Advanced Air Mobility And Vertiport Development: Effects Of New Legislation In Florida

Highlights

• Senate Bill 1662 will prompt investment in the construction of vertiports in Florida, working to advance aerospace, transportation and innovation in the state.
• Developers who wish to pursue vertiport development should remain mindful that various requirements at all levels of government will apply. Vertiport development can occur in the most streamlined and efficient manner when developers consider each authority's requirements contemporaneously.
• This Holland & Knight alert details the state and federal requirements and regulations that developers need to be aware of in order to construct a vertiport in Florida.

At the Paris Air Show on June 17, 2025, Florida Gov. Ron DeSantis signed two bills into law with the intention of ensuring Florida is a leader in aerospace, transportation and innovation. With regard to furtherance of advanced air mobility (AAM) opportunities in Florida, Senate Bill (SB) 1662 is notable for many reasons.¹ The bill took effect on July 1, 2025, and contains provisions throughout many sections in furtherance of prompting innovation. From potential funding mechanisms to requirements for review of existing regulations, SB 1662 provides meaningful updates to Florida Statutes and creates a new statute solely focused on AAM.

Taken together, the provisions of SB 1662 will further the Florida Department of Transportation's (FDOT) work on and investment in the construction of vertiports in Florida.² In essence, vertiports are a type of heliport. Increased development of vertiports in Florida will assist in ensuring Florida is a welcoming environment for AAM operations, including those involving electric vertical takeoff and landing (eVTOL) aircraft.

Developing Vertiports

Vertiports in Florida consist of a range of takeoff and landing facilities. These might include landing-area-only infrastructure or large facilities with options for parking and charging eVTOL aircraft. In pursuing vertiport development, developers and stakeholders should remain mindful that federal, state and local authorities all have a role in such development.

SB 1662 will prompt vertiport development by providing FDOT a framework to invest in construction of vertiports. The bill amends Section 332.007, Florida Statutes, titled "Administration and financing of aviation and airport programs and projects," in several ways. In particular, it authorizes FDOT's strategic airport investment initiative to fund up to 100 percent of the project's costs for capital improvements, with the goal of strategically positioning the state to maximize opportunities for tourism. The bill requires FDOT to not only maintain a comprehensive airport infrastructure program within the existing aviation and airport work program, but also to prioritize use of aviation fuel tax revenues to support emerging technology projects. The bill directs prioritization of projects that improve safety and efficiency of airport operations, as well as workforce development projects and projects that "benefit the strategic intermodal system."³

The bill defines "airport infrastructure," regarding commercial service airports, broadly: The term includes the facilities, systems and structural components of an airport necessary for the safe and efficient movement of people and goods. It also amends the definition of "airport" codified at Section 330.27, Florida Statutes, such that the definition of an airport will now include, but not be limited to, "airparks, airports, gliderports, heliports, helistops, seaplane bases, ultralight flightparks, vertiports, and vertistops." Taken together, these new or amended definitions, along with provisions concerning authorized funding sources, indicate that Florida seeks to prompt the development of vertiports in the state.

In addition to these notable state statute amendments, developers or other stakeholders who wish to engage in vertiport development should remain mindful that various requirements at federal, state and local levels that already exist might apply. Vertiport development will necessitate considering each authority's requirements contemporaneously.

Local Government Requirements

Parties interested in vertiport development should remain aware of local governments' existing requirements that apply to development. Congress has granted the Federal Aviation Administration (FAA) supremacy to regulate aircraft operations in the national airspace system (see "Federal Guidelines and Regulations" below for a more detailed overview). However, state laws aimed at objectives other than aviation safety or airspace efficiency are permissible as long as they do not impair the reasonable use of airspace, such as land use or zoning statutes and ordinances.

At the forefront, developers will first find it helpful to understand that various provisions in Florida Statutes indicate that local governments must work with FDOT in allowing for the construction of airports or obstructions in the airspace. In broad terms, relevant provisions are codified as follows:

• Chapter 333, Florida Statutes (Airport Zoning) and regulations implementing chapter 333, at Rule 14-60, Florida Administrative Code (Airport Licensing, Registration, and Airspace Protection)
• Chapter 163, Part II, Florida Statutes (Growth Management Act/Local Government Comprehensive Planning and Land Development Regulations Act) and regulations implementing Chapter 163, at Rule 9J-5, Florida Administrative Code (Minimum Criteria for Review of Local Government Comprehensive Plan and Plan Amendments, Evaluation and Appraisal Reports, Land Development Regulations, and Determinations of Compliance)

Airports

Section 333.03, Florida Statutes, requires political subdivisions to adopt, administer and enforce airport land use compatibility zoning regulations.⁴ Moreover, a political subdivision's decision to approve an application for a permit may not be based solely on the determination by the FAA that the proposed structure is not an airport hazard.

