Is a Florida state college district a public entity or political subdivision of the state?

Plain-English summary

This is a short certification letter, not a typical opinion answering a legal question. To compete for an FAA unmanned aircraft systems (drone) test site, Indian River State College's district needed a letter from the Florida Attorney General confirming it is "an entity of the state." Attorney General Pam Bondi provided it.

The letter walks through the chain: section 1.01(8), Florida Statutes, defines "political subdivision" to include counties, cities, special districts, and "all other districts in this state"; a Florida College System institution district is, by statute, an independent, separate legal entity created to operate the college; therefore the Indian River State College District is a political subdivision and a public entity of the state. The letter is careful to say it certifies only that point and is not a comment on any other issue.

Currency note

This opinion was issued in 2015. 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.

What the letter covered

College and university administrators

The letter confirmed that a Florida College System institution district qualifies as a political subdivision and public entity of the state, the status the FAA's screening request required for the drone test-site competition.

Government attorneys

The letter is a clean example of the statutory basis for treating a college district as a public entity: the broad definition in section 1.01(8), combined with the provisions in Chapter 1004 establishing each Florida College System institution district as an independent legal entity governed by a district board of trustees.

Common questions

Q: Is a Florida state college district a government entity?
A: Yes. The letter certified that the Indian River State College District is a political subdivision and public entity of the state.

Q: What law makes a college district a "political subdivision"?
A: Section 1.01(8) defines "political subdivision" to include all districts in the state, and Chapter 1004 establishes each Florida College System institution district as an independent legal entity.

Q: What was the letter for?
A: The FAA required it as part of the Unmanned Aircraft Systems Test Site selection process, to validate that the district is a public entity of the state.

Background and statutory framework

Florida's general definitions statute, section 1.01(8), gives a broad meaning to "public body," "body politic," and "political subdivision," sweeping in counties, cities, special districts, and all other districts. The Florida College System is built on local institution districts, each governed by a district board of trustees under the State Board of Education and each established by statute as an independent, separate legal entity. Together these provisions support certifying a college district as a public entity of the state when an outside agency, here the FAA, requires that confirmation.

Citations and references

Statutes:

• § 1.01, Fla. Stat. (definitions)
• § 1004.65, Fla. Stat. (district boards of trustees)
• § 1004.67, Fla. Stat. (colleges as political subdivisions)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft-systems-college-district
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8070

Original opinion text

Mr. Mark Jordan

FAA Headquarters

490 L'Enfant Plaza SW, Suite 3200

Washington, D.C. 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 Mr. Jordan:

The District Board of Trustees for Indian River State College 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 District qualifies as a public entity of the State.

Section 1.01(8), Florida Statutes, provides that, for purposes of Florida law:

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.)

Indian River State College is a "Florida College System institution."[1] Pursuant to section 1004.65, Florida Statutes, each Florida College System institution is governed by a district board of trustees operating under the State Board of Education. The Indian River State College District serves Indian River, Martin, Okeechobee, and St. Lucie Counties.[2] Each institution district shall "[b]e an independent, separate, legal entity created for the operation of a Florida College System institution."[3] Thus, the Indian River State College District is a district within the definition set forth above and would fall within the scope of the definition contained in paragraph 9.2.2.2 of the above referenced FAA SIR.[4]

In sum, under Florida law, the Indian River State College District is considered to be a political subdivision and a public entity of this state.[5] 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] See section 1000.21(3)(k), Fla. Stat.

[2] Sections 1000.21(3)(k) and 1004.65(2)(a), Fla. Stat.

[3] Section 1004.65(2)(b), Fla. Stat.

[4] 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[.]"

[5] And see s. 1004.67, Fla. Stat., providing:

"Florida College System institutions; legislative intent.—It is the legislative intent that Florida College System institutions, constituted as political subdivisions of the state, continue to be operated by Florida College System institution boards of trustees as provided in s. 1001.63 and that no department, bureau, division, agency, or subdivision of the state exercise any responsibility and authority to operate any Florida College System institution of the state except as specifically provided by law or rules of the State Board of Education."