Senate Bill 2540c1

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    Florida Senate - 1999                           CS for SB 2540

    By the Committee on Commerce and Economic Opportunities; and
    Senator Bronson




    310-2104-99

  1                      A bill to be entitled

  2         An act relating to the commercial space

  3         industry; amending s. 196.012, F.S.; redefining

  4         the term "governmental purpose"; amending ss.

  5         212.031, 212.08, F.S.; providing for exemptions

  6         from the tax on sales, use, and other

  7         transactions; revising the application of the

  8         sales tax exemption for machinery and equipment

  9         used to increase productive output with respect

10         to such machinery and equipment used in

11         connection with spaceport activities; amending

12         s. 288.063, F.S.; authorizing the Spaceport

13         Florida Authority to enter into contracts for

14         transportation projects; amending s. 288.075,

15         F.S.; adding the Spaceport Florida Authority to

16         a list of economic development agencies whose

17         records are confidential; amending s. 288.35,

18         F.S.; redefining the term "government agency";

19         amending s. 288.9415, F.S.; authorizing the

20         Spaceport Florida Authority to apply for

21         international trade grants; amending s.

22         331.305, F.S.; authorizing Spaceport Florida

23         Authority personnel to participate in specified

24         education and training; amending s. 331.309,

25         F.S.; providing that funds of the authority may

26         be deposited with the Florida Commercial Space

27         Financing Corporation; creating s. 331.3475,

28         F.S.; providing for the Spaceport Facility Loan

29         Guarantee Program; creating part III of ch.

30         331, F.S., the Florida Commercial Space

31         Financing Corporation Act; providing findings

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  1         and intent; providing definitions; creating the

  2         Florida Commercial Space Financing Corporation;

  3         specifying the functions the corporation is

  4         authorized to carry out; providing for a board

  5         of directors of the corporation and for

  6         qualifications and appointment of members;

  7         providing powers of the corporation and the

  8         board; providing for fees; providing for rules;

  9         providing for insurance, coinsurance, loan

10         guarantees, and loans for eligible

11         space-related transactions; directing the board

12         to establish an account to receive specified

13         resources; providing for deposits in the

14         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; authorizing the

25         Spaceport Florida Authority to pledge certain

26         revenues to guarantee corporation loans;

27         creating s. 331.365, F.S.; creating the Florida

28         Space Industry and Research Facility

29         Development Program within the Spaceport

30         Florida Authority; providing that sales tax

31         revenues collected at the Kennedy Space Center

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  1         Visitor Complex and distributed to the

  2         authority shall be used to fund certain

  3         approved projects; providing duties of the

  4         Office of Tourism, Trade, and Economic

  5         Development; providing for audits; amending s.

  6         212.20, F.S.; providing for distribution of the

  7         state taxes collected pursuant to ch. 212,

  8         F.S., at the Kennedy Space Center Visitor

  9         Complex to the Spaceport Florida Authority;

10         providing for a minimum annual distribution;

11         creating s. 331.367, F.S.; creating the

12         Spaceport Management Council within the

13         Spaceport Florida Authority; providing that the

14         council shall make recommendations regarding

15         specified areas; providing for an executive

16         board and the membership thereof; providing for

17         selection of members of the council's Space

18         Industry Committee; providing duties of the

19         council; providing duties with respect to a

20         spaceport master plan; providing for

21         development and annual updating of a Spaceport

22         Economic Development Plan; providing for

23         development of certain training programs;

24         providing that the council shall recommend

25         projects to be funded pursuant to the Florida

26         Space Industry and Research Facility

27         Development Program; providing for review of

28         such recommendations by the Department of

29         Community Affairs and the Office of Tourism,

30         Trade, and Economic Development; creating the

31         Florida Space Research Institute; prescribing

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  1         the purposes of the institute; providing for

  2         management and operation of the institute;

  3         requiring a report; providing an appropriation;

  4         providing an effective date.

  5

  6  Be It Enacted by the Legislature of the State of Florida:

  7

  8         Section 1.  Subsection (6) of section 196.012, Florida

  9  Statutes, is amended to read:

10         196.012  Definitions.--For the purpose of this chapter,

11  the following terms are defined as follows, except where the

12  context clearly indicates otherwise:

13         (6)  Governmental, municipal, or public purpose or

14  function shall be deemed to be served or performed when the

15  lessee under any leasehold interest created in property of the

16  United States, the state or any of its political subdivisions,

17  or any municipality, agency, special district, authority, or

18  other public body corporate of the state is demonstrated to

19  perform a function or serve a governmental purpose which could

20  properly be performed or served by an appropriate governmental

21  unit or which is demonstrated to perform a function or serve a

22  purpose which would otherwise be a valid subject for the

23  allocation of public funds. For purposes of the preceding

24  sentence, an activity undertaken by a lessee which is

25  permitted under the terms of its lease of real property

26  designated as an aviation area on an airport layout plan which

27  has been approved by the Federal Aviation Administration and

28  which real property is used for the administration, operation,

29  business offices and activities related specifically thereto

30  in connection with the conduct of an aircraft full service

31  fixed base operation which provides goods and services to the

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  1  general aviation public in the promotion of air commerce shall

  2  be deemed an activity which serves a governmental, municipal,

  3  or public purpose or function. Any activity undertaken by a

  4  lessee which is permitted under the terms of its lease of real

  5  property designated as a public airport as defined in s.

  6  332.004(14) by municipalities, agencies, special districts,

  7  authorities, or other public bodies corporate and public

  8  bodies politic of the state, a spaceport as defined in s.

  9  331.303(19), or which is located in a deepwater port

10  identified in s. 403.021(9)(b) and owned by one of the

11  foregoing governmental units, subject to a leasehold or other

12  possessory interest of a nongovernmental lessee that is deemed

13  to perform an aviation, or airport, aerospace, or maritime, or

14  port purpose or operation shall be deemed an activity that

15  serves a governmental, municipal, or public purpose. The use

16  by a lessee, licensee, or management company of real property

17  or a portion thereof as a convention center, visitor center,

18  sports facility with permanent seating, concert hall, arena,

19  stadium, park, or beach is deemed a use that serves a

20  governmental, municipal, or public purpose or function when

21  access to the property is open to the general public with or

22  without a charge for admission. If property deeded to a

23  municipality by the United States is subject to a requirement

24  that the Federal Government, through a schedule established by

25  the Secretary of the Interior, determine that the property is

26  being maintained for public historic preservation, park, or

27  recreational purposes and if those conditions are not met the

28  property will revert back to the Federal Government, then such

29  property shall be deemed to serve a municipal or public

30  purpose. The term "governmental purpose" also includes a

31  direct use of property on federal lands in connection with the

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  1  Federal Government's Space Exploration Program or spaceport

  2  activities as defined in s. 212.02(22). Real property and

  3  tangible personal property owned by the Federal Government or

  4  the Spaceport Florida Authority and used for defense and space

  5  exploration purposes or which is put to a use in support

  6  thereof shall be deemed to perform an essential national

  7  governmental purpose and shall be exempt. "Owned by the

  8  lessee" as used in this chapter does not include personal

  9  property, buildings, or other real property improvements used

10  for the administration, operation, business offices and

11  activities related specifically thereto in connection with the

12  conduct of an aircraft full service fixed based operation

13  which provides goods and services to the general aviation

14  public in the promotion of air commerce provided that the real

15  property is designated as an aviation area on an airport

16  layout plan approved by the Federal Aviation Administration.

