The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Fiscal Policy
BILL: CS/CS/CS/SB 1362
INTRODUCER: Fiscal Policy Committee; Appropriations Committee on Transportation, Tourism, and
Economic Development; Transportation Committee; and Senator Harrell
SUBJECT: Aviation
DATE: February 23, 2024 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Johnson Vickers TR Fav/CS
2. Nortelus Jerrett ATD Fav/CS
3. Johnson Yeatman FP Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/CS/CS/SB 1362 addresses issues relating to aviation and advanced air mobility. The bill:
Revises definitions for “aircraft” and “airport.”
Repeals the definition of “ultralight aircraft.”
Requires vertiports to comply with airport site approval and airport licensing or registration
laws.
Requires the Florida Department of Transportation (FDOT) to take specified steps regarding
advanced air mobility, including:
o Address certain needs in the FDOT’s statewide aviation system plan and, as appropriate,
in the FDOT’s work program.
o Designate a subject matter expert on advanced air mobility to serve as a resource to local
jurisdictions.
o Provide a guidebook and technical resources related to advanced air mobility to local
jurisdictions.
o Ensure that a political subdivision does not exercise its zoning or land use authority to
grant an exclusive right to one or more vertiport owners or operators and authorize a
political subdivision to use its authority to promote reasonable access to advanced air
mobility operators at public use vertiports.
o Conduct a review of airport hazard zone regulations and make recommendations to the
Legislature.
BILL: CS/CS/CS/SB 1362 Page 2
Requires airport land use compatibility zoning regulations to “address”, rather than
“consider”, issues 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 to allow residential property within the buffer zone of a
public-use airport meeting specified requirements.
Reenacts various provisions to incorporate changes made by the bill.
The bill has an indeterminate, negative fiscal impact to the FDOT. See Section V., Fiscal Impact
Statement.
The bill takes effect July 1, 2024.
II. Present Situation:
Currently, Florida law does not address vertiports or advanced air mobility.
Advanced Air Mobility
The National Aeronautics and Space Administration (NASA) defines the term “Advanced Air
Mobility” (AAM) to mean “an air transportation system that moves people and cargo between
places previously not served or underserved by aviation – local, regional, intraregional, urban –
using revolutionary new aircraft that are only just now becoming possible.”1
AAM is a derivative of Urban Air Mobility (UAM), which focuses on transporting cargo and
passengers at low altitudes within urban and suburban areas. AAM builds upon UAM by
expanding its range and potential use cases.2
Numerous uses for AAM are being explored, including air taxi, air cargo, and public services.
Air taxi uses feature passenger transportation within and around urban and regional areas,
including routes connecting city centers to airports or to neighboring city centers. Air cargo uses
feature cargo transportation supporting the middle-mile of logistics, generally seen as from the
cargo port to the distribution center. Public service uses, such as search and rescue, disaster
relief, and air ambulance operations are all likely early use cases for electric vertical take-off and
landing (eVTOL) aircraft.3
Federal Guidance
In 2022, the Federal Aviation Administration (FAA) issued Engineering Brief 105, providing
interim, but limited, guidance on vertiport design until the FAA publishes full Advisory Circular
1
Florida Department of Transportation (FDOT), Advanced Air Mobility, https://www.fdot.gov/aviation/advanced-air-
mobility (last visited January 8, 2024).
2
FDOT Advanced Air Mobility Working Group, Report and Recommendations, August 2023, p.2.
https://www.fdot.gov/aviation/advanced-air-mobility (last visited January 12, 2024).
3
Id. at 2.
BILL: CS/CS/CS/SB 1362 Page 3
on the topic.4 Use of this design guidance is required for federally obligated airports and
recommended for all other vertiport development. The engineering brief provides guidance for
landing dimensions, visual aids, approach surfaces, and electric charging infrastructure, among
other details, but is limited to aircraft no longer or wider than 50 feet with a pilot-on-board
operating in visual meteorological conditions. The FAA’s vertiport guidance is expected to
evolve into a performance-based design standard as it moves forward with a full Advisory
Circular, which expected in the mid-2020s.5
Title 14 CFR Part 77, relating to the safe, efficient use, and preservation of navigable airspace,
establishes standards and notification requirements for objects affecting navigable airspace. This
notification serves as the basis for:
Evaluating the effect of the construction or alteration on operating procedures;
Determining the potential hazardous effect of the proposed construction on air navigation;
Identifying mitigating measures to enhance safe air navigation; and
Charting of new objects.
Notification allows the FAA to identify potential aeronautical hazards in advance thus preventing
or minimizing the adverse impacts to the safe and efficient use of navigable airspace.6
Florida Department of Transportation’s AAM Working Group
In 2022, the Florida Department of Transportation (FDOT) established an AAM Working Group
consisting of representatives of from the FAA, original equipment manufacturers, airports, local
governments, the FDOT, and other industry stakeholders.7 The working group developed various
recommendations regarding AAM, included in those recommendations are:
Designate an AAM subject matter expert within the FDOT.
Review airport hazard regulations and update those regulations as appropriate.
Incorporate AAM into state transportation planning documents.
Lead a statewide education campaign for local decision makers and a public awareness
campaign for the general public.
Florida Airport Licensing Law
Sections 330.27 through 330.39, F.S., contain the Florida Airport Licensing Law.8 For purposes
of the Florida Airport Licensing Law, the term:
“Aircraft” means a powered or unpowered machine or device capable of atmospheric flight,
except a parachute or other such device used primarily as safety equipment.9
4
Available at https://www.faa.gov/sites/faa.gov/files/eb-105-vertiports.pdf (last visited January 12, 2024).
5
Id.
