HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/HB 981 Aviation
SPONSOR(S): Infrastructure Strategies Committee, Transportation & Modals Subcommittee, Bankson
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Transportation & Modals Subcommittee 15 Y, 0 N, As CS Walker Hinshelwood
2) Infrastructure & Tourism Appropriations 14 Y, 0 N McAuliffe Davis
Subcommittee
3) Infrastructure Strategies Committee 22 Y, 0 N, As CS Walker Harrington
SUMMARY ANALYSIS
The term “advanced air mobility” (AAM) is defined in federal law as a transportation system that transports people and
property by air between two points in the United States using aircraft with advanced technologies, including electric
aircraft, or electric vertical takeoff and landing (eVTOL) aircraft, in both controlled and uncontrolled airspace. Florida is a
target market for early-stage AAM, and the AAM market is projected to reach more than $1 trillion by 2040. Related to
AAM, the bill:
Provides that it is the intent of the Legislature to promote the development of vertical takeoff and landing aircraft
and vertiports that will provide residents and visitors of this state with access to AAM operations.
Specifies the approval process for a vertiport and requires the Florida Department of Transportation (FDOT) to
conduct a physical site inspection of a vertiport as part of the approval process.
Directs FDOT to:
o Address the need for vertiports, AAM, and other advances in aviation technology in the statewide aviation
system plan, and as appropriate, in FDOT’s work program;
o Serve as a resource for local jurisdictions and developers and operators of vertical takeoff and landing
aircraft and vertiports;
o Designate a subject matter expert on AAM within the FDOT;
o Lead a statewide education campaign for local officials to provide education on the benefits of AAM and
advances in aviation technology;
o Provide local jurisdictions with a guidebook and technical resources to support uniform planning and
zoning language across this state related to AAM and other advances in aviation technology;
o Conduct a review of airport hazard zone regulations;
o Coordinate with large hub airports to develop, fund, and enact projects to test and integrate AAM
concepts and their support systems; and
o Provide an AAM report to the Governor and the Legislature by October 15, 2025.
Provides that certain airports must competitively bid a contract for a vertiport operator for a public-use vertiport,
which operator will receive public funding for such operations.
Relating to airport regulations more generally, the bill:
Clarifies the definitions of “aircraft” and “airport” and deletes an unnecessary definition of “ultralight aircraft”.
Requires airport land use compatibility zoning regulations to “address”, rather than merely “consider”, the list of
things specified in statute.
Generally prohibits residential construction and educational facilities within a specified buffer zone adjacent to an
airport, if the airport has not conducted a noise study in order to better define adjacent areas that are
incompatible with residential construction and educational facilities.
Adds an exception to the buffer zone described above in order to allow residential property within the buffer zone
of a public-use airport that has as its sole runway a turf runway measuring less than 2,800 in length.
The bill will have an indeterminate negative fiscal impact on the state which the department can absorb within existing
resources. The bill will likely have an indeterminate positive fiscal impact on the private sector.
The bill provides an effective date of July 1, 2024.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
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FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Advanced Air Mobility (AAM)
The term AAM is defined in federal law as a transportation system that transports people and property
by air between two points in the United States using aircraft with advanced technologies, including
electric aircraft, or electric vertical takeoff and landing (eVTOL) aircraft, in both controlled and
uncontrolled airspace.1
Comparable with airports, AAM will be regulated by the Federal Aviation Administration (FAA). The
FAA is currently working with AAM stakeholders and engaging in rulemaking to enable AAM operations
in the United States. The FAA has acknowledged that it expects to refine this framework by 2028 in
order to integrate AAM systems and technology in the United States.2
AAM in Florida
Florida is a target market for early-stage AAM, and the AAM market is projected to reach more than $1
trillion by 2040.3 Therefore, the state of Florida, and specifically the Florida Department of
Transportation (FDOT), has made efforts to embrace and prepare for the integration of AAM systems.
