FL INFORMAL 2017-09-14

Is the Florida property appraiser a public entity for FAA Certificate of Authorization purposes?

Short answer: Yes. The Santa Rosa County Property Appraiser is a constitutional county officer (Art. VIII, § 1(d)). Acting in his official capacity, the property appraiser is part of Santa Rosa County, a political subdivision under Art. VIII, § 1. The county-owned drone, used for aerial mapping and not for hire, qualifies as a 'public aircraft' under 49 U.S.C. § 40102(a)(41)(C).

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 AG opinions are persuasive authority but not binding precedent.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 Santa Rosa County Property Appraiser wanted to fly a drone for aerial photography and mapping in support of property assessments. The FAA grants Certificates of Authorization for "public aircraft" under 49 U.S.C. § 40102(a)(41), which requires the operator to be a political subdivision of the state and the aircraft to not be used for commercial purposes.

The Property Appraiser made four representations: (1) the office owns the drone and intends to operate it as a public aircraft; (2) it will not be used to transport people or property for compensation or hire; (3) it will not carry persons other than crew; and (4) it will be used for aerial photography and mapping throughout Santa Rosa County.

The AG provided a short certification letter. Article VIII, § 1 of the Florida Constitution makes counties political subdivisions of the state. Article VIII, § 1(d) names the property appraiser as a constitutional county officer. Florida case law (Beard v. Hambrick, 396 So. 2d 708 (Fla. 1981); Payne v. Washington Cty., 6 So. 881 (1889)) treats county officers as part of the county itself when acting in their official capacity. So the Property Appraiser, when operating the drone in his official capacity, is acting as part of Santa Rosa County, a political subdivision. The drone, given the four representations, satisfies the federal "public aircraft" definition.

This is a routine certification letter. The work is constitutional and federal-statute lookup, not novel legal analysis. The opinion explicitly disclaims any comment beyond the FAA-COA question.

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 does the FAA need an AG letter for a property appraiser to fly a drone?
A: To issue a Certificate of Authorization, the FAA has to confirm the operator is a political subdivision of the state and that the aircraft will not be used for commercial purposes. Both are state-law facts. The AG letter is the standard form of documentation.

Q: Was a Florida property appraiser a "public entity"?
A: Yes. The property appraiser is a constitutional county officer under Art. VIII, § 1(d) of the Florida Constitution. Operating in his official capacity, the property appraiser acts as part of the county.

Q: What case law backed up that conclusion?
A: Beard v. Hambrick, 396 So. 2d 708 (Fla. 1981), held there is "no reasonable way to construe article VIII, section 1, other than to include sheriffs as well as other named county officers as part of a county." Payne v. Washington Cty. (1889) reached a similar conclusion for county tax collectors.

Q: What restrictions apply to drone operations under a public-aircraft COA?
A: The drone cannot be used to transport persons or property for compensation or hire, cannot carry persons other than crew or qualified non-crew, and cannot be used for commercial purposes within the meaning of 49 U.S.C. § 40125(b).

Q: Does the AG's letter cover other property appraisers' drones?
A: Each property appraiser would need its own letter, but the analysis would be the same. The constitutional and statutory lookup doesn't change county-by-county.

Background and statutory framework

The Florida Constitution organizes county government in Article VIII. Section 1 makes counties political subdivisions; section 1(d) names five constitutional county officers, sheriff, tax collector, property appraiser, supervisor of elections, and clerk of the circuit court: and prescribes their duties through general law. The Florida Supreme Court has repeatedly held these officers are part of the county for jurisdictional and structural purposes.

The federal "public aircraft" framework, in 49 U.S.C. § 40102(a)(41), defines 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" as public aircraft, with limits in § 40125(b) for commercial use. The COA process gives public operators a streamlined path to fly UAS without going through the standard Part 107 commercial drone framework.

