The Florida Senate

331.10  Eminent domain granted those engaged in air commerce.

331.15  Auto transportation between county airports; exceptions.

331.20  Publicizing, advertising, and promoting airports and related facilities.

331.21  Independent authorities; terms of presiding members.

331.22  Certain information exempt from disclosure.

331.10  Eminent domain granted those engaged in air commerce.--All persons engaged in air commerce in the transportation of mail, freight, express and passengers by aircraft between fixed termini and on fixed schedules are hereby delegated authority to exercise the right and power of eminent domain, that is, the right to appropriate property, except state or federal, for the purpose of securing land for airports, air terminals, seaplane bases and landing fields in the state; and the fee simple title to all property so taken and acquired shall vest in such person unless such person seeks to condemn a particular right or estate in such property. The procedure in acquiring said property shall be that prescribed and set forth in chapter 73.

History.--s. 1, ch. 15862, 1933; CGL 1936 Supp. 1977(100).

331.15  Auto transportation between county airports; exceptions.--

(1)  The term "motor carrier" as used in this section shall mean any person, firm, corporation, or partnership, which is engaged in the business of transporting passengers for hire by motor-propelled vehicles, including, but not limited to, buses and sedan automobiles.

(2)  The board of county commissioners of every county owning and operating an airport shall have the right, power, and authority to enter into contracts with one or more motor carriers for the transportation of passengers for hire between such airport or airports and points within such county. Such contract or contracts shall authorize the term of said contract or contracts authorizing such motor carrier to transport passengers for hire over the roads, streets, and highways of such county between such airport and points within such county.

(3)  Provided, however, this section shall not be applicable in any county owning or operating an airport, which said airport is geographically located so as to be separated from the mainland of the state by any bay, ocean, sea, river, or other body of water, and further provided that the provisions of the section shall not apply to counties having a population between 150,000 and 200,000.

History.--ss. 1, 2, 3, ch. 26512, 1951; s. 1, ch. 63-279; s. 2, ch. 63-496; s. 1, ch. 65-52; s. 1, ch. 85-113.

331.20  Publicizing, advertising, and promoting airports and related facilities.--The board of county commissioners of every county owning and operating an airport shall have the right, power, and authority to publicize, advertise, and promote the activities of its airport; to make known the advantages, facilities, resources, products, attractions, and attributes of its airport; to create a favorable climate of opinion concerning its airport; to cooperate with other agencies, public and private, to accomplish these purposes; and, in furtherance thereof, to authorize expenditures for the purposes here enumerated, including meals, hospitality, and entertainment of persons in the interest of promoting and engendering goodwill toward its airport.

History.--s. 1, ch. 86-114.

331.21  Independent authorities; terms of presiding members.--Notwithstanding a contrary provision of any general or special law, the presiding member of an authority created by the Legislature which operates an international airport enplaning more than 8 million passengers annually may serve as presiding member for 8 consecutive years, provided he or she is selected to serve each term as a member of the authority and each term as its presiding member under the applicable procedures of the authority.

History.--s. 9, ch. 92-152.

331.22  Certain information exempt from disclosure.--Airport security plans of an aviation authority created by act of the Legislature or of an aviation department of a county or municipality which operates an international airport are exempt from provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution. In addition, photographs, maps, blueprints, drawings, and similar materials that depict critical airport operating facilities are exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution, to the extent that an aviation authority created by act of the Legislature or an aviation department of a county or municipality which operates an airport reasonably determines that such items contain information that is not generally known and that could jeopardize the security of the airport; however, information relating to real estate leases, layout plans, blueprints, or information relevant thereto, is not to be included in this exemption. The exemptions in this section are applicable only to records held by an aviation authority created by act of the Legislature or to records of a county or municipal aviation department that operates an airport. The exemptions contained in this section are subject to the Open Government Sunset Review Act of 1995, in accordance with s. 119.15, and this section shall stand repealed on October 2, 2001, unless reviewed and saved from repeal through reenactment by the Legislature.

History.--s. 1, ch. 96-401.

331.301  Short title.

331.302  Spaceport Florida Authority; creation; purpose.

331.303  Definitions.

331.304  Spaceport territory.

331.305  Powers of the authority.

331.306  Federal airspace notification.

331.307  Development of Cape San Blas facility.

331.308  Board of supervisors.

331.309  Treasurer; depositories; fiscal agent.

331.310  Powers and duties of the board of supervisors.

331.3101  Spaceport Florida Authority; travel and entertainment expenses.

331.311  Exercise by authority of its powers within municipalities and other political subdivisions.

331.312  Furnishing facilities and services within the spaceport territory.

331.313  Power of the authority with respect to roads.

331.314  Exclusive authority.

331.315  Maintenance of projects across rights-of-way.

331.316  Rates, fees, rentals, tolls, fares, and charges; procedure for adoption and modification; minimum revenue requirements.

331.317  Recovery of delinquent charges.

331.318  Discontinuance of service.

331.319  Comprehensive planning; building and safety codes.

331.320  Additional powers of board.

331.321  Federal and other funds and aid.

331.322  Agreements with municipalities within any spaceport territory.

331.323  Cooperative agreements with the state, counties, and municipalities.

331.324  Contracts, grants, and contributions.

331.325  Environmental permits.

331.326  Information relating to trade secrets confidential.

331.327  Foreign trade zone.

331.328  Sovereign immunity.

331.329  Changing boundary lines; annexation and exclusion of lands; creation of municipalities within the geographical limits of any spaceport territory; limitations on the furnishing of services within annexed areas.

331.330  Enforcement and penalties.

331.331  Revenue bonds.

331.332  Issuance of additional bonds.

331.333  Refunding bonds.

331.334  Pledging assessments and other revenues and properties as additional security on bonds.

331.335  Lien of pledges.

331.336  Issuance of bond anticipation notes.

331.337  Short-term borrowing.

331.338  Trust agreements.

331.339  Sale of bonds.

331.340  Authorization and form of bonds.

331.341  Interim certificates; replacement certificates.

331.342  Negotiability of bonds.

331.343  Defeasance.

331.344  Bonds as legal investment or security.

331.345  Covenants.

331.346  Validity of bonds; validation proceedings.

331.347  Act furnishes full authority for issuance of bonds.

331.348  Investment of funds.

331.349  Fiscal year of the authority.

331.350  Insurance coverage of the authority; safety program.

331.351  Participation by women, minorities, and socially and economically disadvantaged business enterprises encouraged.

331.353  Rulemaking authority.

331.354  Tax exemption.

331.355  Use of name; ownership rights to intellectual property.

331.360  Joint project agreement or assistance; spaceport master plan.

331.367  Spaceport Management Council.

331.368  Florida Space Research Institute.

331.369  Space Industry Workforce Initiative.

331.301  Short title.--This act may be cited as the "Spaceport Florida Authority Act."

History.--ss. 1, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.302  Spaceport Florida Authority; creation; purpose.--

(1)  It is the intent of the Legislature to provide a unified direction for space-related economic growth and educational development, to ensure a stable and dynamic economic climate, to attract and maintain space-related businesses suitable to the state, and to further the coordination and development of Florida's economy.

(2)  There is hereby established, formed, and created the Spaceport Florida Authority, which is created and incorporated as a public corporation, body politic, and subdivision of the state to establish facilities or complementary activities to enhance and provide commercial space-related development opportunities for business, education, and government, and which shall have all the powers, rights, privileges, and authority as provided under the laws of this state.

(3)  It shall be the purpose, function, and responsibility of the Spaceport Florida Authority to develop a strategy for and implement the acceleration of space-related economic growth and educational development within the state. Projects in the state shall include the space business incubators, space tourism activities and centers, educational involvement in business incubators, and the Spaceport Florida launch centers. It shall be the authority's purpose, function, and responsibility to provide projects in the state which will develop and improve the entrepreneurial atmosphere, to provide coordination among space businesses, Florida universities, space tourism, and the Spaceport Florida launch centers, and to provide activities designed to stimulate the development of space commerce. In carrying out these duties and responsibilities, the authority may advise and cooperate with municipalities, counties, regional authorities, state agencies and organizations, appropriate federal agencies and organizations, and other interested persons and groups.

(4)  It is the intent of the Legislature that the Spaceport Florida Authority shall not be considered an "agency" as defined in ss. 216.011 and 287.012.

History.--ss. 2, 61, ch. 89-300, ss. 7, 8, ch. 90-192; s. 1, ch. 91-265.

331.303  Definitions.--

(1)  "Authority" means the Spaceport Florida Authority created by this act.

(2)  "Board" or "board of supervisors" means the governing body of the authority.

(3)  "Bonds" means revenue bonds, assessment bonds, or other bonds or obligations issued by the authority for the purpose of raising financing for its projects.

(4)  "Business client" means any person, other than a state official or state employee, who receives the services of, or is the subject of solicitation by, representatives of the authority in connection with the performance of its statutory duties, including purchasers or prospective purchasers of authority services, persons or representatives of firms considering or being solicited for investment in authority projects, persons or representatives of firms considering or being solicited for location, relocation, or expansion of a space-related business within the state, and business, financial, or other persons connected with the space industry.

(5)  "Complementary activity" means any space business incubator, space tourism activity, educational involvement in an incubator, or space tourism and space-related research and development.

(6)  "Conduit bond" means any bond of the authority which is a nonrecourse obligation of the authority payable from the proceeds of such bonds and related financing agreements.

(7)  "Cost" means all costs, fees, charges, expenses, and amounts associated with the development of projects by the authority.

(8)  "Entertainment expenses" means the actual, necessary, and reasonable costs of providing hospitality for business clients or guests, which costs are defined and prescribed by rules adopted by the authority, subject to approval by the Comptroller.

(9)  "Federal aid" means any property, funding, or other financial assistance provided by the Federal Government to the authority for its projects.

(10)  "Financing agreement" means a lease, lease-purchase agreement, lease with option to purchase, sale or installment sale agreement, whether title passes in whole or in part at any time prior to, at, or after completion of the project, loan agreement, or other agreement forming the basis for the financing under this act, including any agreements, guarantees, or security instruments forming part of or related to providing assurance of payment of the obligations under such financing agreement.

(11)  "Guest" means a person, other than a state official or state employee, authorized by the board or its designee to receive the hospitality of the authority in connection with the performance of its statutory duties.

(12)  "Landing area" means the geographical area designated by the authority within the spaceport territory for or intended for the landing and surface maneuvering of any launch or other space vehicle.

(13)  "Launch pad" means any launch pad used by the spaceport or spaceport user for launching of space vehicles.

(14)  "Payload" means any property or cargo to be transported aboard any vehicle launched by or from the spaceport.

(15)  "Person" means any individual, child, university, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, nation, government (federal, state, or local), agency (government or other), subdivision of the state, municipality, county, business entity, or any other group or combination.

(16)  "Project" means any development, improvement, property, launch, utility, facility, system, works, road, sidewalk, enterprise, service, or convenience, which may include coordination with Enterprise Florida, Inc., the Board of Regents, and the Space Research Foundation; any rocket, capsule, module, launch facility, assembly facility, operations or control facility, tracking facility, administrative facility, or any other type of space-related transportation vehicle, station, or facility; any type of equipment or instrument to be used or useful in connection with any of the foregoing; any type of intellectual property and intellectual property protection in connection with any of the foregoing including, without limitation, any patent, copyright, trademark, and service mark for, among other things, computer software; any water, wastewater, gas, or electric utility system, plant, or distribution or collection system; any small business incubator initiative, including any startup aerospace company, research and development company, research and development facility, storage facility, and consulting service; or any tourism initiative, including any space experience attraction, space-launch-related activity, and space museum sponsored or promoted by the authority.

