House Bill 0815

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    Florida House of Representatives - 1999                 HB 815

        By Representative Futch






  1                      A bill to be entitled

  2         An act relating to the Florida Space

  3         Transportation Planning Act; providing a short

  4         title; amending s. 330.30, F.S.; exempting

  5         certain spaceports from a provision of law

  6         relating to the approval of airport sites and

  7         the licensing of airports; amending s. 331.303,

  8         F.S.; revising definitions with respect to the

  9         Spaceport Florida Authority Act; amending s.

10         331.304, F.S.; revising the boundaries of

11         spaceport territory; amending s. 331.305, F.S.;

12         revising language with respect to the powers of

13         the Spaceport Florida Authority; amending s.

14         331.308, F.S.; deleting obsolete language with

15         respect to the board of supervisors; amending

16         s. 331.229, F.S.; revising language with

17         respect to changing boundary lines for

18         spaceports; amending s. 331.331, F.S.; removing

19         a limitation on the issuance of certain revenue

20         bonds; amending s. 331.360, F.S.; providing for

21         the development of a spaceport master plan;

22         directing the Department of Transportation to

23         promote and develop aerospace transportation

24         facilities; amending s. 332.004, F.S.;

25         providing definitions; amending s. 332.006,

26         F.S.; providing for the duties and

27         responsibilities of the Department of

28         Transportation with respect to aerospace

29         development; amending s. 332.007, F.S.;

30         providing for the administration and financing

31         of aerospace programs and projects; amending s.

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  1         334.03, F.S.; redefining the term

  2         "transportation facility"; amending s. 339.155,

  3         F.S.; revising a provision of law governing

  4         transportation planning to include reference to

  5         spaceport master plans; amending s. 339.175,

  6         F.S.; including reference to spaceports and

  7         aerospace development with respect to

  8         metropolitan planning organizations; amending

  9         ss. 196.012 and 334.27, F.S.; correcting cross

10         references to conform to the act; providing an

11         effective date.

12

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

14

15         Section 1.  Short title--This act may be cited as the

16  "Florida Space Transportation Planning Act."

17         Section 2.  Paragraph (g) is added to subsection (3) of

18  section 330.30, Florida Statutes, 1998 Supplement, to read:

19         330.30  Approval of airport sites and licensing of

20  airports; fees.--

21         (3)  EXEMPTIONS.--The provisions of this section do not

22  apply to:

23         (g)  A spaceport as defined in s. 331.303(19) that has

24  been licensed by the Federal Aviation Administration.

25         Section 3.  Subsection (16) of section 331.303, Florida

26  Statutes, is amended to read:

27         331.303  Definitions.--

28         (16)  "Project" means any development, improvement,

29  property, launch, utility, facility, system, works, road,

30  sidewalk, enterprise, service, or convenience, which may

31  include coordination with Enterprise Florida, Inc. the Florida

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  1  High Technology and Industry Council, the Board of Regents,

  2  the Florida Space Institute, and the Florida Space Grant

  3  Consortium Space Research Foundation; any rocket, capsule,

  4  module, launch facility, assembly facility, operations or

  5  control facility, tracking facility, administrative facility,

  6  or any other type of space-related transportation vehicle,

  7  station, or facility; any type of equipment or instrument to

  8  be used or useful in connection with any of the foregoing; any

  9  type of intellectual property and intellectual property

10  protection in connection with any of the foregoing including,

11  without limitation, any patent, copyright, trademark, and

12  service mark for, among other things, computer software; any

13  water, wastewater, gas, or electric utility system, plant, or

14  distribution or collection system; any small business

15  incubator initiative, including any startup aerospace company,

16  research and development company, research and development

17  facility, storage facility, and consulting service; or any

18  tourism initiative, including any space experience attraction,

19  space-launch-related activity, and space museum sponsored or

20  promoted by the authority.

21         Section 4.  Section 331.304, Florida Statutes, is

22  amended to read:

23         331.304  Spaceport territory.--The following property

24  shall constitute spaceport territory:

25         (1)  Certain real property located in Brevard County

26  that is included within the 1998 boundaries of Patrick Air

27  Force Base, Cape Canaveral Air Station, John F. Kennedy Space

28  Center with the following boundaries:

29         (a)  Northern boundary--Latitude 28°32'30" North.

30         (b)  Eastern boundary--The mean high water line of the

31  shore along the Atlantic Ocean.

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  1         (c)  Western boundary--Cape Road (State Road 401).

