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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
A bill to be entitled 1
An act relating to aviation; amending s. 330.27, F.S.; 2
revising definitions; amending s. 330.30, F.S.; 3
requiring the owner or lessee of a proposed vertiport 4
to comply with specified requirements; requiring the 5
Department of Transportation to conduct a specified 6
inspection of a vertiport; creating s. 332.15, F.S.; 7
providing legislative intent; providing duties of the 8
department, within specified resources, with re spect 9
to vertiports, advanced air mobility, and other 10
advances in aviation technology; requiring a report to 11
the Governor and Legislature; providing report 12
requirements; requiring certain airports to 13
competitively bid vertiport operator contracts; 14
amending s. 333.03, F.S.; revising requirements for 15
the adoption of airport land use compatibility zoning 16
regulations; providing an effective date. 17
18
Be It Enacted by the Legislature of the State of Florida: 19
20
Section 1. Subsections (1), (2), and (8) of sect ion 21
330.27, Florida Statutes, are amended to read: 22
330.27 Definitions, when used in ss. 330.29 -330.39.— 23
(1) "Aircraft" means a powered or unpowered machine or 24
device capable of atmospheric flight, including, but not limited 25
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to, an airplane, autogyro, g lider, gyrodyne, helicopter, lift 26
and cruise, multicopter, paramotor, powered lift, seaplane, 27
tiltrotor, ultralight, and vectored thrust. The term does not 28
include except a parachute or other such device used primarily 29
as safety equipment. 30
(2) "Airport" means an area of land or water used for, or 31
intended to be used for, landing and takeoff of aircraft 32
operations, which may include including appurtenant areas, 33
buildings, facilities, or rights -of-way necessary to facilitate 34
such use or intended use , if any exist. The term includes, but 35
is not limited to, an airpark, airport, gliderport, heliport, 36
helistop, seaplane base, ultralight flightpark, vertiport, and 37
vertistop. 38
(8) "Ultralight aircraft" means any aircraft meeting the 39
criteria established by part 1 03 of the Federal Aviation 40
Regulations. 41
Section 2. Subsections (3) and (4) of section 330.30, 42
Florida Statutes, are renumbered as subsections (4) and (5), 43
respectively, paragraph (a) of subsection (1), paragraph (a) of 44
subsection (2), and present subse ction (4) are amended, and a 45
new subsection (3) is added to that section, to read: 46
330.30 Approval of airport sites; registration and 47
licensure of airports. — 48
(1) SITE APPROVALS; REQUIREMENTS, EFFECTIVE PERIOD, 49
REVOCATION.— 50
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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
(a) Except as provided in s ubsection (4) (3), the owner or 51
lessee of a proposed airport shall, before site acquisition or 52
construction or establishment of the proposed airport, obtain 53
approval of the airport site from the department. Applications 54
for approval of a site shall be made in a form and manner 55
prescribed by the department. The department shall grant the 56
site approval if it is satisfied: 57
1. That the site has adequate area allocated for the 58
airport as proposed. 59
2. That the proposed airport will conform to licensing or 60
registration requirements and will comply with the applicable 61
local government land development regulations or zoning 62
requirements. 63
3. That all affected airports, local governments, and 64
property owners have been notified and any comments submitted by 65
them have been given adequate consideration. 66
4. That safe air-traffic patterns can be established for 67
the proposed airport with all existing airports and approved 68
airport sites in its vicinity. 69
(2) LICENSES AND REGISTRATIONS; REQUIREMENTS, RENEWAL, 70
REVOCATION.— 71
(a) Except as provided in subsection (4) (3), the owner or 72
lessee of an airport in this state shall have a public airport 73
license, private airport registration, or temporary airport 74
registration before the operation of aircraft to or from th e 75
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airport. Application for a license or registration shall be made 76
in a form and manner prescribed by the department. 77
1. For a public airport, upon granting site approval, the 78
department shall issue a license after a final airport 79
inspection finds the ai rport to be in compliance with all 80
requirements for the license. The license may be subject to any 81
reasonable conditions the department deems necessary to protect 82
the public health, safety, or welfare. 83