(17)  "Range" means the geographical area designated by the authority or other appropriate body as the area for the launching of rockets, missiles, launch vehicles, and other vehicles designed to reach high altitude.

(18)  "Recovery" means the recovery of space vehicles and payloads which have been launched from or by the spaceport.

(19)  "Spaceport" means any area of land or water, or any manmade object or facility located therein, developed by the authority under this act, which area is intended for public use or for the launching, takeoff, and landing of spacecraft and aircraft, and includes any appurtenant areas which are used or intended for public use, for spaceport buildings, or for other spaceport facilities, spaceport projects, or rights-of-way.

(20)  "Spaceport launch facilities" shall be defined as industrial facilities in accordance with s. 380.0651(3)(c) and include any launch pad, launch control center, and fixed launch-support equipment.

(21)  "Spaceport system" means the programs, organizations, and infrastructure developed by the authority for the development of facilities or activities to enhance and provide commercial space-related development opportunities for business, education, and government within the state.

(22)  "Spaceport territory" means the geographical area designated in s. 331.304 and as amended or changed in accordance with s. 331.329.

(23)  "Spaceport user" means any person who uses the facilities or services of any spaceport; and, for the purposes of any exemptions or rights granted under this act, said spaceport user shall be deemed a spaceport user only during the time period in which such person has in effect a contract, memorandum of understanding, or agreement with the spaceport, and such rights and exemptions shall be granted with respect to transactions relating only to spaceport projects.

(24)  "Travel expenses" means the actual, necessary, and reasonable costs of transportation, meals, lodging, and incidental expenses normally incurred by a traveler, which costs are defined and prescribed by rules adopted by the authority, subject to approval by the Comptroller.

(25)  "Spaceport discretionary capacity improvement projects" means capacity improvements that enhance space transportation capacity at spaceports that have had one or more orbital or suborbital flights during the previous calendar year or have an agreement in writing for installation of one or more regularly scheduled orbital or suborbital flights upon the commitment of funds for stipulated spaceport capital improvements.

History.--ss. 3, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 1, ch. 90-361; s. 2, ch. 91-265; s. 116, ch. 99-13; s. 2, ch. 99-256; s. 72, ch. 99-385.

331.304  Spaceport territory.--The following property shall constitute spaceport territory:

(1)  Certain real property located in Brevard County that is included within the 1998 boundaries of Patrick Air Force Base, Cape Canaveral Air Station, ¹or John F. Kennedy Space Center.

(2)  Certain real property located in Gulf County with the following boundaries:

(a)  Northern boundary--Latitude 29°40'45" North from longitude 85°20' West in a westerly direction to the mean high water line of the Gulf of Mexico.

(b)  Eastern boundary--Longitude 85°20' West.

(c)  Western boundary--The mean high water line of the shore along the Gulf of Mexico.

(d)  Southern boundary--The mean high water line of the shore along the Gulf of Mexico.

(3)  Certain real property located in Santa Rosa, Okaloosa, and Walton Counties which is included within the 1997 boundaries of Eglin Air Force Base.

History.--ss. 4, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 2, ch. 90-361; s. 3, ch. 99-256.

¹Note.--The word "or" was inserted by the editors.

¹331.305  Powers of the authority.--The authority shall have the power to:

(1)  Exercise all powers granted to corporations under the Florida Business Corporation Act, chapter 607.

(2)  Sue and be sued by its name in any court of law or in equity.

(3)  Adopt and use a corporate seal and alter the same at pleasure.

(4)  Review and make recommendations with respect to a strategy to guide and facilitate the future of space-related educational and commercial development. The authority shall in coordination with the Federal Government, private industry, and Florida universities develop a business plan which shall address the expansion of Spaceport Florida locations, space launch capacity, spaceport projects, and complementary activities, which shall include, but not be limited to, a detailed analysis of:

(a)  The authority and the commercial space industry.

(b)  Products, services description--potential, technologies, skills.

(c)  Market research and evaluation--customers, competition, economics.

(d)  Marketing plan and strategy.

(e)  Design and development plan--tasks, difficulties, costs.

(f)  Manufacturing locations, facilities, and operations plan.

(g)  Management organization--roles and responsibilities.

(h)  Overall schedule (monthly).

(i)  Important risks, assumptions, and problems.

(j)  Community impact--economic, human development, community development.

(k)  Financial plan (monthly for first year; quarterly for next 3 years).

(l)  Proposed authority offering--financing, capitalization, use of funds.

(5)  Acquire property, real, personal, intangible, tangible, or mixed, within or without its territorial limits, in fee simple or any lesser interest or estate, by purchase, gift, devise, or lease, on such terms and conditions as the board may deem necessary or desirable, and sell or otherwise dispose of the same and of any of the assets and properties of the authority.

(6)  Make and execute any and all contracts and other instruments necessary or convenient to the exercise of its powers, including financing agreements with persons or spaceport users to facilitate the financing, construction, leasing, or sale of any project.

(7)  Whenever deemed necessary by the board, lease as lessor or lessee to or from any person, public or private, any facilities or property for the use of the authority and carry out any of the purposes of the authority.

(8)  Appoint, through its board of supervisors, an executive director.

(9)  Own, acquire, construct, develop, create, reconstruct, equip, operate, maintain, extend, and improve launch pads, landing areas, ranges, payload assembly buildings, payload processing facilities, laboratories, space business incubators, launch vehicles, payloads, space flight hardware, facilities and equipment for the construction of payloads, space flight hardware, rockets, and other launch vehicles, and other spaceport facilities and other space-related systems, including educational, cultural, and parking facilities and space-related initiatives.

(10)  Undertake a program of advertising to the public promoting space-related businesses or any spaceport projects of the authority, and expend moneys and undertake such activities to carry out such advertising and promotional program as the board from time to time may determine.

(11)  Own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve transportation facilities appropriate to meet the transportation requirements of the authority and activities conducted within the spaceport territory.

(12)  Own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve electric power plants, transmission lines and related facilities, gas mains and facilities of any nature for the production or distribution of natural gas, transmission lines and related facilities and plants and facilities for the generation and transmission of power through traditional and new and experimental sources of power and energy; purchase electric power, natural gas, and other sources of power for distribution within any spaceport territory; develop and operate water and sewer systems and waste collection and disposal consistent with chapter 88-130, Laws of Florida; and develop and operate such new and experimental public utilities, including, but not limited to, centrally distributed heating and air-conditioning facilities and services, closed-circuit television systems, and computer services and facilities, as the board may from time to time determine. However, the authority shall not construct any system, work, project, or utility authorized to be constructed under this paragraph in the event that a system, work, project, or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory adjacent thereto, unless such municipality or private company consents to such construction.

(13)  Designate, set aside, and maintain lands and areas within or without the territorial limits of any spaceport territory as conservation areas or bird and wildlife sanctuaries; stock such areas with animal and plant life and stock water areas with fish and other aquatic life; promulgate and enforce rules and regulations with respect thereto and protect and preserve the natural beauty thereof; and do all acts necessary or desirable in order to qualify such lands and areas as conservation areas and sanctuaries under any of the laws of the state or under federal law.

(14)  Establish a program for the control, abatement, and elimination of mosquitoes and other noxious insects, rodents, reptiles, and other pests throughout the spaceport territory and undertake such works and construct such facilities within or without the spaceport territory as may be determined by the board to be needed to effectuate such program; abate and suppress mosquitoes and other arthropods, whether disease-bearing or pestiferous, within any spaceport territory when in the judgment of the board such action is necessary or desirable for the health and welfare of the inhabitants of or visitors to any spaceport; and take any and all temporary or permanent eliminative measures that the board may deem advisable. The Legislature hereby finds and declares the authority eligible to receive state funds, supplies, services, and equipment available or that may in the future become available to mosquito or pest control districts, the provisions of s. 388.021 notwithstanding.

(15)  Subject to the rules and regulations of the appropriate water management district, own, acquire, construct, reconstruct, equip, maintain, operate, extend, and improve water and flood control facilities. The Legislature hereby finds and declares the authority eligible to receive moneys, disbursements, and assistance from the state available to flood control or water management districts and navigation districts or agencies.

(16)  Own, acquire, construct, reconstruct, equip, maintain, operate, extend, and improve public safety facilities for the spaceport, including security stations, security vehicles, fire stations, water mains and plugs, and fire trucks and other vehicles and equipment; hire employees, security officers, and firefighters; and undertake such works and construct such facilities determined by the board to be necessary or desirable to promote and ensure public safety within the spaceport territory.

(17)  Hire, through its executive director, a safety officer with substantial experience in public safety procedures and programs for space vehicle launching and related hazardous operations. The safety officer shall monitor and report on the safety and hazards of ground-based space operations to the executive director.

(18)  Establish a personnel management system for hiring employees and setting employee benefit packages. The personnel of the authority shall not be considered to be within the state employment system.

(19)  Establish procedures, rules, and rates governing per diem and travel expenses of its employees, the members of the board of supervisors, and other persons authorized by the board to incur such expenses. Except as otherwise provided in s. 331.3101, such rules are subject to provisions of state law or rules pertaining to per diem and travel expenses of public officers, employees, or other persons authorized by an agency head to incur such expenses.

(20)  Examine, develop, and utilize new concepts, designs, and ideas; own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve experimental spaceport facilities and services; and otherwise undertake, sponsor, finance, and maintain such research activities, experimentation, and development as the board may from time to time determine, in connection with any of the projects that the authority is authorized to undertake pursuant to the powers and authority vested in it by this act, and in order to promote the development and utilization of new concepts, designs, and ideas in the fields of space exploration, commercialization of the space industry, and spaceport facilities.

(21)  Issue revenue bonds, assessment bonds, or any other bonds or obligations authorized by the provisions of this act or any other law, or any combination of the foregoing, and pay all or part of the cost of the acquisition, construction, reconstruction, extension, repair, improvement, or maintenance of any project or combination of projects, including payloads and space flight hardware, and equipment for research, development, and educational activities, to provide for any facility, service, or other activity of the authority, and provide for the retirement or refunding of any bonds or obligations of the authority, or for any combination of the foregoing purposes. The authority must provide 14 days' notice to the presiding officers and appropriations chairs of both houses of the Legislature prior to presenting a bond proposal to the Governor and Cabinet. If either presiding officer or appropriations chair objects to the bonding proposal within the 14-day-notice period, the bond issuance may be approved only by a vote of two-thirds of the members of the Governor and Cabinet.

(22)  Make expenditures for entertainment and travel expenses and business clients, guests, and other authorized persons as provided in this act.

(23)  In connection with any financing agreement, fix and collect fees, loan payments, rental payments, and other charges for the use of any project in such amount as to provide sufficient moneys to pay the principal of and interest on bonds as the same shall become due and payable, if so provided in the bond resolution or trust agreement, and to create reserves for such purposes. The fees, rents, payments, and charges and all other revenues and proceeds derived from the project in connection with which the bonds of any issue shall have been issued, except such part thereof as may be necessary for such reserves or any expenditures as may be provided in the resolution authorizing the issuance of the bonds or in the trust agreement securing the same, shall be set aside, at the time as may be specified in the resolution or trust agreement, in a sinking fund which may be pledged to and charged with the payment of the principal of and the interest on such bonds as the same shall become due and the redemption price or the purchase price of bonds retired by call or purchase as therein provided. Such pledge shall be valid and binding from the time the pledge is made. The fees, rents, charges, and other revenues and moneys so pledged and thereafter received by or on behalf of the authority shall immediately be subject to the lien of any such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded, except in the records of the authority. The use and disposition of money to the credit of the sinking fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or the provisions of such trust agreement.