  2         (d)  Southern boundary--Latitude 28°26' North.

  3         (2)  Certain real property located in Gulf County with

  4  the following boundaries:

  5         (a)  Northern boundary--Latitude 29°40'45" North from

  6  longitude 85°20' West in a westerly direction to the mean high

  7  water line of the Gulf of Mexico.

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

  9         (c)  Western boundary--The mean high water line of the

10  shore along the Gulf of Mexico.

11         (d)  Southern boundary--The mean high water line of the

12  shore along the Gulf of Mexico.

13         (3)  Certain real property located in Santa Rosa,

14  Okaloosa, and Walton Counties that is included within the 1997

15  boundaries of Eglin Air Force Base.

16         (4)  Certain real property within Dade County that is

17  included within the 1997 boundaries of the Homestead Air

18  Reserve Base.

19         Section 5.  Subsections (1), (4), (12), (21), and (24)

20  of section 331.305, Florida Statutes, are amended to read:

21         331.305  Powers of the authority.--The authority shall

22  have the power to:

23         (1)  Exercise all powers granted to corporations under

24  the Florida Business General Corporation Act, chapter 607.

25         (4)  Review and make recommendations with respect to a

26  strategy to guide and facilitate the future of space-related

27  educational and commercial development.  The authority shall

28  in coordination with the Federal Government, private industry,

29  and Florida universities develop a business plan which shall

30  address the expansion of Spaceport Florida locations, space

31  launch capacity, spaceport projects, and complementary

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  1  activities, which shall include, but not be limited to, a

  2  detailed analysis of:

  3         (a)  The authority and the commercial space industry.

  4         (b)  Products, services description--potential,

  5  technologies, skills.

  6         (c)  Market research and evaluation--customers,

  7  competition, economics.

  8         (d)  Marketing plan and strategy.

  9         (e)  Design and development plan--tasks, difficulties,

10  costs.

11         (f)  Manufacturing locations, facilities, and

12  operations plan.

13         (g)  Management organization--roles and

14  responsibilities.

15         (h)  Overall schedule (monthly).

16         (i)  Important risks, assumptions, and problems.

17         (j)  Community impact--economic, human development,

18  community development.

19         (k)  Financial plan (monthly for first year; quarterly

20  for next 3 years).

21         (l)  Proposed authority offering--financing,

22  capitalization, use of funds.

23

24  A final report containing the recommendations and business

25  plan of the authority shall be completed and submitted prior

26  to the 1990 Regular Session of the Legislature, along with any

27  proposed statutory changes and related legislative budget

28  requests required to implement the business plan, to the

29  Governor, the President of the Senate, the Speaker of the

30  House of Representatives, the minority leader of the Senate,

31  and the minority leader of the House of Representatives.

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  1         (12)  Own, acquire, construct, reconstruct, equip,

  2  operate, maintain, extend, and improve electric power plants,

  3  transmission lines and related facilities, gas mains and

  4  facilities of any nature for the production or distribution of

  5  natural gas, transmission lines and related facilities and

  6  plants and facilities for the generation and transmission of

  7  power through traditional and new and experimental sources of

  8  power and energy; purchase electric power, natural gas, and

  9  other sources of power for distribution within any spaceport

10  territory; develop and operate water and sewer systems and

11  waste collection and disposal consistent with chapter 88-130,

12  Laws of Florida; and develop and operate such new and

13  experimental public utilities, including, but not limited to,

14  centrally distributed heating and air-conditioning facilities

15  and services, closed-circuit television systems, and computer

16  services and facilities, as the board may from time to time

17  determine.  However, the authority shall not construct any

18  system, work, project, or utility authorized to be constructed

19  under this paragraph in the event that a system, work,

20  project, or utility of a similar character is being actually

21  operated by a municipality or private company in the

22  municipality or territory adjacent thereto, unless such

23  municipality or private company consents to such construction.

24         (21)  Issue revenue bonds, assessment bonds, or any

25  other bonds or obligations authorized by the provisions of

26  this act or any other law, or any combination of the

27  foregoing, and pay all or part of the cost of the acquisition,

28  construction, reconstruction, extension, repair, improvement,

29  or maintenance of any project or combination of projects,

30  including payloads and space flight hardware, and equipment

31  for research, development, and educational activities, to

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  1  provide for any facility, service, or other activity of the

  2  authority, and provide for the retirement or refunding of any

  3  bonds or obligations of the authority, or for any combination

  4  of the foregoing purposes. Until December 31, 1994, bonds,

  5  other than conduit bonds, issued under the authority contained

  6  in this act shall not exceed a total of $500 million and must

  7  first be approved by a majority of the members of the Governor

  8  and Cabinet.  The authority must provide 14 days' notice to

  9  the presiding officers and appropriations chairs of both

10  houses of the Legislature prior to presenting a bond proposal

11  to the Governor and Cabinet.  If either presiding officer or

12  appropriations chair objects to the bonding proposal within

13  the 14-day-notice period, the bond issuance may be approved

14  only by a vote of two-thirds of the members of the Governor

15  and Cabinet.

