Transportation

LEGISLATION THAT PASSED 

Vertiports – Since 2021, the Florida Department of Transportation (DOT) has (relatively) quietly been laying the groundwork to build an intercity advanced air mobility (AAM) “Aerial Highway Network” to connect major metropolitan areas across Florida. HB 1093 promotes  AAM, which DOT describes as “a revolutionary approach to air transportation that expands aviation beyond traditional roles, enabling efficient movement of people and goods in urban, suburban, and rural areas. AAM leverages cutting-edge aircraft technology (such as electric vertical takeoff and landing aircraft), to create new multi-modal solutions.” The bill makes vertiports and charging systems eligible for funding under public-private partnerships and authorizes DOT to fund all the project costs of a public or private vertiport if federal funds are not available. The bill incorporates vertiport-related infrastructure into commercial service airport infrastructure preservation programs. The legislation has been pared down considerably, including removing a sales tax exemption, liability protections, establishment of vertiport demonstration corridors, and unified state regulation for vertiport design and electric aircraft charging infrastructure. DOT is already testing aircraft. As the Senate sponsor said, “Welcome to the age of the Jetsons”. HB 1093 passed both chambers. In addition, the omnibus transportation bills SB 1220 and HB 1233 (see below), had provisions promoting the development of AAM and vertiports. This includes authorizing DOT to acquire, own, operate or construct airports to support AAM (SB 1220).

HEADED FOR CONFERENCE
Fuel Taxes – SB 2506, a budget conforming bill, revises the distribution of the “fuel sales tax” and the tax for inland protection on producing or importing oil in Florida. The result is the State Transportation Trust Fund loses $25.2 million with is redistributed to trust funds in the Fish and Wildlife Commission and the Department of Agriculture and Consumer Services. $112 million from the Inland Protection Trust Fund (IPTF) will go to General Revenue. The IPTF has been a frequent target of the Legislature for trust fund sweeps. This will be debated in the budget conference.

State Transportation Trust Fund (STTF) – While the Senate is looking to take money from the STTF, the House is proposing to increase the amount of documentary stamp tax proceeds that goes to the STTF by $60 million annually. Budget conforming bill HB 5501 provides that the money will go to the Florida Rail Enterprise for the development of the state’s passenger, freight, and multimodal freight systems. This will be debated in the budget conference.

LEGISLATION THAT DID NOT PASS

Transportation – SB 1220 and HB 1223 were long, wide ranging omnibus transportation bills that touched on air travel, ports, rail, drone delivery, autonomous vehicles, increased speed limits, trails, and tolls. Here’s a list of HB 1220’s provisions. SB 1220 also included an appropriation of $300,000 for a study needed to develop options to deal with the transportation revenue reduction caused by alternative fuel vehicles. See this Florida TaxWatch report on the growing impact of electric vehicles on Florida’s transportation funding model. These “trains” grew with every committee stop and floor amendment. SB 1220 grew from 22 pages to 68 pages, ending with a 116-page delete-all amendment. HB 1223 similarly went from 28 pages to 85. With scores of changing provisions, it is not surprising that a consensus could not be reached. The Senate passed SB 1220, and the House replaced it with the 116-page amendment, including a provision to raise speed limits from 70 to 80 mph on limited access roadways and from 60 to 70 on other non-urban highways. The Senate refused to concur and the bill died. With all those provisions, there had to be some good, and probably important, ones on which there was a consensus. Florida TaxWatch is disappointed that the study of alternative fuel vehicles’ impact on gas tax revenues was scuttled, making it another year the Legislature ignored our deteriorating transportation funding model.