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 Rules
BILL: CS/SB 728
INTRODUCER: Rules Committee and Senator Harrell
SUBJECT: Advanced Air Mobility
DATE: February 15, 2022
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Price Vickers TR Favorable
2. Hackett Ryon CA Favorable
3. Price Phelps RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 728 creates the Advanced Air Mobility Study Task Force adjunct to the Florida
Department of Transportation (FDOT). The bill directs the FDOT secretary, or the secretary’s
designee, to serve as chair of the task force and provides for additional members, either by
identification or by appointment. Appointed members serve at the pleasure of the specified
appointing authority. Task force members serve without compensation but are entitled to receive
reimbursement for reasonable and necessary per diem and travel.
The bill directs the task force to meet as determined by the task force chair, hold public hearings,
and receive public comment in locations throughout the state, or by electronic means, provided
that a means for active participation is accommodated. The task force is directed to:
Assess and describe the current state of development of the advanced air mobility industry,
specifically, the deployment of electric vertical takeoff and landing eVTOL aircraft, defined
in the bill as “a type of aircraft that uses electric power to hover, take off, and land vertically
without a runway.”
Identify federal, state, and local laws, rules, regulations, and other requirements that may
impact the development of the advanced air mobility industry in this state, including the
potential deployment of eVTOL aircraft and infrastructure.
Recommend revisions to current state law and regulations necessary to facilitate the
continued development of the advanced air mobility industry and deployment of eVTOL
aircraft and infrastructure in this state.
Evaluate the potential integration of advanced air mobility into transportation plans.
REVISED: BILL: CS/SB 728 Page 2
By October 1, 2023, the task force is directed to submit to the Governor, the Senate President,
and the House Speaker a report including the information, findings, and recommendations
required as described above, as well as any other relevant material deemed appropriate by the
task force. The task force is abolished upon submission of the report, and the undesignated
section of law expires on December 31, 2023.
The fiscal impact to the FDOT is unknown but expected to be absorbed within existing
resources. See the “Fiscal Impact Statement” for details.
The bill takes effect July 1, 2022.
II. Present Situation:
Federal Aviation Administration Certification
Electric VTOL aircraft use in the public arena is being pursued by a number of business entities,
in the United States and elsewhere. The ability of these aircraft to hover, take-off, and land
without the use of a runway offers an additional option for mobility, and eVTOL aircraft offer
additional environmental benefits, such as reduced air pollutants. This type of aircraft, however,
remains in the development stage. To date, the Federal Aviation Administration (FAA) has not
certified any eVTOL aircraft for commercial passenger transportation. As described by one pilot
author, certification has been the “elephant in the room” for any company competing to get into
the air taxi business.
1
The FAA has entered into agreements with eVTOL aircraft developers which set out what are
known as G1 certification conditions their aircraft must meet to be certified for commercial
operations.
2
However, whether any eVTOL aircraft is nearing actual FAA certification is
unclear, as the G1 certification is just an initial phase of the process.
3
One company undergoing
the process asserts that the industry still has “several years of aircraft testing ahead of us.”
4
On the other hand, another company has announced aggressive plans to establish a regional air
mobility network in Lake Nona, Florida, by 2025 in partnership with the City of Orlando, using
the company’s high-speed eVTOL jet aircraft. The company intends to establish a network of
“vertiports,”
5
allowing the connection of “more than 20 million Floridians within a 186-mile
1
See evtol.com, EASA and FAA eVTOL standards: Two approaches, one objective, available at
https://evtol.com/opinions/easa-faa-evtol-standards/ (last visited January 28, 2022).
2
See Aviation Today, Joby Agrees to eVTOL Certification requirements with the FAA, February 9, 2021, available at Joby
Agrees to eVTOL Certification Requirements with FAA - Aviation Today; CompositesWorld, FAA approves G-1
Certification Bases for Archer, September 9, 2021, available at FAA approves G-1 Certification Basis for Archer |
CompositesWorld; and lilium.com, Certifying the Lilium Jet and its operations, under “Aircraft Certification,” available at
Certifying the Lilium Jet and its operations (last visited January 28, 2022).
3
See evtol.com, Archer claims to have FAA certification basis for its eVTOL aircraft, September 7, 2021, available at
https://evtol.com/news/archer-secures-faa-certification-basis-for-its-evtol-aircraft/ (last visited January 28, 2022).
4
See CompositesWorld, Joby Aviation accelerates eVTOL aircraft certification, February 9, 2021 (last visited January 28,
2022).
5
“A type of airport for aircrafts which land and take off vertically.” See The Free Dictionary, available at Vertiport -
definition of vertiport by The Free Dictionary (last visited January 28, 2022). BILL: CS/SB 728 Page 3
radius, serving several major cities including Orlando and Tampa
6
A visual graphic of the
proposed network suggests eventually-intended location of vertiports over a broad swath of the
entire state.
7
The company reportedly has plans to offer “a 24-minute trip for $170.”