2. For a private airport, upon granting site approva l, the 84
department shall provide controlled electronic access to the 85
state aviation facility data system to permit the applicant to 86
complete the registration process. Registration shall be 87
completed upon self-certification by the registrant of 88
operational and configuration data deemed necessary by the 89
department. 90
3. For a temporary airport, the department must publish 91
notice of receipt of a completed registration application in the 92
next available publication of the Florida Administrative 93
Register and may not approve a registration application less 94
than 14 days after the date of publication of the notice. The 95
department must approve or deny a registration application 96
within 30 days after receipt of a completed application and must 97
issue the temporary airport registration concurrent with the 98
airport site approval. A completed registration application that 99
is not approved or denied within 30 days after the department 100
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receives the completed application is considered approved and 101
shall be issued, subject to such reasonable conditions as are 102
authorized by law. An applicant seeking to claim registration by 103
default under this subparagraph must notify the agency clerk of 104
the department, in writing, of the intent to rely upon the 105
default registration provision of this subparagraph and may not 106
take any action based upon the default registration until after 107
receipt of such notice by the agency clerk. 108
(3) VERTIPORTS.—On or after July 1, 2024, the owner or 109
lessee of a proposed vertiport must comply with subsection (1) 110
in obtaining site approval and subsection (2) in obtaining an 111
airport license or registration. In conjunction with the 112
granting of site approval, the department must conduct a final 113
physical inspection of the vertiport to ensure compliance with 114
all the requirements for airport licensure or registration. 115
(5)(4) EXCEPTIONS.—Private airports with 10 or more based 116
aircraft may request to be inspected and licensed by the 117
department. Private airports licensed according to this 118
subsection shall be considered privat e airports as defined in s. 119
330.27 s. 330.27(5) in all other respects. 120
Section 3. Section 332.15, Florida Statutes, is created to 121
read: 122
332.15 Advanced air mobility. — 123
(1) It is the intent of the Legislature to promote the 124
development of vertical ta keoff and landing aircraft and 125
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vertiports that will provide residents and visitors of this 126
state with access to advanced air mobility operations. 127
(2) The Department of Transportation shall, within the 128
resources provided pursuant to chapter 216: 129
(a) Address the need for vertiports, advanced air 130
mobility, and other advances in aviation technology in the 131
statewide aviation system plan as required under s. 332.006(1) 132
and, as appropriate, in the department's work program. 133
(b) Serve as a resource for local jurisdictions and 134
developers and operators of vertical takeoff and landing 135
aircraft and vertiports. 136
(c) Designate a subject matter expert on advanced air 137
mobility within the department to serve as a resource for local 138
jurisdictions navigating advances in aviation technology, 139
including vertical takeoff and landing aircraft and 140
electrification of aviation. 141
(d) Lead a statewide education campaign for local 142
officials to provide education on the benefits of advanced air 143
mobility and advances in aviation tech nology and to support 144
efforts to make this state a leader in aviation technology. 145
(e) Provide local jurisdictions with a guidebook and 146
technical resources to support uniform planning and zoning 147
language across this state related to advanced air mobility and 148
other advances in aviation technology. 149
(f) Conduct a review of airport hazard zone regulations 150
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and, as needed, make recommendations to the Legislature 151
proposing any changes to regulations as a result of the review. 152
(g) Coordinate with large hub air ports, as defined in 49 153
U.S.C. s. 47102, located in this state to develop, fund, and 154
enact projects to test and integrate advanced air mobility 155
concepts and their support systems. 156
(h) By October 15, 2025, provide to the Governor, the 157
President of the Sen ate, and the Speaker of the House of 158
Representatives a report describing all of the following: 159
1. The status of the advanced air mobility industry 160
nationwide and of charging and fueling capabilities. 161