(24)  Exercise the right and power of eminent domain in spaceport territory as defined in s. 331.304. In exercising such power, the authority shall comply with the procedures and requirements of chapters 73 and 74.

History.--ss. 5, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 3, ch. 90-361; s. 3, ch. 91-265; s. 476, ch. 95-148; s. 117, ch. 99-13; s. 73, ch. 99-385.

¹Note.--Section 11, ch. 91-265, provides that "[a]ny funds generated by the Spaceport Florida Authority may be used for matching purposes under the State University System's facilities matching grant program."

331.306  Federal airspace notification.--In coordination with the Florida Department of Transportation, the authority shall develop and file the federal airspace notification required for priority airspace use.

History.--ss. 6, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.307  Development of Cape San Blas facility.--The spaceport facility at Cape San Blas may only be developed in accordance with the recommendations of the Spaceport Florida Feasibility Study upon the following conditions:

(1)  Construction at the site shall not cause significant degradation of the water quality or injure aquatic life in St. Joseph Bay or the adjacent water of the Gulf of Mexico.

(2)  Rocket launches shall be limited to small sounding rockets or other similar suborbital craft.

(3)  Construction on site shall be placed within the boundaries of facilities existing on the effective date of this act.

(4)  Construction of support facilities, other than those needed for direct rocket launching, shall be located a minimum of 5 miles from the launch facility. The board, or persons leasing from the board, shall not permit the use of the launch facilities if parts or services are required from any person who locates manufacturing or commercial facilities on Cape San Blas or within 5 miles of the launch facility after the passage of this act.

History.--ss. 7, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.308  Board of supervisors.--

(1)  There is created within the Spaceport Florida Authority a board of supervisors consisting of seven regular members, who shall be appointed by the Governor, and two ex officio nonvoting members, one of whom shall be a state senator selected by the President of the Senate and one of whom shall be a state representative selected by the Speaker of the House of Representatives, all of whom shall be subject to confirmation by the Senate at the next regular session of the Legislature. Each of the regular board members must be a resident of the state and must have experience in the aerospace or commercial space industry or in finance or have other significant relevant experience. One regular member shall represent organized labor interests and one regular member shall represent minority interests.

(2)  Each member shall serve a term of 4 years or until a successor is appointed and qualified. The term of each such member shall be construed to commence on the date of appointment and to terminate on June 30 of the year of the end of the term. Appointment to the board shall not preclude any such member from holding any other private or public position.

(3)  The ex officio nonvoting members shall serve on the board for 2-year terms.

(4)  Any vacancy on the board shall be filled for the balance of the unexpired term.

(5)  Initial appointments shall be made no later than 60 days after this act takes effect.

(6)  The board shall hold its initial meeting no later than 20 days after the members have been appointed. At its initial meeting, or as soon thereafter as is practicable, the board shall appoint an executive director. Meetings shall be held quarterly or more frequently at the call of the chair. A majority of the regular members of the board shall constitute a quorum, and a majority vote of such members present is necessary for any action taken by the board.

(7)  The Governor has the authority to remove from the board any regular member in the manner and for cause as defined by the laws of this state and applicable to situations which may arise before the board. Unless excused by the chair of the board, a regular member's absence from two or more consecutive board meetings creates a vacancy in the office to which the member was appointed.

History.--ss. 8, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 477, ch. 95-148; s. 118, ch. 99-13; s. 74, ch. 99-385.

331.309  Treasurer; depositories; fiscal agent.--

(1)  The board shall designate an individual who is a resident of the state, or a qualified public depository as defined in s. 280.02, as treasurer of the authority, who shall have charge of the funds of the authority. Such funds shall be disbursed only upon the order of or pursuant to the resolution of the board by warrant, check, authorization, or direct deposit pursuant to s. 215.85, signed or authorized by the treasurer or his or her representative or by such other persons as may be authorized by the board. The board may give the treasurer such other or additional powers and duties as the board may deem appropriate and shall establish the treasurer's compensation. The board may require the treasurer to give a bond in such amount, on such terms, and with such sureties as may be deemed satisfactory to the board to secure the performance by the treasurer of his or her powers and duties. The board shall audit or have audited the books of the treasurer at least once a year.

(2)  The board is authorized to select as depositories in which the funds of the board and of the authority shall be deposited any qualified public depository as defined in s. 280.02, upon such terms and conditions as to the payment of interest by such depository upon the funds so deposited as the board may deem just and reasonable. Funds of the authority may also be deposited with the Florida Commercial Space Financing Corporation created by s. 331.407. The funds of the authority may be kept in or removed from the State Treasury upon written notification from the chair of the board to the State Comptroller.

(3)  The board may employ a fiscal agent, who shall be either a resident of the state or a corporation organized under the laws of this or any other state and authorized by such laws to act as such fiscal agent in the state.

History.--ss. 9, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 4, ch. 91-265; s. 478, ch. 95-148; s. 20, ch. 98-409; s. 17, ch. 99-256.

331.310  Powers and duties of the board of supervisors.--Except as otherwise provided in this act, all of the powers and duties of the authority shall be exercised by and through the board of supervisors, including the power and duty to:

(1)  Adopt bylaws, rules, resolutions, and orders prescribing the powers, duties, and functions of the officers of the authority, the conduct of the business of the authority, the maintenance of records, and the form of all documents and records of the authority. The board may adopt administrative rules and regulations with respect to any of the projects of the authority, with notice and public hearing.

(2)  Maintain an executive office and authority offices in close proximity to Kennedy Space Center.

(3)  Enter, and authorize any agent or employee of the authority to enter, upon any lands, waters, and premises, upon giving reasonable notice and due process to the land owner, for the purposes of making surveys, soundings, drillings, appraisals, and examinations necessary to perform its duties and functions. Any such entry shall not be deemed a trespass or an entry that would constitute a taking in an eminent domain proceeding. The authority shall make reimbursement for any actual damages to such lands, waters, and premises as a result of such activity.

(4)  Execute all contracts and other documents, adopt all proceedings, and perform all acts determined by the board to be necessary or desirable to carry out the purposes of this act. The board may authorize one or more members of the board to execute contracts and other documents on behalf of the board or the authority.

(5)  Establish and create such departments, committees, or other agencies as from time to time the board may deem necessary or desirable in the performance of any acts or other things necessary to the exercise of the powers provided in this act, and delegate to such departments, boards, or other agencies such administrative duties and other powers as the board may deem necessary or desirable.

(6)  Appoint a person to act as executive director of the authority, having such official title, functions, duties, powers, and salary as the board may prescribe.

(7)  Examine, and authorize any officer or agent of the authority to examine, the county tax rolls with respect to the assessed valuation of the real and personal property within any spaceport territory.

(8)  Engage in the planning and implementation of space-related economic and educational development within the state.

(9)  Execute intergovernmental agreements and development agreements consistent with prevailing statutory provisions, including, but not limited to, special benefits or tax increment financing initiatives.

(10)  Establish reserve funds for future board operations.

(11)  Adopt rules pursuant to chapter 120 to carry out the purposes of this act.

(12)  Abide by all applicable federal labor laws in the construction and day-to-day operations of the authority and any spaceport. Further, the board shall establish, by rule and regulation, pursuant to chapter 120, policies and procedures for the construction and operation of the authority and any spaceport. Said policies and procedures shall be such that when the authority expends federal funds for construction or operation of any spaceport project, the authority will be subject to the federal labor laws observed at the Kennedy Space Center and Cape Canaveral Air Force Station, Florida, applicable as a result of such federal expenditures.

(13)  Prepare an annual report of operations. Said report shall include, but not be limited to, a balance sheet, an income statement, a statement of changes in financial position, a reconciliation of changes in equity accounts, a summary of significant accounting principles, the auditor's report, a summary of the status of existing and proposed bonding projects, comments from management about the year's business, and prospects for the next year, which shall be submitted each year by November 30 to the Governor, the President of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives.

(14)  Change the name of the authority.

History.--ss. 10, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 4, ch. 90-361.

331.3101  Spaceport Florida Authority; travel and entertainment expenses.--

(1)  Notwithstanding the provisions of s. 112.061, the authority shall adopt rules by which it may make expenditures by advancement or reimbursement, or a combination thereof, to authority officers and employees; reimburse business clients, guests, and authorized persons as defined in s. 112.061(2)(e); and make direct payments to third-party vendors:

(a)  For travel expenses of such business clients, guests, and authorized persons incurred by the authority in connection with the performance of its statutory duties, and for travel expenses incurred by state officials and state employees while accompanying such business clients, guests, or authorized persons or when authorized by the board or its designee.

(b)  For entertainment expenses of such guests, business clients, and authorized persons incurred by the authority in connection with the performance of its statutory duties, and for entertainment expenses incurred for authority officials and employees when such expenses are incurred while in the physical presence of such business clients, guests, or authorized persons.

(2)  The rules shall be subject to approval by the Comptroller prior to promulgation. The rules shall require the submission of paid receipts, or other proof prescribed by the Comptroller, with any claim for reimbursement, and shall require, as a condition for any advancement, an agreement to submit paid receipts or other proof and to refund any unused portion of the advancement within 15 days after the expense is incurred or, if the advancement is made in connection with travel, within 15 days after completion of the travel. However, with respect to an advancement made solely for travel expenses, the rules may allow paid receipts or other proof to be submitted, and any unused portion of the advancement to be refunded, within 30 days after completion of the travel.

(3)  An annual report shall be made to the Legislature not later than November 30 of each year for the previous fiscal year, which shall consist of a synopsis concisely summarizing all travel, entertainment, and incidental expenses incurred within the United States and, separately, all travel, entertainment, and incidental expenses incurred outside the United States.

(4)  No claim submitted under this section shall be required to be sworn to before a notary public or other officer authorized to administer oaths, but any claim authorized or required to be made under any provision of this section shall contain a statement that the expenses were actually incurred as necessary travel or entertainment expenses in the performance of official duties of the authority and shall be verified by written declaration that it is true and correct as to every material matter. Any person who willfully makes and subscribes to any such claim which the person does not believe to be true and correct as to every material matter or who willfully aids or assists in, or procures, counsels, or advises, the preparation or presentation of a claim pursuant to this section, which claim is fraudulent or false as to any material matter, whether or not such falsity or fraud is with the knowledge or consent of the person authorized or required to present such claim, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Whoever receives an advancement or reimbursement by means of a false claim is civilly liable, in the amount of the overpayment, for the reimbursement of the public fund from which the claim was paid.

History.--s. 5, ch. 90-361; s. 37, ch. 91-201; s. 247, ch. 91-224; s. 479, ch. 95-148.

