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

Plain-English summary

The Florida Keys Mosquito Control District was applying to the FAA for a Certificate of Authorization to use an unmanned aircraft system in mosquito-borne disease control. The FAA required the Attorney General to affirm the District's political-subdivision status and that the aircraft would not be used commercially, among other requirements for public-aircraft use.

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 commercial-use question, 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." The letter says Florida law prohibits an aircraft owned by the District for mosquito control from commercial use. It does not determine the aircraft's overall status under federal law.

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

Section 1.01(8) of the Florida Statutes defines political subdivisions to include 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 letter cites 49 U.S.C. § 40125(b) in describing the FAA's public-aircraft requirement and section 388.231(1) for the Florida restriction on private use of District mosquito-control equipment. The AG assured the FAA that a District-owned aircraft for mosquito control cannot be used commercially under Florida law.

The letter does not decide whether the proposed aircraft satisfies every federal public-aircraft requirement.

Common questions

Q: What was the practical effect of this letter?
A: It supplied the Attorney General's assurance about the District's political-subdivision status and the Florida prohibition on commercial use of its mosquito-control aircraft. The letter does not report the FAA's decision on the application.

Q: Does this analysis apply to other Florida special districts?
A: The letter addresses only the Florida Keys Mosquito Control District. It says its declaration "does not extend to the use of the equipment by any other agency" and may not be understood as comment on another issue or matter.

Citations

Constitution and statutes:

• §§ 1.01(8), 189.012(6), 388.021(1), 388.231(1), Fla. Stat. (2018)
• Chapter 26041 (No. 1045), Laws of Fla. (1949); Chapter 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
• Official print view: 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