Can a Florida mosquito control district's drone qualify as an FAA public aircraft, and can the district use it for any commercial purpose?
Plain-English summary
This is the second AG letter to the Beach Mosquito Control District in Bay County about its FAA Certificate of Authorization for an unmanned aircraft system (UAS). The first letter (May 5, 2017) confirmed only the district's status as a Florida political subdivision. The FAA also requires the AG to address the federal "commercial purpose" prong under 49 U.S.C. § 40125(a)(1) before issuing a public-aircraft COA.
This letter does both. It repeats the political-subdivision analysis (§§ 390.02 (1952), 189.012(6), and 1.01(8) of the Florida Statutes), then adds the federal-law-tied conclusion: under § 388.231(1), Florida Statutes, "[e]quipment 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." That state-law prohibition supports the FAA's commercial-purpose certification: a drone bought with mosquito-control funds cannot, by Florida law, be used for commercial purposes.
The letter is again narrowly scoped: "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: How is this letter different from the May 5, 2017 drone-certification letter?
A: The earlier letter only confirmed the district's status as a Florida political subdivision. This one adds the commercial-purpose prong required by 49 U.S.C. § 40125(a)(1), tying it to § 388.231(1)'s ban on private use of mosquito-control equipment.
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: Does this opinion bind the FAA?
A: No. State AG letters are state-law assurances submitted into the FAA's COA process. The FAA makes its own determination, but federal regulations look to state law for the political-subdivision and commercial-use questions.
Q: Why two opinions on essentially the same drone in the same month?
A: The first letter satisfied the public-aircraft definition; the second covered the commercial-purpose certification. The FAA's COA process can require both to be addressed separately, especially when the operator's authorizing statute (here § 388.231(1)) supplies the commercial-purpose prohibition independent of the public-aircraft definition.
Background and statutory framework
The federal public-aircraft framework has two prongs that this letter answers in sequence. Section 40102(a)(41)(C) requires "owned and operated" by a state or political subdivision. Section 40125(a)(1) layers in a commercial-purpose limit: the aircraft cannot be used "for the purpose of transporting persons or property for commercial purposes." Florida's § 388.231(1) effectively codifies the same restriction at the state-law level for mosquito-control districts: equipment cannot be used for "any private purpose."
The political-subdivision analysis traces the same statutory chain as the May 5 letter: the 1952 enabling statute (then § 390.02), the 1952 voter approval and 1997 rename in Bay County, § 189.012(6)'s definition of "special district," and § 1.01(8)'s sweep of "political subdivision."
The opinion also illustrates why Florida AG opinions are often issued in pairs or trios when the federal authorizing process has multiple state-law touchpoints. Each letter is anchored to a specific federal regulatory question and disclaims comment on anything else.
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
- Original PDF: https://www.myfloridalegal.com/print/pdf/node/8040
Original opinion text
May 23, 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." 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.