17  For purposes of determination of "ownership," buildings and

18  other real property improvements which will revert to the

19  airport authority or other governmental unit upon expiration

20  of the term of the lease shall be deemed "owned" by the

21  governmental unit and not the lessee. Providing two-way

22  telecommunications services to the public for hire by the use

23  of a telecommunications facility, as defined in s. 364.02(13),

24  and for which a certificate is required under chapter 364 does

25  not constitute an exempt use for purposes of s. 196.199,

26  unless the telecommunications services are provided by the

27  operator of a public-use airport, as defined in s. 332.004,

28  for the operator's provision of telecommunications services

29  for the airport or its tenants, concessionaires, or licensees,

30  or unless the telecommunications services are provided by a

31  public hospital.  However, property that is being used to

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  1  provide such telecommunications services on or before October

  2  1, 1997, shall remain exempt, but such exemption expires

  3  October 1, 2004.

  4         Section 2.  Paragraph (a) of subsection (1) of section

  5  212.031, Florida Statutes, 1998 Supplement, is amended to

  6  read:

  7         212.031  Lease or rental of or license in real

  8  property.--

  9         (1)(a)  It is declared to be the legislative intent

10  that every person is exercising a taxable privilege who

11  engages in the business of renting, leasing, letting, or

12  granting a license for the use of any real property unless

13  such property is:

14         1.  Assessed as agricultural property under s. 193.461.

15         2.  Used exclusively as dwelling units.

16         3.  Property subject to tax on parking, docking, or

17  storage spaces under s. 212.03(6).

18         4.  Recreational property or the common elements of a

19  condominium when subject to a lease between the developer or

20  owner thereof and the condominium association in its own right

21  or as agent for the owners of individual condominium units or

22  the owners of individual condominium units. However, only the

23  lease payments on such property shall be exempt from the tax

24  imposed by this chapter, and any other use made by the owner

25  or the condominium association shall be fully taxable under

26  this chapter.

27         5.  A public or private street or right-of-way occupied

28  or used by a utility for utility purposes.

29         6.  A public street or road which is used for

30  transportation purposes.

31

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  1         7.  Property used at an airport exclusively for the

  2  purpose of aircraft landing or aircraft taxiing or property

  3  used by an airline for the purpose of loading or unloading

  4  passengers or property onto or from aircraft or for fueling

  5  aircraft.

  6         8.a.  Property used at a port authority, as defined in

  7  s. 315.02(2), exclusively for the purpose of oceangoing

  8  vessels or tugs docking, or such vessels mooring on property

  9  used by a port authority for the purpose of loading or

10  unloading passengers or cargo onto or from such a vessel, or

11  property used at a port authority for fueling such vessels, or

12  to the extent that the amount paid for the use of any property

13  at the port is based on the charge for the amount of tonnage

14  actually imported or exported through the port by a tenant.

15         b.  The amount charged for the use of any property at

16  the port in excess of the amount charged for tonnage actually

17  imported or exported shall remain subject to tax except as

18  provided in sub-subparagraph a.

19         9.  Property within spaceport territory leased from the

20  Spaceport Florida Authority which is used for spaceport

21  activities.

22         10.9.  Property used as an integral part of the

23  performance of qualified production services.  As used in this

24  subparagraph, the term "qualified production services" means

25  any activity or service performed directly in connection with

26  the production of a qualified motion picture, as defined in s.

27  212.06(1)(b), and includes:

28         a.  Photography, sound and recording, casting, location

29  managing and scouting, shooting, creation of special and

30  optical effects, animation, adaptation (language, media,

31  electronic, or otherwise), technological modifications,

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  1  computer graphics, set and stage support (such as

  2  electricians, lighting designers and operators, greensmen,

  3  prop managers and assistants, and grips), wardrobe (design,

  4  preparation, and management), hair and makeup (design,

  5  production, and application), performing (such as acting,

  6  dancing, and playing), designing and executing stunts,

  7  coaching, consulting, writing, scoring, composing,

  8  choreographing, script supervising, directing, producing,

  9  transmitting dailies, dubbing, mixing, editing, cutting,

10  looping, printing, processing, duplicating, storing, and

11  distributing;

12         b.  The design, planning, engineering, construction,

13  alteration, repair, and maintenance of real or personal

14  property including stages, sets, props, models, paintings, and

15  facilities principally required for the performance of those

16  services listed in sub-subparagraph a.; and

17         c.  Property management services directly related to

18  property used in connection with the services described in

19  sub-subparagraphs a. and b.

20         11.10.  Leased, subleased, or rented to a person

21  providing food and drink concessionaire services within the

22  premises of a movie theater, a business operated under a

23  permit issued pursuant to chapter 550, or any publicly owned

24  arena, sports stadium, convention hall, exhibition hall,

25  auditorium, or recreational facility.  A person providing

26  retail concessionaire services involving the sale of food and

27  drink or other tangible personal property within the premises

28  of an airport shall be subject to tax on the rental of real

29  property used for that purpose, but shall not be subject to

30  the tax on any license to use the property.  For purposes of

31

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  1  this subparagraph, the term "sale" shall not include the

  2  leasing of tangible personal property.

  3         12.11.  Property occupied pursuant to an instrument

  4  calling for payments which the department has declared, in a

  5  Technical Assistance Advisement issued on or before March 15,

  6  1993, to be nontaxable pursuant to rule 12A-1.070(19)(c),

  7  Florida Administrative Code; provided that this subparagraph

  8  shall only apply to property occupied by the same person

  9  before and after the execution of the subject instrument and

10  only to those payments made pursuant to such instrument,

11  exclusive of renewals and extensions thereof occurring after

12  March 15, 1993.

13         Section 3.  Paragraph (b) of subsection (5) of section

14  212.08, Florida Statutes, 1998 Supplement, is amended to read:

15         212.08  Sales, rental, use, consumption, distribution,

16  and storage tax; specified exemptions.--The sale at retail,

17  the rental, the use, the consumption, the distribution, and

18  the storage to be used or consumed in this state of the

19  following are hereby specifically exempt from the tax imposed

20  by this chapter.

21         (5)  EXEMPTIONS; ACCOUNT OF USE.--

22         (b)  Machinery and equipment used to increase

23  productive output.--

24         1.  Industrial machinery and equipment purchased for

25  exclusive use by a new business in spaceport activities as

26  defined by s. 212.02 or for use in new businesses which

27  manufacture, process, compound, or produce for sale, or for

28  exclusive use in spaceport activities as defined in s. 212.02,

29  items of tangible personal property at fixed locations are

30  exempt from the tax imposed by this chapter upon an

31  affirmative showing by the taxpayer to the satisfaction of the

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  1  department that such items are used in a new business in this

  2  state. Such purchases must be made prior to the date the

  3  business first begins its productive operations, and delivery

  4  of the purchased item must be made within 12 months of that

  5  date.

  6         2.a.  Industrial machinery and equipment purchased for

  7  exclusive use by an expanding facility which is engaged in

  8  spaceport activities as defined by s. 212.02 or for use in

  9  expanding manufacturing facilities or plant units which

10  manufacture, process, compound, or produce for sale, or for

11  exclusive use in spaceport activities as defined in s. 212.02,

12  items of tangible personal property at fixed locations in this

13  state are exempt from any amount of tax imposed by this

14  chapter in excess of $50,000 per calendar year upon an

15  affirmative showing by the taxpayer to the satisfaction of the

16  department that such items are used to increase the productive

17  output of such expanded facility or business by not less than

18  10 percent.

