Is the Florida Department of Environmental Protection a state agency for purposes of an FAA drone Certificate of Authorization?

Plain-English summary

This is a short certification letter rather than a contested legal opinion. The Federal Aviation Administration required the Florida Department of Environmental Protection (FDEP) to produce a letter from the Florida Attorney General confirming that the department is an entity of the state, as part of obtaining a Certificate of Authorization to operate unmanned aircraft.

Attorney General Pam Bondi provided that confirmation. Chapter 20, Florida Statutes, sets up the organization of state government. Section 20.03 defines a "department" as the principal administrative unit within the executive branch, and section 20.255 creates the Department of Environmental Protection. On that basis, the letter states that FDEP is a department and agency of the State of Florida and an entity of government under Florida law.

Currency note

This opinion was issued in 2016. 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

Q: Why would a state agency need the Attorney General to confirm it is part of the state?
A: The FAA's process for a public-aircraft Certificate of Authorization asked for official confirmation that the applicant is a government entity. The letter served as that confirmation for FDEP's drone operations.

Q: What made FDEP a "department" of state government?
A: Section 20.03 of Chapter 20 defines a department as the principal administrative unit of the executive branch, and section 20.255 creates the Department of Environmental Protection by statute. The letter relied on those provisions.

Background and statutory framework

Chapter 20, Florida Statutes, prescribes uniform nomenclature and structure for the executive branch of Florida government. Section 20.03 defines key terms, including "department" and "agency," and section 20.04 addresses how executive departments are structured. Section 20.255 is the statute that creates the Department of Environmental Protection. Because the department is created by statute as a principal administrative unit of the executive branch, it qualifies as a department and agency of the state. The letter is signed by the Attorney General and functions as the assurance the FAA requested.

Citations and references

Statutes:

• Section 20.03, Florida Statutes (uniform nomenclature; definition of department and agency)
• Section 20.04, Florida Statutes (structure of executive departments)
• Section 20.255, Florida Statutes (creation of the Department of Environmental Protection)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/unmanned-aircraft-dep
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8066

Original opinion text

Federal Aviation Administration
Air Traffic Manager
Unmanned Aircraft Tactical Operations, AJV-115
490 L'Enfant Plaza, SW, Suite 3200
Washington, DC 20024

Re: Declaration for Certificate of Authorization/Public Declaration Letter
Florida Department of Environmental Protection

Dear Sir or Madam:

The Florida Department of Environmental Protection (FDEP) has advised this office that the Federal Aviation Administration requires the department to obtain a letter from the Florida Attorney General certifying that the department is an entity of the state. This letter serves as the official confirmation by Florida's Attorney General that the Florida Department of Environmental qualifies as a department and agency of the State of Florida.

Chapter 20, Florida Statutes, sets forth the organizational structure for Florida state government. Section 20.03, Florida Statutes, provides uniform nomenclature throughout the state executive branch of government and states that "'Department' means the principal administrative unit within the executive branch of state government."[1] Section 20.255, Florida Statutes, creates the Department of Environmental Protection. The Department is an "Agency" of state government and, as such, is designated an entity of government in Florida.[2] Thus, the Florida Department of Environmental Protection qualifies as a department of government of the State of Florida.

In sum, under Florida law, the Department of Environmental Protection is considered to be a department of state government and a public entity of this state. This letter constitutes the Florida Attorney General's assurance that FDEP is a department of Florida state government and an entity of government under Florida law.

Sincerely,

Pam Bondi
Attorney General

PB/tgh

cc: Kenneth Rainer
Florida Department of Environmental Protection
505 Guana River Road
Ponte Vedra Beach, Florida 32082

[1] See ss. 20.03(2) and 20.04, Fla. Stat., designating a department as the principal administrative unit of the executive branch of state government.

[2] See s. 20.03(11), Fla. Stat., defining an "Agency" to include a department.