6
Federal Aviation Administration (FAA), Notification of Proposed Construction or Alteration on Airport Part 77, available
at
https://www.faa.gov/airports/central/engineering/part77#:~:text=Federal%20Regulation%20Title%2014%20Part%2077%20e
stablishes%20standards,effect%20of%20the%20proposed%20construction%20on%20air%20navigation (last visited
February 8, 2024).
7
Supra note 2 at 1.
8
Section 330.39, F.S.
9
Section 330.27(1), F.S.
BILL: CS/CS/CS/SB 1362 Page 4
“Airport” means an area of land or water used for, or intended to be used for, landing and
takeoff of aircraft, including appurtenant areas, buildings, facilities, or rights-of-way
necessary to facilitate such use or intended use.10
“Ultralight aircraft” means any aircraft meeting the criteria established by part 103 of the
Federal Aviation Regulations.11
Airport Site Approval
Except as exempted by law,12 the owner or lessee of a proposed airport must, before site
acquisition or construction or establishment of the proposed airport, obtain FDOT’s approval of
the airport site. FDOT must grant the site approval if it is satisfied:
That the site has adequate area allocated for the proposed airport.
That the proposed airport will conform to licensing or registration requirements and will
comply with the applicable local government land development regulations or zoning
requirements.
That all affected airports, local governments, and property owners have been notified and any
submitted comments have been adequately considered.
That safe air-traffic patterns can be established for the proposed airport with all existing
airports and approved airport sites in its vicinity.13
For public airports,14 FDOT may only grant site approval after inspection of the proposed airport
site.15 For private airports16 or temporary airports,17 FDOT may only grant site approval after it
receives the documentation it deems necessary to satisfy the conditions above.18
Airport Licensing or Registration
Except as provided, the owner or lessee of an airport must have a public airport license, private
airport registration, or temporary airport registration before operating aircraft to or from the
airport.19 A license for a public airport is granted after final inspection finds the airport in
compliance with all licensure requirements.20
For private airports obtaining an airport registration, upon granting site approval, FDOT must
provide controlled electronic access to the state aviation facility data system to permit the
10
Section 330.27(2), F.S.
11
Section 330.27(8), F.S.
12
Exemptions from airport license and registration include airports owned by the United States, certain ultralight aircraft
landing areas, certain helistops, and certain airports used for the aerial application or spraying of crops. See s. 330.30(3), F.S.
13
Section 330.30(1)(a), F.S.
14
Section 330.27(6), F.S., defines the term public airport” to mean an airport, publicly or privately owned, which is open for
use by the public.
15
Section 339.30(2)(c), F.S.
16
Section 330.27(5), F.S., defines the term “private airport” to mean an airport, publicly or privately owned, which is not
open or available for use by the public, but may be made available to others by invitation of the owner or manager.
17
Section 330.27(7), F.S., defines the term “temporary airport” to mean an airport at which flight operations are conducted
under visual flight rules established by the Federal Aviation Administration and which is used for less than 30 consecutive
days with no more than 10 operations per day.
18
Section 330.30(2)(c) and (d), F.S.
19
Section 330.30(2)(a), F.S.
20
Section 330.30(2)(a)1, F.S.
BILL: CS/CS/CS/SB 1362 Page 5
applicant to complete the registration process. Registration is completed upon self-certification
by the registrant of operational and configuration data deemed necessary by FDOT.21
For public airports,22 FDOT may only grant site approval after inspection of the proposed airport
site.23 For private airports,24 FDOT may only grant site approval after it receives the
documentation it deems necessary to satisfy the conditions above.25
Airport Licenses and Registration
Except as provided, the owner or lessee of an airport must have a public airport license, private
airport registration, or temporary airport registration before operating aircraft to or from the
airport.26 A license for a public airport is granted after final inspection finds the airport in
compliance with all licensure requirements.27
For private airports obtaining a registration, upon granting site approval, FDOT must provide
controlled electronic access to the state aviation facility data system to permit the applicant to
complete the registration process. Registration is completed upon self-certification by the
registrant of operational and configuration data deemed necessary by FDOT.28
Airport Land Use Compatibility Zoning Regulations
Under Florida law, 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:
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,29 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,
21
Section 330.30(2)(a)2., F.S.
22
Section 330.27(6), F.S., defines the term public airport” to mean an airport, publicly or privately owned, which is open for
use by the public.
23
Section 339.30(2)(c), F.S.
24
Section 330.27(5), F.S., defines the term “private airport” to mean an airport, publicly or privately owned, which is not
open or available for use by the public, but may be made available to others by invitation of the owner or manager.
25
Section 330.30(2)(c) and (d), F.S.
26
Section 330.30(2)(a), F.S.
27
Section 330.30(2)(a)1, F.S.
28
Section 330.30(2)(a)2., F.S.
29
Noise studies are in accordance with 14 C.F.R. part 150.
BILL: CS/CS/CS/SB 1362 Page 6
as established in the noise study 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. 30
III. Effect of Proposed Changes:
Definitions
The bill amends various definitions to provide better clarity and specificity. For example, the bill
amends the definition of the term “aircraft” to include, but not be limited to, an airplane,
autogyro, glider, gyrodyne, helicopter, lift and cruise, multicopter, paramotor, powered lift,
seaplane, tiltrotor, ultralight, and vectored thrust.
The bill also amends the definition of term “airport” to include, but not be limited to, an airpark,
airport, gliderport, heliport, helistop, seaplane base, ultralight flightpark, vertiport, and vertistop.
The bill repeals the statutory definition of the term “ultralight aircraft”, which is unnecessary
since the term is defined in federal law.
Vertipor