New Legislation Clears the Runway for Vertiport Development in Florida

Florida statutes will now pave the way for Advanced Air Mobility (AAM) operations. Gov. Ron DeSantis on April 20, 2026, signed House Bill (HB) 1093 into law,¹ authorizing the Florida Department of Transportation (FDOT) to fund the development of vertiport facilities designed to support electric vertical takeoff and landing (eVTOL) aircraft for short-distance aerial commuting. With the legislative framework in place and federal backing secured, Florida is now one step closer to seeing electric air taxis in its skies and establishing itself as the nation's hub for advanced air mobility.

Florida Legislation

Effective July 1, 2026, the legislation will enable funding for development of infrastructure to accommodate such operations, which include those of novel aircraft designs such as electric eVTOL aircraft.² In particular, FDOT will be authorized to provide up to 100 percent of funding for vertiport projects that are not supported by federal funding and up to 80 percent of nonfederal shares for vertiport projects that receive federal funds. The infrastructure needed for eVTOL aircraft is unique, and development of federal standards that will apply to such infrastructure is still forthcoming.³ Vertiports in Florida may consist of a range of takeoff and landing facilities, which 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.

In addition, under the new legislation, Florida statutes will now expressly consider vertiport development projects as qualified projects under Florida's public-private partnership statute.⁴ Given that charging infrastructure and risk mitigation measures to account for risks of eVTOL aircraft will entail unique, specific expertise, a public-private partnership for vertiport infrastructure is an effective mechanism through which development of such infrastructure can occur, especially in Florida. A public-private partnership, which is an agreement between a public sector entity – such as a county industrial development agency, state agency or other political subdivision – and a private enterprise for the long-term management of infrastructure, is a mechanism that will unite the most suitable parties for development of a vertiport. In particular, government entities that have authority over parcels of property suitable for vertiport development may partner with engineering firms, developers and others who have expertise to implement the design, building, construction, financing, management and operation of vertiports to provide for such projects.

The Florida Legislature had already addressed AAM in its 2025 legislative session⁵ but did not provide sources of funding in the manner that HB 1093 (2026) provides for infrastructure to support AAM operations. Section 332.15, Florida Statutes, requires FDOT to "[a]ddress the need for vertiports, advanced air mobility, and other advances in aviation technology in the statewide aviation system plan required under s. 332.006(1) and, as appropriate, in the department's work program," as well as designate a subject matter expert within FDOT concerning AAM to serve as a resource for local jurisdictions. The statute also requires FDOT to review airport hazard zone regulations and work with the Florida Department of Commerce to provide assistance for "the development of a viable [AAM] system plan" to be incorporated in the statewide aviation system plan required under Section 332.006(1), Florida Statutes, "to identify and develop statewide corridors of need and opportunities for industry growth."

Florida is not waiting on the technology but rather is building a framework around it that creates a near-term window for stakeholders to help shape where this infrastructure goes and how it can be funded. The legislation signals an early-stage opportunity to engage with FDOT and local governments as siting, funding criteria and implementation priorities are developed. Stakeholders may benefit from evaluating how proposed projects align with state transportation goals and identifying opportunities for early coordination. For example, for utilities and energy providers, vertiport development introduces new considerations around grid capacity, charging infrastructure and long-term demand planning, particularly as electrified aviation technologies scale.

Federal Updates

Despite the provisions the Florida Legislature enacted in 2025, funding for vertiport development remained a topic of questions and conversation. As described in a previous Holland & Knight Alert, the federal government's AAM Interagency Working Group, chaired by the U.S. Department of Transportation (DOT), stated in its AAM National Strategy and Comprehensive Plan that it anticipated state and local governments would provide some funding for vertiport development. The plan and strategy both refer to private funding sources as well as potential options for federal funding or public-private partnerships. With regard to vertiport infrastructure, the strategy anticipates that by 2030, AAM operations may occur from new and accessible vertiports that will be "funded mostly by private sources" and able to reach currently underserved areas, such as over-water and rural areas.⁶ The strategy recommends engagement with state, local, Tribal or territorial government entities and for industry to review future models for planning and financing AAM infrastructure while funding existing programs for early operations.

