FL INFORMAL 2017-09-14

Is a Florida mosquito control district a political subdivision, and is its drone a public aircraft eligible for FAA Certificate of Authorization?

Short answer: Yes. The Lee County Mosquito Control District, an independent special district created by special act, is a political subdivision under § 1.01(8). Section 388.231(1) prohibits use of mosquito-control equipment for any private purpose, satisfying the FAA's public-aircraft, non-commercial-use requirement.

Disclaimer: This is an official Florida Attorney General certification letter. AG opinions are persuasive authority but not binding precedent.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 Lee County Mosquito Control District wanted to fly drones (Unmanned Aircraft Systems) for mosquito-control surveillance. The FAA grants a Certificate of Authorization to government operators if the aircraft qualifies as a "public aircraft" under 49 U.S.C. § 40102(a)(41)(C). To do that, the operator has to be a political subdivision of a state, and the aircraft cannot be used for "commercial" purposes (49 U.S.C. § 40125(b)).

The District asked the Florida AG to certify both elements of that test. The AG did:

Political subdivision. The District was originally created in 1957 (Chapters 57-1520 and 57-2059, Laws of Florida), and reauthorized in 1998 as an independent special district by Chapter 98-461. Section 189.012(6) defines a special district as "a unit of local government created for a special purpose…created by general law, special act, local ordinance, or by rule of the Governor and Cabinet." Section 1.01(8) defines "political subdivision" to include "all other districts in this state." So the District qualifies on both counts.
No commercial use. Section 388.231(1) of the Florida Statutes is categorical: "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." That state-law prohibition closes the loop for the FAA's commercial-purpose limit.

This was a routine certification letter, not a substantive AG opinion. The legal analysis is simple, and the practical use is to give the FAA the documentation it needs to issue the Certificate of Authorization.

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 is a Certificate of Authorization (COA)?
A: It's the FAA's authorization mechanism for government operators to fly Unmanned Aircraft Systems outside the standard Part 107 commercial drone framework. COA holders fly under "public aircraft" rules.

Q: What makes a Florida special district a "political subdivision"?
A: A special district created by special act is a political subdivision under § 1.01(8) of the Florida Statutes, which includes "all other districts in this state" within the definition of "political subdivision."

Q: Does Florida law allow mosquito control districts to use their drones for any commercial purpose?
A: No. Section 388.231(1) prohibits use of mosquito-control equipment for "any private purpose."

Q: Can other agencies use the District's drone?
A: The AG's letter explicitly does not extend its assurance to use of the equipment by any other agency. Each agency would need to satisfy the public-aircraft and non-commercial-use rules independently.

Q: Why did the FAA need this AG letter rather than relying on its own analysis?
A: The FAA's public-aircraft determination depends on state-law facts (whether the operator is a political subdivision, whether state law forbids commercial use). State AG letters are the standard documentation source.

Background and statutory framework

Florida's mosquito-control district structure comes from chapter 388 of the Florida Statutes. Section 388.021(1) authorizes the creation of taxing districts for arthropod control. Many districts, including Lee County's, originated in special acts in the 1950s-60s and were reauthorized as independent special districts in subsequent special-act revisions. The reauthorization brought them under chapter 189's uniform special-district framework.

The federal "public aircraft" framework in 49 U.S.C. § 40102(a)(41) and § 40125(b) is designed to keep public-agency aviation outside the FAA's commercial regulatory regime. State-law prohibitions on commercial use (like § 388.231(1)) make the FAA's job easier: the bar is mandatory, not discretionary.

Citations and references

State statutes and laws:
- § 388.021, Fla. Stat. (Mosquito control districts)
- § 388.231, Fla. Stat. (Equipment use)
- § 189.012, Fla. Stat. (Special-district definitions)
- § 1.01, Fla. Stat. (Definitions)
- Ch. 98-461, Laws of Fla. (Lee County Mosquito Control District reauthorization)

Federal statutes:
- 49 U.S.C. § 40102(a)(41)(C) (public aircraft)
- 49 U.S.C. § 40125(b) (commercial-purpose limitation)

Source

Landing page: https://www.myfloridalegal.com/ag-opinions/faa-drone-aircraft-mosquito-control-district-
Original PDF: https://www.myfloridalegal.com/print/pdf/node/8034

Original opinion text

September 14, 2017

Mr. Rick O'Neal

Aviation Manager

Lee County Mosquito Control District

15191 Homestead Road

Lehigh Acres, Florida 33971

Dear Mr. O'Neal:

As Aviation Manager of the Lee County Mosquito Control District, 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." See 49 U.S.C. §§ 40102(a)(41)(C) and 40125(b).

Under section 388.021(1), Florida Statutes, "any city, town, or county, or any portion or portions thereof…may be created into a special taxing district for the control of arthropods under" Chapter 388, Florida Statutes.

The Lee County Mosquito Control District was originally authorized in 1957 by Chapters 57-1520 and 57-2059, Laws of Florida. These and various additional acts pertaining to the District were repealed and replaced in 1998 pursuant to Chapter 98-461, Laws of Florida, a special act that continued the Lee County Mosquito Control District and, in section 1, designated it an independent special district.

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

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."

Under these provisions, the Lee County Mosquito Control District, being a special district created by special act, 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."

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 Lee County Mosquito Control District is a political subdivision of the state and that an Unmanned Aircraft System 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