CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Futch offered the following:
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13 Amendment (with title amendment)
14 Remove from the bill: Everything after the enacting clause
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16 and insert in lieu thereof:
17 Section 1. Paragraph (d) of subsection (3) of section
18 330.30, Florida Statutes, 1998 Supplement, is amended to read:
19 330.30 Approval of airport sites and licensing of
20 airports; fees.--
21 (3) EXEMPTIONS.--The provisions of this section do not
22 apply to:
23 (d) An airport under the jurisdiction or control of a
24 county or municipal aviation authority or a county or
25 municipal port authority or the Spaceport Florida Authority;
26 however, the department shall license any such airport if such
27 authority does not elect to exercise its exemption under this
28 subsection.
29 Section 2. Subsection (25) is added to section
30 331.303, Florida Statutes, to read:
31 331.303 Definitions.--
1
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 (25) "Spaceport discretionary capacity improvement
2 projects" means capacity improvements that enhance space
3 transportation capacity at spaceports that have had one or
4 more orbital or suborbital flights during the previous
5 calendar year or have an agreement in writing for installation
6 of one or more regularly scheduled orbital or suborbital
7 flights upon the commitment of funds for stipulated spaceport
8 capital improvements.
9 Section 3. Section 331.304, Florida Statutes, is
10 amended to read:
11 331.304 Spaceport territory.--The following property
12 shall constitute spaceport territory:
13 (1) Certain real property located in Brevard County
14 that is included within the 1998 boundaries of Patrick Air
15 Force Base, Cape Canaveral Air Station, John F. Kennedy Space
16 Center. with the following boundaries:
17 (a) Northern boundary--Latitude 28°32'30" North.
18 (b) Eastern boundary--The mean high water line of the
19 shore along the Atlantic Ocean.
20 (c) Western boundary--Cape Road (State Road 401).
21 (d) Southern boundary--Latitude 28°26' North.
22 (2) Certain real property located in Gulf County with
23 the following boundaries:
24 (a) Northern boundary--Latitude 29°40'45" North from
25 longitude 85°20' West in a westerly direction to the mean high
26 water line of the Gulf of Mexico.
27 (b) Eastern boundary--Longitude 85°20' West.
28 (c) Western boundary--The mean high water line of the
29 shore along the Gulf of Mexico.
30 (d) Southern boundary--The mean high water line of the
31 shore along the Gulf of Mexico.
2
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 (3) Certain real property located in Santa Rosa,
2 Okaloosa, and Walton Counties which is included within the
3 1997 boundaries of Eglin Air Force Base.
4 Section 4. Section 331.360, Florida Statutes, is
5 amended to read:
6 331.360 Joint project agreement or assistance.--
7 (1) It shall be the duty, function, and responsibility
8 of the Department of Transportation to promote the further
9 development and improvement of aerospace transportation
10 facilities, to address intermodal requirements and impacts of
11 the launch ranges, spaceports, and other space transportation
12 facilities, to assist in the development of joint-use
13 facilities and technology that support aviation and aerospace
14 operations, and to facilitate and promote cooperative efforts
15 between federal and state government entities to improve space
16 transportation capacity and efficiency. In carrying out this
17 duty and responsibility, the department may assist and advise,
18 cooperate with, and coordinate with federal, state, local, or
19 private organizations and individuals. The department may
20 administratively house its space transportation
21 responsibilities within an existing division or office.
22 (2) Notwithstanding any other provision of law, the
23 Department of Transportation may enter into a joint project
24 agreement with, or otherwise assist, the Spaceport Florida
25 Authority as necessary to effectuate the provisions of this
26 chapter and may allocate funds for such purposes in its 5-year
27 work program. However, the department may not fund the
28 administrative or operational costs of the authority.
29 (3) The authority shall develop a spaceport master
30 plan for expansion and modernization of space transportation
31 facilities within spaceport territories as defined in s.
3
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 331.303(22). The plan shall contain recommended projects to
2 meet current and future commercial, national, and state space
3 transportation requirements. The authority shall submit the
4 plan to any appropriate M.P.O. for review of intermodal
5 impacts. The authority shall submit the spaceport master plan
6 to the Department of Transportation and such plan may be
7 included within the department's 5-year work program of
8 qualifying aerospace discretionary capacity improvement under
9 s. 331.360(4). The plan shall identify appropriate funding
10 levels and include recommendations on appropriate sources of
11 revenue that may be developed to contribute to the State
12 Transportation Trust Fund.
13 (4) Subject to the availability of appropriated funds,
14 the department may participate in the capital cost of eligible
15 spaceport discretionary capacity improvement projects. The
16 annual legislative budget request shall be based on the
17 proposed funding requested for approved spaceport
18 discretionary capacity improvement projects.
19 Section 5. Section 332.008, Florida Statutes, is
20 created to read:
21 332.008 Limitation on operation of chapter.--Nothing
22 in this chapter shall be construed to authorize expenditure of
23 aviation fuel tax revenues on space transportation projects.
24 Nothing in this chapter shall be construed to limit the
25 department's authority under s. 331.360.
26 Section 6. Subsection (31) of section 334.03, Florida
27 Statutes, is amended to read:
28 334.03 Definitions.--When used in the Florida
29 Transportation Code, the term:
30 (31) "Transportation facility" means any means for the
31 transportation of people or and property from place to place
4
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 which is constructed, operated, or maintained in whole or in
2 part from public funds. The term includes the property or
3 property rights, both real and personal, which have been or
4 may be established by public bodies for the transportation of
5 people or and property from place to place.
6 Section 7. Subsection (6) is added to section 334.30,
7 Florida Statutes, to read:
8 334.30 Private transportation facilities.--The
9 Legislature hereby finds and declares that there is a public
10 need for rapid construction of safe and efficient
11 transportation facilities for the purpose of travel within the
12 state, and that it is in the public's interest to provide for
13 the construction of additional safe, convenient, and
14 economical transportation facilities.
15 (6) Notwithstanding s. 341.327, a fixed-guideway
16 transportation system authorized by the department to be
17 wholly or partially within the department's right-of-way
18 pursuant to a lease granted under s. 337.251 may operate at
19 any safe speed.
20 Section 8. Paragraph (d) of subsection (2) of section
21 339.155, Florida Statutes, is amended, present paragraphs (w)
22 and (x) of that subsection are redesignated as paragraphs (x)
23 and (y), respectively, and a new paragraph (w) is added to
24 that subsection, to read:
25 339.155 Transportation planning.--The department shall
26 develop and annually update a statewide transportation plan,
27 to be known as the Florida Transportation Plan. The plan
28 shall be designed so as to be easily read and understood by
29 the general public.
30 (2) DEVELOPMENT CRITERIA.--The Florida Transportation
31 Plan shall consider the needs of the entire state
5
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 transportation system, examine the use of all modes of
2 transportation to effectively and efficiently meet such needs,
3 and provide for the interconnection of all types of modes in a
4 comprehensive intermodal transportation system. In developing
5 the Florida Transportation Plan, the department shall consider
6 the following:
7 (d) International border crossings and access to
8 ports, airports, spaceports, intermodal transportation
9 facilities, major freight distribution routes, national parks,
10 recreation and scenic areas, monuments and historic sites, and
11 military installations.
12 (w) The spaceport master plan approved by the
13 Spaceport Florida Authority.
14 Section 9. Paragraph (a) of subsection (2), paragraph
15 (b) of subsection (5), paragraph (a) of subsection (6),
16 paragraphs (a) and (c) of subsection (7), and paragraph (a) of
17 subsection (9) of section 339.175, Florida Statutes, 1998
18 Supplement, are amended to read:
19 339.175 Metropolitan planning organization.--It is the
20 intent of the Legislature to encourage and promote the
21 development of transportation systems embracing various modes
22 of transportation in a manner that will maximize the mobility
23 of people and goods within and through urbanized areas of this
24 state and minimize, to the maximum extent feasible, and
25 together with applicable regulatory government agencies,
26 transportation-related fuel consumption and air pollution. To
27 accomplish these objectives, metropolitan planning
28 organizations, referred to in this section as M.P.O.'s, shall
29 develop, in cooperation with the state, transportation plans
30 and programs for metropolitan areas. Such plans and programs
31 must provide for the development of transportation facilities
6
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 that will function as an intermodal transportation system for
2 the metropolitan area. The process for developing such plans
3 and programs shall be continuing, cooperative, and
4 comprehensive, to the degree appropriate, based on the
5 complexity of the transportation problems.
