FL INFORMAL 2017-05-05

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?

Short answer: The AG concluded that the Beach Mosquito Control District, a special taxing district created under Florida law, was a 'political subdivision' of Florida for purposes of 49 U.S.C. § 40102(a)(41), supporting an FAA Certificate of Authorization for the District's unmanned aircraft system.

Disclaimer: This is an official Florida Attorney General opinion. AG opinions are persuasive authority but not binding precedent. This summary is for informational purposes only and is not legal advice. Consult a licensed Florida attorney for advice on your specific situation.

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 FAA asked the Florida Attorney General to confirm that the district was a Florida political subdivision.

The AG confirmed it. The reasoning chain was:

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.
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.
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 at all?
A: The federal "public aircraft" definition turns on whether the aircraft is owned and operated by a government entity. Special-purpose local districts can be ambiguous, so the FAA's UAS certificate of authorization process asks the state AG to make the political-subdivision determination under state law.

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. A separate, later AG letter (May 23, 2017, the second drone-certification opinion in this series) addressed the commercial-use restriction in § 388.231(1), which prohibits using mosquito-control-budgeted equipment for "any private purpose."

Q: Is every special district in Florida automatically a political subdivision?
A: § 1.01(8)'s definition is broad and reaches "all other districts in this state." But the AG opinion is district-specific, and it relies on the particular statutory framework that created the district at issue. Other districts should still verify their own statutory pedigree.

Q: What if the district later changes its name or governance?
A: The opinion noted Bay County renamed the Gulf Mosquito Control District to the Beach Mosquito Control District by Resolution 97-1 in 1997, and that the underlying statutory authorization had moved from Chapter 390 to Chapter 388. The political-subdivision status survived the rename and the recodification because the entity remained the same special taxing district.

Q: Did the FAA defer to the AG's letter?
A: The letter was offered as an "assurance" to satisfy the FAA's certificate-of-authorization process. The FAA makes its own UAS decisions, but a state AG's confirmation that the entity is a political subdivision is the state-law input the FAA needs.

Background and statutory framework

Florida's mosquito control districts began as a 1952 effort to consolidate the public-health response to mosquito-borne disease at a sub-county scale, supported by special taxing authority. The Bay County board of county commissioners passed a resolution in August 1952 to call a special election. Voters approved creation of the Gulf Mosquito Control District in October 1952. In 1997, the board renamed it the Beach Mosquito Control District by Resolution 97-1.

Florida's "political subdivision" definition is intentionally broad. Section 1.01(8) sweeps in counties, cities, towns, villages, school districts, road and bridge districts, and "all other districts in this state." That breadth was designed to ensure that special-purpose units of local government inherit the legal characteristics of more general units (sovereign immunity defaults, public-records reach, public-aircraft eligibility, and so on) without separate enabling clauses.

The federal "public aircraft" rule under 49 U.S.C. § 40102(a)(41) lets state and local government aircraft operate under different (and generally more flexible) rules than commercial or private aircraft, including for COA-authorized UAS use. For drones used in mosquito-control aerial operations (often near populated areas with restricted airspace overhead), the public-aircraft pathway can be the only practical route.

Citations and references

Statutes:
- § 1.01, Fla. Stat. (Definitions)
- § 189.012, Fla. Stat. (Definitions for Uniform Special District Accountability Act)
- Chapter 388, Fla. Stat. (Mosquito Control)
- 49 U.S.C. § 40102 (Definitions)

Source

Landing page: https://www.myfloridalegal.com/ag-opinions/drone-certification-2
Original PDF: 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[.]" (e.s.) 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.