19         b.  Notwithstanding any other provision of this

20  section, industrial machinery and equipment purchased for use

21  in expanding printing manufacturing facilities or plant units

22  that manufacture, process, compound, or produce for sale items

23  of tangible personal property at fixed locations in this state

24  are exempt from any amount of tax imposed by this chapter upon

25  an affirmative showing by the taxpayer to the satisfaction of

26  the department that such items are used to increase the

27  productive output of such an expanded business by not less

28  than 10 percent.

29         3.a.  To receive an exemption provided by subparagraph

30  1. or subparagraph 2., a qualifying business entity shall

31  apply to the department for a temporary tax exemption permit.

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  1  The application shall state that a new business exemption or

  2  expanded business exemption is being sought. Upon a tentative

  3  affirmative determination by the department pursuant to

  4  subparagraph 1. or subparagraph 2., the department shall issue

  5  such permit.

  6         b.  The applicant shall be required to maintain all

  7  necessary books and records to support the exemption. Upon

  8  completion of purchases of qualified machinery and equipment

  9  pursuant to subparagraph 1. or subparagraph 2., the temporary

10  tax permit shall be delivered to the department or returned to

11  the department by certified or registered mail.

12         c.  If, in a subsequent audit conducted by the

13  department, it is determined that the machinery and equipment

14  purchased as exempt under subparagraph 1. or subparagraph 2.

15  did not meet the criteria mandated by this paragraph or if

16  commencement of production did not occur, the amount of taxes

17  exempted at the time of purchase shall immediately be due and

18  payable to the department by the business entity, together

19  with the appropriate interest and penalty, computed from the

20  date of purchase, in the manner prescribed by this chapter.

21         d.  In the event a qualifying business entity fails to

22  apply for a temporary exemption permit or if the tentative

23  determination by the department required to obtain a temporary

24  exemption permit is negative, a qualifying business entity

25  shall receive the exemption provided in subparagraph 1. or

26  subparagraph 2. through a refund of previously paid taxes. No

27  refund may be made for such taxes unless the criteria mandated

28  by subparagraph 1. or subparagraph 2. have been met and

29  commencement of production has occurred.

30         4.  The department shall promulgate rules governing

31  applications for, issuance of, and the form of temporary tax

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  1  exemption permits; provisions for recapture of taxes; and the

  2  manner and form of refund applications and may establish

  3  guidelines as to the requisites for an affirmative showing of

  4  increased productive output, commencement of production, and

  5  qualification for exemption.

  6         5.  The exemptions provided in subparagraphs 1. and 2.

  7  do not apply to machinery or equipment purchased or used by

  8  electric utility companies, communications companies,

  9  phosphate or other solid minerals severance, mining, or

10  processing operations, oil or gas exploration or production

11  operations, publishing firms that do not export at least 50

12  percent of their finished product out of the state, any firm

13  subject to regulation by the Division of Hotels and

14  Restaurants of the Department of Business and Professional

15  Regulation, or any firm which does not manufacture, process,

16  compound, or produce for sale, or for exclusive use in

17  spaceport activities as defined in s. 212.02, items of

18  tangible personal property or which does not use such

19  machinery and equipment in spaceport activities as required by

20  this paragraph.

21         6.  For the purposes of the exemptions provided in

22  subparagraphs 1. and 2., these terms have the following

23  meanings:

24         a.  "Industrial machinery and equipment" means "section

25  38 property" as defined in s. 48(a)(1)(A) and (B)(i) of the

26  Internal Revenue Code, provided "industrial machinery and

27  equipment" shall be construed by regulations adopted by the

28  Department of Revenue to mean tangible property used as an

29  integral part of spaceport activities or of the manufacturing,

30  processing, compounding, or producing for sale, or for

31  exclusive use in spaceport activities as defined in s. 212.02,

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  1  of items of tangible personal property. Such term includes

  2  parts and accessories only to the extent that the exemption

  3  thereof is consistent with the provisions of this paragraph.

  4         b.  "Productive output" means the number of units

  5  actually produced by a single plant or operation in a single

  6  continuous 12-month period, irrespective of sales. Increases

  7  in productive output shall be measured by the output for 12

  8  continuous months immediately following the completion of

  9  installation of such machinery or equipment over the output

10  for the 12 continuous months immediately preceding such

11  installation. However, if a different 12-month continuous

12  period of time would more accurately reflect the increase in

13  productive output of machinery and equipment purchased to

14  facilitate an expansion, the increase in productive output may

15  be measured during that 12-month continuous period of time if

16  such time period is mutually agreed upon by the Department of

17  Revenue and the expanding business prior to the commencement

18  of production; provided, however, in no case may such time

19  period begin later than 2 years following the completion of

20  installation of the new machinery and equipment. The units

21  used to measure productive output shall be physically

22  comparable between the two periods, irrespective of sales.

23         7.  Notwithstanding any other provision in this

24  paragraph to the contrary, in order to receive the exemption

25  provided in this paragraph a taxpayer must register with the

26  WAGES Program Business Registry established by the local WAGES

27  coalition for the area in which the taxpayer is located.  Such

28  registration establishes a commitment on the part of the

29  taxpayer to hire WAGES program participants to the maximum

30  extent possible consistent with the nature of their business.

31

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  1         Section 4.  Subsection (4) of section 288.063, Florida

  2  Statutes, 1998 Supplement, is amended, present subsections

  3  (7), (8), and (9) are redesignated as subsections (8), (9),

  4  and (10), respectively, and a new subsections (7) is added to

  5  that section, to read:

  6         288.063  Contracts for transportation projects.--

  7         (4)  The Office of Tourism, Trade, and Economic

  8  Development may adopt criteria by which transportation

  9  projects are to be specified and identified. In approving

10  transportation projects for funding, the Office of Tourism,

11  Trade, and Economic Development shall consider factors

12  including, but not limited to, the cost per job created or

13  retained considering the amount of transportation funds

14  requested; the average hourly rate of wages for jobs created;

15  the reliance on the program as an inducement for the project's

16  location decision; the amount of capital investment to be made

17  by the business; the demonstrated local commitment; the

18  location of the project in an enterprise zone designated

19  pursuant to s. 290.0055; the location of the project in a

20  community development corporation service area as defined in

21  s. 290.035(2); the location of the project in a spaceport

22  territory as defined in s. 331.304; the unemployment rate of

23  the surrounding area; the poverty rate of the community; and

24  the adoption of an economic element as part of its local

25  comprehensive plan in accordance with s. 163.3177(7)(j). The

26  Office of Tourism, Trade, and Economic Development may contact

27  any agency it deems appropriate for additional input regarding

28  the approval of projects.

29         (7)  For the purpose of this section, the Spaceport

30  Florida Authority may serve as the local government or as the

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  1  contracting agency for transportation projects within

  2  spaceport territory as defined by s. 331.304.

  3         Section 5.  Subsection (1) of section 288.075, Florida

  4  Statutes, is amended to read:

  5         288.075  Confidentiality of records.--

  6         (1)  As used in this section, the term "economic

  7  development agency" means the Division of Economic Development

  8  of the Department of Commerce, any industrial development

  9  authority created in accordance with part III of chapter 159

10  or by special law, the Spaceport Florida Authority created in

11  part II of chapter 331, the public economic development agency

12  that advises the county commission on the issuance of

13  industrial revenue bonds of a county that does not have an

14  industrial development authority created in accordance with

15  part III of chapter 159 or by special law, or any research and

16  development authority created in accordance with part V of

17  chapter 159. The term also includes any private agency,

18  person, partnership, corporation, or business entity when

19  authorized by the state, a municipality, or a county to

20  promote the general business interests or industrial interests

21  of the state or that municipality or county.