6 (2) VOTING MEMBERSHIP.--
7 (a) The voting membership of an M.P.O. shall consist
8 of not fewer than 5 or more than 19 apportioned members, the
9 exact number to be determined on an equitable
10 geographic-population ratio basis by the Governor, based on an
11 agreement among the affected units of general-purpose local
12 government as required by federal rules and regulations. The
13 Governor, in accordance with 23 U.S.C. s. 134, as amended by
14 the Intermodal Surface Transportation Efficiency Act of 1991,
15 may also provide for M.P.O. members who represent
16 municipalities to alternate with representatives from other
17 municipalities within the designated urban area that do not
18 have members on the M.P.O. County commission members shall
19 compose not less than one-third of the M.P.O. membership,
20 except for an M.P.O. with more than 15 members located in a
21 county with a five-member county commission or an M.P.O. with
22 19 members located in a county with no more than 6 county
23 commissioners, in which case county commission members may
24 compose less than one-third percent of the M.P.O. membership,
25 but all county commissioners must be members. All voting
26 members shall be elected officials of general-purpose
27 governments, except that an M.P.O. may include, as part of its
28 apportioned voting members, a member of a statutorily
29 authorized planning board, or an official of an agency that
30 operates or administers a major mode of transportation, or an
31 official of the Spaceport Florida Authority. In metropolitan
7
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 areas in which authorities or other agencies have been, or may
2 be, created by law to perform transportation functions that
3 are not under the jurisdiction of a general-purpose local
4 government represented on the M.P.O., they shall be provided
5 voting membership on the M.P.O. The county commission shall
6 compose not less than 20 percent of the M.P.O. membership if
7 an official of an agency that operates or administers a major
8 mode of transportation has been appointed to an M.P.O.
9 (5) POWERS, DUTIES, AND RESPONSIBILITIES.--The powers,
10 privileges, and authority of an M.P.O. are those specified in
11 this section or incorporated in an interlocal agreement
12 authorized under s. 163.01. Each M.P.O. shall perform all
13 acts required by federal or state laws or rules, now and
14 subsequently applicable, which are necessary to qualify for
15 federal aid. It is the intent of this section that each M.P.O.
16 shall be involved in the planning and programming of
17 transportation facilities, including, but not limited to,
18 airports, intercity and high-speed rail lines, seaports, and
19 intermodal facilities, to the extent permitted by state or
20 federal law.
21 (b) In developing the long-range transportation plan
22 and the transportation improvement program required under
23 paragraph (a), each M.P.O. must, at a minimum, consider:
24 1. The preservation of existing transportation
25 facilities and, where practical, ways to meet transportation
26 needs by using existing facilities more efficiently;
27 2. The consistency of transportation planning with
28 applicable federal, state, and local energy conservation
29 programs, goals, and objectives;
30 3. The need to relieve congestion and prevent
31 congestion from occurring where it does not yet occur;
8
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 4. The likely effect of transportation policy
2 decisions on land use and development and the consistency of
3 transportation plans and programs with all applicable
4 short-term and long-term land use and development plans;
5 5. The programming of transportation enhancement
6 activities as required by federal law;
7 6. The effect of all transportation projects to be
8 undertaken in the metropolitan area, without regard to whether
9 such projects are publicly funded;
10 7. The provision of access to seaports, airports,
11 spaceports, intermodal transportation facilities, major
12 freight distribution routes, national and state parks,
13 recreation areas, monuments and historic sites, and military
14 installations;
15 8. The need for roads within the metropolitan area to
16 efficiently connect with roads outside the metropolitan area;
17 9. The transportation needs identified through the use
18 of transportation management systems required by federal or
19 state law;
20 10. The preservation of rights-of-way for construction
21 of future transportation projects, including the
22 identification of unused rights-of-way that may be needed for
23 future transportation corridors and the identification of
24 corridors for which action is most needed to prevent
25 destruction or loss;
26 11. Any available methods to enhance the efficient
27 movement of freight;
28 12. The use of life-cycle costs in the design and
29 engineering of bridges, tunnels, or pavement;
30 13. The overall social, economic, energy, and
31 environmental effects of transportation decisions;
9
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 14. Any available methods to expand or enhance transit
2 services and increase the use of such services; and
3 15. The possible allocation of capital investments to
4 increase security for transit systems.
5 (6) LONG-RANGE PLAN.--Each M.P.O. must develop a
6 long-range transportation plan that addresses at least a
7 20-year planning horizon. The plan must include both
8 long-range and short-range strategies and must comply with all
9 other state and federal requirements. The long-range plan must
10 be consistent, to the maximum extent feasible, with future
11 land use elements and the goals, objectives, and policies of
12 the approved local government comprehensive plans of the units
13 of local government located within the jurisdiction of the
14 M.P.O. The approved long-range plan must be considered by
15 local governments in the development of the transportation
16 elements in local government comprehensive plans and any
17 amendments thereto. The long-range plan must, at a minimum:
18 (a) Identify transportation facilities, including, but
19 not limited to, major roadways, airports, seaports,
20 spaceports, commuter rail systems, transit systems, and
21 intermodal or multimodal terminals that will function as an
22 integrated metropolitan transportation system. The long-range
23 plan must give emphasis to those transportation facilities
24 that serve national, statewide, or regional functions, and
25 must consider the goals and objectives identified in the
26 Florida Transportation Plan as provided in s. 339.155.
27
28 In the development of its long-range plan, each M.P.O. must
29 provide affected public agencies, representatives of
30 transportation agency employees, private providers of
31 transportation, other interested parties, and members of the
10
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 general public with a reasonable opportunity to comment on the
2 long-range plan. The long-range plan must be approved by the
3 M.P.O.
4 (7) TRANSPORTATION IMPROVEMENT PROGRAM.--Each M.P.O.
5 shall, in cooperation with the state and affected public
6 transportation operators, develop a transportation improvement
7 program for the area within the jurisdiction of the M.P.O. In
8 the development of the transportation improvement program,
9 each M.P.O. must provide affected public transit agencies,
10 representatives of transportation agency employees, private
11 providers of transportation, other interested parties, and
12 members of the general public with a reasonable opportunity to
13 comment on the transportation improvement program.
14 (a) Each M.P.O. is responsible for developing,
15 annually, a list of project priorities and a transportation
16 improvement program. The transportation improvement program
17 will be used to initiate federally aided transportation
18 facilities and improvements as well as other transportation
19 facilities and improvements including transit, rail, aviation,
20 spaceport, and port facilities to be funded from the State
21 Transportation Trust Fund within its metropolitan area in
22 accordance with existing and subsequent federal and state laws
23 and rules and regulations related thereto. The transportation
24 improvement program shall be consistent, to the maximum extent
25 feasible, with the approved local government comprehensive
26 plans of the units of local government whose boundaries are
27 within the metropolitan area of the M.P.O.
28 (c) The transportation improvement program must, at a
29 minimum:
30 1. Include projects and project phases to be funded
31 with state or federal funds within the time period of the
11
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 transportation improvement program and which are recommended
2 for advancement during the next fiscal year and 4 subsequent
3 fiscal years. Such projects and project phases must be
4 consistent, to the maximum extent feasible, with the approved
5 local government comprehensive plans of the units of local
6 government located within the jurisdiction of the M.P.O. For
7 informational purposes, the transportation improvement program
8 shall also include a list of projects to be funded from local
9 or private revenues.
