Is a Florida mosquito control district a 'political subdivision' for purposes of the FAA's public-aircraft rule when it applies for a UAS certificate of authorization?

Plain-English summary

The Beach Mosquito Control District in Bay County wanted to use a drone for aerial mosquito-control operations. To get an FAA Certificate of Authorization for an unmanned aircraft system (UAS), the district had to qualify as a "public aircraft" operator. Under 49 U.S.C. § 40102(a)(41)(C), public aircraft include those "owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments." The district's director asked the Florida Attorney General for the affirmation the FAA required.

The AG confirmed it. The reasoning chain was:

1. The Gulf Mosquito Control District (renamed Beach Mosquito Control District in 1997) was created in 1952 under § 390.02, Florida Statutes, as it then existed. The statute authorized "special taxing districts to be known as mosquito control districts" formed within county territory by board resolution and voter approval.
2. Section 189.012(6), Florida Statutes, defines a "special district" as a unit of local government created for a special purpose with limited geographic jurisdiction, established by general law, special act, local ordinance, or rule of the Governor and Cabinet.
3. Section 1.01(8), Florida Statutes, includes within the terms "public body," "body politic," and "political subdivision" all "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."

Together, those statutes treat the Beach Mosquito Control District as a political subdivision of Florida, satisfying the federal definition.

The letter is narrowly scoped. It "may not be understood to constitute comment on any other issue or matter" and is keyed only to the political-subdivision question the FAA posed.

Currency note

This opinion was issued in 2017. 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

Q: Why did the FAA need an AG letter?
A: The opinion says the FAA required the Attorney General to affirm that the district was a political subdivision of Florida, one of the government categories in the federal "public aircraft" definition.

Q: Did the AG opinion settle whether the district could use the drone for non-mosquito-control work?
A: No. The letter only confirmed political-subdivision status and says it "may not be understood to constitute comment on any other issue or matter."

Q: Is every special district in Florida automatically a political subdivision?
A: The opinion quotes § 1.01(8)'s inclusion of "all other districts in this state," then applies it to the Beach Mosquito Control District. It does not analyze another district.

Q: What if the district later changes its name or governance?
A: The opinion says Bay County renamed the Gulf Mosquito Control District to the Beach Mosquito Control District by Resolution 97-1 in 1997. It concluded that the renamed district was a political subdivision; it did not address a later change in governance.

Q: Did the FAA defer to the AG's letter?
A: The letter provides the Attorney General's "assurance" that the district is a political subdivision. It does not report an FAA decision on the district's application.

Background and statutory framework

The Gulf Mosquito Control District was created in 1952. The Bay County board of county commissioners passed a resolution that August to call a special election, and voters approved the district two months later. In 1997, the board renamed it the Beach Mosquito Control District by Resolution 97-1.

Section 189.012(6), Florida Statutes, defines a "special district" as a unit of local government created for a special purpose. Section 1.01(8) includes "all other districts in this state" in its definition of "political subdivision." The AG applied those provisions to the Beach Mosquito Control District, which Bay County created under the mosquito-control law then in Chapter 390. A footnote says mosquito control districts are now the subject of Ch. 388.

The federal "public aircraft" definition in 49 U.S.C. § 40102(a)(41) includes an aircraft owned and operated by a state or one of its political subdivisions. The district sought an FAA Certificate of Authorization for an unmanned aircraft system to assist with mosquito control. The Attorney General's letter addresses the district's status as a political subdivision for that purpose.

Citations and references

Statutes:

• § 1.01, Fla. Stat. (Definitions)
• § 189.012, Fla. Stat. (special district definition)
• Ch. 388, Fla. Stat. (mosquito control districts)
• 49 U.S.C. § 40102 (Definitions)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/drone-certification-2
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8041

Original opinion text

May 5, 2017

Director James F. Clauson
Beach Mosquito Control District
1016 Cox Grade Road
Panama City Beach, Florida 32407

Dear Mr. Clauson:

As Director of the Beach Mosquito Control District in Bay County, you have advised this office that the District is in the process of applying to the Federal Aviation Administration (FAA) for a Certificate of Authorization to permit use of an Unmanned Aircraft System (UAS) for various aerial operations to assist in the control of diseases spread by mosquitos. The FAA permits such use if, among other things, the UAS in question is a "public aircraft."

Under 49 U.S.C. § 40102(a)(41), "public aircraft" includes: "(C) An aircraft owned and operated by the government of a State, the District of Columbia, or a territory or possession of the United States or a political subdivision of one of these governments[.]" (eels) To assist in determining whether the District has satisfied this provision, the FAA requires the Attorney General to affirm that the District is a "political subdivision" of the state.

The Gulf Mosquito Control District was created in 1952. Section 390.02, Florida Statutes, at that time,[1] provided:

"Special taxing districts to be known as mosquito control districts may be created from all or any part of the territory of any county in this state in the manner provided by this chapter." (e.s.)

Following the procedure outlined in Chapter 390, the Bay County Board of County Commissioners adopted a resolution in August 1952 calling for a special election to seek voter approval for creating a mosquito control district in Bay County. The election was conducted two months later, wherein the voters authorized the creation of the Gulf Mosquito Control District. In 1997, the Board of County Commissioners changed the name of the District by Resolution 97-1 to Beach Mosquito Control District.

Section 189.012(6), Florida Statutes, defines a "special district" as follows:

"'Special district' means a unit of local government created for a special purpose, as opposed to a general purpose, which has jurisdiction to operate within a limited geographic boundary and is created by general law, special act, local ordinance, or by rule of the Governor and Cabinet." (e.s.)

Section 1.01(8), Florida Statutes, provides:

"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." (e.s.)

In sum, the Beach Mosquito Control District, being a special taxing district created by Bay County pursuant to general law, is a unit of local government and a political subdivision of the State of Florida.

This letter constitutes the Florida Attorney General's assurance that the District is a political subdivision of the state and may not be understood to constitute comment on any other issue or matter.

Sincerely,

Pam Bondi
Attorney General

PB/tebg

________________

[1] Mosquito Control Districts are now the subject of Ch. 388, Fla. Stat.