331.311  Exercise by authority of its powers within municipalities and other political subdivisions.--The authority shall have the power to exercise any of its rights, powers, privileges, and authority in any and all portions of any spaceport territory lying within the boundaries of any municipal corporation or other political subdivision, heretofore or hereafter created or organized, whose boundaries lie wholly or partly within the geographical limits of the spaceport territory, to the same extent and in the same manner as in areas of the spaceport territory not incorporated as part of a municipality or other political subdivision. With respect to any municipal corporation or other political subdivision whose boundaries lie partly within and partly without the geographical limits of the spaceport territory, the authority shall have the power to exercise its rights, powers, privileges, and authority only within the portion of such municipal corporation or other political subdivision lying within the boundaries of the spaceport territory.

History.--ss. 11, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.312  Furnishing facilities and services within the spaceport territory.--The authority shall have the power to construct, develop, create, maintain, and operate its projects within the geographical limits of the spaceport territory, including any portions of the spaceport territory located inside the boundaries of any incorporated municipality or other political subdivision, and to offer, supply, and furnish the facilities and services provided for in this act to, and to establish and collect fees, rentals, and other charges from, persons, public or private, within the geographical limits of the spaceport territory and for the use of the authority itself.

History.--ss. 12, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.313  Power of the authority with respect to roads.--Within the territorial limits of any spaceport territory, the authority has the right to acquire, through purchase or interagency agreement, or as otherwise provided in law, and to construct, control, and maintain, roads deemed necessary by the authority and connections thereto and extensions thereof now or hereafter acquired, constructed, or maintained in accordance with established highway safety standards; provided that, in the event a road being addressed by the authority is owned by another agency or jurisdiction, the authority, prior to proceeding with the proposed project or work activity, shall have either coordinated the desired work with the owning agency or jurisdiction or shall have successfully executed an interagency agreement with the owning agency or jurisdiction.

History.--ss. 13, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.314  Exclusive authority.--This act specifically provides that the authority shall have exclusive power and authority to regulate spaceports in the state.

History.--ss. 14, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.315  Maintenance of projects across rights-of-way.--The authority shall have the right to construct and operate its projects in, along, or under any streets, alleys, highways, or other public places or ways, and across any drain, ditch, canal, floodway, holding basin, excavation, railroad right-of-way, track, grade, fill, or cut; provided, however, that just compensation, including fees, shall be paid by the authority for any damages or private property taken by the exercise of such power.

History.--ss. 15, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.316  Rates, fees, rentals, tolls, fares, and charges; procedure for adoption and modification; minimum revenue requirements.--

(1)  To recover the costs of the spaceport facility or system, the authority shall have the power to prescribe, fix, establish, and collect rates, fees, rentals, tolls, fares, or other charges (hereinafter referred to as "revenues"), and to revise the same from time to time, for the facilities and services furnished or to be furnished by the authority and the spaceport, including, but not limited to, launch pads, ranges, payload assembly and processing facilities, visitor and tourist facilities, transportation facilities, and parking and other related facilities, and shall have the power to provide for reasonable penalties against any user or property for any such rates, fees, rentals, tolls, fares, or other charges that are delinquent.

(2)  The board shall have the power to enter into contracts for the use of the projects of the authority and for the services and facilities furnished or to be furnished by the authority, including, but not limited to, launch services, payload assembly and processing, and other space-related services, for such consideration and on such other terms and conditions as the board may approve. Such contracts, and revenues or service charges received or to be received by the authority thereunder, may be pledged as security for any of the bonds of the authority.

History.--ss. 16, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.317  Recovery of delinquent charges.--In the event that any of the rates, fees, rentals, tolls, fares, other charges, or delinquent penalties shall not be paid as and when due and shall be in default for 30 days or more, the unpaid balance thereof and all interest accrued thereon, together with attorney's fees and costs, may be recovered by the authority in a civil action.

History.--ss. 17, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.318  Discontinuance of service.--In the event that the rates, fees, rentals, tolls, fares, or other charges for the services and facilities of any project are not paid when due, the board shall have the power to discontinue and shut off the same until such rates, fees, rentals, tolls, fares, or other charges, including interest, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities, are fully paid. Such delinquent rates, fees, rentals, tolls, fares, or other charges, together with interest, penalties, and charges for the shutting off and discontinuance and the restoration of such services and facilities, and reasonable attorney's fees and other expenses, may be recovered by the authority by suit in any court of competent jurisdiction. The authority may also enforce payment of such delinquent rates, fees, rentals, tolls, fares, or other charges by any other lawful method of enforcement.

History.--ss. 18, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.319  Comprehensive planning; building and safety codes.--The board of supervisors shall have the power to:

(1)  Adopt, and from time to time review, amend, supplement, or repeal, a comprehensive general plan for the physical development of the area within the spaceport territory in accordance with the objectives and purposes of this act and consistent with the comprehensive plans of the applicable county or counties and municipality or municipalities adopted pursuant to the Local Government Comprehensive Planning and Land Development Regulation Act, part II of chapter 163.

(2)  Prohibit within the spaceport territory the construction, alteration, repair, removal, or demolition, or the commencement of the construction, alteration, repair (except emergency repairs), removal, or demolition, of any building or structure, including, but not by way of limitation, public utility poles, lines, pipes, and facilities, without first obtaining a permit from the board or such other officer or agency as the board may designate, and to prescribe the procedure with respect to the obtaining of such permit.

History.--ss. 19, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.320  Additional powers of board.--The board shall have the power within any spaceport territory to:

(1)  Adopt regulations to prohibit or control the pollution of air and water, and require certain location and placement of electrical power, telephone, and other utility lines, cables, pipes, and ducts.

(2)  Divide the spaceport territory into zones or districts of such number, shape, and area as the board may deem best suited to carry out the purposes of this act, and within and for each such district make regulations and restrictions as provided for in subsection (1).

History.--ss. 20, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.321  Federal and other funds and aid.--The authority is authorized to accept, receive, and receipt for federal moneys, property, and other moneys or properties, either public or private, for the acquisition, planning, operation, construction, enlargement, improvement, maintenance, equipment, or development of programs, facilities, and sites therefor, and to comply with the provisions of the laws of the United States and any rules and regulations made thereunder for the expenditure of federal moneys.

History.--ss. 21, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.322  Agreements with municipalities within any spaceport territory.--The board and the governing body or bodies of any one or more municipalities located wholly or partly within any spaceport territory, whether now in existence or hereafter created, are authorized to enter into and carry into effect contracts and agreements relating to the common powers, duties, and functions of the board and other officers, agents, and employees of the authority, and the respective governing body or bodies of one or more such municipalities, and their respective officers, agents, and employees, to the end that there may be effective cooperation between and coordination of the efforts of such municipality or municipalities and the authority in discharging their common functions, powers, and duties and in rendering services to the respective residents and property owners of such municipality or municipalities and the authority. The board and the governing body or bodies of one or more such municipalities are further authorized to enter into and carry into effect contracts and agreements for the performance of any of their common functions, powers, and duties by a central agency or common agent of the contracting parties.

History.--ss. 22, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.323  Cooperative agreements with the state, counties, and municipalities.--

(1)  The state and the counties, municipalities, and other political subdivisions, public bodies, and agencies thereof, or any of them, whether now existing or hereafter created, are authorized to aid and cooperate with the authority in carrying out any of the purposes and projects of the authority, to enter into cooperative agreements with the authority, to provide in any such cooperative agreement for the making of loans, gifts, grants, or contributions to the authority and the granting and conveyance to the authority of real or personal property of any kind or nature, or any interest therein, for the carrying out of the purpose and projects of the authority; to covenant in any such cooperative agreement to pay all or any part of the costs of acquisition, planning, development, construction, reconstruction, extension, improvement, operation, and maintenance of any projects of the authority; and to pay all or any part of the principal and interest on any bonds of the authority.

(2)  The state and the counties, municipalities, and other political subdivisions, public bodies, and agencies thereof, or any of them, whether now existing or hereafter created, and the authority created by this act, are further authorized to enter into cooperative agreements to provide for the furnishing by the authority to the state or any county, municipality, or other political subdivision, public body, or agency thereof of any of the facilities and services of the authority, or by the state or any county, municipality, or other political subdivision, public body, or agency thereof to the authority and to persons within the spaceport territory of facilities and services of the type that the authority is authorized to furnish or undertake, or such other facilities and services as may be determined necessary or desirable by the board for the carrying out of the purposes of this act. Without limitation of the foregoing, such cooperative agreements may provide for the furnishing by any county, municipality, or other political subdivision of fire and police protection for the authority and persons and property within the authority, and for the providing to the authority of any services deemed necessary or desirable by the board for the proper functioning of the authority.

(3)  Without limitation of the foregoing, the board may undertake and finance any of the projects of the authority, in whole or in part, jointly with any municipality or municipalities, now existing or hereafter created, or in any other manner combine the projects of the authority with the projects of such municipality or municipalities.

(4)  Any agreement of the type authorized by this section may be made and entered into pursuant to this act for such time or times, not exceeding 40 years.

History.--ss. 23, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.324  Contracts, grants, and contributions.--The authority shall have the power to make and enter all contracts and agreements necessary or incidental to the performance of the functions of the authority and the execution of its powers, and to contract with, and to accept and receive grants or loans of money, material, or property from, any person, private or public, as the board shall determine to be necessary or desirable to carry out the purposes of this act, and in connection with any such contract, grant, or loan to stipulate and agree to such covenants, terms, and conditions as the board shall deem appropriate.

History.--ss. 24, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.325  Environmental permits.--The authority shall obtain required environmental permits in accordance with federal and state law and shall comply with the provisions of chapter 380.

History.--ss. 29, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.326  Information relating to trade secrets confidential.--The records of the authority regarding matters encompassed by this act are public records subject to the provisions of chapter 119. Any information held by the authority which is a trade secret, as defined in s. 812.081, including trade secrets of the authority, any spaceport user, or the space industry business, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution and may not be disclosed. If the authority determines that any information requested by the public will reveal a trade secret, it shall, in writing, inform the person making the request of that determination. The determination is a final order as defined in s. 120.52. Any meeting or portion of a meeting of the authority's board of supervisors is exempt from the provisions of s. 286.011 and s. 24(b), Art. I of the State Constitution when the board is discussing trade secrets. Any public record generated during the closed portions of such meetings, such as minutes, tape recordings, and notes, is confidential and exempt from the provisions of s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

History.--ss. 30, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 107, ch. 90-360; s. 1, ch. 95-355; s. 159, ch. 96-406; s. 69, ch. 96-410.

331.327  Foreign trade zone.--The authority shall have the power to apply to the Federal Government for a grant allowing the designation of any spaceport territory as a foreign trade zone pursuant to ss. 288.36 and 288.37. However, the designation of any spaceport territory as a foreign trade zone shall not be deemed to authorize an exemption from any tax imposed by the state or by any political subdivision, agency, or instrumentality thereof.

History.--ss. 31, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.328  Sovereign immunity.--The authority shall be granted sovereign immunity in the same manner as the state under the laws and Constitution of the State of Florida. The state, by this section, hereby waives the sovereign immunity granted to the same extent as waived by the state under state law.

History.--ss. 32, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.329  Changing boundary lines; annexation and exclusion of lands; creation of municipalities within the geographical limits of any spaceport territory; limitations on the furnishing of services within annexed areas.--

(1)  The board may at any time strike out or correct the description of any land within or claimed to be within the boundary lines of any spaceport territory upon the written consent of the owners of all the land that would be included or excluded from the boundary lines of any spaceport territory or otherwise affected by the taking of such action, and of the owners of not less than the majority in acreage of all lands within any spaceport territory.