When a political subdivision has adopted an airport protection zoning ordinance or is subject to an interlocal agreement that governs the development of an airport, political subdivisions must ensure that proposed development is consistent with land use compatibility requirements contained in Chapter 333, Florida Statutes. In addition, many political subdivisions maintain airport protection zoning or might engage in interlocal agreements that traverse the boundaries of the political subdivisions.⁵

In determining whether to grant an application for a variance from a zoning standard for purposes of airport development, political subdivisions will generally consider the following:

• Whether the Development Would Be Inside a Runway Protection Zone (RPZ).⁶ The airport must own the RPZ, which should remain clear of incompatible development. The political subdivision might deny a development application if the development could lead to the congregation of people, attraction of birds, or emission of light, glare or smoke.
• Whether the Development Is Inside an Educational or Residential Contour. A noise study governed by 14 CFR Part 150 (Airport Noise Compatibility Planning) will need to occur; any proposed development that includes an educational facility should be beyond the outermost Day-Night Average Sound Levels contour identified in the Part 150 Noise Study or an equivalent noise level. Similarly, any development that includes a residential use should be located beyond the noise contour identified in the study as being an incompatible contour for residential use.
• Whether the Development Is Near a Sanitary Landfill. Airports generally must be outside of the lateral extent of an airport's surfaces to which 14 CFR Part 77 (Safe, Efficient Use, and Preservation of the Navigable Airspace) extends.

Each of these considerations requires analyses and prompt review of specific requirements. Even when the proposed development is in an area in which an airport protection ordinance or interlocal agreement does not apply, political subdivisions must still consider whether the development would be a land use that is compatible with airports. The comprehensive plan that applies to the area in which the airport development will occur must fulfill certain requirements and must show that the local government has considered the compatibility of uses on lands adjacent to an airport.⁷

Airport Hazard Zones

SB 1662 requires FDOT to review "airport hazard zone regulations" in the context of considering AAM and the need for vertiports. Currently, Florida Statutes require each political subdivision that has an airport hazard area to adopt, administer and enforce airport protection zoning regulations for such airport hazard area. Section 333.03, Florida Statutes, states such regulations must require each airport to have a permit, obstruction marking and lighting for obstructions, as well as documents and an aeronautical study showing compliance with federal requirements. The regulations must also exhibit consideration of the criteria in Section 333.025(6) when determining whether to issue or deny a permit. Such criteria consists of the following:

• the safety of persons on the ground and in the air
• the safe and efficient use of navigable airspace
• the nature of the terrain and height of existing structures
• the effect of the construction or alteration of an obstruction on the state licensing standards for a public-use airport contained in Chapter 330 and rules adopted thereunder
• the character of existing and planned flight operations and developments at public-use airports
• federal airways, visual flight rules, flyways and corridors, and instrument approaches as designated by the FAA
• the effect of the construction or alteration of an obstruction on the minimum descent altitude or the decision height at the affected airport
• the cumulative effects on navigable airspace of all existing obstructions and all known proposed obstructions in the area

Metropolitan Plans and Programs

Developers seeking to design and build vertiports should remain aware of not only local government regulations, but also the plans of metropolitan planning organizations. Such organizations are designated for each urbanized area of the state and must develop, in cooperation with state and public transit operators, transportation plans and programs for metropolitan areas. Some metropolitan planning organizations have recently met and considered AAM and the need for vertiports.⁸ Developers interested in vertiport development may wish to remain updated on when such meetings will occur and track updates of discussions of metropolitan planning organizations.

State Government Requirements

FDOT requirements also apply to vertiport developments. Based on the revised definitions that SB 1662 set forth, vertiports are airports subject to FDOT regulation. The revised definition of "airport" includes the term "structure" as follows: "'Airport' means a specific an area of land or water or a structure used for, or intended to be used for, aircraft operations, which may include landing and takeoff of aircraft, including appurtenant areas, buildings, facilities, or rights of-way necessary to facilitate such use or intended use. The term includes, but is not limited to ... vertiports, and vertistops." The inclusion of adjacent areas and structures on such areas also indicates the definition is broad; as a result, an "airport" will include vertiports and the necessary equipment and facilities, such as charging stations and fire suppression equipment, that surrounds them.

