Should Process Servers Use Drones? A Practical Look at What’s Legal and What’s Smart
- Steve Navarrete
- 2 days ago
- 2 min read
Every few months someone in the industry asks the same question: “Can we just use a drone to scout properties or even serve papers?”
It sounds efficient. Fly over the house, confirm occupancy, drop the papers, maybe save a trip and personal interaction.
But the reality is a lot less exciting and a lot more legal.
First, the basics. In the U.S., you’re generally allowed to fly a drone over private property as long as you follow Federal Aviation Administration rules. Homeowners don’t own the airspace above their roof. So from an aviation standpoint, it’s usually legal.
Where things get tricky is privacy. State laws, including here in Florida, can restrict how you use a drone camera. Taking wide photos of a roofline or driveway is one thing. Hovering low and filming people in their backyard or peeking through windows is another. That’s where you can run into surveillance or privacy claims.
So what’s realistic?
Drones can help with:
Confirming property layout
Spotting gates or access issues
Verifying address numbers
Planning safer approaches on large or rural parcels
They are not good for:
Delivering papers
Replacing personal service
Watching occupants
Anything that looks like spying
Courts still want personal or legally approved service. A drone dropping papers on a porch won’t hold up.
For most urban and suburban serves, the old-school tools still win and are currently used by Miami PSPI, LLC: good skip tracing, GPS-stamped photos, and solid documentation.
One last thing to keep in mind, if you’re using a drone for anything tied to your business, it’s considered commercial use. That means you’ll need a Part 107 license from the FAA. Even something as simple as taking photos to support an affidavit counts. The good news is the process isn’t complicated, just a knowledge test and registration. If you’re going to use the tool professionally, it’s worth doing it the right way so your work holds up in court and you stay out of trouble.
Drones are interesting, but for everyday process serving, they’re more novelty than necessity. Use them carefully, and only when they actually solve a problem, not just because the tech exists.
Have a defendant or witness to locate and serve? Contact Miami PSPI today: https://www.miamipspi.com/contact-us
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