(a)  The board may enlarge the geographical limits of any spaceport territory to include any lands not then within any spaceport territory:

1.  Upon the written consent of the owners of all the land to be included in any spaceport territory and of the owners of not less than a majority in acreage of all the land then within any spaceport territory; or

2.  By resolution of the board approved at a special election called for such purpose, by vote of a majority of freeholders residing within the area to be annexed and a majority of freeholders residing within any spaceport territory.

(b)  The board may contract the geographical limits of any spaceport territory so as to exclude from any spaceport territory any land then within any spaceport territory:

1.  Upon the written consent of the owners of all the land to be so excluded and of the owners of not less than a majority in acreage of all the land then within any spaceport territory; or

2.  By resolution of the board approved at a special election called for such purpose, by vote of a majority of freeholders residing within the area to be excluded and a majority of the freeholders residing within any spaceport territory.

(2)  Land, including property situated thereon, added to any spaceport territory in the manner provided in subsection (1) shall from the time of its inclusion within such spaceport territory be subject to all assessments thereafter levied and assessed on all other land or property of any spaceport territory similarly situated. Land, including property situated thereon, excluded from any spaceport territory in the manner provided in subsection (1) shall from the date of such exclusion be exempt from assessments thereafter imposed by the authority but shall not be exempt from assessments theretofore levied or due with respect to such land or property, or from subsequent installments of assessments theretofore levied or assessed with respect thereto, and such assessments may be enforced and collected by or on behalf of the authority in the same manner as if such land or property continued to be within the geographical limits of any spaceport territory.

(3)  In the event that the geographical limits of any spaceport territory as set forth in s. 331.304 are revised so as to include within any spaceport territory any areas not presently contained within any spaceport territory, the authority shall not engage in the business of furnishing electric power for sale in such annexed area, unless the authority shall offer to purchase from any person who is at the time engaged in the business of making, generating, or distributing electricity for sale within such annexed area, such portion of its electric plant and property suitable and used for such business in connection therewith as lies within the limits of such annexed area, in a manner consistent with law.

(4)  The authority shall designate new launch pads outside the present designated spaceport territories by statutory amendment of s. 331.304.

History.--ss. 33, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.330  Enforcement and penalties.--The board or any aggrieved person may have recourse to such remedies in law and equity as may be necessary to ensure compliance with the provisions of this act, including injunctive relief to enjoin or restrain any person violating the provisions of this act, and any bylaws, resolutions, regulations, rules, codes, and orders adopted under this act, and the court shall, upon proof of such violation, have the duty to issue forthwith such temporary and permanent injunctions as are necessary to prevent such further violation thereof. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained, or any building, structure, land, or water is used, in violation of this act, or of any code, order, resolution, or other regulation made under authority conferred by this act or under law, the board may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use, to restrain, correct, or avoid such violation, to prevent the occupancy of such building, structure, land, or water, and to prevent any illegal act, conduct, business, or use in or about such premises, land, or water.

History.--ss. 34, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.331  Revenue bonds.--

(1)  Revenue bonds issued by the authority shall not be deemed revenue bonds issued by the state or its agencies for purposes of s. 11, Art. VII of the State Constitution and ss. 215.57-215.83. The authority shall include in its annual report to the Governor and Legislature, as provided in s. 331.310, a summary of the status of existing and proposed bonding projects.

(2)  The issuance of revenue bonds may be secured by or payable from the gross or net pledge of the revenues to be derived from any project or combination of projects, from the rates, fees, rentals, tolls, fares, or other charges to be collected from the users of any project or projects; from any revenue-producing undertaking or activity of the authority; or from any source of pledged security. Such bonds shall not constitute an indebtedness of the authority unless such bonds are additionally secured by the full faith and credit of the authority. Bonds issued by the authority are not secured by the full faith and credit of the State of Florida and do not constitute an obligation, either general or special, thereof.

(3)  Any two or more projects may be combined and consolidated into a single project, and may thereafter be operated and maintained as a single project. The revenue bonds authorized herein may be issued to finance any one or more such projects separately, or to finance two or more such projects, regardless whether or not such projects have been combined and consolidated into a single project. If the board deems it advisable, the proceedings authorizing such revenue bonds may provide that the authority may thereafter combine the projects then being financed or theretofore financed with other projects to be subsequently financed by the authority shall be on a parity with the revenue bonds then being issued, all on such terms, conditions, and limitations as shall be provided, and may further provide that the revenues to be derived from the subsequent projects shall at the time of the issuance of such parity revenue bonds be also pledged to the holders of any revenue bonds theretofore issued to finance the revenue undertakings which are later combined with such subsequent projects. The authority may pledge for the security of the revenue bonds a fixed amount, without regard to any fixed proportion of the gross revenues of any project.

History.--ss. 35, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 6, ch. 90-361; s. 6, ch. 91-265; s. 75, ch. 99-385.

331.332  Issuance of additional bonds.--If the proceeds of any bonds shall be less than the cost of completing the project in connection with which such bonds are issued, the board may authorize the issuance of additional bonds, upon such terms and conditions as the board may provide in the resolution authorizing the issuance thereof, but only in compliance with the resolution or other proceedings authorizing the issuance of the original bonds.

History.--ss. 36, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.333  Refunding bonds.--The authority through its board shall have the power to issue bonds to provide for the retirement or refunding of any bonds or obligations of the authority that at the time of such issuance are or subsequently thereto become due and payable, or that at the time of issuance have been called or are or will be subject to call for redemption within 10 years thereafter, or the surrender of which can be procured from the holders thereof at prices satisfactory to the board. Refunding bonds may be issued at any time when in the judgment of the board such issuance will be advantageous to the authority. The provisions of this act pertaining to bonds of the authority shall, unless the context otherwise requires, govern the issuance of refunding bonds, the form and other details thereof, the rights of the holders thereof, and the duties of the board with respect to the same.

History.--ss. 37, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.334  Pledging assessments and other revenues and properties as additional security on bonds.--The authority may pledge as additional security for the payment of any of the bonds of the authority its full faith and credit, and provide that such bonds shall be payable as to both principal and interest, and as to any reserve or other funds provided therefor, to the full extent that any revenues as defined in this act, assessments, or other funds, or any combination thereof, pledged therefor are insufficient for the full payment of the same, and provided further that no bonds shall be issued to the payment of which the full faith and credit of the authority is pledged unless approved at an election in the manner provided by law. The authority by resolution of the board may also pledge as additional security for said bonds the revenues from any project of the authority, utility service, assessments, and any other sources of revenue or funds, or any combination of the foregoing, and may pledge or mortgage any of the properties, rights, interest, or other assets of the authority. Bonds issued by the authority are not secured by the full faith and credit of the State of Florida and do not constitute an obligation, either general or special, thereof. The board may also provide with respect to any bonds of the authority that such bonds shall be payable, in whole or in part, as to principal amount or interest, or both, out of rates, fees, rentals, tolls, fares, or other charges collected with respect to any of the projects of the authority.

History.--ss. 38, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 7, ch. 90-361.

331.335  Lien of pledges.--All pledges of revenues and assessments made pursuant to the provisions of this act shall be valid and binding from the time when such pledges are made. All such revenues and assessments so pledged and thereafter collected shall immediately be subject to the lien of such pledges without any physical delivery thereof or further action, and the lien of such pledges shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof.

History.--ss. 39, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.336  Issuance of bond anticipation notes.--In addition to the other powers provided for in this act and not in limitation thereof, the authority shall have the power, at any time from time to time after the issuance of any bonds of the authority shall have been authorized, to borrow money for the purposes for which such bonds are to be issued in anticipation of the receipt of the proceeds of the sale of such bonds and to issue bond anticipation notes in a principal amount not in excess of the authorized maximum amount of such bond issue. Such notes shall be in such denomination or denominations, bear interest at such rate or rates, mature at such time or times, be renewable for such additional term or terms, and be in such form and executed in such manner as the board shall prescribe. Such notes may be sold at public sale, or if such notes shall be renewable notes, may be exchanged for notes then outstanding on such terms as the board shall determine. Such notes shall be paid from the proceeds of such bonds when issued. The board may in its discretion, in lieu of retiring the notes by means of bonds, retire them by means of current revenues or from any assessments levied for the payment of such bonds, but in such event a like amount of the bonds authorized shall not be issued.

History.--ss. 40, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.337  Short-term borrowing.--The authority at any time may obtain loans, in such amount and on such terms and conditions as the board may approve, for the purpose of paying any of the expenses of the authority or any costs incurred or that may be incurred in connection with any of the projects of the authority, which loans shall have such term or terms, be renewable for such term or terms, bear interest at such rate or rates, and be payable from and secured by a pledge of such funds, revenues, and assessments as the board may determine. For the purpose of defraying such costs and expenses, the authority may issue negotiable notes, warrants, or other evidences of debt signed on behalf of the authority by any one of the board, such notes or other evidences of indebtedness to be payable at such time or times, to bear interest at such rate or rates, and to be sold or discounted at such price or prices and on such term or terms as the board may deem advisable. The board shall have the right to provide for the payment thereof by pledging the whole or any part of the funds, revenues, and assessments of the authority.

History.--ss. 41, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.338  Trust agreements.--In the discretion of the board, any issue of bonds may be secured by a trust agreement by and between the authority and a corporate trustee which may be any trust company or bank having the powers of a trust company within or without the state. The resolution authorizing the issuance of the bonds or such trust agreement may pledge the revenues to be received from any projects of the authority and any other authorized moneys to be used for the repayment of bonds, and may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as the board may approve, including without limitation covenants setting forth the duties of the authority in relation to the acquisition, planning, development, construction, reconstruction, improvement, maintenance, repair, operation, and insurance of any projects, the fixing and revision of the rates, fees, rentals, tolls, fares, and charges, and the custody, safeguarding, and application of all moneys, and for the employment of consulting engineers in connection with such acquisition, planning, development, construction, reconstruction, improvement, maintenance, repair, or operation. It shall be lawful for any bank or trust company incorporated under the laws of the state or the United States which may act as a depository of the proceeds of bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority. Such resolution or trust agreement may set forth the rights and remedies of the bondholders and of the trustee, if any, and may restrict the individual right of action by bondholders. The board may provide for the payment of the proceeds of the sale of the bonds and the revenues of any project to such officer, board, or depository as it may designate for the custody thereof, and for the method of disbursement thereof, with such safeguards and restrictions as it may determine. All expenses incurred in carrying out the provisions of such resolution or trust agreement may be treated as part of the cost of the project to which such trust agreement pertains.

History.--ss. 42, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 8, ch. 90-361.

331.339  Sale of bonds.--Bonds may be sold in blocks or installments at different times, or an entire issue or series may be sold at one time. Bonds may only be sold at public sale after being advertised and publicly noticed, unless the authority has previously complied with the provisions of s. 218.385. Bonds may be sold or exchanged for refunding bonds. Special assessment and revenue bonds may be delivered as payment by the authority of the purchase price or lease of any project or part thereof, or a combination of projects or parts thereof, or as the purchase price of, or exchange for, any property, real, personal, or mixed, including franchises, or services rendered by any contractor, engineer, or other person, all at one time or in blocks from time to time, in such manner and upon such terms as the board in its discretion shall determine. The price or prices for any bonds sold, exchanged, or delivered may be:

(1)  The money paid for the bonds.

(2)  The principal amount, plus accrued interest to date of redemption or exchange, of outstanding obligations exchanged for refunding bonds.