For example, FDOT established an AAM working group of over 50 stakeholders to evaluate the
feasibility of AAM utilization in the state and continues to engage with stakeholders.4
Many stakeholders, such as Original Equipment Manufacturers (OEMs) and their infrastructure partners
are ready for early operations in Florida. Such entities include, but are not limited to, Archer, Beta,
Blade, Ferrovial Vertiports, Joby, Lilium, Skyports Infrastructure, Supernal, Vertical, Volocopter, Wisk,
and Mobility Reimagined.5
The entities such as Ferrovial and Skyports build, finance, and operate infrastructure specifically for
eVTOL, such as vertiports.6 Other entities, such as Blade, create platforms to allow passengers of
AAMs to book rides. Finally, as detailed in figure 1 below, other major entities have developed their own
unique AAM aircrafts. Benefits of these AAM aircrafts include, zero operating emissions and
significantly lower noise profile than a traditional aircraft.7
1 AAM Coordination and Leadership Act, Pub. L. No. 117-203, 136 Stat. 2227 (Oct. 17, 2022).
2 Federal Aviation Administration (FAA), AAM Implementation Plan, Near-term (Innovative 28) Focus with an Eye on the
Future of AAM Version 1.0, (July 2023), https://www.faa.gov/sites/faa.gov/files/AAM-I28-Implementation-Plan.pdf (last
visited Feb. 14, 2024).
3 FDOT, AAM Presentation, (Oct. 17, 2023),
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees& CommitteeId= 3250&S
ession=2024&DocumentType=Meeting+Packets&FileName=tms+10-17-23.pdf (last visited Feb. 14, 2024). See also
Morgan Stanley, Are Flying Cars Preparing for Tak eoff?,(Jan. 26, 2019),
ttps://www.morganstanley.com/ideas/autonomous-
aircraft#:~:text=The%20report%20projects%20a%20t otal,of% 20sectors%20along%20the%20way. (last visited Feb. 14,
2024).
4 FDOT, AAM Work ing Group Report Executive Summary, (August 2023),
https://fdotwww.blob.core.windows.net/sitefinity/docs/default -source/aviation/pdfs/fdot-aamwg-report -executive-s ummary--
-august-2023-final.pdf?s fvrsn=9ef90052_1 (last visited Feb. 14, 2024).
5 Supra note 3, at p. 5.
6 Vertiports are defined by the FAA as an area of land, or a structure, used or intended to be used, for electric, hydrogen,
and hybrid VTOL aircraft landings and takeoffs and includes associated buildings and facilities . FAA, Engineering Brief
105, Vertiport Design, (Sep. 21, 2022), https://www.faa.gov/sites/faa.gov/ files/eb-105-vertiports.pdf, p. 11 (last visited Feb.
14, 2024).
7 Florida House of Representatives, Transportation & Modals Subcommittee, AAM Industry Overview, (October 17. 2023),
https://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?PublicationType=Committees& CommitteeId= 3250&S
ession=2024&DocumentType=Meeting+Packets&FileName=tms+10-17-23.pdf (last visited Feb. 14, 2024).
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Figure 1: AAM Aircrafts8
Establishing a New Airport
Under Florida law, an owner or lessee of a proposed airport must, before site acquisition or
construction or establishment of the proposed airport, obtain approval of the airport site from FDOT.
Applications for approval of a site are made in a form and manner prescribed by FDOT.9
The following three steps are required for the airport application process in Florida:10
Step 1: Obtain Local Zoning or Receive Confirmation Local Zoning is Not Applicable
The applicant must receive and include a copy of all related correspondence from each city or county
authority, including a statement that the proposed airport site is in compliance with local zoning
requirements or that such requirements are not applicable.11
Step 2: Receive FAA Airspace Approval
The applicant must provide a copy of the notification to the FAA regarding the proposed airport site and
a copy of the FAA’s airspace approval correspondence given in response. 12
Step 3: Submit an Airport Site Approval Application to FDOT
The documentation that must accompany this application includes a copy of property rights; facility
8 Id.
9 S. 330.30(1)(a), F.S.
10 FDOT, Establishing a New Airport, Heliport or Seaplane Base,
https://www.fdot.gov/aviation/establishinganewairportheliportorseaplanebase (last visited Feb. 14, 2024).
