Is a Florida county a 'public entity of the state' for purposes of a federal program like the FAA drone test-site selection?

Subject

County as public entity of state

Plain-English summary

This is not a typical question-and-answer opinion. It is a validation letter the Attorney General sent to the Federal Aviation Administration. The FAA had issued a Screening Information Request for selecting Unmanned Aircraft Systems (drone) test sites, and an applicant needed official confirmation that it was a "public entity of the State." The letter confirms that Hernando County qualifies.

The reasoning is short. Hernando County is a non-charter county and a political subdivision of Florida. The Florida Constitution, in Article VIII, section 1, says the state is divided into political subdivisions called counties. Section 1.01(8), Florida Statutes, defines "public body," "body politic," and "political subdivision" to include counties. So under Florida law, Hernando County is a local governmental entity and political subdivision of the state, which the AG concluded would let it qualify under the relevant paragraph of the FAA's screening request.

Currency note

This opinion was issued in 2013. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Is a Florida county a political subdivision of the state?
Yes. The letter relies on Article VIII, section 1 of the Florida Constitution, which provides that the state is divided into political subdivisions called counties, and on section 1.01(8), Florida Statutes, which lists counties among the bodies that count as a "public body," "body politic," or "political subdivision."

Why did the FAA need this confirmation?
The FAA's Screening Information Request for drone test-site selection required an applicant to be a public entity of the state. The letter served as the Attorney General's official confirmation that Hernando County met that definition and could qualify for a certificate of authorization under the request.

Does this opinion analyze drone law itself?
No. The letter is limited to confirming the county's status as a Florida political subdivision and public entity. It does not address the substance of the drone test-site program beyond noting the county fits the program's public-entity definition.

Background and statutory framework

The letter rests on two sources. Article VIII, section 1 of the Florida Constitution establishes counties as the state's political subdivisions, created, abolished, or changed by law. Section 1.01(8), Florida Statutes, supplies the statutory definition: the terms "public body," "body politic," and "political subdivision" include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in the state.

Read together, these provisions place a county squarely within the category of state public entities, which is all the FAA's screening request required for eligibility.

Citations

• Article VIII, section 1, Florida Constitution (counties as political subdivisions)
• section 1.01(8), Florida Statutes (definition of "public body," "body politic," "political subdivision")

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/county-as-public-entity-of-state
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8114

Original opinion text

Federal Aviation Administration

490 L'Enfant Plaza

Suite 3200

Washington, DC 20024

Subject: Public Entity Validation

Reference: FAA Unmanned Aircraft Systems Test Site Selection – Screening Information Request (SIR) DTFACT-13-R-00002, dated February 14, 2013

To whom it may concern:

This letter serves as the official confirmation by Florida's Attorney General that Hernando County qualifies as a public entity of the State.

Hernando County is a non-charter county and political subdivision of the State of Florida. The Florida Constitution recognizes counties as political subdivisions of the state in Article VIII, section 1, which states:

"(a) POLITICAL SUBDIVISIONS. The state shall be divided by law into political subdivisions called counties. Counties may be created, abolished or changed by law, with provision for payment or apportionment of the public debt."

Further, as set forth in section 1.01(8), Florida Statutes, pursuant to Florida law:

"The words 'public body,' 'body politic,' or 'political subdivision' include counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."

Thus, a Florida county, such as Hernando County, would appear to fall within the scope of the definition contained in paragraph 9.2.2.2 of the above referenced FAA SIR and would have the ability to qualify for a certificate of authorization as provided therein. In sum, under Florida law, Hernando County is considered to be a local governmental entity and political subdivision of this state.

Sincerely,

Pam Bondi

Attorney General

PB/tgh