22         Section 6.  Subsection (2) of section 288.35, Florida

23  Statutes, is amended to read:

24         288.35  Definitions.--The following terms, wherever

25  used or referred to in this part, shall have the following

26  meanings:

27         (2)  "Government agency" means the state or any county

28  or political subdivision thereof; any state agency; any

29  consolidated government of a county, and some or all of the

30  municipalities located within said county; any chartered

31  municipality in the state; and any of the institutions of such

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  1  consolidated governments, counties, or municipalities.

  2  Specifically included are airports, port authorities, and

  3  industrial authorities, and the Spaceport Florida Authority.

  4         Section 7.  Subsection (2) of section 288.9415, Florida

  5  Statutes, is amended to read:

  6         288.9415  International Trade Grants.--

  7         (2)  A county, municipality, economic development

  8  council, the Spaceport Florida Authority, or a not-for-profit

  9  association of businesses organized to assist in the promotion

10  of international trade may apply for a grant of state funds

11  for the promotion of international trade.

12         Section 8.  Subsections (1) and (18) of section

13  331.305, Florida Statutes, is amended to read:

14         331.305  Powers of the authority.--The authority shall

15  have the power to:

16         (1)  Exercise all powers granted to corporations under

17  the Florida Business General Corporation Act, chapter 607.

18         (18)  Establish a personnel management system for

19  hiring employees and setting employee benefit packages.  The

20  personnel of the authority are shall not be considered to be

21  within the state employment system, but are eligible to

22  participate in state employee education and training

23  opportunities established under s. 110.1099.

24         Section 9.  Subsection (2) of section 331.309, Florida

25  Statutes, 1998 Supplement, is amended to read:

26         331.309  Treasurer; depositories; fiscal agent.--

27         (2)  The board is authorized to select as depositories

28  in which the funds of the board and of the authority shall be

29  deposited any qualified public depository as defined in s.

30  280.02, upon such terms and conditions as to the payment of

31  interest by such depository upon the funds so deposited as the

                                  17

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  1  board may deem just and reasonable. Funds of the authority may

  2  also be deposited with the Florida Commercial Space Financing

  3  Corporation created by s. 331.407. The funds of the authority

  4  may be kept in or removed from the State Treasury upon written

  5  notification from the chair of the board to the State

  6  Comptroller.

  7         Section 10.  Section 331.3475, Florida Statutes, is

  8  created to read:

  9         331.3475  Spaceport Facility Loan Guarantee Program.--

10         (1)  The Spaceport Florida Authority may determine the

11  situations and circumstances for its participation in

12  agreements with the Federal Government, financial

13  institutions, and others associated with the development of

14  aerospace facilities pursuant to this section for a limited

15  state guaranty of up to 30 years of loan guarantees or loan

16  loss reserves issued pursuant to law. The limited state loan

17  guaranty applies only to the primary lenders loans for

18  development of projects as defined in s. 331.303(16) in

19  spaceport territories where a federal agency, federal

20  contractor, or affiliated entity or contractor is the

21  leaseholder. A state guaranty of private loans or a loan loss

22  reserve may be authorized for lenders licensed to operate in

23  the state upon a determination by the authority that such an

24  arrangement would be in the public interest and the likelihood

25  of the success of the loan is great.

26         (2)  Approval of a proposed loan guarantee shall be by

27  an Aerospace Facility Financing Review Council, which shall

28  consist of the Secretary of Transportation or the secretary's

29  designee, the Executive Director of the State Board of

30  Administration or the executive director's designee, and the

31  director of the Governor's Office of Tourism, Trade, and

                                  18

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  1  Economic Development or the director's designee. The

  2  chairperson of the council shall be the director of the

  3  Governor's Office of Tourism, Trade, and Economic Development.

  4  Staff services for activities of the council shall be provided

  5  as needed by the member agencies.

  6         (3)  The Spaceport Florida Authority may enter into an

  7  investment agreement with the Department of Revenue or the

  8  State Board of Administration concerning the investment of the

  9  earnings accrued and collected upon the investment of the

10  balance of funds maintained in the Working Capital Fund. The

11  investment must be limited as follows:

12         (a)  Not more than $100 million of the investment

13  earnings earned on the investment of the minimum balance of

14  the Working Capital Fund in a fiscal year may be at risk at

15  any time on loan guarantees or as loan loss reserves.

16         (b)  The investment earnings may not be used to

17  guarantee any loan guaranty or loan loss reserve agreement for

18  a period longer than 30 years.

19         (4)  A lender seeking approval of a limited state

20  guaranty for a loan from the Aerospace Facility Financing

21  Review Council must first provide to the Spaceport Florida

22  Authority and the council a report demonstrating that the

23  lender has reviewed the project and determined its feasibility

24  in accordance with its standard procedures. The procedures

25  include, but are not limited to:

26         (a)  Obtaining a satisfactory credit report from a

27  source deemed reliable by the lender;

28         (b)  Investigating the background and experience of the

29  manager of the project and determining that the managing

30  entity appears to possess the experience, competence, and

31  capacity to manage the project;

                                  19

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  1         (c)  Determining that conditions exist to establish a

  2  financially sound development project that exposes the state

  3  loan guarantee program to a reasonable or negligible level of

  4  risk;

  5         (d)  Determining that the federal agency with

  6  jurisdiction over the area where the development project is

  7  located has committed in-kind resources, financial incentives,

  8  or financial resources to the total project cost; and

  9         (e)  Evaluating the prospects for continued funding of

10  the program or programs that will be the primary users of the

11  project.

12         (5)  A lender covered by a limited state guaranty for a

13  loan is not entitled to file a claim for loss pursuant to the

14  guaranty unless all reasonable and normal remedies available

15  to and customary for lending institutions for resolving

16  problems of loan repayments are exhausted. If the lender has

17  received collateral security in connection with the loan, the

18  lender must first exhaust all available remedies against the

19  collateral security.

20         (6)  The council may establish requirements for the

21  issuance of loan guarantees, including contractual provisions

22  to foster reimbursement, in the event of default, to the

23  guarantee fund.

24         (7)  The council may receive public and private funds,

25  federal grants, and private donations in carrying out its

26  responsibilities.

27         (8)  The authority shall include in the annual report

28  required under s. 331.310(13), a description of its activities

29  and agreements approved relating to development of spaceport

30  territory under this section. This section shall be reviewed

31  by the Legislature by October 1, 2004, and a determination

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  1  made related to the need to continue or modify this section.

  2  New loan guarantees may not be approved in 2004 until the

  3  review by the Legislature has been completed and a

  4  determination has been made as to the feasibility of

  5  continuing the use of the Working Capital Fund to guarantee

  6  portions of loans under this section.

  7         Section 11.  Part III of chapter 331, Florida Statutes,

  8  consisting of sections 331.401, 331.403, 331.405, 331.407,

  9  331.409, 331.411, 331.415, 331.417, 331.419, and 331.421, is

10  created to read:

11         331.401  Short title.--Sections 331.401-331.421 may be

12  cited as the "Florida Commercial Space Financing Corporation

13  Act."

14         331.403  Legislative findings and intent.--The

15  Legislature finds that the expansion of state and federal

16  support for the aerospace industry in Florida is critical to

17  the continued development of a viable commercial space

18  industry and the technical and scientific job base for its

19  citizens. This development of commercial opportunities in

20  Florida is slowed by the lack of traditional business

21  financing tools such as securitization for industrial

22  development. Florida's launch industry is also being

23  challenged by the provision of such industry assistance by

24  other countries. Florida's aerospace industry could be

25  assisted by a corporation established to work with the United

26  States Export-Import Bank, the Small Business Administration,

27  the National Aeronautics and Space Administration, and other

28  federal, state, and private sources to provide information,

29  technical assistance, and financial support. It is the

30  intention of the Legislature to retain and expand job

31  opportunities for Florida citizens through this mechanism.

