FL INFORMAL 2018-07-19

Is the Florida Keys Mosquito Control District a 'political subdivision' of the state for purposes of FAA drone-authorization?

Short answer: Yes. The Florida AG confirmed in 2018 that the Florida Keys Mosquito Control District, created by special act and re-created in 2002, is a political subdivision of the State of Florida, and that its drones cannot be used for commercial purposes under section 388.231(1), Florida Statutes.

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 AG opinions are persuasive authority but not binding precedent.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

This is the third 2018 status-certification letter in a small series confirming Florida government entities' eligibility to operate drones as "public aircraft" under 49 U.S.C. § 40125. The Florida Keys Mosquito Control District wanted to use a drone to help control mosquito-borne disease and needed FAA confirmation of its political-subdivision status.

AG Pam Bondi confirmed that the District qualifies. The District originated as the Anti-Mosquito District created by Chapter 26041 (No. 1045), Laws of Florida (1949), and was re-created in 2002 by Chapter 2002-346, Laws of Florida, a special act. Section 388.021(1), Florida Statutes, allows "any city, town, or county, or any portion or portions thereof" to be created as a special taxing district for arthropod control. Section 189.012(6) defines a "special district" as a unit of local government with a special purpose, limited geographic jurisdiction, created by general law, special act, local ordinance, or rule of the Governor and Cabinet. Section 1.01(8) establishes the Florida statutory definition of "public body," "body politic," or "political subdivision" as including counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, "and all other districts in this state."

Therefore the Florida Keys Mosquito Control District, as a special taxing district created by special act, is a unit of local government and a political subdivision of Florida.

For the non-commercial-use requirement, the AG cited section 388.231(1), Florida Statutes: "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." Florida law expressly bars commercial use of an aircraft owned by the District for mosquito control. So the federal public-aircraft requirement (no commercial purposes) is automatically satisfied as a matter of state law, not just by representation.

The letter is narrowly scoped: "[t]his declaration does not extend to the use of the equipment by any other agency."

Currency note

This opinion was issued in 2018. 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.

Background and statutory framework

Florida has a long tradition of special taxing districts for narrow public purposes (drainage, water control, mosquito abatement, fire protection, and so on). These districts are units of local government and are part of the state's political-subdivision structure. Section 1.01(8) of the Florida Statutes is the broad inclusive definition: counties, cities, towns, villages, "special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."

Special taxing districts for arthropod control are authorized by section 388.021(1), Florida Statutes. The Florida Keys Mosquito Control District was created in 1949 by Chapter 26041 and re-created with updated authority in 2002 by Chapter 2002-346.

The non-commercial-use anchor in section 388.231(1) is meaningful for the FAA analysis. Under 49 U.S.C. § 40125(b), a government-owned aircraft used for commercial purposes generally loses public-aircraft status. Florida statutory law independently forecloses any commercial use of mosquito-control equipment, making the federal eligibility analysis straightforward.

The "geological resource management," "biological resource management," "fish and wildlife management," and similar enumerated public-aircraft categories in 49 U.S.C. § 40125(a) cover the kind of work a mosquito control district does. The AG letter does not specify which subcategory applies; that determination is the FAA's.

Common questions

Q: What was the practical effect of this letter?
A: It allowed the Florida Keys Mosquito Control District to complete its FAA Certificate of Authorization application by satisfying the agency's requirement of a state-level legal certification of political-subdivision status.

Q: Does this analysis apply to other Florida special districts?
A: Yes, with one caveat. Any Florida special taxing district created by special act, local ordinance, or rule of the Governor and Cabinet is generally a political subdivision under section 1.01(8). Whether the district has a parallel non-commercial-use statute (like section 388.231(1) for mosquito control) varies by district type. Districts without that anchor would need to certify non-commercial use by representation rather than by statute.

Q: What is the relationship between section 1.01(8) and Article VIII of the Constitution?
A: Section 1.01(8) is the Florida Statutes' inclusive definition of "political subdivision." Article VIII of the Constitution governs counties and municipalities specifically. Special districts derive from statutory authority, not directly from Article VIII, but they fit within section 1.01(8)'s broad statutory umbrella.

Citations

Constitution and statutes:

§§ 1.01(8), 189.012(6), 388.021(1), 388.231(1), Fla. Stat. (2018)
Ch. 26041 (No. 1045), Laws of Fla. (1949); Ch. 2002-346, Laws of Fla.

Federal:

49 U.S.C. §§ 40102(a)(41)(C), 40125(b)

Source

Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft-mosquito-control-district
Original PDF: https://www.myfloridalegal.com/print/pdf/node/8022

Original opinion text

Ms. Andrea Leal

Executive Director

Florida Keys Mosquito Control District

503 107th Street

Marathon, Florida 33050

Dear Ms. Leal:

As Executive Director of the Florida Keys 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 mosquito-borne disease. 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).

The Florida Keys Mosquito Control District was originally authorized as an Anti-Mosquito District, by Chapter 26041 (No. 1045), Laws of Florida (1949). This and various subsequent acts pertaining to the District were repealed and replaced in 2002 pursuant to Chapter 2002-346, Laws of Florida, a special act that re-created and reenacted the Florida Keys Mosquito Control District.

Section 388.021(1), Florida Statutes (2018), authorizes “any city, town, or county, or any portion or portions thereof” to “be created into a special taxing district for the control of arthropods under the provisions of this chapter.” Section 189.012(6), Florida Statutes (2018), 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 (2018), 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 Florida Keys Mosquito Control District, being a special taxing 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 Florida Keys 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