Moreover, vertiport development must occur in Florida in the near future for FDOT to accommodate operations under its forthcoming agreement with the Federal Aviation Administration (FAA). The DOT and FAA announced on March 9, 2026, that they had selected eight projects spanning 26 states to advance eVTOL operations by providing regulatory flexibility and using streamlined, efficient processes. The eVTOL Integration Pilot Program will last three years, and operations are expected to occur within 90 days of program initiation.

According to the DOT press release, the agencies chose:

• FDOT, which will include various types of operations in Florida
• Port Authority of New York and New Jersey, which will include operations from and over urban areas
• Texas Department of Transportation, which will span major cities throughout the state
• Utah Department of Transportation, which will lead operations spanning four states from the Pacific Northwest, Rocky Mountains and Oklahoma
• Pennsylvania Department of Transportation, which will lead operations in a multistate collaborative across 13 states, including routes supported through Essential Air Service
• Louisiana, which will test flights over the high seas into the Gulf of America and to energy industry locations in Louisiana, Texas and Mississippi
• North Carolina Department of Transportation, which will focus on piloted medical and regional operations across the state while developing an autonomous flight operation that will extend into Virginia
• City of Albuquerque, New Mexico, which will host a focused project to advance certain autonomous operations

President Donald Trump's June 6, 2025, executive order, "Unleashing Drone Dominance," directed the establishment of an eVTOL Integration Pilot Program. Operations under the program will occur pursuant to agreements into which the FAA enters with participants, pursuant to the agency's other transaction authority.⁷ Detailed review of the provisions of such contracts or upcoming agreements associated with the Integration Pilot Program is necessary to ensure participants understand data disclosure requirements and operational expectations summarized in such agreements, which will address technology and capabilities concerning aircraft, infrastructure, operational criteria and several other aspects.

The FAA has indicated it expects participants to commence operations within 90 days of reaching agreement with the FAA to participate in the program. This 90-day expectation is extremely rapid and particularly notable, as it will entail development of infrastructure that can support safe eVTOL operations. In particular, as noted in a previous Holland & Knight Alert, the FAA Reauthorization Act of 2024 required the FAA to issue an Advisory Circular to establish standards for such development. However, as of the date of this alert's publication, the FAA has not provided such guidance. Developers should monitor forthcoming FAA guidance and consider obtaining FAA acceptance in another manner, if needed.

Conclusion and Key Takeaways

As vertiport development projects move forward, coordination with FDOT on funding and project prioritization is essential. However, stakeholders also must ensure alignment with local land use and zoning requirements. Environmental permitting through agencies such as the Florida Department of Environmental Protection might also be critical to ensuring projects move efficiently from conception to construction.

Holland & Knight is actively monitoring FDOT implementation and is available to assist clients in navigating agency engagement, funding positioning, and related state and local considerations. In addition, team members continue to monitor federal developments in all matters concerning AAM and maintains relationships with decision-makers engaged in furthering AAM at federal agencies.

Notes

¹ Ch. 2026-35, Laws of Fla. (2026).

² In the FAA Reauthorization Act of 2024, the U.S. Congress defined "Advanced Air Mobility" and "AAM" as "a transportation system that is comprised of urban air mobility and regional air mobility using manned or unmanned aircraft." Pub. 118-63, § 951(1), 138 Stat. 1025, 1375 (May 16, 2024).

³ The term "vertiport" means an area of land or 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 can accommodate. FAA Reauthorization Act of 2024, Pub. 118-63, § 951(5), 138 Stat. 1025, 1375 (May 16, 2024).

⁴ HB 1093 at Sec. 1 (amending § 225.065, Fla. Stat. (2025), to include "vertiports and charging systems" within the description of "qualifying project").

⁵ Senate Bill 1662 (2025), ch. 2025-155, Laws of Fla. (2025).

⁶ DOT AAM Interagency Working Group, The Advanced Air Mobility National Strategy: A Bold Policy Vision for 2026-2036 at i (Dec. 17, 2025).

⁷ 49 U.S.C. § 106(l)(6).

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.