10 2. Include projects within the metropolitan area which
11 are proposed for funding under 23 U.S.C. s. 134 of the Federal
12 Transit Act and which are consistent with the long-range plan
13 developed under subsection (6).
14 3. Provide a financial plan that demonstrates how the
15 transportation improvement program can be implemented;
16 indicates the resources, both public and private, that are
17 reasonably expected to be available to accomplish the program;
18 and recommends any innovative financing techniques that may be
19 used to fund needed projects and programs. Such techniques
20 may include the assessment of tolls, the use of value capture
21 financing, or the use of congestion pricing. The
22 transportation improvement program may include a project or
23 project phase only if full funding can reasonably be
24 anticipated to be available for the project or project phase
25 within the time period contemplated for completion of the
26 project or project phase.
27 4. Group projects and project phases of similar
28 urgency and anticipated staging into appropriate staging
29 periods.
30 5. Indicate how the transportation improvement program
31 relates to the long-range plan developed under subsection (6),
12
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 including providing examples of specific projects or project
2 phases that further the goals and policies of the long-range
3 plan.
4 6. Indicate whether any project or project phase is
5 inconsistent with an approved comprehensive plan of a unit of
6 local government located within the jurisdiction of the M.P.O.
7 If a project is inconsistent with an affected comprehensive
8 plan, the M.P.O. must provide justification for including the
9 project in the transportation improvement program.
10 7. Indicate how the improvements are consistent, to
11 the maximum extent feasible, with affected seaport, and
12 airport, and spaceport master plans and with public transit
13 development plans of the units of local government located
14 within the jurisdiction of the M.P.O.
15 (9) AGREEMENTS.--
16 (a) Each M.P.O. shall execute the following written
17 agreements, which shall be reviewed, and updated as necessary,
18 every 5 years:
19 1. An agreement with the department clearly
20 establishing the cooperative relationship essential to
21 accomplish the transportation planning requirements of state
22 and federal law.
23 2. An agreement with the metropolitan and regional
24 intergovernmental coordination and review agencies serving the
25 metropolitan areas, specifying the means by which activities
26 will be coordinated and how transportation planning and
27 programming will be part of the comprehensive planned
28 development of the area.
29 3. An agreement with operators of public
30 transportation systems, including transit systems, commuter
31 rail systems, airports, and seaports, and spaceports,
13
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 describing the means by which activities will be coordinated
2 and specifying how public transit, commuter rail, aviation,
3 and seaport, and aerospace planning and programming will be
4 part of the comprehensive planned development of the
5 metropolitan area.
6 Section 10. Commission on the Future of Aeronautics
7 and Space in Florida.--
8 (1) The Legislature finds that the aviation and
9 aerospace industries comprise an important segment of
10 Florida's present and future economy. Yet, there exists
11 intense nationwide competition for future development of these
12 industries. The state has the resources to help these
13 industries meet the challenges and opportunities of
14 competition and to establish itself as a prime location for
15 aviation and aerospace industries, thus creating a prime
16 environment for economic development and employment
17 opportunities. However, effective action and the necessary
18 coordination of resources must be based on a reliable
19 assessment of the present climate for such industries in the
20 state. Further, the various options available for legislative
21 action should be carefully considered.
22 (2) There is created the Commission on the Future of
23 Aeronautics and Space in Florida. The commission shall be
24 composed of the following 11 members:
25 (a) The chairs of the Transportation Committees of the
26 Senate and the House of Representatives.
27 (b) A representative of the Aviation Office of the
28 Department of Transportation, appointed by the Secretary of
29 Transportation.
30 (c) A representative of the Spaceport Florida
31 Authority, appointed by the board of supervisors of the
14
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 authority.
2 (d) Two members appointed by the Governor who are not
3 members of the Legislature.
4 (e) Two members appointed by the President of the
5 Senate.
6 (f) Two members appointed by the Speaker of the House
7 of Representatives.
8 (g) An active manager of an airport in Florida
9 appointed by the Florida Airport Manager's Association.
10 (3) The members appointed pursuant to paragraphs
11 (2)(d), (e), and (f), shall be selected so as to equitably
12 provide knowledge concerning and experience in the following
13 areas: commercial aviation; aviation manufacturing; aviation
14 operations and maintenance; aerospace manufacturing; aerospace
15 operations and maintenance; and aeronautics-related education.
16 (4) The members of the commission shall be appointed
17 within 30 days after the effective date of this act. The
18 commission shall serve until adjournment sine die of the 2001
19 Regular Session of the Legislature. Vacancies on the
20 commission shall be filled in the same manner as the original
21 appointment.
22 (5) Upon appointment of its members, the commission
23 shall meet to organize and select a chair and vice chair.
24 Meetings shall be held upon the call of the chair, but not
25 less frequently than quarterly.
26 (6) The members of the commission shall serve without
27 compensation but shall be entitled to be reimbursed for per
28 diem and travel expenses as provided in section 112.061,
29 Florida Statutes. The Department of Transportation shall
30 provide administrative staff support and travel and per diem
31 expenses for the commission.
15
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 (7) The commission shall:
2 (a) Survey current state and local laws, ordinances,
3 and rules that affect the development and regulation of the
4 aviation and aerospace industries in Florida and recommend
5 ways in which these regulations can be streamlined and revised
6 to operate more efficiently. The commission should also
7 consider whether regulation and oversight in the fields of
8 aviation and aerospace should be centralized under one
9 governmental agency.
10 (b) Examine the ways in which aviation and aerospace
11 industries, including the component elements of manufacturing,
12 assembly, marketing, servicing, maintenance, logistical
13 support, human resources, and related research and
14 development, can be attracted to locate permanently in the
15 state, and recommend actions that can be taken by state and
16 local governments to accomplish this goal.
17 (c) Review existing studies to evaluate the
18 availability of commercial air services in Florida, identify
19 underserved locations, and recommend actions that can be taken
20 to improve the availability, efficiency, and economy of the
21 state's commercial air services.
22 (d) Identify the advances that can be expected in the
23 future in aeronautics and aerospace operations, air transport,
24 aeronautical education, and other aeronautical areas, and make
25 recommendations regarding how the state can anticipate,
26 encourage, and accommodate such advances.
27 (e) Identify aid that is available at the federal
28 level to assist in efforts to improve Florida's aeronautical
29 and aerospace competitive position, and recommend ways in
30 which the state can be most effective in obtaining that aid.
31 (f) Determine whether Florida's secondary and
16
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 postsecondary schools are producing a highly qualified
2 workforce in sufficient numbers to meet the needs of the
3 aviation and aerospace industries.
4 (8) The commission shall prepare a preliminary report
5 of its findings and recommendations by December 1, 2000, and a
6 final report by January 15, 2001. Copies of the reports shall
7 be submitted to the Governor, the President and the Minority
8 Leader of the Senate, and the Speaker and the Minority Leader
9 of the House of Representatives. After submission of the final
10 report, members of the commission may, with the approval of
11 the chair, receive reimbursement pursuant to subsection (6)
12 for travel necessary to consult with the Legislature
13 concerning issues raised by, and implementation of, the final
14 report, until termination of the commission.
15 Section 11. Subsection (6) of section 196.012, Florida
16 Statutes, is amended to read:
17 196.012 Definitions.--For the purpose of this chapter,
18 the following terms are defined as follows, except where the
19 context clearly indicates otherwise:
20 (6) Governmental, municipal, or public purpose or
21 function shall be deemed to be served or performed when the
22 lessee under any leasehold interest created in property of the
23 United States, the state or any of its political subdivisions,
24 or any municipality, agency, special district, authority, or
25 other public body corporate of the state is demonstrated to
26 perform a function or serve a governmental purpose which could
27 properly be performed or served by an appropriate governmental
28 unit or which is demonstrated to perform a function or serve a
29 purpose which would otherwise be a valid subject for the
30 allocation of public funds. For purposes of the preceding
31 sentence, an activity undertaken by a lessee which is
17
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 permitted under the terms of its lease of real property
2 designated as an aviation area on an airport layout plan which
3 has been approved by the Federal Aviation Administration and
4 which real property is used for the administration, operation,
5 business offices and activities related specifically thereto
6 in connection with the conduct of an aircraft full service
7 fixed base operation which provides goods and services to the
8 general aviation public in the promotion of air commerce shall
9 be deemed an activity which serves a governmental, municipal,
10 or public purpose or function. Any activity undertaken by a
11 lessee which is permitted under the terms of its lease of real
12 property designated as a public airport as defined in s.
