Florida Senate - 2023 SB 1122

By Senator Harrell

31-00173-23 20231122__
1 A bill to be entitled
2 An act relating to vertiports; creating s. 332.15,
3 F.S.; providing legislative intent; defining terms;
4 requiring the Department of Transportation to take
5 certain actions regarding vertiports; providing
6 applicability; providing design and layout plan
7 requirements for vertiport owners; providing
8 limitations regarding the exercise of a political
9 subdivision’s zoning and land use authority in
10 regulating vertiports; providing construction;
11 providing an effective date.
13 Be It Enacted by the Legislature of the State of Florida:
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
26 flight technologies to transport passenger 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 prohibiting
45 the granting of an exclusive right to one or more vertiport
46 owners or operators or to vertiport operators at one or more
47 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
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 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 not
64 exercise its zoning and land use authority to grant or allow an
65 exclusive right to one or more vertiport owners or operators but
66 may use such authority to promote reasonable access to advanced
67 air mobility operators at vertiports.
68 (7) This section is intended to supplement any provision of
69 federal law pertaining to the design, construction, operation,
70 or maintenance of a vertiport designed or constructed with a
71 grant under 49 U.S.C. ss. 47101 et seq. If any provision of this
72 section is found to be in conflict with federal law, federal law
73 supersedes this section to the extent of the conflict.
74 Section 2. This act shall take effect July 1, 2023.