(3)  In the case of special assessment or revenue bonds, the amount of any indebtedness to contractors or other persons paid with such bonds, or the fair value of any properties exchanged for the bonds, as determined by the board.

History.--ss. 43, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 7, ch. 91-265.

331.340  Authorization and form of bonds.--Bonds may be authorized by resolution or resolutions of the board which shall be adopted by a majority of all of the members thereof then in office and present at the meeting at which the resolution or resolutions are adopted and shall be approved as provided in s. 331.305. The resolution or resolutions of the board may be adopted at the same meeting at which they are introduced, and shall be published and noticed. The board may by resolution authorize the issuance of bonds, fix the aggregate amount of bonds to be issued, the purpose or purposes for which the moneys derived therefrom shall be expanded, the rate or rates of interest, the denomination of the bonds, whether or not the bonds are to be issued in one or more series, the date or dates thereof, the date or dates of maturity, which shall not exceed 40 years from their respective dates of issuance, the medium of payment, the place or places within or without the state where payment shall be made, registration privileges, redemption terms and privileges (whether with or without premium), the manner of execution, the form of the bonds including any interest coupons to be attached thereto, the manner of execution of bonds and coupons, and any and all other terms, covenants, and conditions thereof, and the establishment of reserve or other funds. Such authorizing resolution may further provide that such bonds may be executed manually or by engraved, lithographed, or facsimile signature, provided that where signatures are engraved, lithographed, or facsimile no bond shall be valid unless countersigned by a registrar or other officer designated by appropriate resolution of the board. The seal of the authority may be affixed, lithographed, engraved, or otherwise reproduced in facsimile on such bonds. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if the officer had remained in office until such delivery.

History.--ss. 44, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 480, ch. 95-148.

331.341  Interim certificates; replacement certificates.--Pending the preparation of definitive bonds, the board may issue interim certificates or receipts or temporary bonds, in such form and with such provisions as the board may determine, exchangeable for definitive bonds when such bonds shall have been executed and are available for delivery. The board may also provide for the replacement of any bonds which shall become mutilated or be lost or destroyed.

History.--ss. 45, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.342  Negotiability of bonds.--Any bond issued under this act and any interim certificate, receipt, or temporary bond shall, in the absence of an express recital on the face thereof that it is nonnegotiable, be fully negotiable and shall be and constitute negotiable instruments within the meaning and for all purposes of the law merchant and the laws of the State of Florida.

History.--ss. 46, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.343  Defeasance.--The board may make such provision with respect to the defeasance of the right, title, and interest of the holders of any of the bonds and obligations of the authority in any revenues, funds, or other properties by which such bonds are secured as the board deems appropriate and, without limitation on the foregoing, may provide that when such bonds or obligations become due and payable or shall have been called for redemption, and the whole amount of the principal and the interest and premium, if any, due and payable upon the bonds or obligations when outstanding shall be paid, or sufficient moneys or direct obligations of the United States Government the principal of and the interest on which when due will provide sufficient moneys, shall be held or deposited in trust for such purpose, and provision shall also be made for paying all other sums payable in connection with such bonds or other obligations, then and in such event the right, title, and interest of the holders of the bonds in any revenues, funds, or other properties by which such bonds are secured shall thereupon cease, terminate, and become void; and the board may apply any surplus in any sinking fund established in connection with such bonds or obligations and all balances remaining in all other funds or accounts other than money held for the redemption or payment of the bonds or other obligations to any lawful purpose of the authority as the board shall determine.

History.--ss. 47, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.344  Bonds as legal investment or security.--Notwithstanding any other provision of law to the contrary, all bonds issued under the provisions of this act shall constitute legal investments for savings banks, banks, trust companies, insurance companies, executors, administrators, trustees, guardians, and other fiduciaries and for any board, body, agency, instrumentality, county, municipality, or other political subdivision of the state, and shall be and constitute securities which may be deposited by banks or trust companies as security for deposits of state, county, municipal, or other public funds or by insurance companies as required or voluntary statutory deposits.

History.--ss. 48, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.345  Covenants.--Any resolution authorizing the issuance of bonds may contain such covenants as the board may deem advisable and all such covenants shall constitute valid and legally binding and enforceable contracts between the authority and the bondholders, regardless of the time of issuance thereof. Such covenants may include, without limitation, covenants concerning the disposition of the bond proceeds, the use and disposition of project revenues, the pledging of revenues, and assessments, the obligations of the authority with respect to the operation of the project and the maintenance of adequate project revenues, the issuance of additional bonds, the appointment, powers, and duties of trustees and receivers, the acquisition of outstanding bonds and obligations, restrictions on the establishing of competing projects or facilities, restrictions on the sale or disposal of the assets and property of the authority, the priority of assessment liens, the priority of claims by bondholders on the taxing power of the authority, the maintenance of deposits to assure the payment of revenues by users of spaceport facilities and services, the discontinuance of authority services by reason of delinquent payments, acceleration upon default, the execution of necessary instruments, the procedure for amending or abrogating covenants with the bondholders, and such other covenants as may be deemed necessary or desirable for the security of the bondholders.

History.--ss. 49, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.346  Validity of bonds; validation proceedings.--Any bonds issued by the authority shall be incontestable in the hands of bona fide purchasers or holders for value and shall not be invalid because of any irregularity or defect in the proceedings for the issue and sale thereof. Prior to the issuance of any bonds, the authority shall publish a notice at least once in a newspaper or newspapers published or of general circulation in the appropriate counties in the state, stating the date of adoption of the resolution authorizing such obligations, the amount, maximum rate of interest, and maturity of such obligations, and the purpose in general terms for which such obligations are to be issued, and further stating that no action or proceeding questioning the validity of such obligations or of the proceedings authorizing the issuance thereof, or of any covenants made therein, must be instituted within 20 days after the first publication of such notice, or the validity of such obligations, proceedings, and covenants shall not be thereafter questioned in any court whatsoever. If no such action or proceeding is so instituted within such 20-day period, then the validity of such obligations, proceedings, and covenants shall be conclusive, and all persons or parties whatsoever shall be forever barred from questioning the validity of such obligations, proceedings, or covenants in any court whatsoever.

History.--ss. 50, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.347  Act furnishes full authority for issuance of bonds.--This act constitutes full and complete authority for the issuance of bonds and the exercise of the powers of the authority provided herein. Any and all bonds issued by the authority shall not be secured by the full faith and credit of the State of Florida and do not constitute an obligation, either general or special, thereof.

History.--ss. 51, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 9, ch. 90-361.

331.348  Investment of funds.--The board may in its discretion invest funds of the authority through the Treasurer or in:

(1)  Direct obligations of or obligations guaranteed by the United States or for the payment of the principal and interest of which the faith and credit of the United States is pledged;

(2)  Bonds or notes issued by any of the following federal agencies: Bank for Cooperatives; federal intermediate credit banks; federal home loan bank system; federal land banks; or the Federal National Mortgage Association (including debentures or participating certificates issued by such association);

(3)  Public housing bonds issued by public housing authorities and secured by a pledge or annual contributions under an annual contribution contract or contracts with the United States;

(4)  Bonds or other interest-bearing obligations of any county, district, city, or town located in the state for which the full faith and credit of such political subdivision is pledged;

(5)  Any investment authorized for insurers by ss. 625.306-625.316 and amendments thereto; or

(6)  Any investment authorized under s. 18.10 and amendments thereto.

History.--ss. 52, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 10, ch. 90-361.

331.349  Fiscal year of the authority.--The board has the power to establish and from time to time redetermine the fiscal year of the authority. Unless the board otherwise provides, the authority's fiscal year shall be October 1 through September 30.

History.--ss. 53, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.350  Insurance coverage of the authority; safety program.--

(1)  Notwithstanding any other provision of law, the State Risk Management Trust Fund established under s. 284.30 shall not insure buildings and property owned or leased by the authority.

(2)  Notwithstanding any other provision of law, the State Risk Management Trust Fund established under s. 284.30 shall not insure against any liability of the authority.

(3)  The authority shall establish a safety program. The safety program shall include:

(a)  The development and implementation of a loss prevention program which shall consist of a comprehensive authoritywide safety program, including a statement, established by the board of supervisors, of safety policy and responsibility.

(b)  Provision for regular and periodic facility and equipment inspections.

(c)  Investigation of job-related employee accidents and other accidents occurring on the premises of the authority or within areas of its jurisdiction.

(d)  Establishment of a program to promote increased safety awareness among employees, agents, and subcontractors of the authority.

(4)(a)  The authority shall, if available, secure insurance coverage within reasonable limits for liability which may arise as a consequence of its responsibilities.

(b)  The authority shall, if available, and if cost-effective, secure insurance coverage on its buildings, facilities, and property at reasonable levels.

(c)  The authority, with respect to the purchase of insurance, shall be subject to the applicable provisions of chapter 287 and other applicable law.

History.--ss. 54, 61, ch. 89-300; ss. 7, 8, ch. 90-192; s. 64, ch. 96-418; s. 20, ch. 2000-122.

331.351  Participation by women, minorities, and socially and economically disadvantaged business enterprises encouraged.--It is the intent of the Legislature and the public policy of this state that women, minorities, and socially and economically disadvantaged business enterprises be encouraged to participate fully in all phases of economic and community development. Accordingly, to achieve such purpose, the authority shall, in accordance with applicable state and federal law, involve and utilize women, minorities, and socially and economically disadvantaged business enterprises in all phases of the design, development, construction, maintenance, and operation of spaceports developed under this act.

History.--ss. 58, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.353  Rulemaking authority.--The Administration Commission and state agencies shall have authority to adopt rules containing procedures for review of spaceport plans and amendments and development orders for projects applied for or issued under this act.

History.--ss. 60, 61, ch. 89-300; ss. 7, 8, ch. 90-192.

331.354  Tax exemption.--The exercise of the powers granted by this act in all respects shall be for the benefit of the people of the state, for the increase of their industry and prosperity, for the improvement of their health and living conditions, and for the provision of gainful employment and shall constitute the performance of essential public functions. The authority shall not be required to pay any taxes on any project or any other property owned by the authority under the provisions of this act or upon the income therefrom. The bonds issued under the provisions of this act or upon the income therefrom (including any profit made on the sale thereof), and all notes, mortgages, security agreements, letters of credit, or other instruments which arise out of or are given to secure the repayment of bonds issued in connection with a project financed under this act, shall at all times be free from taxation by the state or any local unit, political subdivision, or other instrumentality of the state. Nothing in this section, however, shall be construed as exempting from taxation or assessments the leasehold interest of a lessee in any project or any other property or interest owned by the lessee. The exemption granted by this section shall not be applicable to any tax imposed by chapter 220 on interest, income, or profits on debt obligations owned by corporations.

History.--s. 8, ch. 91-265.

331.355  Use of name; ownership rights to intellectual property.--

(1)(a)  The corporate name of a corporation incorporated or authorized to transact business in this state, or the name of any person or business entity transacting business in this state, may not use the words "spaceport Florida" or "Florida spaceport" in its name unless the authority gives written approval for such use.

(b)  The Department of State may dissolve, pursuant to s. 607.1421, any corporation that violates paragraph (a).

(2)  Notwithstanding any provision of chapter 286, the legal title and every right, interest, claim, or demand of any kind in and to any patent, trademark, copyright, certification mark, or other right acquired under the patent and trademark laws of the United States or this state or any foreign country, or the application for the same, as is owned or held, acquired, or developed by the authority, under the authority and directions given it by this part, is vested in the authority for the use, benefit, and purposes provided in this part. The authority is vested with and is authorized to exercise any and all of the normal incidents of such ownership, including the receipt and disposition of royalties. Any sums received as royalties from any such rights are hereby appropriated to the authority for any and all of the purposes and uses provided in this part.