13 332.004(14) by municipalities, agencies, special districts,
14 authorities, or other public bodies corporate and public
15 bodies politic of the state, a spaceport as defined in s.
16 331.303(19), or which is located in a deepwater port
17 identified in s. 403.021(9)(b) and owned by one of the
18 foregoing governmental units, subject to a leasehold or other
19 possessory interest of a nongovernmental lessee that is deemed
20 to perform an aviation, or airport, aerospace, or maritime, or
21 port purpose or operation shall be deemed an activity that
22 serves a governmental, municipal, or public purpose. The use
23 by a lessee, licensee, or management company of real property
24 or a portion thereof as a convention center, visitor center,
25 sports facility with permanent seating, concert hall, arena,
26 stadium, park, or beach is deemed a use that serves a
27 governmental, municipal, or public purpose or function when
28 access to the property is open to the general public with or
29 without a charge for admission. If property deeded to a
30 municipality by the United States is subject to a requirement
31 that the Federal Government, through a schedule established by
18
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 the Secretary of the Interior, determine that the property is
2 being maintained for public historic preservation, park, or
3 recreational purposes and if those conditions are not met the
4 property will revert back to the Federal Government, then such
5 property shall be deemed to serve a municipal or public
6 purpose. The term "governmental purpose" also includes a
7 direct use of property on federal lands in connection with the
8 Federal Government's Space Exploration Program or spaceport
9 activities as defined in s. 212.02(22). Real property and
10 tangible personal property owned by the Federal Government or
11 the Spaceport Florida Authority and used for defense and space
12 exploration purposes or which is put to a use in support
13 thereof shall be deemed to perform an essential national
14 governmental purpose and shall be exempt. "Owned by the
15 lessee" as used in this chapter does not include personal
16 property, buildings, or other real property improvements used
17 for the administration, operation, business offices and
18 activities related specifically thereto in connection with the
19 conduct of an aircraft full service fixed based operation
20 which provides goods and services to the general aviation
21 public in the promotion of air commerce provided that the real
22 property is designated as an aviation area on an airport
23 layout plan approved by the Federal Aviation Administration.
24 For purposes of determination of "ownership," buildings and
25 other real property improvements which will revert to the
26 airport authority or other governmental unit upon expiration
27 of the term of the lease shall be deemed "owned" by the
28 governmental unit and not the lessee. Providing two-way
29 telecommunications services to the public for hire by the use
30 of a telecommunications facility, as defined in s. 364.02(13),
31 and for which a certificate is required under chapter 364 does
19
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 not constitute an exempt use for purposes of s. 196.199,
2 unless the telecommunications services are provided by the
3 operator of a public-use airport, as defined in s. 332.004,
4 for the operator's provision of telecommunications services
5 for the airport or its tenants, concessionaires, or licensees,
6 or unless the telecommunications services are provided by a
7 public hospital. However, property that is being used to
8 provide such telecommunications services on or before October
9 1, 1997, shall remain exempt, but such exemption expires
10 October 1, 2004.
11 Section 12. Paragraph (b) of subsection (5) of section
12 212.08, Florida Statutes, 1998 Supplement, is amended to read:
13 212.08 Sales, rental, use, consumption, distribution,
14 and storage tax; specified exemptions.--The sale at retail,
15 the rental, the use, the consumption, the distribution, and
16 the storage to be used or consumed in this state of the
17 following are hereby specifically exempt from the tax imposed
18 by this chapter.
19 (5) EXEMPTIONS; ACCOUNT OF USE.--
20 (b) Machinery and equipment used to increase
21 productive output.--
22 1. Industrial machinery and equipment purchased for
23 exclusive use by a new business in spaceport activities as
24 defined by s. 212.02 or for use in new businesses which
25 manufacture, process, compound, or produce for sale, or for
26 exclusive use in spaceport activities as defined in s. 212.02,
27 items of tangible personal property at fixed locations are
28 exempt from the tax imposed by this chapter upon an
29 affirmative showing by the taxpayer to the satisfaction of the
30 department that such items are used in a new business in this
31 state. Such purchases must be made prior to the date the
20
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 business first begins its productive operations, and delivery
2 of the purchased item must be made within 12 months of that
3 date.
4 2.a. Industrial machinery and equipment purchased for
5 exclusive use by an expanding facility which is engaged in
6 spaceport activities as defined by s. 212.02 or for use in
7 expanding manufacturing facilities or plant units which
8 manufacture, process, compound, or produce for sale, or for
9 exclusive use in spaceport activities as defined in s. 212.02,
10 items of tangible personal property at fixed locations in this
11 state are exempt from any amount of tax imposed by this
12 chapter in excess of $50,000 per calendar year upon an
13 affirmative showing by the taxpayer to the satisfaction of the
14 department that such items are used to increase the productive
15 output of such expanded facility or business by not less than
16 10 percent.
17 b. Notwithstanding any other provision of this
18 section, industrial machinery and equipment purchased for use
19 in expanding printing manufacturing facilities or plant units
20 that manufacture, process, compound, or produce for sale items
21 of tangible personal property at fixed locations in this state
22 are exempt from any amount of tax imposed by this chapter upon
23 an affirmative showing by the taxpayer to the satisfaction of
24 the department that such items are used to increase the
25 productive output of such an expanded business by not less
26 than 10 percent.
27 3.a. To receive an exemption provided by subparagraph
28 1. or subparagraph 2., a qualifying business entity shall
29 apply to the department for a temporary tax exemption permit.
30 The application shall state that a new business exemption or
31 expanded business exemption is being sought. Upon a tentative
21
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 affirmative determination by the department pursuant to
2 subparagraph 1. or subparagraph 2., the department shall issue
3 such permit.
4 b. The applicant shall be required to maintain all
5 necessary books and records to support the exemption. Upon
6 completion of purchases of qualified machinery and equipment
7 pursuant to subparagraph 1. or subparagraph 2., the temporary
8 tax permit shall be delivered to the department or returned to
9 the department by certified or registered mail.
10 c. If, in a subsequent audit conducted by the
11 department, it is determined that the machinery and equipment
12 purchased as exempt under subparagraph 1. or subparagraph 2.
13 did not meet the criteria mandated by this paragraph or if
14 commencement of production did not occur, the amount of taxes
15 exempted at the time of purchase shall immediately be due and
16 payable to the department by the business entity, together
17 with the appropriate interest and penalty, computed from the
18 date of purchase, in the manner prescribed by this chapter.
19 d. In the event a qualifying business entity fails to
20 apply for a temporary exemption permit or if the tentative
21 determination by the department required to obtain a temporary
22 exemption permit is negative, a qualifying business entity
23 shall receive the exemption provided in subparagraph 1. or
24 subparagraph 2. through a refund of previously paid taxes. No
25 refund may be made for such taxes unless the criteria mandated
26 by subparagraph 1. or subparagraph 2. have been met and
27 commencement of production has occurred.
28 4. The department shall promulgate rules governing
29 applications for, issuance of, and the form of temporary tax
30 exemption permits; provisions for recapture of taxes; and the
31 manner and form of refund applications and may establish
22
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 guidelines as to the requisites for an affirmative showing of
2 increased productive output, commencement of production, and
3 qualification for exemption.
4 5. The exemptions provided in subparagraphs 1. and 2.
