Agenda 06/22/2021 Item #16J4 (FAA Certificate of Authorization Waiver - CCSO)06/22/2021
EXECUTIVE SUMMARY
Recommendation to approve obtaining a Federal Aviation Administration Certificate of
Authorization Waiver and to act as the holder of said waiver on behalf of the Collier County
Sheriff’s Office.
_____________________________________________________________________________________
OBJECTIVE: To request that the Board approve a request that it act as the “Political Subdivision”
holding a Certificate of Authorization waiver on behalf of the Collier County Sheriff’s Office (hereinafter
“CCSO”), so that the CCSO may properly utilize drones in accordance with federal laws and regulations.
CONSIDERATION: Under federal law and Federal Aviation Administration regulations, a law
enforcement agency that wishes to operate drones in public airspace must first obtain a “Certificate of
Authorization Waiver” to do so. Generally, the law prohibits the operation of drones for commercial
purposes with exceptions. This waiver certifies that the CCSO will only operate the drones for valid law
enforcement purposes and not for commercial benefit.
Under USCA 401.25(a) (2), only a political subdivision of the state may obtain and hold this certificate;
traditionally, the municipality that contains the law enforcement department. As an independent
constitutional county officer, the Sheriff is not a political subdivision nor is the office a department of a
political subdivision. For this reason, the Sheriff cannot directly obtain the COA and request that the
Collier County Commission - as the governing body of Collier County- agree to be the “holder” of this
certificate on behalf of the CCSO. In return, the CCSO will certify to the FAA that the CCSO will abide
by all laws, regulations and requirements of the COA and will be the sole party responsible for any
violations of those laws or regulations.
The Federal Aviation Administration requires a certification from the County government that it will act
as the holder of the certificate and another certification from the CCSO that the Sheriff agrees to abide by
all of the laws and regulations.
FISCAL IMPACT: There is no fiscal impact as there is no cost to the county in being the de jure holder
of the certificate.
LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote
for Board approval. -SRT
RECOMMENDATION: That the Board agree, in its capacity as the governing body of Collier County
and as a political subdivision of the state of Florida, to act as holder of a Certificate of Authorization
Waiver on behalf of the Collier County Sheriff’s office to operate unmanned aircrafts (drones), and to
certify such agreement in the attached letter prepared by the County Attorney’s office to the Federal
Aviation Administration.
PREPARED BY: Commander Michael Williams, Staff Attorney
APPROVED BY: Kevin Rambosk, Sheriff
ATTACHMENT(S)
1. CCSO Drone Letter 2021 061621 srt (DOCX)
16.J.4
Packet Pg. 2858
06/22/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.J.4
Doc ID: 16305
Item Summary: Recommendation to approve obtaining a Federal Aviation Administration
Certificate of Authorization Waiver and to act as the holder of said waiver on behalf of the Collier County
Sheriff’s Office.
Meeting Date: 06/22/2021
Prepared by:
Title: – County Manager's Office
Name: Sean Callahan
06/16/2021 2:24 PM
Submitted by:
Title: – County Manager's Office
Name: Sean Callahan
06/16/2021 2:24 PM
Approved By:
Review:
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 06/16/2021 2:58 PM
County Manager's Office Mark Isackson Level 4 County Manager Review Completed 06/16/2021 3:30 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/22/2021 9:00 AM
16.J.4
Packet Pg. 2859
Office of the County Attorney
Jeffrey A. Klatzkow
Deputy County Attorney • Scott R. Teach
Managing Assistant County Attorney •Colleen M. Greene • Heidi F. Ashton-Cicko* *Board Certified City, County and Local Government Law
Assistant County Attorneys • Sally A. Ashkar Jennifer A. Belpedio Collen A. Kerins Derek D. Perry
3299 East Tamiami Trail, Suite 800 • Naples Florida 34112-5749 • (239) 252-8400 • FAX: (239) 252-6300
June 22, 2021
Via U.S. Mail and email at Michael.R.Beckles@faa.gov
Federal Aviation Administration
Attn: Michael Beckles
Manager, UAS Policy Team AJV-P22
600 Independence Avenue, SW, Suite 5E21TS
Washington, DC 20591
Re: Collier County Sheriff’s Office, Collier County, Florida
Public Declaration Letter In Support of Certificate of
Waiver / Authorization for Operation of Unmanned Aircraft
as a Public Aircraft Operator (sUAS operations)
Dear Mr. Beckles:
The Collier County Board of County Commissioners for Collier County, Florida (“Collier
County”), is submitting this Public Declaration Letter in Support of a request for Certificate of
Waiver /Authorization for Operation of Unmanned Aircraft as a Public Aircraft Operator as holder
of a certificate on behalf of the Collier County Sheriff’s Office. This letter is made pursuant to
Collier County’s approval of an agenda item at its regular June 22, 2021, meeting during which
the Collier County Sheriff asked the Board’s approval to request such authorization on its behalf.
The Collier County Sheriff’s Office is a law enforcement agency, existing by the authority of the
Florida Constitution and Florida Statutory law, and the Collier County Sheriff is an independently
elected County officer as defined in the Florida Constitution at Article VIII, § 1(d). The powers,
duties, and obligations of the Sheriff and his deputies are defined in Chapter 30 and other relevant
sections of the Florida Statutes as passed and promulgated by the Florida legislature. The Collier
County Sheriff provides law enforcement services as an independent constitutional officer to
Collier County, Florida.
Collier County, Florida is a political subdivision of the state of Florida, as defined in the Florida
Constitution at Article VIII, § 1(a), and as such qualifies under 49 U.S.C. 40102(a)(41)(C) to
operate as a public aircraft operator. Collier County requests that it be issued a Certificate of
Waiver /Authorization for Operation of Unmanned Aircraft as a Public Aircraft Operator, as
defined in 49 U.S.C. 40102(a)(41)(C), to be independently and exclusively operated by the Collier
County Sheriff’s Office. The Collier County Sheriff’s Office intends to utilize the UAS, in part,
16.J.4.a
Packet Pg. 2860 Attachment: CCSO Drone Letter 2021 061621 srt (16305 : FAA Waiver)
3299 East Tamiami Trail, Suite 800 • Naples Florida 34112-4902 • (239) 252-8400 • FAX: (239) 252-6300
for search and rescue missions, missing persons, and other applicable uses under the law. The
UAS will not be used for “commercial purposes” pursuant to 49 U.S.C. 40125(b).
The point of contact for technical information and for operation of the UAS program for the Collier
County Sheriff’s Office is:
Sergeant Jim Baker
3319 Tamiami Trail East
Naples, Florida 34112
Jim.Baker@colliersheriff.org
239-253-3586
Please let me know if you have any questions or if I can be of further assistance on this request.
Sincerely,
Scott R. Teach
Deputy County Attorney
16.J.4.a
Packet Pg. 2861 Attachment: CCSO Drone Letter 2021 061621 srt (16305 : FAA Waiver)