                                  21

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  1         331.405  Definitions.--As used in this part:

  2         (1)  "Account" means the account established pursuant

  3  to s. 331.415.

  4         (2)  "Authority" means the Spaceport Florida Authority

  5  created by s. 331.302.

  6         (3)  "Board" means the governing body of the

  7  corporation.

  8         (4)  "Corporation" means the Florida Commercial Space

  9  Financing Corporation.

10         (5)  "Domiciled in this state" means registered to do

11  business in Florida.

12         (6)  "Financing agreement" has the same meaning as in

13  s. 331.303(10).

14         (7)  "Financial institution" has the same meaning as in

15  s. 655.005(1)(h).

16         (8)  "Member" means an individual appointed to be a

17  member of the board.

18         (9)  "President" means the chief executive officer of

19  the corporation.

20         331.407  Florida Commercial Space Financing

21  Corporation.--

22         (1)  The Florida Commercial Space Financing Corporation

23  is created as a corporation not for profit.  The corporation

24  shall have all the powers, rights, privileges, and authority

25  as provided under chapter 617 and this part.  The corporation

26  shall be organized on a nonstock basis. The purpose of the

27  corporation is to expand employment and income opportunities

28  for residents of this state by providing businesses domiciled

29  in this state with information, technical assistance, and

30  financial assistance to support space-related transactions, in

31  order to increase the development within the state of

                                  22

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  1  commercial aerospace products, activities, services, and

  2  facilities.

  3         (2)  The corporation shall have the power and authority

  4  to carry out the following functions:

  5         (a)  To coordinate its efforts with programs and goals

  6  of the United States Air Force, the National Aeronautics and

  7  Space Administration, the Export-Import Bank, the

  8  International Trade Administration of the United States

  9  Department of Commerce, the Foreign Credit Insurance

10  Association, Enterprise Florida, Inc., and its boards, and

11  other private and public programs and organizations, domestic

12  and foreign.

13         (b)  To establish a network of contacts among those

14  domestic and foreign public and private organizations which

15  provide information, technical assistance, and financial

16  support to the aerospace industry.

17         (c)  To assemble, publish, and disseminate information

18  on financing opportunities and techniques of financing

19  aerospace projects, programs, and activities; sources of

20  public and private aerospace financing assistance; and sources

21  of space-related financing.

22         (d)  To organize, host, and participate in seminars and

23  other forums designed to disseminate information and technical

24  assistance regarding space-related financing.

25         (e)  To insure, coinsure, lend, and guarantee loans,

26  and to originate for sale direct space-related loans, pursuant

27  to criteria, bylaws, policies, and procedures adopted by the

28  board.

29         (f)  To capitalize, underwrite, and secure funding for

30  aerospace infrastructure, satellites, launch vehicles, and any

31  service which supports aerospace launches.

                                  23

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  1         (g)  To construct, lease, or sell aerospace

  2  infrastructure, satellites, launch vehicles, and any other

  3  related activities and services.

  4         (h)  To acquire property, including real, personal,

  5  tangible, intangible, or mixed, under such conditions as the

  6  board may deem necessary or desirable, and sell or otherwise

  7  dispose of the same.

  8         (i)  To make and exercise any and all contracts or

  9  other instruments necessary or convenient to the exercise of

10  its powers, including financing agreements.

11         331.409  Powers and limitations.--

12         (1)  The corporation may charge fees to help defray the

13  operating expenses of its programs. The amount of fees shall

14  be determined by the board.

15         (2)  The total of loans, guarantees, direct loan

16  originations for sale, and insured transactions outstanding

17  shall not be more than five times the balance of the account.

18  The board may elect to require a higher reserve.

19         (3)  The board shall adopt rules with respect to the

20  terms and limits for loans, guarantees, and direct loan

21  originations, but a loan guarantee or a direct loan

22  origination shall not exceed 90 percent of the transaction

23  contract.

24         (4)  In providing assistance, the board shall create a

25  fiscal strategy for Florida which will guide and facilitate

26  the successful expansion of space-related jobs.

27         (5)  The board shall explore the possibility of

28  organizing financial institutions and international bank

29  syndicates for the purpose of offering nonrecourse financing

30  to the Florida aerospace industry.

31

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  1         (6)  The board may exercise all powers granted to

  2  not-for-profit corporations under chapter 617.

  3         (7)  The board shall manage all funds in its possession

  4  and invest in permissible securities.

  5         331.411  Board of directors; powers and duties.--

  6         (1)  There is created a board of directors of the

  7  corporation, which shall consist of up to 17 voting members as

  8  follows:

  9         (a)  One representative appointed by each of the

10  following:

11         1.  The board of supervisors of the Spaceport Florida

12  Authority.

13         2.  The board of directors of the Florida Export

14  Finance Corporation.

15         3.  The governing board of the Economic Development

16  Commission of Florida's Space Coast.

17         4.  The Secretary of Transportation.

18         5.  The Insurance Commissioner and Treasurer.

19         6.  The Florida office of the United States Department

20  of Commerce.

21         7.  The Florida office of the United States Department

22  of Transportation.

23         8.  The Comptroller.

24         (b)  The Governor shall appoint the following members:

25         1.  Up to three members representing national banks.

26         2.  A member representing a state bank.

27         3.  A member representing the investment banking

28  industry.

29         4.  A member representing the aerospace industry,

30  preferably a financial officer.

31         5.  An attorney at law in private practice.

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  1         6.  A member representing the public accounting

  2  industry.

  3         7.  A member representing the defense industry.

  4

  5  The board shall also include two ex officio nonvoting members,

  6  a member of the House of Representatives selected by the

  7  Speaker of the House of Representatives, and a member of the

  8  Senate selected by the President of the Senate, both of whom

  9  shall serve 2-year terms.

10         (2)  Each voting member shall serve a 3-year term,

11  beginning on July 1. Members appointed pursuant to paragraph

12  (1)(a) shall serve at the pleasure of the appointing

13  authority. Members appointed pursuant to paragraph (1)(b)

14  shall serve at the pleasure of the Governor. Initial

15  appointments shall be made no later than 60 days after the

16  effective date of this act.

17         (3)(a)  No person appointed pursuant to paragraph

18  (1)(a) may be employed full time by any entity that applies

19  for financial support.

20         (b)  The members of the board who are federal employees

21  shall not vote on any financial matter, but may vote on all

22  corporate policies and procedures.

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

24         (4)  The board shall hold its initial meeting no later

25  than 30 days after the members have been appointed.

26         (5)  At its first meeting, the board shall appoint a

27  president of the corporation from qualified candidates who

28  have been screened and interviewed by the Spaceport Florida

29  Authority.

30         (6)  Board members shall serve without compensation but

31  may be reimbursed for all necessary expenses in the

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  1  performance of their duties, including attending board

  2  meetings and conducting board business.

  3         (7)  The board shall:

  4         (a)  Prior to the expenditure of funds from the

  5  account, adopt bylaws, rules, and policies necessary to carry

  6  out its responsibilities under this part, particularly with

  7  respect to the implementation of the corporation's programs to

  8  insure, coinsure, lend, provide loan guarantees, and make

  9  direct, guaranteed, or collateralized loans to support

10  space-related transactions.