5 do not apply to machinery or equipment purchased or used by
6 electric utility companies, communications companies,
7 phosphate or other solid minerals severance, mining, or
8 processing operations, oil or gas exploration or production
9 operations, publishing firms that do not export at least 50
10 percent of their finished product out of the state, any firm
11 subject to regulation by the Division of Hotels and
12 Restaurants of the Department of Business and Professional
13 Regulation, or any firm which does not manufacture, process,
14 compound, or produce for sale, or for exclusive use in
15 spaceport activities as defined in s. 212.02, items of
16 tangible personal property or which does not use such
17 machinery and equipment in spaceport activities as required by
18 this paragraph.
19 6. For the purposes of the exemptions provided in
20 subparagraphs 1. and 2., these terms have the following
21 meanings:
22 a. "Industrial machinery and equipment" means "section
23 38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the
24 Internal Revenue Code, provided "industrial machinery and
25 equipment" shall be construed by regulations adopted by the
26 Department of Revenue to mean tangible property used as an
27 integral part of spaceport activities or of the manufacturing,
28 processing, compounding, or producing for sale, or for
29 exclusive use in spaceport activities as defined in s. 212.02,
30 of items of tangible personal property. Such term includes
31 parts and accessories only to the extent that the exemption
23
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 thereof is consistent with the provisions of this paragraph.
2 b. "Productive output" means the number of units
3 actually produced by a single plant or operation in a single
4 continuous 12-month period, irrespective of sales. Increases
5 in productive output shall be measured by the output for 12
6 continuous months immediately following the completion of
7 installation of such machinery or equipment over the output
8 for the 12 continuous months immediately preceding such
9 installation. However, if a different 12-month continuous
10 period of time would more accurately reflect the increase in
11 productive output of machinery and equipment purchased to
12 facilitate an expansion, the increase in productive output may
13 be measured during that 12-month continuous period of time if
14 such time period is mutually agreed upon by the Department of
15 Revenue and the expanding business prior to the commencement
16 of production; provided, however, in no case may such time
17 period begin later than 2 years following the completion of
18 installation of the new machinery and equipment. The units
19 used to measure productive output shall be physically
20 comparable between the two periods, irrespective of sales.
21 7. Notwithstanding any other provision in this
22 paragraph to the contrary, in order to receive the exemption
23 provided in this paragraph a taxpayer must register with the
24 WAGES Program Business Registry established by the local WAGES
25 coalition for the area in which the taxpayer is located. Such
26 registration establishes a commitment on the part of the
27 taxpayer to hire WAGES program participants to the maximum
28 extent possible consistent with the nature of their business.
29 Section 13. Subsection (4) of section 288.063, Florida
30 Statutes, 1998 Supplement, is amended, present subsections
31 (7), (8), and (9) are redesignated as subsections (8), (9),
24
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 and (10), respectively, and a new subsections (7) is added to
2 that section, to read:
3 288.063 Contracts for transportation projects.--
4 (4) The Office of Tourism, Trade, and Economic
5 Development may adopt criteria by which transportation
6 projects are to be specified and identified. In approving
7 transportation projects for funding, the Office of Tourism,
8 Trade, and Economic Development shall consider factors
9 including, but not limited to, the cost per job created or
10 retained considering the amount of transportation funds
11 requested; the average hourly rate of wages for jobs created;
12 the reliance on the program as an inducement for the project's
13 location decision; the amount of capital investment to be made
14 by the business; the demonstrated local commitment; the
15 location of the project in an enterprise zone designated
16 pursuant to s. 290.0055; the location of the project in a
17 community development corporation service area as defined in
18 s. 290.035(2); the location of the project in a spaceport
19 territory as defined in s. 331.304; the unemployment rate of
20 the surrounding area; the poverty rate of the community; and
21 the adoption of an economic element as part of its local
22 comprehensive plan in accordance with s. 163.3177(7)(j). The
23 Office of Tourism, Trade, and Economic Development may contact
24 any agency it deems appropriate for additional input regarding
25 the approval of projects.
26 (7) For the purpose of this section, the Spaceport
27 Florida Authority may serve as the local government or as the
28 contracting agency for transportation projects within
29 spaceport territory as defined by s. 331.304.
30 Section 14. Subsection (1) of section 288.075, Florida
31 Statutes, is amended to read:
25
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 288.075 Confidentiality of records.--
2 (1) As used in this section, the term "economic
3 development agency" means the Office of Tourism, Trade, and
4 Economic Development Division of Economic Development of the
5 Department of Commerce, any industrial development authority
6 created in accordance with part III of chapter 159 or by
7 special law, the Spaceport Florida Authority created in part
8 II of chapter 331, the public economic development agency that
9 advises the county commission on the issuance of industrial
10 revenue bonds of a county that does not have an industrial
11 development authority created in accordance with part III of
12 chapter 159 or by special law, or any research and development
13 authority created in accordance with part V of chapter 159.
14 The term also includes any private agency, person,
15 partnership, corporation, or business entity when authorized
16 by the state, a municipality, or a county to promote the
17 general business interests or industrial interests of the
18 state or that municipality or county.
19 Section 15. Subsection (2) of section 288.35, Florida
20 Statutes, is amended to read:
21 288.35 Definitions.--The following terms, wherever
22 used or referred to in this part, shall have the following
23 meanings:
24 (2) "Government agency" means the state or any county
25 or political subdivision thereof; any state agency; any
26 consolidated government of a county, and some or all of the
27 municipalities located within said county; any chartered
28 municipality in the state; and any of the institutions of such
29 consolidated governments, counties, or municipalities.
30 Specifically included are airports, port authorities, and
31 industrial authorities, and the Spaceport Florida Authority.
26
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 Section 16. Subsection (2) of section 288.9415,
2 Florida Statutes, is amended to read:
3 288.9415 International Trade Grants.--
4 (2) A county, municipality, economic development
5 council, the Spaceport Florida Authority, or a not-for-profit
6 association of businesses organized to assist in the promotion
7 of international trade may apply for a grant of state funds
8 for the promotion of international trade.
9 Section 17. Subsection (2) of section 331.309, Florida
10 Statutes, 1998 Supplement, is amended to read:
11 331.309 Treasurer; depositories; fiscal agent.--
12 (2) The board is authorized to select as depositories
13 in which the funds of the board and of the authority shall be
14 deposited any qualified public depository as defined in s.
15 280.02, upon such terms and conditions as to the payment of
16 interest by such depository upon the funds so deposited as the
17 board may deem just and reasonable. Funds of the authority may
18 also be deposited with the Florida Commercial Space Financing
19 Corporation created by s. 331.407. The funds of the authority
20 may be kept in or removed from the State Treasury upon written
21 notification from the chair of the board to the State
22 Comptroller.
23 Section 18. Part III of chapter 331, Florida Statutes,
24 consisting of sections 331.401, 331.403, 331.405, 331.407,
25 331.409, 331.411, 331.415, 331.417, 331.419, and 331.421, is
26 created to read:
27 331.401 Short title.--Sections 331.401-331.421 may be
28 cited as the "Florida Commercial Space Financing Corporation
29 Act."
30 331.403 Legislative findings and intent.--The
31 Legislature finds that the expansion of state and federal
27
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 support for the aerospace industry in Florida is critical to
2 the continued development of a viable commercial space
3 industry and the technical and scientific job base for its
4 citizens. This development of commercial opportunities in
5 Florida is slowed by the lack of traditional business
6 financing tools such as securitization for industrial
7 development. Florida's launch industry is also being
8 challenged by the provision of such industry assistance by
9 other countries. Florida's aerospace industry could be
10 assisted by a corporation established to work with the United
11 States Export-Import Bank, the Small Business Administration,
12 the National Aeronautics and Space Administration, and other
13 federal, state, and private sources to provide information,
14 technical assistance, and financial support. It is the
15 intention of the Legislature to retain and expand job
16 opportunities for Florida citizens through this mechanism.
17 331.405 Definitions.--As used in this part:
18 (1) "Account" means the account established pursuant
19 to s. 331.415.
