Is the University of Florida a Florida state agency for purposes of qualifying its drone as a 'public aircraft' under federal law?
Plain-English summary
This is a status-certification letter, not a substantive legal analysis. The University of Florida's Office of Unmanned Aircraft Systems Programs needed to apply to the FAA for a Certificate of Authorization to operate drones for various aerial operations. The FAA requires confirmation that the operating entity is an agency of the state, because federal law (49 U.S.C. § 40125) treats government-owned and government-operated aircraft as "public aircraft" subject to a different regulatory regime than commercial aircraft.
Attorney General Pam Bondi confirmed that the University of Florida qualifies as a state agency. Article IX, section 7(b) of the Florida Constitution provides that "[t]here shall be a single state university system comprised of all public universities." Section 1000.21(6)(a), Florida Statutes (2018), names the University of Florida as a state university. Section 1001.705(1)(d), Florida Statutes (2018), provides that "'State university' or 'state universities' as used in the State Constitution and the Florida Statutes are agencies of the state which belong to and are part of the executive branch of state government."
The letter is narrowly scoped: "[t]his letter may not be understood to constitute comment on any other issue or matter." It is the kind of routine certification that government agencies request from state attorneys general when federal regulators or grant programs require formal confirmation of governmental status.
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
The FAA distinguishes between civil aircraft and "public aircraft." 49 U.S.C. § 40102(a)(41) defines public aircraft, with refinements in § 40125 covering when an aircraft owned by a government qualifies. Public aircraft are exempt from many regulations that apply to commercial operations, but they are also limited in how they can be used. Aircraft used "for commercial purposes" generally do not qualify, even when government-owned.
For a state-affiliated entity to operate drones as public aircraft, the FAA typically needs a state-level legal certification confirming that the entity is part of the state government and that the planned use is governmental rather than commercial. The Florida AG provides such certifications under section 16.01.
The Florida State University System is established by Article IX, section 7 of the Florida Constitution. The constitutional structure makes each of the twelve state universities part of a single system, with the universities themselves being state agencies in the executive branch under the Florida Statutes. Section 1001.705(1)(d) is the operative statutory hook.
Common questions
Q: What was the practical effect of this letter?
A: It allowed the University of Florida's Office of Unmanned Aircraft Systems Programs to complete its FAA Certificate of Authorization application. Without the AG's confirmation of state-agency status, the FAA could not classify the University-owned drones as public aircraft.
Q: Does this letter have any precedential value?
A: As a brief status certification, it is most useful as a template. Other Florida state universities or state agencies seeking the same FAA confirmation can cite it as the standard form. It does not announce a new legal rule.
Q: Are all Florida state universities covered by the same logic?
A: Yes, under section 1001.705(1)(d). The University of Florida is named in section 1000.21(6)(a), but the executive-branch designation in section 1001.705(1)(d) applies to all "state universities" generally.
Citations
Constitution and statutes:
- Art. IX, § 7, Fla. Const.
- §§ 1000.21(6)(a), 1001.705(1)(d), Fla. Stat. (2018)
Federal:
- 49 U.S.C. § 40125
Source
- Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft-systems-state-university
- Original PDF: https://www.myfloridalegal.com/print/pdf/node/8020
Original opinion text
Mr. Robert Mullennix
ClancyJG International
Federal Aviation Administration
Unmanned Aircraft Systems AJV-13
490 L'Enfant Plaza SW, Suite 300
Washington, D.C. 20024
Dear Mr. Mullennix:
The Office of Unmanned Aircraft Systems Programs at the University of Florida has advised this office that it 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 for various aerial operations. The University advises that the FAA requires confirmation that the University is an agency of the state, thus qualifying an aircraft owned and used by the University as a public aircraft under 49 U.S.C. 40125.
The University of Florida is part of the State University System, established by section 7, Article IX, of the Florida Constitution, which provides, in part: “(b) There shall be a single state university system comprised of all public universities.” Section 1000.21(6)(a), Florida Statutes (2018), provides that the University of Florida is a state university. Section 1001.705(1)(d), Florida Statutes (2018), provides, in part: “’State university’ or ‘state universities’ as used in the State Constitution and the Florida Statutes are agencies of the state which belong to and are part of the executive branch of state government.”
This letter constitutes the Florida Attorney General's assurance that the University of Florida is an agency of the state within its executive branch. This letter may not be understood to constitute comment on any other issue or matter.
Sincerely,
Pam Bondi
Attorney General
PB/tebg