11 R. 14-60.005, F.A.C
12 Id.
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diagram; geodetic location map; location map; a list of nearby aviation facilities and notification of the
proposed site to those airports; copies of notification letters to local governments; adjacent property
owner notification and public notice of the proposed airport; location of waste sites within a certain
distance from the airport; graphical depiction of the proposed air traffic patterns; confirmation that the
runway and taxiway design have taken into account manufacturer’s performance characteristics for the
types of aircraft planned to be operated; security factors taken to secure the airport site from
unauthorized access to safeguard airport and aircraft operations; and FAA approval. 13
After the above steps have been taken by the applicant, FDOT must grant approval if it is satisfied that:
The site has adequate area allocated for the airport as proposed;
The proposed airport will conform to licensing or registration requirements and will comply with
the applicable local government land development regulations or zoning requirements;
All affected airports, local governments, and property owners have been notified and any
comments submitted by them have been given adequate consideration; and
That safe air-traffic patterns can be established for the proposed airport with all existing airports
and approved airport sites in its vicinity.14
If the airport is public, then site approval must be granted after a favorable FDOT inspection of the
proposed site.15 If the airport is a private entity, then no inspection of the proposed site is required in
order to receive approval.16 Site approval may be granted subject to any reasonable conditions FDOT
deems necessary to protect the public health, safety, or welfare. 17
Approval as a public airport or a private airport must remain valid for 2 years after the date of issue
unless revoked by FDOT or unless a public airport license is issued or a private airport registration is
completed before the expiration date.18
FDOT may revoke an airport site approval if it determines that:
The site has been abandoned as an airport site;
The site has not been developed as an airport within a reasonable time period or development
does not comply with the conditions of the site approval;
Except as required for in-flight emergencies, aircraft have operated on the site; or
That the site is no longer usable for aviation purposes due to physical or legal changes in
conditions that were the subject of the approval granted. 19
FDOT must issue a license for a public airport if such airport was granted site approval and passes a
final airport inspection by FDOT that determines if the airport is in compliance with all requirements for
the license. The license may be subject to any reasonable conditions FDOT deems necessary to
protect the public health, safety, or welfare.20
FDOT must issue a license for a private airport if such airport was granted site approval and completes
the registration process. Registration must be completed upon self-certification by the registrant of
operational and configuration data deemed necessary by FDOT.21
Airport Land Use Compatibility Zoning Regulations
Political subdivisions must adopt, administer, and enforce airport land use compatibility zoning
regulations relating to airport hazard areas. The following are minimum requirements that political
subdivisions must consider in their airport land use compatibility zoning regulations: 22
13 Id.
14 S. 330.30(1)(a), F.S.
15 S. 330.30(1)(b), F.S.
16 S. 330.30(1)(c), F.S.
17 S. 330.30(1)(f), F.S.
18 S. 330.30(1)(g), F.S.
19 S. 330.30(1)(i), F.S.
20 S. 330.30(2)(a), F.S.
21 Id.
22 S. 333.03(2), F.S.
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The prohibition of new landfills and the restriction of existing landfills when such areas are:
o Within 10,000 feet from the nearest point of any runway used or planned to be used by
turbine aircraft.
o Within 5,000 feet from the nearest point of any runway used by only nonturbine aircraft.
o Outside the perimeters above, but still within the lateral limits of the civil airport
imaginary surfaces. Case-by-case review of such landfills is advised.
Where any landfill is located and constructed in a manner that attracts or sustains hazardous
bird movements from feeding, water, or roosting areas into, or across, the runways or approach
and departure patterns of aircraft. The landfill operator must incorporate bird management
techniques or other practices to minimize bird hazards to airborne aircraft.
Where an airport authority or other governing body operating a public-use airport has
conducted a noise study in accordance with 14 C.F.R. part 150, or where a public -use airport
owner has established noise contours pursuant to another public study accepted by the FAA,
the prohibition of incompatible uses, as established in the noise study in 14 C.F.R. part 150,
Appendix A or as a part of an alternative FAA-accepted public study, within the noise contours
established by any of these studies, except if such uses are specifically contemplated by such
study with appropriate mitigation or similar techniques described in the study.
Where an airport authority or other governing body operating a public-use airport has not
conducted a noise study, the mitigation of potential incompatible uses associated with
residential construction and any educational facility, with the exception of aviation school
facilities, within an area contiguous to the airport measuring one-half the length of the longest
runway on either side of and at the end of each runway centerline.
The restriction of new incompatible uses, activities, or substantial modifications to existing
incompatible uses within runway protection zones.
Effect of the Bill
Airports Generally
The bill amends the definition of “aircraft” and “airport” to specify particular types of aircraft and airports,
respectively, that are covered by the current definitions of each, in order to bring clarity to the public
regarding types of aircraft and airports that are subject to regulation. The bill further clarifies the
definition of “airport” by using the term “airport operations”, rather than “landing and takeoff of aircraft”,
in order to clearly cover operations such as taxiing on the runway. Additionally, the bill clarifies that the
definition of “airport” covers areas where aircraft operations occur, even if there is only a runway and no
associated buildings, facilities, etc. Lastly, the bill deletes the definition of “ultralight aircraft”, which is
unnecessary since the term is defined in federal law.
AAM
The bill specifies that the owner or lessee of a proposed vertiport must comply with requirements to
obtain site approval and requirements to obtain an airport license or registration. In conjunction with the
granting of site approval, FDOT must conduct a final physical inspection of the vertiport to ensure
compliance wi