History.--s. 1, ch. 92-93.

331.360  Joint project agreement or assistance; spaceport master plan.--

(1)  It shall be the duty, function, and responsibility of the Department of Transportation to promote the further development and improvement of aerospace transportation facilities; to address intermodal requirements and impacts of the launch ranges, spaceports, and other space transportation facilities; to assist in the development of joint-use facilities and technology that support aviation and aerospace operations; and to facilitate and promote cooperative efforts between federal and state government entities to improve space transportation capacity and efficiency. In carrying out this duty and responsibility, the department may assist and advise, cooperate with, and coordinate with federal, state, local, or private organizations and individuals. The department may administratively house its space transportation responsibilities within an existing division or office.

(2)  Notwithstanding any other provision of law, the Department of Transportation may enter into a joint project agreement with, or otherwise assist, the Spaceport Florida Authority as necessary to effectuate the provisions of this chapter and may allocate funds for such purposes in its 5-year work program. However, the department may not fund the administrative or operational costs of the authority.

(3)  The authority shall develop a spaceport master plan for expansion and modernization of space transportation facilities within spaceport territories as defined in s. 331.303(22). The plan shall contain recommended projects to meet current and future commercial, national, and state space transportation requirements. The authority shall submit the plan to any appropriate M.P.O. for review of intermodal impacts. The authority shall submit the spaceport master plan to the Department of Transportation, and such plan may be included within the department's 5-year work program of qualifying aerospace discretionary capacity improvement under subsection (4). The plan shall identify appropriate funding levels and include recommendations on appropriate sources of revenue that may be developed to contribute to the State Transportation Trust Fund.

(4)  Subject to the availability of appropriated funds, the department may participate in the capital cost of eligible spaceport discretionary capacity improvement projects. The annual legislative budget request shall be based on the proposed funding requested for approved spaceport discretionary capacity improvement projects.

History.--s. 65, ch. 93-164; s. 4, ch. 99-256.

331.367  Spaceport Management Council.--

(1)  The Spaceport Management Council is created within the Spaceport Florida Authority to provide coordination and recommendations on projects and activities that will increase the operability and capabilities of Florida's space launch facilities, increase statewide space-related industry and opportunities, and promote space education and research within the state. The council shall work to develop integrated facility and programmatic development plans to address commercial, state, and federal requirements and to identify appropriate private, state, and federal resources to implement these plans.

(2)  The council shall make recommendations regarding:

(a)  The development of a spaceport master plan.

(b)  The projects and levels of commercial financing required from the Florida Commercial Space Financing Corporation created by s. 331.407.

(c)  Development and expansion of space-related education and research programs within Florida, including recommendations to be provided to the State University System, the Division of Community Colleges, and the Department of Education.

(d)  The regulation of spaceports and federal and state policy.

(e)  Florida's approach to the Federal Government regarding requests for funding of space development.

(3)(a)  The council shall consist of an executive board, which shall consist of representatives of governmental organizations with responsibilities for developing or operating space transportation facilities, and a Space Industry Committee, which shall consist of representatives of Florida's space industry.

(b)  The following individuals shall serve on the executive board:

1.  The executive director of the Spaceport Florida Authority or his or her designee.

2.  The director of the John F. Kennedy Space Center or his or her designee.

3.  The Commander of the United States Air Force 45th Space Wing or his or her designee.

4.  The Commander of the Naval Ordnance Test Unit or his or her designee.

5.  The Secretary of Transportation or his or her designee.

6.  The president of Enterprise Florida, Inc., or his or her designee, as an ex officio nonvoting member.

7.  The director of the Office of Tourism, Trade, and Economic Development or his or her designee, as an ex officio nonvoting member.

(4)  Each member shall be appointed to serve for a 3-year term, beginning July 1. Initial appointments shall be made no later than 60 days after the effective date of this act.

(5)  The executive board shall hold its initial meeting no later than 30 days after the members have been appointed. The Space Industry Committee shall hold its initial meeting no later than 60 days after the members have been appointed.

(6)  All council members must be residents of the state.

(7)  The council shall adopt bylaws governing the manner in which the business of the council shall be conducted. The bylaws shall specify the procedure by which the chairperson of the council is elected.

(8)  The council shall provide infrastructure and program requirements and develop other information to be utilized in a 5-year spaceport master plan. The council shall define goals and objectives concerning the development of spaceport facilities and an intermodal transportation system consistent with the goals of the Florida Transportation Plan developed pursuant to s. 339.155.

(9)  The council shall provide requirements and other information to be utilized in the development of a 5-year Spaceport Economic Development Plan, defining the goals and objectives of the council concerning the development of space manufacturing, research and development, and educational facilities.

(10)  The council shall meet at the call of its chairperson, at the request of a majority of its membership, or at such times as may be prescribed in its bylaws. However, the council must meet at least semiannually. A majority of voting members of the council constitutes a quorum for the purpose of transacting the business of the council. A vote of the majority of the voting members present is sufficient for any action of the council, unless the bylaws of the council require a greater vote for a particular action.

History.--s. 19, ch. 99-256.

331.368  Florida Space Research Institute.--

(1)  There is created the Florida Space Research Institute, the purpose of which is to serve as an industry-driven center for research, leveraging the state's resources in a collaborative effort to support Florida's space industry and its expansion, diversification, and transition to commercialization.

(2)  The institute shall operate as a public/private partnership under the direction of a board composed of:

(a)  A representative of the Spaceport Florida Authority.

(b)  A representative of Enterprise Florida, Inc.

(c)  A representative of the Florida Aviation Aerospace Alliance.

(d)  A representative of the Florida Space Business Roundtable.

(e)  Additional private-sector representatives from the space industry selected collaboratively by the core members specified in paragraphs (a)-(d). The additional space industry representatives under this paragraph must comprise the majority of members of the board and must be from geographic regions throughout the state.

(f)  Two representatives from the educational community who are selected collaboratively by the core members specified in paragraphs (a)-(d) and who are engaged in research or instruction related to the space industry. One representative must be from a community college, and one representative must be from a public or private university.

Annually, the members of the board shall select one of the members to serve as chair, who shall be responsible for convening and leading meetings of the board.

(3)  The board of the Florida Space Research Institute shall:

(a)  Set the strategic direction for the space-related research priorities of the state and its space-related businesses, the scope of research projects for the institute, and the timeframes for completion.

(b)  Invite the participation of public and private universities, including, but not limited to, the University of Central Florida, the University of Florida, the University of South Florida, Florida State University, Florida Institute of Technology, and the University of Miami.

(c)  Select a lead university to:

1.  Serve as coordinator of research and as the administrative entity of the institute;

2.  Support the institute's development of a statewide space research agenda and programs; and

3.  Develop, and update as necessary, a report recommending ways that the state's public and private universities can work in partnership to support the state's space-industry requirements, which report must be completed by December 15, 2000.

(d)  Establish a partnership with the state Workforce Development Board, or its successor entity, under which the institute coordinates the workforce-training requirements identified by the space industry and supports development of workforce-training initiatives to meet such requirements, using training providers approved by the board or its successor entity.

(e)  Comanage, with the National Aeronautics and Space Administration and subject to the terms of an agreement with NASA, operation of a Space Experiment Research and Processing Laboratory, if such a facility is constructed on land of the John F. Kennedy Space Center. The institute shall carry out such responsibility through a consortium of public and private universities in the state led by the University of Florida.

(f)  Develop initiatives to foster the participation of the state's space industry in the International Space Station and to help the state maintain and enhance its competitive position in the commercial space-transportation industry.

(g)  Pursue partnerships with the National Aeronautics and Space Administration to coordinate and conduct research in fields including, but not limited to, environmental monitoring; agriculture; aquatics; resource reutilization technologies for long-duration space missions; and spaceport technologies which support current or next-generation launch vehicles and range systems.

(h)  Pursue partnerships with the National Aeronautics and Space Administration for the conduct of space-related research using computer technology to connect experts in a given field of science who are in disparate locations and to perform research experiments in a real-time, virtual environment.

(4)  By December 15 of each year, the institute shall submit a report of its activities and accomplishments for the year to the Governor, the President of the Senate, and the Speaker of the House of Representatives. The report shall also include recommendations regarding actions the state should take to enhance the development of space-related businesses, including:

(a)  Future research activities.

(b)  The development of capital and technology assistance to new and expanding industries.

(c)  The removal of regulatory impediments.

(d)  The establishment of business development incentives.

(e)  The initiation of education and training programs to ensure a skilled workforce.

History.--s. 20, ch. 99-256; s. 10, ch. 2000-290.

331.369  Space Industry Workforce Initiative.--

(1)  The Legislature finds that the space industry is critical to the economic future of the state and that the competitiveness of the industry in the state depends upon the development and maintenance of a qualified workforce. The Legislature further finds that the space industry in this state has diverse and complex workforce needs, including, but not limited to, the need for qualified entry-level workers, the need to upgrade the skills of technician-level incumbent workers, and the need to ensure continuing education opportunities for workers with advanced educational degrees. It is the intent of the Legislature to support programs designed to address the workforce development needs of the space industry in this state.

(2)  The Workforce Development Board of Enterprise Florida, Inc., or it successor entity, shall coordinate development of a Space Industry Workforce Initiative in partnership with the Florida Space Research Institute, the institute's consortium of public and private universities, community colleges, and other training providers approved by the board. The purpose of the initiative is to use or revise existing programs and to develop innovative new programs to address the workforce needs of the space industry.

(3)  The initiative shall emphasize:

(a)  Curricula content and timeframes developed with industry participation and endorsed by the industry;

(b)  Programs that certify persons completing training as meeting industry-approved standards or competencies;

(c)  Use of distance-learning and computer-based training modules as appropriate and feasible;

(d)  Industry solicitation of public and private universities to develop continuing education programs at the master's and doctoral levels;

(e)  Agreements with the National Aeronautics and Space Administration to replicate on a national level successful training programs developed through the initiative; and

(f)  Leveraging of state and federal workforce funds.

(4)  The Workforce Development Board of Enterprise Florida, Inc., or its successor entity, with the assistance of the Florida Space Research Institute, shall convene representatives from the space industry to identify the priority training and education needs of the industry and to appoint a team to design programs to meet such priority needs.

(5)  The Workforce Development Board of Enterprise Florida, Inc., or its successor entity, as part of its statutorily prescribed annual report to the Legislature, shall provide recommendations for policies, programs, and funding to enhance the workforce needs of the space industry.

History.--s. 11, ch. 2000-290.

331.401  Short title.

331.403  Legislative findings and intent.

331.405  Definitions.

331.407  Florida Commercial Space Financing Corporation.

331.409  Powers and limitations.

331.411  Board of directors; powers and duties.

331.415  Authority to create account.

331.417  President.

331.419  Reports and audits.

331.401  Short title.--Sections 331.401-331.419 may be cited as the "Florida Commercial Space Financing Corporation Act."

History.--s. 18, ch. 99-256; s. 53, ch. 2000-152.

