Is the Beach Mosquito Control District a Florida political subdivision, and may it use its mosquito-control drone commercially?

Plain-English summary

The Beach Mosquito Control District in Bay County was applying to the FAA for a Certificate of Authorization to use an unmanned aircraft system (UAS) in mosquito control. The FAA required the Attorney General to affirm that the district was a Florida political subdivision and that the aircraft would not be used for a commercial purpose.

The AG addressed both points. The district was created as a special taxing district under the law in effect in 1952; §§ 189.012(6) and 1.01(8), Florida Statutes, place it within the state's definition of a political subdivision. Section 388.231(1) provides that equipment purchased for mosquito control with funds budgeted for arthropod control "shall not be used for any private purpose." The AG concluded that Florida law prohibits an aircraft owned by the district for mosquito control from being used for a commercial purpose.

The letter limits its scope: "This letter may not be understood to constitute comment on any other issue or matter. This declaration does not extend to the use of the equipment by any other agency."

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: What did the FAA ask Florida's AG to confirm for the district?
A: That the Beach Mosquito Control District was a political subdivision of the state and that its UAS would not be used for a commercial purpose. The letter addresses both points.

Q: Could the district lend its drone to a private contractor?
A: Section 388.231(1) prohibits using arthropod-control-budgeted equipment "for any private purpose." A loan to a private contractor for private work would conflict with that statute. The opinion expressly does not extend to use by other agencies, so any inter-agency loan would need a separate analysis.

Q: What if the drone was bought partly with non-mosquito-control funds?
A: The opinion does not address mixed funding. The statutory prohibition is keyed to equipment "paid for with funds budgeted for arthropod control."

Q: Did the AG approve the district's FAA application?
A: The letter provides the state-law assurance the FAA requested. It does not say whether the FAA issued a Certificate of Authorization.

Q: Does the AG's assurance cover another agency's use of the aircraft?
A: No. The letter says its declaration "does not extend to the use of the equipment by any other agency."

Background and statutory framework

The FAA sought an assurance on the district's status and on commercial use, citing 49 U.S.C. §§ 40102(a)(41) and 40125(a)(1). For the commercial-use point, the AG relied on Florida's § 388.231(1), which prohibits private use of equipment bought with arthropod-control funds.

The AG traced the district's creation to the 1952 mosquito-control statute and Bay County's voter-approved district, renamed in 1997. The letter then applied § 189.012(6)'s definition of "special district" and § 1.01(8)'s definition of "political subdivision."

Citations and references

Statutes:

• § 1.01, Fla. Stat. (Definitions)
• § 189.012, Fla. Stat. (Definitions)
• § 388.231, Fla. Stat. (Use of equipment and personnel)
• 49 U.S.C. § 40102 (Definitions)
• 49 U.S.C. § 40125 (Qualifications for public aircraft status)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/drone-certification
• Official print view: https://www.myfloridalegal.com/print/pdf/node/8040

Original opinion text

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." To assist in determining whether the District has satisfied this requirement, the FAA requires the Attorney General to affirm that the District is a "political subdivision" of the state and that the aircraft will not be used for a "commercial purpose."[1]

The Gulf Mosquito Control District was created in 1952. Section 390.02, Florida Statutes, at that time,[2] 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.

In addition, section 388.231(1), Florida Statutes, states:

"Equipment purchased for use in control of mosquitoes and other arthropods and paid for with funds budgeted for arthropod control shall not be used for any private purpose.…" (e.s.)

Accordingly, Florida law expressly prohibits an aircraft owned by the District for mosquito control to be used for a commercial purpose.

This letter constitutes the Florida Attorney General's assurance that the District is a political subdivision of the state and that a UAS owned by the District cannot be used for commercial purposes under Florida law. This letter may not be understood to constitute comment on any other issue or matter. This declaration does not extend to the use of the equipment by any other agency.

Sincerely,

Pam Bondi
Attorney General

PB/tebg

________________

[1] See 49 U.S.C. §§ 40102(a)(41) and 40125(a)(1).

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