16         (24)  Exercise the right and power of eminent domain in

17  spaceport territory as defined in s. 331.304.  In exercising

18  such power, the authority shall comply with the procedures and

19  requirements of chapters 73 and 74.

20         Section 6.  Subsection (2) of section 331.308, Florida

21  Statutes, is amended to read:

22         331.308  Board of supervisors.--

23         (2)  Initially, the Governor shall appoint four regular

24  members for terms of 3 years or until successors are appointed

25  and qualified and three regular members for terms of 4 years

26  or until successors are appointed and qualified.  Thereafter,

27  each such member shall serve a term of 4 years or until a

28  successor is appointed and qualified.  The term of each such

29  member shall be construed to commence on the date of

30  appointment and to terminate on June 30 of the year of the end

31  of the term.  The terms for such members initially appointed

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  1  shall be construed to include the time between initial

  2  appointment and June 30, 1992, for those appointed for 3-year

  3  terms, and June 30, 1993, for those appointed for 4-year

  4  terms.  No such member shall be allowed to serve an initial

  5  3-year term or fill any vacancy for the remainder of a term

  6  for less than 4 years.  Appointment to the board shall not

  7  preclude any such member from holding any other private or

  8  public position.

  9         Section 7.  Subsections (3) and (4) of section 331.329,

10  Florida Statutes, are amended to read:

11         331.329  Changing boundary lines; annexation and

12  exclusion of lands; creation of municipalities within the

13  geographical limits of any spaceport territory; limitations on

14  the furnishing of services within annexed areas.--

15         (3)  In the event that the geographical limits of any

16  spaceport territory as set forth in s. 331.304 are revised so

17  as to include within any spaceport territory any areas not

18  presently contained within any spaceport territory, the

19  authority shall not engage in the business of furnishing

20  electric power for sale in such annexed area, unless the

21  authority shall offer to purchase from any person who is at

22  the time engaged in the business of making, generating, or

23  distributing electricity for sale within such annexed area,

24  such portion of its electric plant and property suitable and

25  used for such business in connection therewith as lies within

26  the limits of such annexed area, in a manner consistent with

27  law.

28         (3)(4)  The authority shall designate new launch pads

29  outside the present designated spaceport territories by

30  statutory amendment of s. 331.304.

31

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  1         Section 8.  Subsection (1) of section 331.331, Florida

  2  Statutes, is amended to read:

  3         331.331  Revenue bonds.--

  4         (1)  Revenue bonds issued by the authority shall not be

  5  deemed revenue bonds issued by the state or its agencies for

  6  purposes of s. 11, Art. VII of the State Constitution and ss.

  7  215.57-215.83.  However, until December 31, 1994, the power of

  8  the authority to issue revenue bonds shall be limited as

  9  provided in s. 331.305.  The authority shall include in its

10  annual report to the Governor and Legislature, as provided in

11  s. 331.310, a summary of the status of existing and proposed

12  bonding projects.

13         Section 9.  Section 331.360, Florida Statutes, is

14  amended to read:

15         331.360  Joint project agreement or assistance.--

16         (1)  Notwithstanding any other provision of law, the

17  Department of Transportation may enter into a joint project

18  agreement with, or otherwise assist, the Spaceport Florida

19  Authority as necessary to effectuate the provisions of this

20  chapter and may allocate funds for such purposes in its 5-year

21  work program.  However, the department may not fund the

22  administrative or operational costs of the authority.

23         (2)  The authority shall develop a spaceport master

24  plan for expansion and modernization of space transportation

25  facilities within spaceport territories as defined in s.

26  331.303(22). The plan shall contain recommended projects to

27  meet current and future commercial, national, and state space

28  transportation requirements, and identify appropriate funding

29  levels and sources. The authority shall submit the plan to any

30  appropriate M.P.O. for review of intermodal impacts. The

31  authority shall submit the spaceport master plan to the

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  1  Department of Transportation for inclusion within the

  2  department's 5-year work program of qualifying aerospace

  3  discretionary capacity improvement under ss. 332.001-332.007.