20 (2) "Authority" means the Spaceport Florida Authority
21 created by s. 331.302.
22 (3) "Board" means the governing body of the
23 corporation.
24 (4) "Corporation" means the Florida Commercial Space
25 Financing Corporation.
26 (5) "Domiciled in this state" means registered to do
27 business in Florida.
28 (6) "Financing agreement" has the same meaning as in
29 s. 331.303(10).
30 (7) "Financial institution" has the same meaning as in
31 s. 655.005(1)(h).
28
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 (8) "Member" means an individual appointed to be a
2 member of the board.
3 (9) "President" means the chief executive officer of
4 the corporation.
5 331.407 Florida Commercial Space Financing
6 Corporation.--
7 (1) The Florida Commercial Space Financing Corporation
8 is created as a corporation not for profit. The corporation
9 shall have all the powers, rights, privileges, and authority
10 as provided under chapter 617 and this part. The corporation
11 shall be organized on a nonstock basis. The purpose of the
12 corporation is to expand employment and income opportunities
13 for residents of this state by providing businesses domiciled
14 in this state with information, technical assistance, and
15 financial assistance to support space-related transactions, in
16 order to increase the development within the state of
17 commercial aerospace products, activities, services, and
18 facilities.
19 (2) The corporation shall have the power and authority
20 to carry out the following functions:
21 (a) To coordinate its efforts with programs and goals
22 of the United States Air Force, the National Aeronautics and
23 Space Administration, the Export-Import Bank, the
24 International Trade Administration of the United States
25 Department of Commerce, the Foreign Credit Insurance
26 Association, Enterprise Florida, Inc., and its boards, and
27 other private and public programs and organizations, domestic
28 and foreign.
29 (b) To establish a network of contacts among those
30 domestic and foreign public and private organizations which
31 provide information, technical assistance, and financial
29
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 support to the aerospace industry.
2 (c) To assemble, publish, and disseminate information
3 on financing opportunities and techniques of financing
4 aerospace projects, programs, and activities; sources of
5 public and private aerospace financing assistance; and sources
6 of space-related financing.
7 (d) To organize, host, and participate in seminars and
8 other forums designed to disseminate information and technical
9 assistance regarding space-related financing.
10 (e) To insure, coinsure, lend, and guarantee loans,
11 and to originate for sale direct space-related loans, pursuant
12 to criteria, bylaws, policies, and procedures adopted by the
13 board.
14 (f) To capitalize, underwrite, and secure funding for
15 aerospace infrastructure, satellites, launch vehicles, and any
16 service which supports aerospace launches.
17 (g) To construct, lease, or sell aerospace
18 infrastructure, satellites, launch vehicles, and any other
19 related activities and services.
20 (h) To acquire property, including real, personal,
21 tangible, intangible, or mixed, under such conditions as the
22 board may deem necessary or desirable, and sell or otherwise
23 dispose of the same.
24 (i) To make and exercise any and all contracts or
25 other instruments necessary or convenient to the exercise of
26 its powers, including financing agreements.
27 331.409 Powers and limitations.--
28 (1) The corporation may charge fees to help defray the
29 operating expenses of its programs. The amount of fees shall
30 be determined by the board.
31 (2) The total of loans, guarantees, direct loan
30
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 originations for sale, and insured transactions outstanding
2 shall not be more than five times the balance of the account.
3 The board may elect to require a higher reserve.
4 (3) The board shall adopt rules with respect to the
5 terms and limits for loans, guarantees, and direct loan
6 originations, but a loan guarantee or a direct loan
7 origination shall not exceed 90 percent of the transaction
8 contract.
9 (4) In providing assistance, the board shall create a
10 fiscal strategy for Florida which will guide and facilitate
11 the successful expansion of space-related jobs.
12 (5) The board shall explore the possibility of
13 organizing financial institutions and international bank
14 syndicates for the purpose of offering nonrecourse financing
15 to the Florida aerospace industry.
16 (6) The board may exercise all powers granted to
17 not-for-profit corporations under chapter 617.
18 (7) The board shall manage all funds in its possession
19 and invest in permissible securities.
20 331.411 Board of directors; powers and duties.--
21 (1) There is created a board of directors of the
22 corporation, which shall consist of up to 7 voting members as
23 follows:
24 (a) One representative appointed by each of the
25 following:
26 1. The board of supervisors of the Spaceport Florida
27 Authority.
28 2. The board of directors of the Florida Export
29 Finance Corporation.
30 3. The director of the Office of Tourism, Trade, and
31 Economic Development.
31
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 4. The board of directors of Enterprise Florida, Inc.
2 5. The Secretary of Transportation.
3 (b) The Governor shall appoint the following members:
4 1. A member representing the investment banking
5 industry.
6 2. An attorney at law in private practice.
7
8 The board shall also include two ex officio nonvoting members,
9 a member of the House of Representatives selected by the
10 Speaker of the House of Representatives, and a member of the
11 Senate selected by the President of the Senate, both of whom
12 shall serve 2-year terms.
13 (2) Each voting member shall serve a 3-year term,
14 beginning on July 1. Members appointed pursuant to paragraph
15 (1)(a) shall serve at the pleasure of the appointing
16 authority. Members appointed pursuant to paragraph (1)(b)
17 shall serve at the pleasure of the Governor. Initial
18 appointments shall be made no later than 60 days after the
19 effective date of this act.
20 (3)(a) No person appointed pursuant to paragraph
21 (1)(a) may be employed full time by any entity that applies
22 for financial support.
23 (b) The members of the board who are federal employees
24 shall not vote on any financial matter, but may vote on all
25 corporate policies and procedures.
26 (c) All board members must be residents of the state.
27 (4) The board shall hold its initial meeting no later
28 than 30 days after the members have been appointed.
29 (5) At its first meeting, the board shall appoint a
30 president of the corporation from qualified candidates who
31 have been screened and interviewed by the Spaceport Florida
32
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 Authority.
2 (6) Board members shall serve without compensation but
3 may be reimbursed for all necessary expenses in the
4 performance of their duties, including attending board
5 meetings and conducting board business.
6 (7) The board shall:
7 (a) Prior to the expenditure of funds from the
8 account, adopt bylaws, rules, and policies necessary to carry
9 out its responsibilities under this part, particularly with
10 respect to the implementation of the corporation's programs to
11 insure, coinsure, lend, provide loan guarantees, and make
12 direct, guaranteed, or collateralized loans to support
13 space-related transactions.
14 (b) Hold regularly scheduled meetings, at least
15 quarterly, in order to carry out the objectives and
16 responsibilities of the board.
17 (c) Adopt policies, including criteria, establishing
18 which space-related transactions shall be eligible for
19 insurance, coinsurance, loan guarantees, and direct,
20 guaranteed, or collateralized loans which may be extended by
21 the corporation. To implement this paragraph, the board shall
22 adopt rules which include the following criteria:
23 1. Any individual signing any corporation loan
24 application and loan or guarantee agreement must have an
25 equity interest in the business applying for financial
26 assistance.
27 2. Applicants must be domiciled in this state and will
28 be contractually obligated to use Florida launch facilities to
29 the maximum extent possible.
30 (d) Adopt requirements to ensure the full repayment of
31 loans and loan guarantees, plus accrued interest,
33
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 full-recourse claims, and indemnities on direct loan
2 originations sold by the corporation, and the solvency of any
3 insurance and coinsurance program extended under this part.
4 (e) Approve any extension of insurance, coinsurance,
5 loans, loan guarantees, or direct loan originations for sale
6 under this part.
7 (f) Consult with Enterprise Florida, Inc., and its
8 boards, or any state or federal agency, to ensure that their
9 respective loan guarantee or working capital loan origination
10 programs are not duplicative and that each program makes full
11 use, to the extent practicable, of the resources of the other.
12 (g) Work to secure a delegated line of authority from
13 the United States Export-Import Bank or other appropriate
14 federal or state agency or private sector entity in order to
15 take advantage of possible funding or guarantee sources.
