Is Space Florida a public entity that could qualify for an FAA drone test-site authorization?

Plain-English summary

This is a short confirmation letter, not a traditional advisory opinion. The Federal Aviation Administration was running a selection process for Unmanned Aircraft Systems (drone) test sites, and its screening request asked applicants to show they were public entities. Attorney General Pam Bondi wrote to the FAA to confirm that Space Florida qualifies.

The letter explains that Space Florida was created by the Florida Legislature under Part II of Chapter 331, Florida Statutes (the "Space Florida Act"), as an independent special district, a body politic and corporate, and a subdivision of the state, with the mission of fostering Florida's aerospace industry. On that basis, the AG confirmed that Space Florida is a public entity of the state and would appear to fall within the FAA screening request's definition, making it eligible to qualify for a Certificate of Authorization.

Currency note

This letter was issued in 2013. 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 detail 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 promote the growth of Florida's aerospace industry through business financing, spaceport operations, research, workforce development, and education programs.

Q: What legal status did the AG confirm?
A: That Space Florida is an independent special district, a body politic and corporate, and a political subdivision of the State of Florida, in short, a public entity.

Q: Why did the FAA need this confirmation?
A: The FAA's screening request for UAS test-site selection required applicants to be public entities to qualify for a Certificate of Authorization. The AG's letter confirmed Space Florida met that public-entity definition.

Background and statutory framework

Section 331.302, Florida Statutes, establishes Space Florida as "an independent special district, a body politic and corporate, and a subdivision of the state," charged with fostering a sustainable, world-leading aerospace industry in Florida and given "all the powers, rights, privileges, and authority as provided under the laws of this state." The letter relied directly on that statutory language to certify Space Florida's public-entity status to the FAA.

The document is best understood as an official confirmation rather than a contested legal question. The Attorney General applied the plain text of the Space Florida Act to the FAA's eligibility criteria and confirmed that Space Florida is a political subdivision of the state.

Citations and references

Statutes:

• Ch. 331, Pt. II, Fla. Stat. (Space Florida Act)
• § 331.302, Fla. Stat. (Space Florida)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/space-florida-quotpublic-entityquot
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8118

Original opinion text

Federal Aviation Administration
490 L'Enfant Plaza
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

To whom it may concern:

Space Florida is an Independent Special District of the State of Florida, created by Chapter 331, Part II, Florida Statutes, for the purpose of fostering the growth and development of a sustainable and world-leading aerospace industry within the State of Florida.

Part II, Chapter 331, Florida Statutes, is entitled the "Space Florida Act." 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."

This letter serves as the official confirmation by Florida's Attorney General that Space Florida qualifies as a public entity of the State. As such, Space Florida would appear to fall within the scope of the definition contained in paragraph 9.2.2.2 of the above referenced FAA SIR and would have the ability to qualify for a Certificate of Authorization as provided therein. In sum, under Florida law, Space Florida is considered to be an independent special district and political subdivision of this state.

Sincerely,

Pam Bondi
Attorney General

PB/tgh