Is a Florida water management district a public entity of the state?

Subject

FAA Unmanned Aircraft Systems

Plain-English summary

This is a short certification letter, not a full legal opinion. The Federal Aviation Administration was running its Unmanned Aircraft Systems (drone) test-site selection process and required the South Florida Water Management District to obtain a letter from the Florida Attorney General confirming the district is "an entity of the state." The AG provided that confirmation.

The reasoning is brief. Chapter 373, Florida Statutes, creates Florida's water management districts, and the Legislature specifically created the South Florida Water Management District in section 373.069(1)(e). Section 1.01(8) defines "public body," "body politic," and "political subdivision" to include counties, cities, towns, and "all other districts in this state." So a water management district falls within that definition and within the FAA's definition of a public entity for the test-site request.

The letter was careful to stay in its lane: it constitutes the AG's assurance that the district is a political subdivision of the state and "may not be understood to constitute comment on any other issue or matter."

Currency note

This opinion was issued in 2014. 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

What was this letter for?
The FAA required the South Florida Water Management District to show it was a public entity of the state in order to participate in the FAA's Unmanned Aircraft Systems test-site selection process. The AG's letter served as that official confirmation.

Why is a water management district a state political subdivision?
Because section 1.01(8), Florida Statutes, defines "political subdivision" to include "all other districts in this state," and the South Florida Water Management District was created by the Legislature under Chapter 373 (specifically section 373.069(1)(e)).

Did the AG decide anything else about drones or the district?
No. The letter expressly said it confirmed only that the district is a political subdivision of the state and did not comment on any other issue or matter.

Background and statutory framework

Chapter 373, Florida Statutes, divides the state into water management districts and provides for their creation and operation; section 373.069(1)(e) is the provision creating the South Florida Water Management District. Section 1.01(8) supplies the general statutory definition of "public body," "body politic," and "political subdivision," listing counties, cities, towns, villages, several specific kinds of districts, and "all other districts in this state." Reading those together, the AG concluded the district qualifies as a public entity under the FAA's screening request, which defined a public entity to include any "special purpose district, or other instrumentality of a State or States or local government."

Citations

• Chapter 373, Florida Statutes; section 373.069(1)(e), Florida Statutes
• Section 1.01(8), Florida Statutes

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft-systems
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/1544

Original opinion text

Ms. Jacqueline Jackson

Manager, UAS Tactical

Operations (AFS-85/AJV-115)

FAA Headquarters

490 L'Enfant Plaza, SW, Suite 3200

Washington, DC 20024

Subject: Public Entity Validation

Reference: FAA Unmanned Aircraft Systems Test Site Selection - Screening Information Request (SIR) DTFACT-13-R-00002, dated February 14, 2013

Dear Ms. Jackson:

The South Florida Water Management District has advised this office that the Federal Aviation Administration requires the district to obtain a letter from the Florida Attorney General certifying that the district is "an entity of the state." This letter serves as the official confirmation by Florida's Attorney General that the South Florida Water Management District qualifies as a public entity of the State.

Chapter 373, Florida Statutes, divides the State of Florida into "water management districts" and creates and provides for the operation of water management districts. The South Florida Water Management District was created by the Florida Legislature in section 373.069(1)(e), Florida Statutes.

Section 1.01(8), Florida Statutes, provides that:

"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.)

Thus, a water management district in Florida, such as the South Florida Water Management District, would appear to fall within the scope of the definition contained in paragraph 9.2.2.2 of the above referenced FAA SIR[1] and would appear to have the ability to qualify for a certificate of authorization as provided therein.

In sum, under Florida law, the South Florida Water Management District is considered to be a political subdivision and a public entity of this state. This letter constitutes the Florida Attorney General's assurance that the district is a political subdivision of the state and may not be understood to constitute comment on any other issue or matter.

Sincerely,

Pam Bondi

Attorney General

PB/tgh

[1] Paragraph 9.2.2.2 states in part that "[a] public entity is defined as follows: . . . (B) any department, agency, special purpose district, or other instrumentality of a State or States or local government[.]"