16 (h) Develop a streamlined application and review
17 process.
18 331.415 Authority to create account.--
19 (1) The board shall create an account for the purposes
20 of this part to receive state, federal, and private financial
21 resources, and the return from investments of those resources.
22 The account shall be under the exclusive control of the board.
23 (2) Resources in the account shall be allocated for
24 operating expenses of the corporation and for other purposes
25 authorized by this part.
26 (3)(a) Appropriations for the corporation shall be
27 deposited into the account.
28 (b) The board may deposit the resources of the account
29 with state or federally chartered financial institutions in
30 this state and may invest the remaining portion in permissible
31 securities.
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 (c) At all times, the board shall attempt to maximize
2 the returns on funds in the account.
3 (d) All funds received from the activities of the
4 corporation shall be redeposited in the account to be used to
5 support the purposes of this part.
6 (4) Any claims against the account shall be paid
7 solely from the account. Under no circumstances shall the
8 credit of the state be pledged other than funds appropriated
9 by law to the account, nor shall the state be liable or
10 obligated in any way for claims on the account or against the
11 corporation.
12 331.417 President.--
13 (1) The board shall appoint a president. The president
14 shall be knowledgeable about the aerospace industry and its
15 financing programs.
16 (2) The president shall serve at the pleasure of the
17 board and shall receive a salary and benefits as fixed by the
18 board.
19 (3) The president shall administer the programs of the
20 corporation and perform such duties as are delegated by the
21 board.
22 (4) The president may, upon approval of the board:
23 (a) Contract for services.
24 (b) Hold public hearings.
25 (c) Call upon and reimburse for services any state
26 agency or department for assistance in carrying out the
27 objectives of this part.
28 (d) Participate with government or private industry in
29 programs for technical assistance, loans, technology transfer,
30 or any other programs related to this part.
31 (e) Undertake or commission studies on methods to
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 increase financial resources to expand the financial
2 assistance to aerospace-related industries in this state.
3 (f) Hire staff and provide training for them and other
4 individuals involved in finance assistance, including such
5 training sessions as may be provided by the United States
6 Export-Import Bank and other organizations.
7 (g) Exercise any other powers as may be necessary to
8 carry out the purposes of this part.
9 (5) The president shall provide staff to the board as
10 requested.
11 (6) The president shall submit an annual budget to be
12 approved by the board.
13 331.419 Reports and audits.--
14 (1) By December 31 of each year, the corporation shall
15 submit to the Governor, the President of the Senate, the
16 Speaker of the House of Representatives, the Senate Minority
17 Leader, and the House Minority Leader a complete and detailed
18 report setting forth:
19 (a) An evaluation of its activities and
20 recommendations for change.
21 (b) The corporation's impact on the participation of
22 private banks and other private organizations and individuals
23 in the corporation's financing programs, and other economic
24 and social benefits to businesses in this state.
25 (c) Its assets and liabilities at the end of its most
26 recent fiscal year.
27 (2) By September 1, 2000, the corporation, in
28 cooperation with the Office of Program Policy Analysis and
29 Government Accountability, shall develop a research design,
30 including goals and measurable objectives for the corporation,
31 which will provide the Legislature with a quantitative
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 evaluation of the corporation. The corporation shall utilize
2 the monitoring mechanisms and reports developed in the designs
3 and provide these reports to the Governor, the President of
4 the Senate, the Speaker of the House of Representatives, and
5 the Office of Program Policy Analysis and Government
6 Accountability.
7 (3) Prior to the 2001 Regular Session of the
8 Legislature, the Office of Program Policy Analysis and
9 Government Accountability shall perform a review and
10 evaluation of the corporation using the research design
11 promulgated pursuant to subsection (2). The report shall
12 critique the corporation. A report of the findings and
13 recommendations of the Office of Program Policy Analysis and
14 Government Accountability shall be submitted to the President
15 of the Senate and the Speaker of the House of Representatives
16 prior to the 2001 Regular Session.
17 (4) The Division of Banking of the Department of
18 Banking and Finance shall review the corporation's activities
19 once every 24 months to determine compliance with this part
20 and related laws and rules and to evaluate the corporation's
21 operations. The division shall prepare a report based on its
22 review and evaluation with recommendation for any corrective
23 action. The president shall submit to the division regular
24 reports on the corporation's activities. The content and
25 frequency of such reports shall be determined by the division.
26 The division may charge a fee for conducting the review and
27 evaluation and preparing the related report, which fee shall
28 not be in excess of the examination fee paid by chartered or
29 licensed financial institutions.
30 Section 19. Section 331.367, Florida Statutes, is
31 created to read:
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 331.367 Spaceport Management Council.--
2 (1) The Spaceport Management Council is created within
3 the Spaceport Florida Authority to provide coordination and
4 recommendations on projects and activities that will increase
5 the operability and capabilities of Florida's space launch
6 facilities, increase statewide space-related industry and
7 opportunities, and promote space education and research within
8 the state. The council shall work to develop integrated
9 facility and programmatic development plans to address
10 commercial, state, and federal requirements and to identify
11 appropriate private, state, and federal resources to implement
12 these plans.
13 (2) The council shall make recommendations regarding:
14 (a) The development of a spaceport master plan.
15 (b) The projects and levels of commercial financing
16 required from the Florida Commercial Space Financing
17 Corporation created by s. 331.407.
18 (c) Development and expansion of space-related
19 education and research programs within Florida, including
20 recommendations to be provided to the State University System,
21 the Division of Community Colleges, and the Department of
22 Education.
23 (d) The regulation of spaceports and federal and state
24 policy.
25 (e) Florida's approach to the Federal Government
26 regarding requests for funding of space development.
27 (3)(a) The council shall consist of an executive
28 board, which shall consist of representatives of governmental
29 organizations with responsibilities for developing or
30 operating space transportation facilities, and a Space
31 Industry Committee, which shall consist of representatives of
38
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida's space industry.
2 (b) The following individuals shall serve on the
3 executive board:
4 1. The executive director of the Spaceport Florida
5 Authority or his or her designee.
6 2. The director of the John F. Kennedy Space Center or
7 his or her designee.
8 3. The Commander of the United States Air Force 45th
9 Space Wing or his or her designee.
10 4. The Commander of the Naval Ordnance Test Unit or
11 his or her designee.
12 5. The Secretary of Transportation or his or her
13 designee.
14 6. The president of Enterprise Florida, Inc., or his
15 or her designee, as an ex officio nonvoting member.
16 7. The director of the Office of Tourism, Trade, and
17 Economic Development or his or her designee, as an ex officio
18 nonvoting member.
19 (4) Each member shall be appointed to serve for a
20 3-year term, beginning July 1. Initial appointments shall be
21 made no later than 60 days after the effective date of this
22 act.
23 (5) The executive board shall hold its initial meeting
24 no later than 30 days after the members have been appointed.
25 The Space Industry Committee shall hold its initial meeting no
26 later than 60 days after the members have been appointed.
27 (6) All council members must be residents of the
28 state.
29 (7) The council shall adopt bylaws governing the
30 manner in which the business of the council shall be
31 conducted. The bylaws shall specify the procedure by which the
39
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 chairperson of the council is elected.
2 (8) The council shall provide infrastructure and
3 program requirements and develop other information to be
4 utilized in a 5-year spaceport master plan. The council shall
5 define goals and objectives concerning the development of
6 spaceport facilities and an intermodal transportation system
7 consistent with the goals of the Florida Transportation Plan
8 developed pursuant to s. 339.155.
9 (9) The council shall provide requirements and other
10 information to be utilized in the development of a 5-year
11 Spaceport Economic Development Plan, defining the goals and
12 objectives of the council concerning the development of space
13 manufacturing, research and development, and educational
14 facilities.