11         (b)  Hold regularly scheduled meetings, at least

12  quarterly, in order to carry out the objectives and

13  responsibilities of the board.

14         (c)  Adopt policies, including criteria, establishing

15  which space-related transactions shall be eligible for

16  insurance, coinsurance, loan guarantees, and direct,

17  guaranteed, or collateralized loans which may be extended by

18  the corporation.  To implement this paragraph, the board shall

19  adopt rules which include the following criteria:

20         1.  Any individual signing any corporation loan

21  application and loan or guarantee agreement must have an

22  equity interest in the business applying for financial

23  assistance.

24         2.  Applicants must be domiciled in this state and will

25  be contractually obligated to use Florida launch facilities to

26  the maximum extent possible.

27         (d)  Adopt requirements to ensure the full repayment of

28  loans and loan guarantees, plus accrued interest,

29  full-recourse claims, and indemnities on direct loan

30  originations sold by the corporation, and the solvency of any

31  insurance and coinsurance program extended under this part.

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  1         (e)  Approve any extension of insurance, coinsurance,

  2  loans, loan guarantees, or direct loan originations for sale

  3  under this part.

  4         (f)  Consult with Enterprise Florida, Inc., and its

  5  boards, or any state or federal agency, to ensure that their

  6  respective loan guarantee or working capital loan origination

  7  programs are not duplicative and that each program makes full

  8  use, to the extent practicable, of the resources of the other.

  9         (g)  Work to secure a delegated line of authority from

10  the United States Export-Import Bank or other appropriate

11  federal or state agency or private sector entity in order to

12  take advantage of possible funding or guarantee sources.

13         (h)  Develop a streamlined application and review

14  process.

15         331.415  Authority to create account.--

16         (1)  The board shall create an account for the purposes

17  of this part to receive state, federal, and private financial

18  resources, and the return from investments of those resources.

19  The account shall be under the exclusive control of the board.

20         (2)  Resources in the account shall be allocated for

21  operating expenses of the corporation and for other purposes

22  authorized by this part.

23         (3)(a)  Appropriations for the corporation shall be

24  deposited into the account.

25         (b)  The board may deposit the resources of the account

26  with state or federally chartered financial institutions in

27  this state and may invest the remaining portion in permissible

28  securities.

29         (c)  At all times, the board shall attempt to maximize

30  the returns on funds in the account.

31

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  1         (d)  All funds received from the activities of the

  2  corporation shall be redeposited in the account to be used to

  3  support the purposes of this part.

  4         (4)  Any claims against the account shall be paid

  5  solely from the account. Under no circumstances shall the

  6  credit of the state be pledged other than funds appropriated

  7  by law to the account, nor shall the state be liable or

  8  obligated in any way for claims on the account or against the

  9  corporation.

10         331.417  President.--

11         (1)  The board shall appoint a president. The president

12  shall be knowledgeable about the aerospace industry and its

13  financing programs.

14         (2)  The president shall serve at the pleasure of the

15  board and shall receive a salary and benefits as fixed by the

16  board.

17         (3)  The president shall administer the programs of the

18  corporation and perform such duties as are delegated by the

19  board.

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

21         (a)  Contract for services.

22         (b)  Hold public hearings.

23         (c)  Call upon and reimburse for services any state

24  agency or department for assistance in carrying out the

25  objectives of this part.

26         (d)  Participate with government or private industry in

27  programs for technical assistance, loans, technology transfer,

28  or any other programs related to this part.

29         (e)  Undertake or commission studies on methods to

30  increase financial resources to expand the financial

31  assistance to aerospace-related industries in this state.

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  1         (f)  Hire staff and provide training for them and other

  2  individuals involved in finance assistance, including such

  3  training sessions as may be provided by the United States

  4  Export-Import Bank and other organizations.

  5         (g)  Exercise any other powers as may be necessary to

  6  carry out the purposes of this part.

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

  8  requested.

  9         (6)  The president shall submit an annual budget to be

10  approved by the board.

11         331.419  Reports and audits.--

12         (1)  By December 31 of each year, the corporation shall

13  submit to the Governor, the President of the Senate, the

14  Speaker of the House of Representatives, the Senate Minority

15  Leader, and the House Minority Leader a complete and detailed

16  report setting forth:

17         (a)  An evaluation of its activities and

18  recommendations for change.

19         (b)  The corporation's impact on the participation of

20  private banks and other private organizations and individuals

21  in the corporation's financing programs, and other economic

22  and social benefits to businesses in this state.

23         (c)  Its assets and liabilities at the end of its most

24  recent fiscal year.

25         (2)  By September 1, 2000, the corporation, in

26  cooperation with the Office of Program Policy Analysis and

27  Government Accountability, shall develop a research design,

28  including goals and measurable objectives for the corporation,

29  which will provide the Legislature with a quantitative

30  evaluation of the corporation. The corporation shall utilize

31  the monitoring mechanisms and reports developed in the designs

                                  30

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  1  and provide these reports to the Governor, the President of

  2  the Senate, the Speaker of the House of Representatives, and

  3  the Office of Program Policy Analysis and Government

  4  Accountability.

  5         (3)  Prior to the 2001 Regular Session of the

  6  Legislature, the Office of Program Policy Analysis and

  7  Government Accountability shall perform a review and

  8  evaluation of the corporation using the research design

  9  promulgated pursuant to subsection (2). The report shall

10  critique the corporation. A report of the findings and

11  recommendations of the Auditor General shall be submitted to

12  the President of the Senate and the Speaker of the House of

13  Representatives prior to the 2001 Regular Session.

14         (4)  The Division of Banking of the Department of

15  Banking and Finance shall review the corporation's activities

16  once every 24 months to determine compliance with this part

17  and related laws and rules and to evaluate the corporation's

18  operations. The division shall prepare a report based on its

19  review and evaluation with recommendation for any corrective

20  action. The president shall submit to the division regular

21  reports on the corporation's activities. The content and

22  frequency of such reports shall be determined by the division.

23  The division may charge a fee for conducting the review and

24  evaluation and preparing the related report, which fee shall

25  not be in excess of the examination fee paid by chartered or

26  licensed financial institutions.

27         331.421  Pledge of revenues by authority.--The

28  Spaceport Florida Authority may pledge existing revenues on

29  deposit or future revenues projected to be available for

30  deposit in the segregated account provided for by s.

31  331.365(2) in order to guarantee, in whole or in part, the

                                  31

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  1  payment of principal and interest on a loan made by the

  2  corporation.

  3         Section 12.  Section 331.365, Florida Statutes, is

  4  created to read:

  5         331.365  Florida Space Industry and Research Facility

  6  Development Program.--

  7         (1)  There is created the Florida Space Industry and

  8  Research Facility Development Program within the Spaceport

  9  Florida Authority to finance space industry research,

10  manufacturing, and other industrial support facilities,

11  projects, and programs that will improve the statewide

12  development of space-related economic and academic

13  opportunities.

14         (2)  State taxes imposed pursuant to chapter 212 which

15  are collected at the Kennedy Space Center Visitor Complex

16  shall be distributed to the Spaceport Florida Authority as

17  provided by s. 212.20(6)(f) and shall be used to fund the

18  Florida Space Industry and Research Facility Development

19  Program. Such funds shall be distributed quarterly by the

20  Department of Revenue to the Spaceport Florida Authority. The

21  Spaceport Florida Authority shall place all of such funds in a

22  segregated account, and the account and its activity shall be

23  subject to an annual audit.

