rules Pilots Must Follow

Once certified, Part 107 pilots have to operate within a specific set of rules on every shoot:

Visual line of sight. The pilot must be able to see the drone at all times.
Altitude limits. Flights are capped at 400 feet above ground level, which is more than enough for even the largest residential listings. However, if a structure being shot is more than 400 feet above ground level, the drone can fly as high as that structure as long as they remain with 400 3D feet of that structure or obtain a waiver.
Daylight operations. Standard Part 107 flights run from 30 minutes before sunrise to 30 minutes after sunset. This is why true twilight aerial images are rare. Most "twilight" drone shots you see are composited from daytime aerials and ground-level dusk photography rather than shot live in low light.
No flying directly over uninvolved people. For a typical residential shoot, this usually just means staying aware of who's on the property during the flight.

Florida Adds Its Own Privacy Layer

On top of federal rules, Florida has its own drone statute: the Freedom from Unwarranted Surveillance Act (Fla. Stat. § 934.50). The most relevant piece for real estate media is the privacy protection it grants to property owners. It's unlawful to use a drone to surveil a person or their private property in a way that violates their reasonable expectation of privacy without written consent. Meaning if someone can't be seen from ground level in a place they're legally allowed to be, they're presumed to have a reasonable expectation of privacy even if a drone could see them from above.

For real estate photography, this mostly comes into play with neighboring properties. A professional pilot frames shots to capture the listing itself, not a detailed view into a neighbor's backyard or windows. It's also worth noting that Florida law preempts individual cities and counties from creating their own separate drone ordinances (Fla. Stat. § 330.41), so in most of the state (including Jacksonville) the governing rules are federal and state, not a patchwork of local ones.

Local Airspace Considerations in Northeast Florida

Jacksonville and the surrounding area have a few airspace quirks worth knowing about. Naval Air Station Jacksonville sits within restricted military airspace, and Jacksonville International Airport is surrounded by Class C controlled airspace, both of which require authorization before flying nearby. Most residential listings fall well outside these zones, but properties closer to the coast, the river, or the airport corridor sometimes need advance clearance through the FAA's LAANC system. A certified, experienced local pilot checks this before every shoot. It's a five-minute step that avoids delays or legal issues.

However, LAANC cannot be used to overrule 0 grids. A zero grid means that a drone may not operate even 1” above ground level and an Airspace Waiver is needed. Recently I had a clients property sitting inside one of these 0 grids. I informed them of the issue and additional requirements to get a drone approved. I informed them that due to how close it was to an airport, they likely wouldn’t approve the drone for more than 50’ above ground level. This client wanted to hire me specifically because I informed them of the rules and none of the other photographers they contacted did.

Why This Matters for Your Listings

None of this is meant to scare agents away from aerial photography! Quite the opposite. Drone imagery genuinely helps buyers understand a property's lot size, layout, and surroundings in a way ground-level photos can't. The point is that "my nephew has a drone" isn't a substitute for a licensed, insured professional who understands airspace rules, privacy law, and how to fly safely around a home while your clients, their neighbors, and the sale itself are all on the line.

When you book aerial work through a certified media provider, you're not just getting better footage. You're getting a shoot that's fully compliant with FAA and Florida law from takeoff to landing.

Have questions about what aerial coverage looks like for your next listing? Reach out and we'll walk you through what's possible for your property.