Is Space Florida a political subdivision of the state for federal drone (UAS) test-site purposes?

Plain-English summary

The President of Space Florida asked the Attorney General's office to determine and affirm that Space Florida is an independent special district and a political subdivision of the State of Florida. The reason was practical: Space Florida was pursuing a Federal Aviation Administration Unmanned Aircraft System (drone) test-site designation and planned to submit requests for Certificates of Authorization. The FAA's process requires confirmation that the applicant is a public entity, and for a state entity the FAA looks to the state's Attorney General to confirm that the applicant is part of state government or a political subdivision (tied to the public-aircraft definition in 49 U.S.C. 40102).

The office confirmed Space Florida's status. The Space Florida Act, Part II of Chapter 331, creates Space Florida in section 331.302 as "an independent special district, a body politic and corporate, and a subdivision of the state," charged with fostering Florida's aerospace industry through business financing, spaceport operations, research, workforce development, and education. Space Florida is subject to the Uniform Special District Accountability Act of 1989 (Chapter 189), which describes special districts as local units of special-purpose government, and it is granted sovereign immunity "in the same manner as the state" under section 331.328. The general definitions in the Florida Statutes include "all other districts in this state" within the meaning of "political subdivision."

Putting those together, the office concluded that Space Florida is generally considered an independent special district and a political subdivision of the State of Florida. This informal opinion is closely related to a separate 2013 letter in which the Attorney General confirmed Space Florida's public-entity status directly to the FAA.

Currency note

This opinion was issued in 2012. 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 designation mentioned here.

Common questions

Q: What is Space Florida?
A: A state entity created by the Space Florida Act (Part II, Chapter 331, Florida Statutes) to foster the growth of Florida's aerospace industry through business financing, spaceport operations, research, workforce development, and education programs.

Q: What did this opinion confirm?
A: That Space Florida is an independent special district and a political subdivision of the State of Florida, generally treated as such under Florida law.

Q: Why did Space Florida need that confirmation?
A: To meet the FAA's requirement that an applicant for an Unmanned Aircraft System test-site designation and Certificates of Authorization be a public entity. The FAA looks to the state Attorney General to confirm that a state entity is a political subdivision.

Q: Does Space Florida have sovereign immunity?
A: Section 331.328 grants Space Florida sovereign immunity in the same manner as the state, which the opinion cited as part of its independent-special-district status.

Q: How is "political subdivision" defined in Florida law?
A: The general definitional statute includes counties, cities, towns, villages, various special districts, and "all other districts in this state," which is why independent special districts like Space Florida are generally treated as political subdivisions.

Background and statutory framework

Space Florida is created by the Space Florida Act, Part II of Chapter 331, Florida Statutes. Section 331.302 establishes it as an independent special district, a body politic and corporate, and a subdivision of the state, with broad powers to support the aerospace industry, including executing contracts and intergovernmental agreements, adopting rules, and issuing revenue bonds. It is subject to the Uniform Special District Accountability Act of 1989, Chapter 189, and is granted sovereign immunity under section 331.328.

The federal hook is 49 U.S.C. 40102, whose public-aircraft definition reaches aircraft owned or operated by a political subdivision of a state. Combined with the Florida statutory definition of "political subdivision," which includes "all other districts in this state," these provisions supported the office's confirmation of Space Florida's status for FAA purposes.

Citations and references

Statutes:

• Ch. 331, Pt. II, Fla. Stat. (Space Florida Act)
• § 331.302, Fla. Stat. (Space Florida; creation)
• § 331.328, Fla. Stat. (sovereign immunity)
• Ch. 189, Fla. Stat. (Uniform Special District Accountability Act)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/space-florida-as-political-subdivision
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8127

Original opinion text

Mr. Frank A. DiBello

President, Space Florida

SPFL Building M6-306, Room 9030

State Road 405

Kennedy Space Center, Florida 32899

Dear Mr. DiBello:

As President of Space Florida and on behalf of the board of directors, you have asked that this office determine and affirm that Space Florida is an independent special district and a political subdivision of the State of Florida. This determination is necessary to Space Florida's effort to win a Federal Aviation Administration (FAA) Unmanned Aircraft System (UAS) Test Site designation to support UAS integration efforts into the National Air Space.

As part of that effort, Space Florida plans to submit requests for Certificates of Authorization to support both the test site and integrated operations as permitted by the FAA. You advise that currently the FAA requires affirmation that the submitting organization is a public entity as part of their approval process in accordance with 49 United States Code section 40102.[1] You have advised that the FAA requires the respective state's Attorney General to make a determination that an applicant is a part of the state government or political subdivision of the state when a state entity is involved.

Part II, Chapter 331, Florida Statutes, is titled the "Space Florida Act."[2] Space Florida is created in section 331.302, Florida Statutes:

"There is established, formed, and created Space Florida, which is created as an independent special district, a body politic and corporate, and a subdivision of the state, to foster the growth and development of a sustainable and world-leading aerospace industry in this state. Space Florida shall promote aerospace business development by facilitating business financing, spaceport operations, research and development, workforce development, and innovative education programs. Space Florida has all the powers, rights, privileges, and authority as provided under the laws of this state."[3]

Space Florida, in carrying out its duties and responsibilities, is authorized to "advise, coordinate, cooperate, and, when necessary, enter into memoranda of agreement" with local, state and federal governments and agencies.[4] Space Florida is made subject to the applicable provisions of Chapter 189, Florida Statutes, the "Uniform Special District Accountability Act of 1989,"[5] which characterizes "special district[s]" as "local unit[s] of special purpose, as opposed to general-purpose, government[.]"[6]

Among the powers and duties of the board of directors of Space Florida is the power to execute contracts, adopt proceedings, and perform all acts necessary to carry out the purposes of the act;[7] provide financial services to support aerospace-related business development within this state;[8] engage in the planning and implementation of space-related economic and educational development within this state;[9] provide strategic direction for the aerospace-related research priorities of the state and its aerospace-related businesses;[10] execute intergovernmental agreements and development agreements;[11] and to adopt administrative rules to carry out the purposes of the act.[12] Space Florida is also authorized to issue revenue bonds for purposes of carrying out its projects.[13]

Space Florida is specifically identified as an independent special district and granted sovereign immunity "in the same manner as the state" pursuant to section 331.328, Florida Statutes.[14] The general definitional section of the Florida Statutes provides a definition of the words "political subdivision:"

"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."[15]

Thus, independent special districts such as Space Florida are generally to be considered political subdivisions.[16]

In sum, under Florida law, Space Florida is generally considered to be an independent special district and political subdivision of this state.

Sincerely,

Pam Bondi

Attorney General

PB/tgh

[1] See 49 U.S.C. s. 40102(a)(41)(C) and (D) defining a public aircraft to include, among others, aircraft owned and operated or exclusively leased for at least 90 days by a political subdivision of a state, except as provided in s. 49 U.S.C. s. 40125(b).

[2] Section 331.301, Fla. Stat., provides the short title for the act.

[3] Section 331.302(1), Fla. Stat.

[4] Section 331.302(2), Fla. Stat.

[5] Section 189.401, Fla. Stat., provides the title of the act.