Florida 2022 2022 Regular Session

Florida House Bill H1005 Analysis / Analysis

Filed 01/22/2022

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h1005.TIE 
DATE: 1/22/2022 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 1005    Advanced Air Mobility 
SPONSOR(S): Fischer 
TIED BILLS:   IDEN./SIM. BILLS: SB 728 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Tourism, Infrastructure & Energy Subcommittee  	Neuffer Keating 
2) Infrastructure & Tourism Appropriations 
Subcommittee 
   
3) Commerce Committee    
SUMMARY ANALYSIS 
The bill creates the Advanced Air Mobility Study Task Force (task force), adjunct to the Florida Department of 
Transportation (FDOT), to study the current state of development of the advanced air mobility industry and 
related laws and regulations. The bill instructs composition of the task force to include the FDOT secretary, or 
the secretary’s designee, as the chair. The bill sets forth additional members to be on the task force, either by 
designation within the bill or by appointment of the Governor. Appointed members serve at the pleasure of the 
respective appointing authority.  
 
The task force is directed to hold public hearings in locations throughout the state, or by electronic means, and 
receive public comments through a website or by email. Specifically, the task force must focus on: 
 The deployment of VTOL aircraft, defined within the bill as aircraft capable of taking off and landing 
vertically without the use of a runway. 
 Identification and discussion of federal requirements which must be met in order to deploy 
advanced air mobility in the state. 
 Recommendations for revisions to current state law which impact the advanced air mobility 
industry, such as revisions to create jurisdictional consistency for industry operations across the 
state. 
 Collaboration with local governments to evaluate potential integration of advanced air mobility into 
transportation plans.  
 
By October 1, 2023, the task force must submit its report of the findings and recommendations to the 
Governor, President of the Senate, and Speaker of the House. Any additional material which the task force 
deems appropriate may also be included in the report. Upon submission of the report, the task force is 
abolished.  
 
The bill does not impact state or local government revenues. The bill does not specify the source of funding or 
staffing for the task force. 
 
The bill provides for its expiration on December 31, 2023.   STORAGE NAME: h1005.TIE 	PAGE: 2 
DATE: 1/22/2022 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Vertical takeoff and landing (VTOL) aircraft are able to take off and land without the use of a runway. 
Their ability to maneuver in smaller spaces offers new opportunities for mobility. Electric VTOL 
(eVTOL) aircraft, offer the additional qualities of reduced environmental impact and noise pollution. 
EVTOL aircraft are large enough to carry passengers without conventional helicopter flight controls.
1
 
The aircraft uses electric propulsion to lift and move itself through the air. The current direction of the 
industry suggests the intended use of eVTOL aircraft for urban air mobility, drone delivery, and various 
industrial applications.
2
 
 
At present, VTOL aircraft, particularly eVTOL aircraft, remain in the developmental stage. The Federal 
Aviation Administration (FAA) has approved certain types of VTOL aircraft, such as helicopters, for 
commercial use. To date, no eVTOL aircraft have received final FAA approval. Agreements have been 
made between private entities and FAA for G1 certification, which is the first step towards final 
approval.
3
 It is unclear when the first eVTOL will receive final FAA certification, with Joby Aviation 
claiming it still has “several years of aircraft testing ahead of [it].”
4
   
 
One company, Lilium, has announced plans to build an eVTOL port in Lake Nona, Florida, with an 
estimated completion date of 2025.
5
 The City of Orlando has declared this site as the country’s first 
urban and regional air mobility network.
6
 Lilium’s goal is to connect more than 20 million Floridians 
within a 186-mile radius, serving several major cities, and create more than 100 jobs in the Orlando 
area with hundreds more following across the state. The company created a “vertiport” architecture for 
its newly proclaimed hub which it claims will offer functional and aesthetically unique characteristics 
that can easily be incorporated into existing transportation structures in both urban and suburban 
developments.
7
  