  4         Section 10.  Section 332.001, Florida Statutes, is

  5  amended to read:

  6         332.001  Aviation and aerospace; powers and duties of

  7  the Department of Transportation.--

  8         (1)  It shall be the duty, function, and responsibility

  9  of the Department of Transportation to plan airport systems in

10  this state.  In carrying out this duty and responsibility, the

11  department may assist and advise, cooperate, and coordinate

12  with the federal, state, local, or private organizations and

13  individuals in planning such systems of airports.

14         (2)  It shall be the duty, function, and responsibility

15  of the Department of Transportation to promote the further

16  development and improvement of air routes, airport facilities,

17  and landing fields and protect their approaches and to

18  stimulate the development of aviation commerce and air

19  facilities. In carrying out this duty and responsibility, the

20  department may advise and cooperate with municipalities,

21  counties, regional authorities, state agencies, appropriate

22  federal agencies, and interested private individuals and

23  groups.

24         (3)  It shall be the duty, function, and responsibility

25  of the Department of Transportation to promote the further

26  development and improvement of aerospace transportation

27  facilities, to address intermodal requirements and impacts of

28  the launch ranges, spaceports, and other aerospace

29  transportation facilities, to assist in the development of

30  joint-use facilities and technology that support aviation and

31  aerospace operations, and to promote cooperative efforts

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  1  between federal and state government entities to improve space

  2  transportation capacity and efficiency. In carrying out this

  3  duty and responsibility, the department may assist and advise,

  4  cooperate, and coordinate with federal, state, local, or

  5  private organizations and individuals.

  6         Section 11.  Section 332.004, Florida Statutes, is

  7  amended to read:

  8         332.004  Definitions of terms used in ss.

  9  332.003-332.007.--As used in ss. 332.003-332.007, the term:

10         (1)  "Aerospace" means the science and art of space

11  flight and includes, but is not limited to, transportation to

12  and from orbital and suborbital locations by expendable launch

13  vehicles, sounding rockets, the space transportation system,

14  and other reusable launch vehicles; the operation,

15  construction, repair, or maintenance of spacecraft, spacecraft

16  engines, and accessories; the design, establishment,

17  construction, extension, operation, improvement, repair, or

18  maintenance of spaceports or other space tracking facilities;

19  and instruction in space flight or ground subjects pertaining

20  thereto.

21         (2)  "Aerospace discretionary capacity improvement

22  projects" means capacity improvements which enhance space

23  transportation capacity at spaceports which have had one or

24  more orbital or suborbital flights during the previous

25  calendar year or have an agreement in writing for installation

26  of one or more regularly scheduled orbital or suborbital

27  flights upon the commitment of funds for stipulated spaceport

28  capital improvements.

29         (3)  "Aircraft" means any motor vehicle or contrivance

30  now known, or hereafter invented, which is used or designed

31  for navigation of or flight in the air, except a parachute or

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  1  other contrivance designed for such navigation but used

  2  primarily as safety equipment.

  3         (4)(1)  "Airport" means any area of land or water, or

  4  any manmade object or facility located therein, which is used,

  5  or intended for public use, for the landing and takeoff of

  6  aircraft, and any appurtenant areas which are used, or

  7  intended for public use, for airport buildings or other

  8  airport facilities or rights-of-way.

  9         (5)(2)  "Airport hazard" means any structure or object

10  of natural growth located on or in the vicinity of a

11  public-use airport, or any use of land near such airport,

12  which obstructs or causes an obstruction to the airspace

13  required for the flight of aircraft in landing or taking off

14  at such airport or is otherwise hazardous to landing or taking

15  off at such airport.

16         (6)(3)  "Airport master planning" means the

17  development, for planning purposes, of information and

18  guidance to determine the extent, type, and nature of

19  development needed at a specific airport.

20         (7)(4)  "Airport or aviation development project" or

21  "development project" means any activity associated with the

22  design, construction, purchase, improvement, or repair of a

23  public-use airport or portion thereof, including, but not

24  limited to: the purchase of equipment; the acquisition of

25  land, including land required as a condition of a federal,

26  state, or local permit or agreement for environmental

27  mitigation; the removal, lowering, relocation, marking, and

28  lighting of airport hazards; the installation of navigation

29  aids used by aircraft in landing at or taking off from a

30  public airport; the installation of safety equipment required

31  by rule or regulation for certification of the airport under

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  1  s. 612 of the Federal Aviation Act of 1958, and amendments

  2  thereto; and the improvement of access to the airport by road

  3  or rail system which is on airport property and which is

  4  consistent, to the maximum extent feasible, with the approved

  5  local government comprehensive plan of the units of local

  6  government in which the airport is located.

