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

Plain-English summary

This is a certification letter, not a typical opinion that resolves a disputed legal question. The Village of Royal Palm Beach wanted to take part in the FAA's Unmanned Aircraft Systems (drone) test-site program, and the FAA required a letter from the Florida Attorney General confirming the Village is "an entity of the state." Attorney General Pam Bondi provided it.

The letter lays out the chain: section 1.01(8), Florida Statutes, defines "public body," "body politic," and "political subdivision" to include counties, cities, towns, villages, and all other districts in the state; Article VIII, section 2(b) of the Florida Constitution grants municipalities governmental, corporate, and proprietary powers, implemented through the Municipal Home Rule Powers Act in Chapter 166; therefore the Village of Royal Palm Beach is a political subdivision and a public entity of the state. The letter is explicit that it certifies only that point and is not a comment on any other matter.

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

Municipal officials

The letter confirmed that a Florida village 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

It is a clean example of the statutory and constitutional basis for treating a municipality as a public entity: the broad definition in section 1.01(8), combined with the home rule grant in Article VIII, section 2(b) and its implementation in Chapter 166, the Municipal Home Rule Powers Act.

Common questions

Q: Is a Florida village or city a government entity of the state?
A: Yes. The letter certified that the Village of Royal Palm Beach is a political subdivision and public entity of the state.

Q: What law makes a municipality a "political subdivision"?
A: Section 1.01(8) defines "political subdivision" to include villages and all other districts, and Article VIII, section 2(b) of the Florida Constitution grants municipalities home rule powers, implemented through Chapter 166.

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 Village 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, towns, villages, and all other districts. Article VIII, section 2(b) of the Florida Constitution gives municipalities governmental, corporate, and proprietary powers and the ability to exercise any power for municipal purposes except as otherwise provided by law. The Legislature implemented that grant in the Municipal Home Rule Powers Act, Chapter 166, Florida Statutes. Read together, these provisions support certifying a municipality 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)
• § 166.021, Fla. Stat. (Municipal Home Rule Powers Act)
• Article VIII, section 2(b), Florida Constitution

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/faa-unmanned-aircraft-systems-municipalities
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8072

Original opinion text

Ms. Jacqueline Jackson

Manager, UAS Tactical

Operations (AFS-85/AJV-115)

FAA Headquarters

490 L'Enfant Plaza, SW, Suite 3200

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 Ms. Jackson:

The Village of Royal Palm Beach, Florida has advised this office that the Federal Aviation Administration requires the Village to obtain a letter from the Florida Attorney General certifying that the Village is "an entity of the state." This letter serves as the official confirmation by Florida's Attorney General that the Village of Royal Palm Beach, Florida, 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."

The Village of Royal Palm Beach is a municipality.[1] As provided in Article VIII, section 2(b), Florida Constitution:

"Municipalities shall have governmental, corporate and proprietary powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. Each municipal legislative body shall be elective."

This grant of constitutional home rule powers is legislatively implemented in Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act."[2]

Thus, a village or a municipality, such as the Village of Royal Palm Beach would appear to fall within the scope of the definition contained in paragraph 9.2.2.2 of the above referenced FAA SIR[3] and would appear to have the ability to qualify for a certificate of authorization as provided therein.

In sum, under Florida law, the Village of Royal Palm Beach, Florida, is considered to be a political subdivision and a public entity of this state. This letter constitutes the Florida Attorney General's assurance that the Village 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 Charter of the Village of Royal Palm Beach, Florida, available at: https://www.municode.com/library/fl/royal_palm_beach/codes/code_of_ordinances?nodeId=PTICH.

[2] And see s. 166.021(1), Fla. Stat., which provides:

"As provided in s. 2(b), Art. VIII of the State Constitution, municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal services, and may exercise any power for municipal purposes, except when expressly prohibited by law."

[3] 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[.]"