24         (3)  Program funds shall be used to fund approved

25  projects as defined by s. 331.303(16) that have been

26  recommended by the Spaceport Management Council created by s.

27  331.367 and approved by the Spaceport Florida Authority board

28  of supervisors. The Office of Tourism, Trade, and Economic

29  Development shall review and certify funding proposals for

30  consistency with this section.

31

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  1         (4)  Any project or project user which receives funding

  2  under this program shall institute procedures to ensure that

  3  jobs created as a result of the state funding shall be subject

  4  to equal opportunity hiring practices in the manner provided

  5  in s. 110.112.

  6         (5)  The Office of Tourism, Trade, and Economic

  7  Development shall subject any project that receives funds

  8  pursuant to this section to a final audit. The office may

  9  adopt rules and perform such other acts as are necessary to

10  ensure that the final audits are conducted and that any

11  deficiency or questioned costs noted by the audit are

12  resolved.

13         Section 13.  Present paragraph (f) of subsection (6) of

14  section 212.20, Florida Statutes, 1998 Supplement, is

15  redesignated as paragraph (g), and a new paragraph (f) is

16  added to that subsection, to read:

17         212.20  Funds collected, disposition; additional powers

18  of department; operational expense; refund of taxes

19  adjudicated unconstitutionally collected.--

20         (6)  Distribution of all proceeds under this chapter

21  shall be as follows:

22         (f)  Proceeds from the state taxes imposed pursuant to

23  this chapter which are collected at the Kennedy Space Center

24  Visitor Complex shall be distributed by the department to the

25  Spaceport Florida Authority for use as provided in s. 331.365.

26  However, the authority shall receive a minimum of $4 million

27  each fiscal year under this paragraph and, if in any fiscal

28  year such proceeds are less than $4 million, additional

29  proceeds under this chapter shall be distributed to the

30  authority to assure such minimum distribution.

31

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  1         Section 14.  Section 331.367, Florida Statutes, is

  2  created to read:

  3         331.367  Spaceport Management Council.--

  4         (1)  The Spaceport Management Council is created within

  5  the Spaceport Florida Authority to provide coordination and

  6  recommendations on projects and activities that will increase

  7  the operability and capabilities of Florida's space launch

  8  facilities, increase statewide space-related industry and

  9  opportunities, and promote space education and research within

10  the state. The council shall work to develop integrated

11  facility and programmatic development plans to address

12  commercial, state, and federal requirements and to identify

13  appropriate private, state, and federal resources to implement

14  these plans.

15         (2)  The council shall make recommendations regarding:

16         (a)  Projects to be funded under the Florida Space

17  Industry and Research Facility Development Program created by

18  s. 331.365.

19         (b)  The development of a spaceport master plan.

20         (c)  The projects and levels of commercial financing

21  required from the Florida Commercial Space Financing

22  Corporation created by s. 331.407.

23         (d)  Development and expansion of space-related

24  education and research programs within Florida, including

25  recommendations to be provided to the State University System,

26  the Division of Community Colleges, and the Department of

27  Education.

28         (e)  The regulation of spaceports and federal and state

29  policy.

30         (f)  Florida's approach to the Federal Government

31  regarding requests for funding of space development.

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  1         (3)(a)  The council shall consist of an executive

  2  board, which shall consist of representatives of governmental

  3  organizations with responsibilities for developing or

  4  operating space transportation facilities, and a Space

  5  Industry Committee, which shall consist of representatives of

  6  Florida's space industry.

  7         (b)  The following individuals shall serve on the

  8  executive board:

  9         1.  The executive director of the Spaceport Florida

10  Authority or his or her designee.

11         2.  The director of the John F. Kennedy Space Center or

12  his or her designee.

13         3.  The Commander of the United States Air Force 45th

14  Space Wing or his or her designee.

15         4.  The Commander of the Naval Ordnance Test Unit or

16  his or her designee.

17         5.  The Secretary of Transportation or his or her

18  designee.

19         6.  The president of Enterprise Florida, Inc., or his

20  or her designee, as an ex officio nonvoting member.

21         7.  The director of the Office of Tourism, Trade, and

22  Economic Development or his or her designee, as an ex officio

23  nonvoting member.

24         8.  The Secretary of Management Services or his or her

25  designee, as an ex officio nonvoting member.

26         9.  The chair of the State Board of Independent

27  Colleges and Universities or his or her designee, as an ex

28  officio nonvoting member.

29         10.  The executive director of the Division of

30  Community Colleges or his or her designee, as an ex officio

31  nonvoting member.

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  1         11.  The Chancellor of the State University System or

  2  his or her designee, as an ex officio nonvoting member.

  3         12.  The member of the Senate and the member of the

  4  House of Representatives appointed to the Spaceport Florida

  5  Authority board of supervisors pursuant to s. 331.308(1), as

  6  ex officio nonvoting members.

  7         (c)  The Space Industry Committee shall consist of 15

  8  members representing companies or divisions of companies

  9  predominantly involved in providing space-related goods and

10  services who are significant employers within Florida. A

11  public application process to solicit and review potential

12  nominees shall be instituted. The executive director of the

13  Spaceport Florida Authority shall nominate 15 members of the

14  committee from the list of qualified applicants, who shall

15  then be subject to confirmation by the authority's board of

16  supervisors.

17         (4)  Each member shall be appointed to serve for a

18  3-year term, beginning July 1. Initial appointments shall be

19  made no later than 60 days after the effective date of this

20  act.

21         (5)  The executive board shall hold its initial meeting

22  no later than 30 days after the members have been appointed.

23  The Space Industry Committee shall hold its initial meeting no

24  later than 60 days after the members have been appointed.

25         (6)  All council members must be residents of the

26  state.

27         (7)  The council shall adopt bylaws governing the

28  manner in which the business of the council shall be

29  conducted. The bylaws shall specify the procedure by which the

30  chairperson of the council is elected.

31

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  1         (8)  The council shall provide infrastructure and

  2  program requirements and develop other information to be

  3  utilized in a 5-year spaceport master plan. The council shall

  4  define goals and objectives concerning the development of

  5  spaceport facilities and an intermodal transportation system

  6  consistent with the goals of the Florida Transportation Plan

  7  developed pursuant to s. 339.155.

  8         (9)(a)  The council shall provide requirements and

  9  other information to be utilized in the development of a

10  5-year Spaceport Economic Development Plan, defining the goals

11  and objectives of the council concerning the development of

12  space manufacturing, research and development, and educational

13  facilities.

14         (b)  The council shall update the 5-year Spaceport

15  Economic Development Plan annually and shall submit the plan

16  no later than February 1 of each year to the President of the

17  Senate, the Speaker of the House of Representatives, the

18  Office of Tourism, Trade, and Economic Development, the

19  Department of Transportation, and the Department of Community

20  Affairs.

21         (10)  The council shall develop programs, based on an

22  examination of existing programs in Florida and other states,

23  for the training of minorities and secondary school students

24  in job skills associated with employment opportunities in the

25  aerospace industry, and report on progress and recommendations

26  for further action to the President of the Senate and the

27  Speaker of the House of Representatives annually, no later

28  than February 1, beginning in 2000.

29         (11)(a)  The council shall adopt procedures for

30  evaluating projects which may be funded under s. 331.365. The

31  rules shall provide criteria for evaluating the economic

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  1  benefit of the project, measured by the potential for the

  2  proposed project to increase manufacturing activity,

  3  international commerce, spaceport revenues, and the number of

  4  jobs.