2. Current and proposed airports where advanced air 162
mobility operations are occurring or will occur. 163
3. Advances in aviation technology relating to advanced 164
air mobility. 165
4. The status of federal regulations relevant to vertical 166
takeoff and landing aircraft and vertiports, including any 167
updates to 14 C.F.R. part 77 or other relevant federal 168
regulations. 169
5. Recommendations for ways, including potential statutory 170
changes, to facilitate land use compatibility around vertiports. 171
6. Advanced air mobility best practices. 172
7. Recommendations for increased department personnel to 173
accommodate necessary inspections of advanced air mobility 174
operations. 175
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8. Recommendations for ways, including potential statutory 176
changes, to incorporate advanced air mobility in the 177
department's Strategic Intermodal System. 178
9. Ways the department may use, promote, and further 179
advanced air mobility for the public good, including, but not 180
limited to, medical transportation, emergency services, law 181
enforcement, and disaster relief. 182
10. The future infrastructure needed to support and 183
further advanced air mobility operations. 184
(3) An airport owned by a municipality which seeks a 185
vertiport operator for a public -use vertiport, which operator 186
will receive public funding for such operations, must contract 187
with an operator selected thro ugh a competitive bidding process 188
under chapter 287 in compliance with the municipality's 189
ordinances relating to procurement. 190
Section 4. Subsection (2) of section 333.03, Florida 191
Statutes, is amended to read: 192
333.03 Requirement to adopt airport zonin g regulations.— 193
(2) In the manner provided in subsection (1), political 194
subdivisions shall adopt, administer, and enforce airport land 195
use compatibility zoning regulations. At a minimum, airport land 196
use compatibility zoning regulations must address shall, at a 197
minimum, consider the following: 198
(a) The prohibition of new landfills and the restriction 199
of existing landfills within the following areas: 200
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1. Within 10,000 feet from the nearest point of any runway 201
used or planned to be used by turbine aircraf t. 202
2. Within 5,000 feet from the nearest point of any runway 203
used by only nonturbine aircraft. 204
3. Outside the perimeters defined in subparagraphs 1. and 205
2., but still within the lateral limits of the civil airport 206
imaginary surfaces defined in 14 C.F.R . s. 77.19. Case-by-case 207
review of such landfills is advised. 208
(b) When Where any landfill is located and constructed in 209
a manner that attracts or sustains hazardous bird movements from 210
feeding, water, or roosting areas into, or across, the runways 211
or approach and departure patterns of aircraft. The landfill 212
operator must incorporate bird management techniques or other 213
practices to minimize bird hazards to airborne aircraft. 214
(c) When Where an airport authority or other governing 215
body operating a public -use airport has conducted a noise study 216
in accordance with 14 C.F.R. part 150, or when where a public-217
use airport owner has established noise contours pursuant to 218
another public study accepted by the Federal Aviation 219
Administration, the prohibition of incom patible uses, as 220
established in the noise study in 14 C.F.R. part 150, Appendix A 221
or as a part of an alternative Federal Aviation Administration -222
accepted public study, within the noise contours established by 223
any of these studies, except if such uses are s pecifically 224
contemplated by such study with appropriate mitigation or 225
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similar techniques described in the study. 226
(d) When Where an airport authority or other governing 227
body operating a public -use airport has not conducted a noise 228
study, the prohibition mitigation of potential incompatible uses 229
associated with residential construction and any educational 230
facilities facility, with the exception of aviation school 231
facilities or residential property near a public -use airport 232
that has as its sole runway a turf runway measuring less than 233
2,800 feet in length , within an area contiguous to the airport 234
measuring one-half the length of the longest runway on either 235
side of and at the end of each runway centerline. 236
(e) The restriction of new incompatible uses, activ ities, 237
or substantial modifications to existing incompatible uses 238
within runway protection zones. 239
Section 5. This act shall take effect July 1, 2024. 240