Legal Question in Consumer Law in Florida

Parks and Recreation

I build, fly, and sell park flyer R/C airplanes. These aircraft are 1 pound in weight and never exceed 60 mph and are powered by an electric driven propeller. I was testing one at a local park recently and a Polk County, Florida Parks and Recriation official approached me and told me that I was not permitted to fly in the park as it was a safety hazard. I had established a safe flying area over nobodies head in an area where there was no traffic of any kind. The only POSSIBLE safety issue was the playground with a few(I counted three) children playing in it no less than 150 feet behind me. As you can see in this video of the park area I never fly the aircraft behind my back, removing any possible safety risk that might occur. The field I was flying in(infront of me) is about the size of a football field.

I had been flying there for about 2 weeks when I was approached and told I could no longer fly there anymore, always without any kind of property or personal damage. It would be a terrible inconvenience to me to go to a different park due to the gas prices. So my question is. Does this guy have the right to tell me where I can and can't fly as long as I am safe about it?


Asked on 7/17/08, 7:45 pm

1 Answer from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Parks and Recreation

I would call the local parks department and get their written approval to fly the plane there. I wouldn't go into a lot of detail about the deputy. Just go and speak with the actual people that manage the park and get their approval.

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Answered on 7/17/08, 8:56 pm


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