15 (10) The council shall meet at the call of its
16 chairperson, at the request of a majority of its membership,
17 or at such times as may be prescribed in its bylaws. However,
18 the council must meet at least semiannually. A majority of
19 voting members of the council constitutes a quorum for the
20 purpose of transacting the business of the council. A vote of
21 the majority of the voting members present is sufficient for
22 any action of the council, unless the bylaws of the council
23 require a greater vote for a particular action.
24 Section 20. (1) There is created the Florida Space
25 Research Institute the purpose of which is to serve as an
26 industry-driven center for research, leveraging the state's
27 resources in a collaborative effort to support Florida's space
28 industry and its transition to commercialization.
29 (2) The institute shall operate as a public/private
30 partnership under the direction of a board comprised of
31 representatives of the Spaceport Florida Authority, Enterprise
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 Florida, Inc., the Florida Aviation and Aerospace Alliance,
2 and four additional space industry representatives selected by
3 the core membership of the board.
4 (3) The board of the Florida Space Research Institute
5 shall:
6 (a) Set the strategic direction for the institute
7 including research priorities, the scope of research projects,
8 and the timeframes for completion.
9 (b) Invite the participation of public and private
10 universities including, but not limited to, the University of
11 Central Florida, the University of Florida, the University of
12 South Florida, Florida State University, Florida Institute of
13 Technology, and the University of Miami.
14 (c) Select a lead university to serve as coordinator
15 of research and as the administrative entity of the institute.
16 (4) By December 1 of each year, the institute shall
17 submit a report of its activities and accomplishments for the
18 prior fiscal year to the Governor, the President of the
19 Senate, and the Speaker of the House of Representatives. The
20 report shall also include recommendations regarding actions
21 the state should take to enhance the development of
22 space-related businesses, including:
23 (a) Future research activities.
24 (b) The development of capital and technology
25 assistance to new and expanding industries.
26 (c) The removal of regulatory impediments.
27 (d) The establishment of business development
28 incentives.
29 (e) The initiation of education and training programs
30 to ensure a skilled workforce.
31 Section 21. If any provision of this act or the
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 application thereof to any person or circumstance is held
2 invalid, the invalidity does not affect other provisions or
3 applications of the act which can be given effect without the
4 invalid provision or application, and to this end the
5 provisions of this act are declared severable.
6 Section 22. Section 196.1994, Florida Statutes, is
7 amended to read:
8 196.1994 Space laboratories and carriers exemption.--
9 (1) Notwithstanding other provisions of this chapter,
10 modules, pallets, racks, lockers, and their necessary
11 associated hardware and subsystems owned by any person and
12 intended for use as space laboratories launched into space
13 aboard the space shuttle for the primary purpose of conducting
14 scientific research in space or as cargo carriers launched
15 into space aboard the space shuttle for the primary purpose of
16 transporting or storing cargo are deemed to carry out a
17 scientific purpose and are exempt from ad valorem taxation.
18 (2) This section is repealed July 1, 2004.
19 Section 23. It is the intent of the Legislature that
20 the amendment to section 196.1994, Florida Statutes, by this
21 section clarifies and confirms existing law with respect to
22 the tax exemption provided for herein.
23 Section 24. The sum of $1 million is appropriated from
24 the General Revenue Fund to the Florida Commercial Space
25 Financing Corporation for the purpose of implementing sections
26 331.401-331.419, Florida Statutes, during the 1999-2000 fiscal
27 year. The sum of $500,000 is appropriated from the General
28 Revenue Fund to the Florida Commercial Space Financing
29 Corporation for corporate operations for the 1999-2000 fiscal
30 year.
31 Section 25. This act shall take effect July 1, 1999.
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 Remove from the title of the bill: the entire title
4
5 and insert in lieu thereof:
6 A bill to be entitled
7 An act relating to the commercial space
8 industry; amending s. 330.30, F.S.; exempting
9 certain spaceports from a provision of law
10 relating to the approval of airport sites and
11 the licensing of airports; amending s. 331.303,
12 F.S.; revising definitions with respect to the
13 Spaceport Florida Authority Act; amending s.
14 331.304, F.S.; revising the boundaries of
15 spaceport territory; amending s. 331.360, F.S.;
16 providing for the development of a spaceport
17 master plan; creating s. 332.008, F.S.;
18 providing limitation on the application of
19 chapter 332, F.S.; amending s. 334.03, F.S.;
20 redefining the term "transportation facility";
21 amending s. 334.30, F.S.; authorizing a fixed
22 guideway transportation system operating within
23 the Department of Transportation's right-of-way
24 to operate at any safe speed; amending s.
25 339.155, F.S.; revising a provision of law
26 governing transportation planning to include
27 reference to spaceport master plans; amending
28 s. 339.175, F.S.; including reference to
29 spaceports and aerospace development with
30 respect to metropolitan planning organizations;
31 creating the Commission on the Future of
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 Aeronautics and Space in Florida; providing for
2 qualifications and appointment of members;
3 directing the commission to study and make
4 recommendations regarding specified areas
5 relating to aeronautics and aerospace in the
6 state; requiring reports; amending s. 196.012,
7 F.S.; redefining the term "governmental
8 purpose"; amending s. 212.08, F.S.; providing
9 an exemption from the tax on sales, use, and
10 other transactions; revising the application of
11 the sales tax exemption for machinery and
12 equipment used to increase productive output
13 with respect to such machinery and equipment
14 used in connection with spaceport activities;
15 amending s. 288.063, F.S.; authorizing the
16 Spaceport Florida Authority to enter into
17 contracts for transportation projects; amending
18 s. 288.075, F.S.; adding the Office of Tourism,
19 Trade, and Economic Development and the
20 Spaceport Florida Authority to a list of
21 economic development agencies whose records are
22 confidential; amending s. 288.35, F.S.;
23 redefining the term "government agency";
24 amending s. 288.9415, F.S.; authorizing the
25 Spaceport Florida Authority to apply for
26 international trade grants; amending s.
27 331.309, F.S.; providing that funds of the
28 authority may be deposited with the Florida
29 Commercial Space Financing Corporation;
30 creating part III of ch. 331, F.S., the Florida
31 Commercial Space Financing Corporation Act;
44
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 providing findings and intent; providing
2 definitions; creating the Florida Commercial
3 Space Financing Corporation; specifying the
4 functions the corporation is authorized to
5 carry out; providing for a board of directors
6 of the corporation and for qualifications and
7 appointment of members; providing powers of the
8 corporation and the board; providing for fees;
9 providing for rules; providing for insurance,
10 coinsurance, loan guarantees, and loans for
11 eligible space-related transactions; directing
12 the board to establish an account to receive
13 specified resources; providing for deposits in
14 the account and for allocation of the account's
15 resources; providing for appointment of a
16 president of the corporation; providing powers
17 and duties of the president; requiring an
18 annual report; providing for development of a
19 research design to evaluate the corporation;
20 providing for a review and evaluation of the
21 corporation by the Office of Program Policy
22 Analysis and Government Accountability;
23 providing for periodic reviews and reports by
24 the Division of Banking; creating s. 331.367,
25 F.S.; creating the Spaceport Management Council
26 within the Spaceport Florida Authority;
27 providing that the council shall make
28 recommendations regarding specified areas;
29 providing for an executive board and the
30 membership thereof; providing duties of the
31 council; providing duties with respect to a
45
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HOUSE AMENDMENT
531-172AXB-32-01 Bill No. CS for SB 2540, 1st Eng.
Amendment No. (for drafter's use only)
1 spaceport master plan; providing for
2 development of a Spaceport Economic Development
3 Plan; creating the Florida Space Research
4 Institute; prescribing the purposes of the
5 institute; providing for management and
6 operation of the institute; requiring a report;
7 amending s. 196.1994, F.S.; providing that
8 cargo carriers are exempt from ad valorem
9 taxes; providing intent; providing legislative
10 findings and declarations with respect to the
11 global competition that is encountered by the
12 state in attracting commercial space business
13 facilities; providing severability; providing
14 an appropriation; providing an effective date.
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
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