Under Section 330.30, Florida Statutes, establishing a new vertiport requires a site approval from FDOT in the form of an Airport Site Approval Order. Obtaining such an order will involve providing detailed information to FDOT in accordance with Chapter 14-60.005, Florida Administrative Code. Vertiports designated for public use receive a license and are subject to oversight, such as annual inspections.⁹ Private-use vertiports can receive an airport registration, which the holder of the registration must keep updated and renew every two years.¹⁰

SB 1662 defines "private airport of public interest" as a category of airport. This definition will likely prompt FDOT to revise the rules at Chapter 14-60, Florida Administrative Code, to observe the new definition.¹¹ Under SB 1662, a private airport of public interest is one that is "engaged in air ambulance operations, commercial air tour operations, commuter operations, on-demand operations, public charter operations, scheduled operations, or supplemental operations." SB 1662 defines each such type of operation, which will also be codified in Section 330.27, Florida Statutes. These definitions are generally consistent with the respective definitions that have long been codified at Title 14 Code of Federal Regulations § 110.2 (Definitions).¹² Although the definitions do not match verbatim, the general alignment of Florida Statutes with FAA regulations for these terms could indicate FDOT will license airports in a manner consistent with FAA airport guidance; as such, for vertiport development, streamlined analysis and oversight of vertiports at which such operations occur could be likely.

As for procedures, FDOT generally begins its process of evaluation and approval of an airport application after the applicant has obtained local zoning approval and a favorable airspace determination from the FAA.¹³ Once an applicant obtains such local and federal approvals, FDOT will receive the application and, upon review and favorable determination, issue a site approval order. The applicant can then begin construction, after which FDOT will conduct an inspection and issue a license or registration to the applicant.

Federal Guidelines and Regulations

Developers with an interest in vertiport design should also remain mindful of current and upcoming guidance from the FAA. FAA guidance known as Engineering Brief (EB) 105A, issued in December 2024, categorized vertiports as types of heliports.¹⁴ The EB specifies that the type of airspace approvals and coordination that should occur for vertiport development depends on whether the development will occur on federally obligated airports or non-federally funded stand-alone vertiport sites. EB 105A contains a wide variety of guidelines for vertiports; however, under Section 958 of the FAA Reauthorization Act of 2024 (the Act), the EB will sunset when the FAA issues an updated performance-based vertiport design advisory circular, which is required by Dec. 31, 2025.

Currently, the EB specifies takeoff and landing design and geometry guidelines for the touchdown and liftoff area (TLOF), final approach and takeoff area (FATO), and Safety Area, which is the area surrounding the FATO intended to reduce the risk of damage to aircraft that could diverge from the FATO. A notable recommendation in the design and geometry section is the downwash/outwash caution guidance: The FAA recommends that vertiport facilities post signs to designate downwash caution areas where the wind generated by aircraft operation could reach or exceed speeds of 34.5 miles per hour, as the strength of such winds could pose a hazard to people, property or even other aircraft.¹⁵ The need for such signs might extend beyond the safety area, based on the size of the aircraft and characteristics of the surrounding area. The EB also addresses vertiport taxiways and parking; marking, lighting and visual aids for the vertiport; charging and electric infrastructure; site safety elements, such as firefighting considerations, security, weather and access by individuals with disabilities; and electromagnetic effects. For on-airport vertiports, the EB contains recommendations for location of TLOF and FATO areas.

In addition to specific guidance from the FAA, such as the EB described above, applicants should be aware of the potential applicability of certain FAA regulations. If vertiport development will occur on an airport or heliport identified in 14 CFR § 77.9(d) (Construction or alteration requiring notice), providing certain information to the FAA will be necessary. In contrast, if a development will occur on a non-federally obligated airport or heliport or non-federally funded vertiport site, provisions or requirements codified in 14 CFR Part 157 (Notice of Construction, Alteration, Activation, and Deactivation of Airports) might apply.

Applicants should also remain aware of other general updates at the federal level. For example, ostensibly in the interest of increasing efficiency of approvals of vertiport designs or other actions, the Act addresses potential exclusion from the need for environmental review under the National Environmental Policy Act of 1969 (NEPA).¹⁶ In addition, the Act requires considering vertiport aspects in an ongoing AAM working group that previous legislation established. It might be helpful for potential applicants to remain aware of any working group developments.

Next Steps

Prospective applicants that may seek approval or concurrence at the local, state and federal levels should monitor upcoming regulatory and guidance developments at all levels of government. At the local level, metropolitan planning organizations and political subdivisions might hold meetings open to the public concerning potential changes in plans, guidance or rules. As for the state level, FDOT will likely revise the rules codified at Chapter 14-60, Florida Administrative Code, given the new definition of "private airport of public interest." Moreover, FDOT will begin using the funding authority set forth in SB 1662.