8
Whether FAA certification of VTOL aircraft for commercial passenger transportation is
imminent may be unclear, but at least one company is actively engaged in seeking to establish a
network here in Florida using eVTOL aircraft. Additionally, Miami-Dade County is reportedly
working on development of an implementation plan for an Urban Air Mobility System “to
accommodate in-city airborne emergency services, traffic monitoring and management, public
safety, cargo, and, yes, individual passenger travel and public transport within the county’s
boundaries.”
9
III. Effect of Proposed Changes:
The bill creates an undesignated section of law creating the Advanced Air Mobility Study Task
Force adjunct to the FDOT.
10
The FDOT task force is composed of the following members:
The FDOT secretary or the secretary’s designee, who serves as chair.
One member of the Senate appointed by the Senate President.
One member of the House 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.
Appointed by the Governor:
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 One member representing an organization in this state that advocates for persons with
disabilities.
o Two members representing the business community.
6
See lilium.com, Lilium partners with Tavistock development and City of Orland to establish first region in the US, available
at Lilium partners with Tavistock development and City of Orlando to establish first region in the US - Lilium (last visited
January 28, 2022).
7
Id.
8
See Aviation Today, Lilium to Launch New Electric Air Mobility Network in Florida, November 14, 2020, available at
Lilium to Launch New Electric Air Mobility Network in Florida - Aviation Today (last visited January 28, 2022).
9
See Florida Politics, Miami-Dade brain trust to examine in-city flying cars, cargo in “Urban Air Mobility System, available
at Miami-Dade brain trust to examine in-city flying cars, cargo in 'Urban Air Mobility System' (floridapolitics.com) (last
visited January 28, 2022).
10
The bill defines the term “task force” as set forth in s. 20.03(8), F.S., which is “an advisory body…created by specific
statutory enactment for a time not to exceed 3 years and appointed to study a specific problem and recommend a solution or
policy alternative with respect to that problem. Its existence terminates upon the completion of its assignment.” Section
20.052, F.S., specifies requirements for the establishment, evaluation, and maintenance of certain bodies created by specific
statutory enactment as an adjunct to an executive agency. Except as otherwise provided in the bill, the bill requires the task
force to operate in a manner consistent with s. 20.052, F.S. BILL: CS/SB 728 Page 4
o One member representing an organization in this state that 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.
Appointed members serve at the pleasure of the appointing authority and without compensation,
but are entitled to receive reimbursement for reasonable and necessary per diem and travel
expenses incurred in the performance of their duties. The bill directs the FDOT to provide staff,
assistance, and facilities as deemed necessary for the task force to perform its duties and
specifies that funding for the task force will be paid from the State Transportation Trust Fund.
11
The task force is directed to meet at the time and location as determined by the chair, to hold
public hearings in locations throughout the state, or by electronic means, such as teleconference,
provided that a means for active participation is accommodated. The task force is required to:
Assess and describe the current state of development of the advanced air mobility industry,
specifically, deployment of eVTOL aircraft, defined for purposes of the undesignated section
of law as “a type of aircraft that uses electric power to hover, take off, and land vertically
without of a runway;”
Identify federal, state, and local laws, rules, regulations, and other requirements that may
impact the development of the advanced air mobility industry in this state, including the
potential deployment of eVTOL aircraft and infrastructure;
Recommend any revisions to current state laws and regulations necessary to facilitate the
continued development of the advanced air mobility industry and deployment of eVTOL
aircraft and infrastructure in this state; and
Evaluate potential integration of advanced air mobility into local government transportation
plans.
By October 1, 2023, the task force is directed to submit to the Governor, the Senate President,
and the House Speaker a report including the information, findings, and recommendations
described above, as well as any other relevant material deemed appropriate by the task force. The
task force is abolished upon submission of the report.
The undesignated section of law expires on December 31, 2023.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
11
This trust fund is created in s. 206.46, F.S. BILL: CS/SB 728 Page 5
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Private sector members of the task force may incur expenses during the course of
participation but are entitled to reimbursement for reasonable and necessary per diem and
travel expenses.
C. Government Sector Impact:
Government sector members of the task force may incur expenses during the course of
participation but are entitled to reimbursement for reasonable and necessary per diem and
travel expenses.
The FDOT will incur expenses associated with:
Reimbursement of member per diem and travel expenses;
Providing staff, assistance, and facilities for the task force;
Conducting public hearings, receiving public comments, and preparing the report.
The total amount of these expenses, to be paid from the State Transportation Trust Fund,
is unknown but is expected to be absorbed within the FDOT’s existing resources.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
The bill creates an undesignated section of law. BILL: CS/SB 728 Page 6
IX. Additional Information:
A. Committee Substitute – Statement of Substantial Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
CS by Rules on February 15, 2022:
The committee substitute:
Clarifies that task force reimbursement for per diem and travel must be for reasonable
and necessary expenses;
Revises every occurrence of the term, “VTOL,” to “eVTOL,” to reflect industry
efforts toward development and deployment of electric VTOL aircraft;
Revises the definition of the term, “eVTOL,” to add hovering to the definition; and
Revises the task force’s duties to provide additional specificity.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.