F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 349 2023
1 A bill to be entitled
2 An act relating to vertiports; creating s. 332.15,
3 F.S.; providing legislative intent; providing
4 definitions; requiring the Department of
5 Transportation to take certain actions regarding
6 vertiports; providing applicability; providing design
7 and layout plan requirements for vertiport owners;
8 providing limitations regarding the exercise of a
9 political subdivision's zoning and land use authority
10 in regulating vertiports; providing construction;
11 providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Section 332.15, Florida Statutes, is created to
16 read:
17 332.15 Vertiports.—
18 (1) It is the intent of the Legislature to promote the
19 development of a network of vertiports which will provide
20 residents of this state with equitable access to advanced air
21 mobility operations for passenger and cargo services.
22 (2) As used in this section, the term:
23 (a) "Advanced air mobility" means an air transport system
24 that integrates new, transformational aircraft designs,
25 including vertical takeoff and landing (VTOL) aircraft, and
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26 flight technologies to transport passengers and cargo to
27 locations not traditionally served by current modes of air
28 transportation, including rural areas and challenging and
29 complex urban environments.
30 (b) "Department" means the Department of Transportation.
31 (c) "Vertiport" means an infrastructure or a system with
32 supporting services and equipment intended for landing, ground-
33 handling, and takeoff of manned or unmanned VTOL aircraft.
34 (3) To increase public access to advanced air mobility
35 operations and to avoid vertiport monopolization or
36 discrimination, the department shall do all of the following:
37 (a) Subject to the appropriation of funds for such purpose
38 by the Legislature, fund the planning and construction of
39 public-use vertiports.
40 (b) Encourage local zoning boards and other land use
41 authorities to ensure that an adequate number of vertiports are
42 constructed in this state and are strategically placed to
43 provide equitable access for all residents.
44 (c) Promote competition and equitable access by
45 prohibiting the granting of an exclusive right to one or more
46 vertiport owners or operators or to vertiport operators at one
47 or more vertiports.
48 (4) This section applies to any vertiport in this state
49 which is available for public use by any advanced air mobility
50 operator authorized by the United States Department of
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51 Transportation or the Federal Aviation Administration to engage
52 in passenger or cargo services in scheduled or nonscheduled
53 service in or affecting interstate commerce.
54 (5) To operate in this state, the owner of each vertiport
55 subject to this section must do all of the following:
56 (a) Ensure that the vertiport complies with the Federal
57 Aviation Administration's regulations and guidance relating to
58 vertiport design and performance standards.
59 (b) Submit a vertiport layout plan to the administrator of
60 the Federal Aviation Administration in the form and manner
61 determined by the administrator. Aircraft operations may not be
62 conducted at the vertiport until the plan is approved.
63 (6) A political subdivision as defined in s. 333.01 may
64 not exercise its zoning and land use authority to grant or allow
65 an exclusive right to one or more vertiport owners or operators
66 but may use such authority to promote reasonable access to
67 advanced air mobility operations at vertiports.
68 (7) This section is intended to supplement any provision
69 of federal law pertaining to the design, construction,
70 operation, or maintenance of a vertiport designed or constructed
71 with a grant under 49 U.S.C. ss. 47101 et seq. If any provision
72 of this section is found to be in conflict with federal law,
73 federal law supersedes this section to the extent of the
74 conflict.
75 Section 2. This act shall take effect July 1, 2023.
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