NEVI Program Background
The National Electric Vehicle Infrastructure Program (NEVI) was a $5 billion allocation within the Bipartisan Infrastructure Law to spur private investment in public electric vehicle infrastructure along the nation’s highway system. Funding was distributed to states based on population size. Florida was allocated $198 million.
In February 2025, the program was unlawfully frozen by the Trump administration. A lawsuit brought by 17 States and several non-profit organizations, including SACE, resulted in a complete victory for the plaintiffs. In August 2025, the court required the US Department of Transportation’s Federal Highway Administration (FHWA) to resume funding and ensure that States can move forward with building NEVI-funded charging infrastructure.
After FWHA resumed the NEVI program, Congress stepped in during its budget process and rescinded some of the states’ NEVI funds that had not yet been spent. Florida, which hadn’t spent any of its money, lost $44.6 million due to the rescission, reducing the amount of NEVI funds the state now has to put toward charging infrastructure to $153.4 million.
NEVI Updated Program Guidance
As part of NEVI program requirements, each State’s Department of Transportation is required to submit an annual plan to the Federal Highway Administration for approval. Florida has been publishing publicly accessible annual plans as recently as January 2025, but has yet to spend any of its NEVI funds.
Following the federal court order that unfroze NEVI funds, the FHWA released new NEVI guidance that, among other things, gave states more flexibility in building out their fast-charging networks. FHWA directed states to submit updated NEVI plans that aligned with the new guidelines. Florida never did, or so we thought.
Florida Department of Transportation NEVI Website on 8.28.26. Last publicly noticed plan January 2025.Florida Department of Transportation New Secret NEVI Plan
On July 29, the Miami Herald published an updated Florida NEVI plan, obtained through a Freedom of Information Act request, that had not previously been known. The updated plan reallocates the State’s now $153.4 million in NEVI funds from building charging infrastructure for on-road EVs to building charging infrastructure for electric vertical take–off and landing (eVTOL) aircraft. Imagine a giant, passenger-carrying drone that acts like a flying taxi; that’s an eVTOL.
According to the September 2025 plan, State officials said the private market has already done enough to build EV charging stations across the state and declared that “FDOT will not waste taxpayer dollars and spend it on everyday passenger vehicles. Instead, FDOT’s proposal… takes an innovative and strategic approach to offer the greatest benefits to Floridians by supporting a new emerging mode of transportation.” That new emerging mode of transportation is flying cars.
Electrify On-Road Transportation And Use Program Dollars As Designated
To be clear, SACE supports clean energy innovation and the electrification of all forms of transportation, including aviation. But the intent of NEVI funding is clear, as articulated on FWHA’s website: to provide funding to States to strategically deploy EV charging infrastructure and to establish an interconnected network to facilitate data collection, access, and reliability.
SACE does not support Florida’s new NEVI plan because it veers sharply from what the NEVI program was designed to do: to increase charging infrastructure for on-road electric vehicles. An eVTOL is classified as an aircraft, not a motor vehicle. The NEVI standards and requirements, as laid out in law, clearly define what EVs and EV charging stations are. Nowhere do the standards and requirements mention infrastructure for flying cars.
Additionally, SACE takes issue with the Florida Department of Transportation’s claim that the shift from EV charging infrastructure to eVTOL is justified because the charging needs of Florida residents and businesses have been met; we don’t believe they have.
Florida’s Charging Needs Are Unmet
Florida touts the nation’s second-highest adoption rate for EVs with over 618,000 in cumulative sales. This past quarter, EVs in Florida reached 9.4% market share, meaning nearly 1 in every 10 cars sold in Florida is electric, well above the national average of 7.4%. Conversely, the state ranks 16th in the nation per capita in access to charging infrastructure. That lopsided equation makes it a burden for some EV drivers and fleet operators to access available chargers.
FHWA’s updated NEVI guidance allows states to use the funds to tackle a host of EV charging challenges. So even if, as FDOT claims and FWHA accepts, the state’s highways are fully built out with fast charging for passenger cars, there is more work to be done.
For instance, roughly one-third of Floridians live in multi-unit housing (MUD), where many are renters and most lack access to home charging. This is a problem because 80% of EV charging happens at home, where residential electricity rates are cheaper, and plugging in is easy. Hence, the inability to access home charging undercuts EVs’ affordability and convenience.
EV drivers who can’t charge at home rely on public fast charging, which can cost up to 6 times as much as paying for electricity at residential rates and adds hassle to owning an EV rather than ease. The private sector is struggling to meet the MUD charging need, which is limiting Floridians’ access to more affordable transportation. NEVI funds could help solve this problem.
Additionally, Florida has the second-highest adoption rate of medium- and heavy-duty vehicles, such as delivery vans, box trucks, and tractor-trailers, in the country. Electric versions of these vehicles typically require higher-capacity charging stations and need greater spacing at charging sites to accommodate the larger vehicles and trailers.
Florida is woefully lacking in fast-charging sites that can accommodate medium- and heavy-duty vehicles along its major freight corridors, creating a roadblock for Florida businesses that want to electrify their fleets and save money. NEVI funds could also help solve this problem.
Public Funding Should Benefit the Public
Florida’s “secret NEVI plan” not only calls for using funds to charge flying cars but also for installing the charging infrastructure at places like private airports, golf courses, and condominium rooftops, which are clearly not places the public can access. But then flying cars aren’t something the public can afford, either.
SACE does not support FDOT’s proposed plan to use NEVI funds for eVTOL charging and calls on FHWA to deny the state’s request. NEVI funds are clearly intended for one thing: charging electric cars and trucks that drive on roads.
If you agree that public funding should benefit the public, let your voice be heard. Demand that NEVI funds be used as intended by law to support Floridians’ and Florida businesses’ access to more affordable electric transportation.