In addition, prospective applicants should remain mindful of updates to or issuance of FAA guidance – to both the public and FAA airport district offices – concerning vertiports. By Dec. 31, 2025, the FAA must publish a performance-based vertiport design advisory circular and begin the work necessary to update the existing Advisory Circular titled "Heliport Design" in order to provide performance-based guidance for heliport design, while considering alternative fuel and propulsion mechanisms. Such a requirement for performance-based guidance is meaningful, as it will provide flexibility for applicants in design and implementation. With performance-based standards, each applicant may devise its own way of meeting the overall standard, rather than adhering to a single, prescriptive means of compliance. Upon adoption of this new guidance, the Act requires the sunset of EB 105.¹⁷

Conclusion

The state of Florida and federal government both recognize that vertiports will be a key component of AAM development. Similarly, many local governments in Florida may use existing or updated procedures and standards to enable such developments. Interested parties who wish to engage in vertiport development projects should remain aware of requirements, standards and guidance at all levels of government and be cognizant of the likelihood of upcoming amendments to such guidelines.

Footnotes

1. The other bill, SB 1516, creates the International Aerospace Innovation Fund, which Space Florida will administer to foster partnerships between Florida-based aerospace companies, international businesses, research organizations and space agencies.

2. As defined by FAA Reauthorization Act of 2024, a vertiport is an area of land, water or a structure used or intended to be used to support the landing, takeoff, taxiing, parking and storage of powered-lift aircraft or other aircraft that vertiport design and performance standards, established by the Administrator of the Federal Aviation Administration, can accommodate. Pub. L. 118-63 § 951(5) (2024).

3. SB 1662 § 19 (amending § 332.007(7)(a)7., Fla. Stat. (2024)). Sections 339.61-339.64, Florida Statutes, describe the state's strategic intermodal system. FDOT oversees the System's activities, which include issuing strategic plans to further transportation priorities.

4. Section 1.01, Florida Statutes, states the term "political subdivision" includes "counties, cities, towns, villages, special tax school districts, special road and bridge districts, bridge districts, and all other districts in this state."

5. Section 163.01, Florida Statutes, defines and governs interlocal agreements in Florida.

6. Section 330.01(16), Florida Statutes, defines "runway protection zone" as an "area at ground level beyond the runway end to enhance the safety and protection of people and property on the ground." Airport zoning regulations must consider the need for such zones. § 330.06, Fla. Stat.

7. See § 163.3177(6)(a), Fla. Stat. (2024).

8. Charlotte County-Punta Gorda Metropolitan Planning Organization, Advanced Air Mobility (May 19, 2025); Miami-Dade Transportation Planning Organization, Urban Air Mobility: Policy Framework and Strategic Roadmap (2023).

9. Rule 14-60.006(1)(a), Fla. Admin. Code.

10. Rule 14-60.006(1)(b), Fla. Admin. Code.

11. FDOT has rulemaking authority to enact such a change. See § 330.29(4), Fla. Stat. (2024).

12. FAA regulations codified at 14 CFR § 110.2 also define commuter and on-demand operations, to which the operating regulations codified at 14 CFR part 135 apply, as well as other terms, such as commercial air tour and scheduled. The terms defined at 14 CFR 110.2 describe operations for compensation or hire; other regulations use the terms to set forth which operating rules codified in title 14, chapter I, subchapter G, apply to the operation.

13. FDOT guidance concerning vertiport developments states that a local government may choose to make the zoning approval contingent on site approval from FDOT. Fla. Dept. of Transp. Aviation Office, Advanced Air Mobility Land Use Compatibility and Site Approval Guidebook at 19 (September 2024).

14. Federal Aviation Administration, Engineering Brief No. 105A, Vertiport Design, Supplemental Guidance to Advisory Circular 150/5390-2D, Heliport Design (Dec. 27, 2024). As a result of categorizing vertiports has heliports, the guidance at EB 105A is a supplement to existing heliport design guidelines, which the FAA had issued in Advisory Circular 150/5390-2D in January 2023.

15. The FAA relied on the Rotorwash Analysis Handbook for this recommendation. Federal Aviation Administration, Engineering Brief No. 105A, Vertiport Design, Supplemental Guidance to Advisory Circular 150/5390-2D, Heliport Design at 24 (Dec. 27, 2024) (quoting Federal Aviation Administration, Rotorwash Analysis Handbook at 317 (1994)).

16. Pub. L. 118-63 § 953 (titled "Application of National Environmental Policy Act categorical exclusions for vertiport projects" and referring to 42 U.S.C. § 4321 et seq.) (2024).

17. Pub. L. 118-63 § 958(d) (2024). The Act also requires the FAA to develop "to the extent necessary"—by Sept. 16, 2027, powered-lift specific air traffic procedures for airports, heliports, and vertiports. Id. § 957(c) (2024). A powered-lift is "a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight." 14 CFR § 1.1.