Citations and references

Florida constitutional provisions:
- Art. VIII, § 1, Fla. Const. (Counties)

Federal statutes:
- 49 U.S.C. § 40102(a)(41) (public-aircraft definition)
- 49 U.S.C. § 40125(b) (commercial-purpose limitation)
- 14 C.F.R. § 1.1 (FAA definitions)

Cases:
- Beard v. Hambrick, 396 So. 2d 708 (Fla. 1981)
- Payne v. Washington Cty., 25 Fla. 798, 6 So. 881 (1889)

Source

Landing page: https://www.myfloridalegal.com/ag-opinions/faa-drone-aircraft-property-appraiser
Original PDF: https://www.myfloridalegal.com/print/pdf/node/8033

Original opinion text

September 14, 2017

Federal Aviation Administration

Scott J. Gardner

Acting Air Traffic Manager

Unmanned Aircraft Tactical Operations (AJV-115)

490 L'Enfant Plaza, SW, Suite 7105

Washington, DC 20024

Dear Mr. Gardner:

The Santa Rosa County Property Appraiser ("Property Appraiser") has advised this office that the Federal Aviation Administration (FAA) requires the Property Appraiser to obtain a letter from the Florida Attorney General confirming that the Property Appraiser, as a county officer of Santa Rosa County, is a "public entity." The Property Appraiser further advised us that this confirmation is required so that the Property Appraiser may meet the eligibility requirements for an Unmanned Aircraft Selection.

Pertinent to this question, the Santa Rosa County Property Appraiser has made the following representations:

The Santa Rosa County Property Appraiser's office owns an Unmanned Aircraft and intends to operate the Unmanned Aircraft as a public aircraft as defined in 14 CFR Part 1.1 and 49 USC 40102(a)(41);
The Unmanned Aircraft will not be used for the transportation of persons or property for compensation or hire;
The Unmanned Aircraft will not be used to carry any persons, and therefore, will not be used to carry "individual[s] other than a crewmember or a qualified non-crewmember[;]" and
The Unmanned Aircraft will be used in Aerial photography/mapping throughout Santa Rosa County.

Pursuant to Article VIII, section 1 of the Florida Constitution, Santa Rosa County is a political subdivision of the State of Florida. The Property Appraiser is a county officer, whose office is authorized by Article VIII, section 1(d) of the Florida Constitution, and whose duties are prescribed by general law. In providing services in his official capacity, the Property Appraiser acts as a part of Santa Rosa County, and is therefore a "public entity."[1]

Further, the Property Appraiser's representations (described above) indicate that the Unmanned Aircraft will not be used for commercial purposes, within the meaning of 49 USC 40102(a)(41)(C) and 49 USC 40125(b). Based upon these representations, because a "public aircraft" is defined as an "aircraft owned and operated by…a political subdivision of one of these governments, except as provided in section 40125(b)[,]" the aircraft to be operated by the Property Appraiser would satisfy the definition of a "public aircraft."

In sum, this letter constitutes the Florida Attorney General's assurance that the Santa Rosa Property Appraiser is a constitutionally recognized county officer of Santa Rosa County, which is a political subdivision of the State of Florida. This letter does not constitute comment on any other issue or matter.

Sincerely,

Pam Bondi

Attorney General

PB/ttlm

cc: Gregory S. Brown

Santa Rosa County Property Appraiser

[1] Cf. Beard v. Hambrick, 396 So. 2d 708, 711 (Fla. 1981) ("In our opinion, there is no reasonable way to construe article VIII, section 1, other than to include sheriffs as well as other named county officers as part of a county and, as such, within the definition of a political subdivision…."); Payne v. Washington Cty., 25 Fla. 798, 807, 6 So. 881, 881 (1889) (reflecting that the county tax collector acts, in his official capacity, either for the county or for the state, depending on the nature of his tax collection activities); Op. Atty. Gen. Fla. 064-174 (Dec. 11, 1964) (reflecting that "each member of the board of commissioners of the east Duval county mosquito control district is a county officer, acting [as] an agency, instrumentality or adjunct of Duval county, which functions for and serves the county in its capacity as a subdivision of Florida").