 
Effect of the Bill 
 
The bill creates the Advanced Air Mobility Study Task Force (task force), adjunct to the Florida 
Department of Transportation (FDOT), to study the advanced air mobility industry’s current state of 
development and related laws and regulations. Task force members are not provided compensation for 
their service but are entitled to receive reimbursement for per diem and travel expenses pursuant to s. 
112.061, F.S.
8
 The task force is composed of the following members: 
 The secretary of FDOT or the secretary’s designee, serving as chair of the task force. 
 One member of the Senate, appointed by the Senate President. 
 One member of the House of Representatives, appointed by the House Speaker. 
 The executive director of the Florida League of Cities or the director’s designee. 
 The executive director of the Florida Association of Counties or the director’s designee. 
 The president of Space Florida or the president’s designee. 
                                                
1
 See Vertical Flight Society, https://evtol.news/ (last visited January 21, 2022). 
2
 See NASA, Fixed Wing Angle eVTOL, https://technology.nasa.gov/patent/LAR-TOPS-338 (last visited January 21, 
2022). 
3
 See Archer Aviation, FAA Approves G-1 Certification Basis for Archer, Propelling it Forward on its Path to FAA Type 
Certification, GlobeNewswire (September 7, 2021), https://www.globenewswire.com/ (last visited January 20, 2022). 
4
 See Grace Nehls, Joby Aviation accelerates eVTOL aircraft certification, CompositesWorld (February 9, 2021), 
https://www.compositesworld.com/news/joby-aviation-accelerates-evtol-aircraft-certification (last visited January 21, 
2022). 
5
 See Lilium, Lilium partners with Tavistock development and City of Orlando to establish first region in the US,  
https://lilium.com/newsroom-detail/lilium-partners-with-tavistock-and-orlando (last visited January 21, 2022). 
6
 Id. 
7
 Id. 
8
 See s. 112.061, F.S. (governing per diem and travel expenses of public officers, employees, and authorized persons).  STORAGE NAME: h1005.TIE 	PAGE: 3 
DATE: 1/22/2022 
  
 Fourteen members appointment by the Governor, including: 
o Two members, each representing a different city having a population of more than 
250,000 persons. 
o One member representing a city having a population of fewer than 250,000 persons. 
o One member representing a metropolitan planning organization. 
o One member representing the State University System. 
o Three members representing the advanced air mobility industry. 
o Two members representing the business community. 
o One member representing an organization in the state which advocates for persons with 
disabilities. 
o One member representing an organization in the state which advocates for underserved 
transportation areas.  
o One member representing a public airport located in a county having a population of 
more than 1 million persons. 
o One member representing a public airport located in a county having a population of 
fewer than 1 million persons. 
 
All appointed members serve at the pleasure of the appointing authority. 
 
The task force is directed to hold public hearings in locations throughout the state, or by electronic 
means, and receive public comments through a website or by email. Specifically, the task force must 
focus on: 
 The deployment of VTOL aircraft, defined within the bill as aircraft capable of taking off and 
landing vertically without the use of a runway. 
 Identification and discussion of federal requirements which must be met to deploy advanced air 
mobility in the state. 
 Recommendations for revisions to current state law which impact the advanced air mobility 
industry, such as revisions to create jurisdictional consistency for industry operations across the 
state. 
 Collaboration with local governments to evaluate potential integration of advanced air mobility 
into transportation plans.  
 
After completion of its review, but before October 1, 2023, the task force must submit a report of its 
findings and recommendations to the Governor, President of the Senate, and Speaker of the House. 
Any additional material which the task force deems appropriate may also be included in the report. 
Upon submission of the report, the task force is abolished.  
 
The bill provides for its expiration on December 31, 2023. 
 
 
B. SECTION DIRECTORY: 
Section 1 Creates the Advanced Air Mobility Study Task Force; providers for membership and 
duties. 
 
Section 2 Provides an effective date. 
   STORAGE NAME: h1005.TIE 	PAGE: 4 
DATE: 1/22/2022 
  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
Indeterminate. See Fiscal Comments. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None.  
 
D. FISCAL COMMENTS: 
The bill does not specify the source of funding or staffing for the task force.  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditures of funds; reduce the authority that counties or municipalities have 
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The bill does not require or authorize rulemaking. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
The bill does not specify if FDOT will assume responsibility for the expenses incurred by the task force 
and its members.  
 
Clarification as to the type of electronic meetings permitted would allow a better understanding of in-
person meeting alternatives for members of the task force and the public.  
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.