Is Florida's Tampa Port Authority a 'public entity of the state' under FAA rules so that it can run an unmanned-aircraft systems test site?

Plain-English summary

This is a one-page certification letter rather than a typical AG opinion. The FAA was selecting Unmanned Aircraft Systems test sites and required Florida applicants to obtain a letter from the state Attorney General certifying that the applicant was a "public entity of the state." The Tampa Port Authority needed that certification to compete for an FAA test-site designation under Screening Information Request DTFACT-13-R-00002.

Attorney General Pam Bondi confirmed in writing that the Tampa Port Authority was created by the Florida Legislature in 1945, that the current enabling legislation (Chapter 95-488, Laws of Florida, 1995) makes it "a body politic and a body corporate" with perpetual existence and a "proper governmental function" designation, and that Florida's Department of Economic Opportunity recognizes it as an independent special district under Chapter 189, Florida Statutes. The FAA's definition of "public entity" (in paragraph 9.2.2.2 of the Screening Information Request) covered "any department, agency, special purpose district, or other instrumentality of a State or States or local government." On those facts the AG's letter concluded that the Tampa Port Authority qualified.

The letter was narrow on purpose. It did not address any other federal-aviation or unmanned-aircraft issue, and it was not a broad opinion on the FAA's program. It served a single procurement-style function: validating Tampa Port Authority's eligibility status with the FAA.

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.

Background and statutory framework

The Hillsborough County Port District was created by the Florida Legislature in 1945. The Tampa Port Authority is its governing body. The current enabling statute is Chapter 95-488, Laws of Florida (1995), which superseded the original legislation. Section 4 of Chapter 95-488 states that the Tampa Port Authority "constitutes a body politic and a body corporate; it shall have perpetual existence; its operation shall be deemed a proper governmental function."

Several layers of Florida statute then reinforce its public-entity character:

• Section 1.01(8), Florida Statutes: defines "public body," "body politic," or "political subdivision" to include "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."
• Chapter 189, Florida Statutes: governs Florida special districts; section 189.012 contains the definition the Department of Economic Opportunity applied to designate the Tampa Port Authority as an independent special district.
• Chapter 315, Florida Statutes: the general statute setting out the powers of Florida port authorities.

In 2013 the FAA opened a Screening Information Request (DTFACT-13-R-00002) to select six congressionally authorized UAS Test Site locations. Paragraph 9.2.2.2 of that SIR required state-level certification of an applicant's "public entity" status. The AG's letter satisfies that step for the Tampa Port Authority. The FAA's UAS Test Site program was succeeded by other unmanned-aircraft research and integration programs in later years.

Common questions

Q: What did this letter actually do?
A: It served as the Florida AG's formal written certification, requested by the FAA, that the Tampa Port Authority was a "public entity of the state" so that the Authority could compete in the FAA's UAS Test Site selection process.

Q: Was this a formal AG opinion?
A: Not in the traditional sense. It was a certification letter signed by AG Pam Bondi, addressed to the FAA, with a single fact-specific conclusion. It did not interpret a state statute or constitutional provision in the way a formal AG opinion does.

Q: At the time of this opinion, what made the Tampa Port Authority a 'public entity of the state'?
A: The 1945 legislative creation, the body-politic/body-corporate designation in Chapter 95-488, and the Department of Economic Opportunity's recognition of the Authority as an independent special district under Chapter 189, Florida Statutes.

Q: Did the letter give the Authority operational FAA authority to operate drones?
A: No. It only confirmed the Authority's public-entity status for the FAA's purposes. Any operational FAA certification, certificates of authorization, waivers, would have to come from the FAA separately, based on a complete application.

Q: How is a Florida port authority generally structured?
A: Port authorities are state-created special districts with delegated governmental powers, including land use, leasing, and revenue-bond authority. The Tampa Port Authority's specific powers are set in Chapter 95-488, Laws of Florida (1995), and the general Florida port-authority statute is Chapter 315, Florida Statutes.

Citations and references

Statutes:

• § 1.01(8), Fla. Stat. (Definitions)
• Ch. 189, Fla. Stat. (Special districts)
• § 189.012, Fla. Stat. (Special district definition)
• Ch. 315, Fla. Stat. (Port authorities)

Special legislation:

• Ch. 95-488, Laws of Fla. (1995) (Tampa Port Authority enabling legislation)

Federal reference:

• FAA Screening Information Request DTFACT-13-R-00002 (UAS Test Site Selection), February 14, 2013

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8053

Original opinion text

Federal Aviation Administration

Scott Gardner, Acting Manager

Emerging Technologies, AJV-115

470 L'Enfant Plaza SW, Suite 7105

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 Mr. Gardner:

The Tampa Port Authority, d/b/a Port Tampa Bay (Authority), has advised this office that the Federal Aviation Administration (FAA) requires the Authority to obtain a letter from the Florida Attorney General certifying that the Authority is "a public entity of the state." This letter serves as the official confirmation by Florida's Attorney General that the Tampa Port Authority qualifies as a public entity of the state.

The Florida Legislature created the Hillsborough County Port District in 1945, designating the Tampa Port Authority as governing body and port authority. The most recent legislation that amended and superseded the original enabling legislation is codified at Chapter 95-488, Laws of Florida (1995).[1] Section 4 of chapter 95-488 provides that the Tampa Port Authority "constitutes a body politic and a body corporate; it shall have perpetual existence; its operation shall be deemed a proper governmental function." Section 1.01(8), Florida Statutes, provides: "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." The Florida Department of Economic Opportunity officially designates the Tampa Port Authority as an independent special district within the scope of Chapter 189, Florida Statutes, consistent with the definition found in section 189.012, Florida Statutes.

The FAA Screening Information Request, paragraph 9.2.2.2, defines "public entity" as, in part, "any department, agency, special purpose district, or other instrumentality of a State or States or local government." It thus appears that Tampa Port Authority, a special district of the state, falls within the scope of the paragraph 9.2.2.2 definition and would qualify for a certificate of authorization.

In sum, this letter constitutes the Florida Attorney General's assurance that the Tampa Port Authority, a body politic performing a governmental function, is a public entity of the State of Florida. This letter does not constitute comment on any other issue or matter.

Sincerely,

Pam Bondi

Attorney General

PB/tebg

[1] The powers of a port authority are set forth in Ch. 315, Fla. Stat.