331.403  Legislative findings and intent.--The Legislature finds that the expansion of state and federal support for the aerospace industry in Florida is critical to the continued development of a viable commercial space industry and the technical and scientific job base for its citizens. This development of commercial opportunities in Florida is slowed by the lack of traditional business financing tools such as securitization for industrial development. Florida's launch industry is also being challenged by the provision of such industry assistance by other countries. Florida's aerospace industry could be assisted by a corporation established to work with the United States Export-Import Bank, the Small Business Administration, the National Aeronautics and Space Administration, and other federal, state, and private sources to provide information, technical assistance, and financial support. It is the intention of the Legislature to retain and expand job opportunities for Florida citizens through this mechanism.

History.--s. 18, ch. 99-256.

331.405  Definitions.--As used in this part:

(1)  "Account" means the account established pursuant to s. 331.415.

(2)  "Authority" means the Spaceport Florida Authority created by s. 331.302.

(3)  "Board" means the governing body of the corporation.

(4)  "Corporation" means the Florida Commercial Space Financing Corporation.

(5)  "Domiciled in this state" means registered to do business in Florida.

(6)  "Financial institution" has the same meaning as in s. 655.005(1)(h).

(7)  "Financing agreement" has the same meaning as in s. 331.303(10).

(8)  "Member" means an individual appointed to be a member of the board.

(9)  "President" means the chief executive officer of the corporation.

History.--s. 18, ch. 99-256.

331.407  Florida Commercial Space Financing Corporation.--

(1)  The Florida Commercial Space Financing Corporation is created as a corporation not for profit. The corporation shall have all the powers, rights, privileges, and authority as provided under chapter 617 and this part. The corporation shall be organized on a nonstock basis. The purpose of the corporation is to expand employment and income opportunities for residents of this state by providing businesses domiciled in this state with information, technical assistance, and financial assistance to support space-related transactions, in order to increase the development within the state of commercial aerospace products, activities, services, and facilities.

(2)  The corporation shall have the power and authority to carry out the following functions:

(a)  To coordinate its efforts with programs and goals of the United States Air Force, the National Aeronautics and Space Administration, the Export-Import Bank, the International Trade Administration of the United States Department of Commerce, the Foreign Credit Insurance Association, Enterprise Florida, Inc., and its boards, and other private and public programs and organizations, domestic and foreign.

(b)  To establish a network of contacts among those domestic and foreign public and private organizations which provide information, technical assistance, and financial support to the aerospace industry.

(c)  To assemble, publish, and disseminate information on financing opportunities and techniques of financing aerospace projects, programs, and activities; sources of public and private aerospace financing assistance; and sources of space-related financing.

(d)  To organize, host, and participate in seminars and other forums designed to disseminate information and technical assistance regarding space-related financing.

(e)  To insure, coinsure, lend, and guarantee loans, and to originate for sale direct space-related loans, pursuant to criteria, bylaws, policies, and procedures adopted by the board.

(f)  To capitalize, underwrite, and secure funding for aerospace infrastructure, satellites, launch vehicles, and any service which supports aerospace launches.

(g)  To construct, lease, or sell aerospace infrastructure, satellites, launch vehicles, and any other related activities and services.

(h)  To acquire property, including real, personal, tangible, intangible, or mixed, under such conditions as the board may deem necessary or desirable, and sell or otherwise dispose of the same.

(i)  To make and exercise any and all contracts or other instruments necessary or convenient to the exercise of its powers, including financing agreements.

History.--s. 18, ch. 99-256.

331.409  Powers and limitations.--

(1)  The corporation may charge fees to help defray the operating expenses of its programs. The amount of fees shall be determined by the board.

(2)  The total of loans, guarantees, direct loan originations for sale, and insured transactions outstanding shall not be more than five times the balance of the account. The board may elect to require a higher reserve.

(3)  The board shall adopt rules with respect to the terms and limits for loans, guarantees, and direct loan originations, but a loan guarantee or a direct loan origination shall not exceed 90 percent of the transaction contract.

(4)  In providing assistance, the board shall create a fiscal strategy for Florida which will guide and facilitate the successful expansion of space-related jobs.

(5)  The board shall explore the possibility of organizing financial institutions and international bank syndicates for the purpose of offering nonrecourse financing to the Florida aerospace industry.

(6)  The board may exercise all powers granted to not-for-profit corporations under chapter 617.

(7)  The board shall manage all funds in its possession and invest in permissible securities.

History.--s. 18, ch. 99-256.

331.411  Board of directors; powers and duties.--

(1)  There is created a board of directors of the corporation, which shall consist of up to 7 voting members as follows:

(a)  One representative appointed by each of the following:

1.  The board of supervisors of the Spaceport Florida Authority.

2.  The board of directors of the Florida Export Finance Corporation.

3.  The director of the Office of Tourism, Trade, and Economic Development.

4.  The board of directors of Enterprise Florida, Inc.

5.  The Secretary of Transportation.

(b)  The Governor shall appoint the following members:

1.  A member representing the investment banking industry.

2.  An attorney at law in private practice.

The board shall also include two ex officio nonvoting members, a member of the House of Representatives selected by the Speaker of the House of Representatives, and a member of the Senate selected by the President of the Senate, both of whom shall serve 2-year terms.

(2)  Each voting member shall serve a 3-year term, beginning on July 1. Members appointed pursuant to paragraph (1)(a) shall serve at the pleasure of the appointing authority. Members appointed pursuant to paragraph (1)(b) shall serve at the pleasure of the Governor. Initial appointments shall be made no later than 60 days after the effective date of this act.

(3)(a)  No person appointed pursuant to paragraph (1)(a) may be employed full time by any entity that applies for financial support.

(b)  The members of the board who are federal employees shall not vote on any financial matter, but may vote on all corporate policies and procedures.

(c)  All board members must be residents of the state.

(4)  The board shall hold its initial meeting no later than 30 days after the members have been appointed.

(5)  At its first meeting, the board shall appoint a president of the corporation from qualified candidates who have been screened and interviewed by the Spaceport Florida Authority.

(6)  Board members shall serve without compensation but may be reimbursed for all necessary expenses in the performance of their duties, including attending board meetings and conducting board business.

(7)  The board shall:

(a)  Prior to the expenditure of funds from the account, adopt bylaws, rules, and policies necessary to carry out its responsibilities under this part, particularly with respect to the implementation of the corporation's programs to insure, coinsure, lend, provide loan guarantees, and make direct, guaranteed, or collateralized loans to support space-related transactions.

(b)  Hold regularly scheduled meetings, at least quarterly, in order to carry out the objectives and responsibilities of the board.

(c)  Adopt policies, including criteria, establishing which space-related transactions shall be eligible for insurance, coinsurance, loan guarantees, and direct, guaranteed, or collateralized loans which may be extended by the corporation. To implement this paragraph, the board shall adopt rules which include the following criteria:

1.  Any individual signing any corporation loan application and loan or guarantee agreement must have an equity interest in the business applying for financial assistance.

2.  Applicants must be domiciled in this state and will be contractually obligated to use Florida launch facilities to the maximum extent possible.

(d)  Adopt requirements to ensure the full repayment of loans and loan guarantees, plus accrued interest, full-recourse claims, and indemnities on direct loan originations sold by the corporation, and the solvency of any insurance and coinsurance program extended under this part.

(e)  Approve any extension of insurance, coinsurance, loans, loan guarantees, or direct loan originations for sale under this part.

(f)  Consult with Enterprise Florida, Inc., and its boards, or any state or federal agency, to ensure that their respective loan guarantee or working capital loan origination programs are not duplicative and that each program makes full use, to the extent practicable, of the resources of the other.

(g)  Work to secure a delegated line of authority from the United States Export-Import Bank or other appropriate federal or state agency or private sector entity in order to take advantage of possible funding or guarantee sources.

(h)  Develop a streamlined application and review process.

History.--s. 18, ch. 99-256.

331.415  Authority to create account.--

(1)  The board shall create an account for the purposes of this part to receive state, federal, and private financial resources, and the return from investments of those resources. The account shall be under the exclusive control of the board.

(2)  Resources in the account shall be allocated for operating expenses of the corporation and for other purposes authorized by this part.

(3)(a)  Appropriations for the corporation shall be deposited into the account.

(b)  The board may deposit the resources of the account with state or federally chartered financial institutions in this state and may invest the remaining portion in permissible securities.

(c)  At all times, the board shall attempt to maximize the returns on funds in the account.

(d)  All funds received from the activities of the corporation shall be redeposited in the account to be used to support the purposes of this part.

(4)  Any claims against the account shall be paid solely from the account. Under no circumstances shall the credit of the state be pledged other than funds appropriated by law to the account, nor shall the state be liable or obligated in any way for claims on the account or against the corporation.

History.--s. 18, ch. 99-256.

331.417  President.--

(1)  The board shall appoint a president. The president shall be knowledgeable about the aerospace industry and its financing programs.

(2)  The president shall serve at the pleasure of the board and shall receive a salary and benefits as fixed by the board.

(3)  The president shall administer the programs of the corporation and perform such duties as are delegated by the board.

(4)  The president may, upon approval of the board:

(a)  Contract for services.

(b)  Hold public hearings.

(c)  Call upon and reimburse for services any state agency or department for assistance in carrying out the objectives of this part.

(d)  Participate with government or private industry in programs for technical assistance, loans, technology transfer, or any other programs related to this part.

(e)  Undertake or commission studies on methods to increase financial resources to expand the financial assistance to aerospace-related industries in this state.

(f)  Hire staff and provide training for them and other individuals involved in finance assistance, including such training sessions as may be provided by the United States Export-Import Bank and other organizations.

(g)  Exercise any other powers as may be necessary to carry out the purposes of this part.

(5)  The president shall provide staff to the board as requested.

(6)  The president shall submit an annual budget to be approved by the board.

History.--s. 18, ch. 99-256.

331.419  Reports and audits.--

(1)  By December 31 of each year, the corporation shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, the Senate Minority Leader, and the House Minority Leader a complete and detailed report setting forth:

(a)  An evaluation of its activities and recommendations for change.

(b)  The corporation's impact on the participation of private banks and other private organizations and individuals in the corporation's financing programs, and other economic and social benefits to businesses in this state.

(c)  Its assets and liabilities at the end of its most recent fiscal year.

(2)  By September 1, 2000, the corporation, in cooperation with the Office of Program Policy Analysis and Government Accountability, shall develop a research design, including goals and measurable objectives for the corporation, which will provide the Legislature with a quantitative evaluation of the corporation. The corporation shall utilize the monitoring mechanisms and reports developed in the designs and provide these reports to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Office of Program Policy Analysis and Government Accountability.

(3)  Prior to the 2001 Regular Session of the Legislature, the Office of Program Policy Analysis and Government Accountability shall perform a review and evaluation of the corporation using the research design promulgated pursuant to subsection (2). The report shall critique the corporation. A report of the findings and recommendations of the Office of Program Policy Analysis and Government Accountability shall be submitted to the President of the Senate and the Speaker of the House of Representatives prior to the 2001 Regular Session.

(4)  The Division of Banking of the Department of Banking and Finance shall review the corporation's activities once every 24 months to determine compliance with this part and related laws and rules and to evaluate the corporation's operations. The division shall prepare a report based on its review and evaluation with recommendation for any corrective action. The president shall submit to the division regular reports on the corporation's activities. The content and frequency of such reports shall be determined by the division. The division may charge a fee for conducting the review and evaluation and preparing the related report, which fee shall not be in excess of the examination fee paid by chartered or licensed financial institutions.

History.--s. 18, ch. 99-256.