Lawmakers debated whether vertiports — which would host flying vehicles coming to Florida — should receive sovereign immunity from lawsuits as the Senate Transportation Committee advanced a bill adding new regulations and financial incentives before the new mode of transportation takes off.
Despite some concerns, the Committee unanimously approved SB 1362 sponsored by Sen. Gayle Harrell.
Harrell said her bill was going to “make Florida the hub of this center of innovation.”
As vertiports could come to Florida within the next two years, the bill would protect vertiport operators from lawsuits by granting them “sovereign immunity,” similar to airports.
The bill would also authorize the Florida Department of Transportation (FDOT) to fund 100% of a public or private vertiport if no federal funds are available for the project.
The bill also gives the state preemptive control over local governments for the vertiport design, aviation safety and other issues related to the vertiports and their electrical charging stations. In a manner similar to how airports are regulated, local governments would retain control over local zoning issues.
Some lawmakers were worried about the immunity provision baked into the bill.
“I just worry if we’re giving them access to public funding and preemption of local regulations, why do they still also need immunity?” Kissimmee Democrat Rep. Kristen Arrington asked Harrell.
Harrell noted that her bill grants vertiports co-located at airports the same immunity as airports currently have.
“They are truly agents of the state when you’re operating, and you’re co-located on an airport,” the Stuart Republican said. “We don’t want to differentiate crossing the line between airport and vertiport. It’s essentially the same thing.”
Later, Harrell added, “But if you decide to build a vertiport out in the middle of Martin County somewhere on private property, you would not enjoy that sovereign immunity.”
Arrington wondered if, without the threat of lawsuits, vertiport operators would be less focused on safety.
Harrell argued airports are already “very responsible,” so she believes vertiport operators will be too, since they would face the same FDOT regulations.
An amendment approved Tuesday stated that the sovereign immunity granted to vertiports co-located at airports could also be subject to future review and repeal by the Legislature.
The bill’s amendment eased some fears, but it still didn’t go far enough considering vertiports involve high voltage charging infrastructure, battery storage systems, fire hazards and more potential dangers, said Florida Justice Association Director Laura Youmans.
“We do still maintain some concerns with extending sovereign immunity to these unproven entities,” Youmans said.
Other lawmakers were less worried and applauded Harrell for carrying the bill.
“I want to welcome you to the age and era of the Jetsons,” Harrell said. “We have always been the leader in space. Now we’re going to be the leader in becoming the state of the Jetsons as we move forward.”
A House companion bill (HB 1903) is also advancing through the Legislature.