  5         (b)  The council shall review and recommend projects

  6  eligible to be funded pursuant to the Florida Space Industry

  7  and Research Facility Development Program. The council shall

  8  annually submit to the Secretary of Transportation, the

  9  director of the Office of Tourism, Trade, and Economic

10  Development, and the Secretary of Community Affairs a list of

11  projects which have been approved by the council. The list

12  shall specify the recommended funding level for each project

13  and, if staged implementation of the project is appropriate,

14  the funding requirements for each stage shall be specified.

15         (c)  The Department of Community Affairs shall review

16  the list of projects approved by the council to determine

17  consistency with approved local government comprehensive plans

18  of the units of local government in which the project is

19  located. The Department of Community Affairs shall identify

20  and notify the council of those projects that are not

21  consistent with such comprehensive plans to the maximum extent

22  feasible.

23         (d)  The Office of Tourism, Trade, and Economic

24  Development shall review the list of projects approved by the

25  council to evaluate the economic benefit of the projects. The

26  office shall identify those projects that it determines do not

27  offer an economic benefit to the state, and shall notify the

28  council of its findings.

29         (e)  The council shall review the findings of the

30  Department of Community Affairs, the Office of Tourism, Trade,

31  and Economic Development, and the Department of

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  1  Transportation. Projects found to be inconsistent pursuant to

  2  paragraph (c) or inconsistent with the Florida Transportation

  3  Plan or projects which have been determined not to offer an

  4  economic benefit to the state pursuant to paragraph (d) shall

  5  not be included in the list of projects to be funded.

  6         (12)  The council shall meet at the call of its

  7  chairperson, at the request of a majority of its membership,

  8  or at such times as may be prescribed in its bylaws. However,

  9  the council must meet at least semiannually. A majority of

10  voting members of the council constitutes a quorum for the

11  purpose of transacting the business of the council. A vote of

12  the majority of the voting members present is sufficient for

13  any action of the council, unless the bylaws of the council

14  require a greater vote for a particular action.

15         (13)  Members of the council shall serve without

16  compensation but are entitled to receive reimbursement for per

17  diem and travel expenses as provided in s. 112.061. The

18  council may elect to establish an administrative staff to

19  provide services to the council on matters relating to the

20  Florida Space Industry and Research Facility Development

21  Program and the council's other activities. The Spaceport

22  Florida Authority shall pay the cost for such administrative

23  services.

24         Section 15.  (1)  There is created the Florida Space

25  Research Institute as a Type I Institute under the Board of

26  Regents at the University of Florida. The principal purposes

27  of the institute are to function as an academic center of

28  excellence for space-related research and development; to

29  educate and train individuals for employment in space-related

30  occupations and thereby address the workforce development

31  needs of the space industry and its support businesses; and to

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  1  facilitate linkages between the private-sector, government,

  2  and educational institutions that will help foster the

  3  development of the commercial space industry in this state.

  4         (2)  The institute shall be managed by the University

  5  of Florida and shall be operated, in part, on property at Cape

  6  Canaveral owned or leased by the Spaceport Florida Authority,

  7  or otherwise under the authority's control.

  8         (3)  Florida State University, the University of

  9  Central Florida, the Florida Institute of Technology, and the

10  University of Miami shall serve as partners in the institute.

11  The institute may establish regional centers at such

12  institutions.

13         (4)  The institute shall function as a public-private

14  partnership, and, to that end, shall ensure the active

15  participation of private-sector businesses in the planning,

16  operation, and financial support of the institute.

17         (5)  By December 1 of each year, the institute shall

18  submit a report on its activities and accomplishments for the

19  prior fiscal year to the Governor, the President of the

20  Senate, and the Speaker of the House of Representatives.  As

21  part of this report, the institute shall make findings and

22  recommendations regarding actions the state could take to

23  enhance the effectiveness of the institute, to facilitate

24  space-related research and development, and to further the

25  development of space-related business in the state.

26         Section 16.  The sum of $5 million is appropriated from

27  the General Revenue Fund to the Florida Commercial Space

28  Financing Corporation Trust Fund for the purpose of

29  implementing sections 331.401-331.421, Florida Statutes,

30  during the 1999-2000 fiscal year. The sum of $500,000 is

31  appropriated from the General Revenue Fund to the Florida

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  1  Commercial Space Financing Corporation for corporate

  2  operations for the 1999-2000 fiscal year.

  3         Section 17.  This act shall take effect July 1, 1999.

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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 2540

  3

  4  The committee substitute (CS) differs substantially and
    principally from Senate Bill 2540 in that it:
  5
          Creates Part III of ch. 331, F.S., consisting of ss.
  6        331.401, 331.403, 331.405, 331.407, 331.409, 331.411,
          331.415, 331.417, 331.419, and 331.421, F.S., to be
  7        cited as the "Florida Commercial Space Financing
          Corporation Act."
  8
          Creates an account for the Florida Commercial Space
  9        Financing Corporation within a qualified depository,
          with the account under the responsibility of the
10        governing board of the corporation.

11        Creates the Florida Space Research Institute as a Type I
          institute under the Board of Regents at the University
12        of Florida. The institute will function as an academic
          center for space-related research and development.
13        Florida State University, the University of Central
          Florida, the Florida Institute of Technology, and the
14        University of Miami shall serve as partners in the
          institute, and the institute may establish regional
15        centers at such institutions.

16        In addition, the CS eliminates multiple provisions
          contained in the original bill, including provisions
17        that:

18        Assign Spaceport Florida Authority (SFA) a role in
          assisting with preparation of an annual business climate
19        report and providing recommendations to the Office of
          Tourism, Trade, and Economic Development in connection
20        with general economic development grants.

21        Expand an existing property tax exemption for goods
          carried aboard the space shuttle (Spacehab Modules), to
22        include other space transportation systems.

23        Expand sales tax definitions to allow exemptions for
          space operations and property used or consumed by a
24        government contractor.

25        Redirect sales tax from the Kennedy Space Center (KSC)
          bus tours to NASA's Florida Space Grant Consortium, for
26        the purpose of funding university research grants.

27        Exempt from taxes, the sale to, or use by, a government
          contractor of certain tangible personal property
28        (overhead materials) used or consumed in the performance
          of a government contract.
29
          Provide Spaceport Florida Authority (SFA) a role in
30        making economic development transportation project (road
          fund) recommendations to OTTED.
31
          Designate commercial space-related development as a
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  1        high-impact sector for purposes of the high impact
          business grant program.
  2
          Add the chairperson of the Board of Supervisors of the
  3        Spaceport Florida Authority as a member of the board of
          directors of Enterprise Florida, Inc.
  4
          Add promotion of commercial space opportunities to the
  5        list of required topics in the annual economic
          development strategic plan prepared by Enterprise
  6        Florida, Inc.

  7        Add the chairperson of the Board of Supervisors of the
          Spaceport Florida Authority as a member of the board of
  8        directors of the International Trade and Economic
          Development Board.
  9
          Add space transportation to the transportation element
10        of military base reuse plans and that add the Spaceport
          Florida Authority to a list of agencies that review
11        proposed military base reuse plans.

12        Include Spaceport Florida Authority as a state agency
          with responsibilities to support and assist the military
13        base closure and reuse process.

14        Include Spaceport Florida Authority as a state agency
          allowed to apply for surplus military facilities and
15        equipment in the event of a military base disposition.

16        Allow Spaceport Florida Authority to apply for military
          base retention grants for activities within spaceport
17        territory.

18        Appropriate $5 million from the General Revenue Fund to
          the Spaceport Florida Authority for funding the Florida
19        Space Industry and Research Facility Development
          Program.
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