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