  7         (8)(5)  "Airport or aviation discretionary capacity

  8  improvement projects" or "discretionary capacity improvement

  9  projects" means capacity improvements which are consistent, to

10  the maximum extent feasible, with the approved local

11  government comprehensive plans of the units of local

12  government in which the airport is located, and which enhance

13  intercontinental capacity at airports which:

14         (a)  Are international airports with United States

15  Customs Service;

16         (b)  Had one or more regularly scheduled

17  intercontinental flights during the previous calendar year or

18  have an agreement in writing for installation of one or more

19  regularly scheduled intercontinental flights upon the

20  commitment of funds for stipulated airport capital

21  improvements; and

22         (c)  Have available or planned public ground

23  transportation between the airport and other major

24  transportation facilities.

25         (9)  "Aviation" means the science and art of flight and

26  includes, but is not limtied to, transportation by aircraft;

27  the operation, construction, repair, or maintenance of

28  aircraft, aircraft power plants, and accessories, including

29  the repair, packing, and maintenance of parachutes; the

30  design, establishment, construction, extension, operation,

31  improvement, repair, or maintenance of airports or other air

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  1  navigation facilities; and instruction in flying or ground

  2  subjects pertaining thereto.

  3         (10)(6)  "Aviation and aerospace system planning" means

  4  the development of comprehensive aviation and aerospace plans

  5  designed to achieve and facilitate the establishment of a

  6  statewide, integrated aviation aerospace system in order to

  7  meet the current and future aviation and aerospace needs of

  8  this state.

  9         (11)(7)  "Eligible agency" means a political

10  subdivision of the state or an authority which owns or seeks

11  to develop a public-use airport.

12         (12)(8)  "Federal aid" means funds made available from

13  the Federal Government for the accomplishment of airport or

14  aviation development projects.

15         (13)(9)  "Florida airport system" means all existing

16  public-use airports that are owned and operated within the

17  state and those public-use airports which will be developed

18  and made operational in the future.

19         (14)(10)  "Landing area" means that area used or

20  intended to be used for the landing, takeoff, or surface

21  maneuvering of an aircraft.

22         (15)(11)  "Planning agency" means any agency authorized

23  by the laws of the state or by a political subdivision to

24  engage in area planning for the areas in which assistance

25  under this act is contemplated.

26         (16)(12)  "Project" means a project for the

27  accomplishment of airport or aviation development or airport

28  master planning.

29         (17)(13)  "Project cost" means any cost involved in

30  accomplishing a project.

31

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  1         (18)(14)  "Public-use airport" means any publicly owned

  2  airport which is used or to be used for public purposes.

  3         (19)  "Spaceport" shall have the same meaning as

  4  defined in s. 331.303(19).

  5         (20)(15)  "Sponsor" means any eligible agency which,

  6  either individually or jointly with one or more eligible

  7  agencies, submits to the department an application for

  8  financial assistance for an airport development project in

  9  accordance with this act, or the Spaceport Florida Authority

10  for the submission of a spaceport development project.

11         Section 12.  Section 332.006, Florida Statutes, is

12  amended to read:

13         332.006  Duties and responsibilities of the Department

14  of Transportation.--The Department of Transportation shall,

15  within the resources provided pursuant to chapter 216:

16         (1)  Provide coordination and assistance for the

17  development of a viable aviation and aerospace system in this

18  state. To support the system, a statewide aviation and

19  aerospace system plan shall be developed and periodically

20  updated which summarizes 5-year, 10-year, and 20-year airport,

21  and aviation, and aerospace needs within the state.  The

22  statewide aviation and aerospace system plan shall be

23  consistent with the goals of the Florida Transportation Plan

24  developed pursuant to s. 339.155. The statewide aviation and

25  aerospace system plan shall not preempt local airport master

26  plans adopted in compliance with federal and state

27  requirements or spaceport master plans adopted by the

28  Spaceport Florida Authority.

29         (2)  Advise and assist the Governor in all aviation and

30  aerospace matters.

31

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  1         (3)(a)  Upon request, assist airport sponsors, both

  2  financially and technically, in airport master planning.

  3         (b)  Upon request, assist the Spaceport Florida

  4  Authority, both financially and technically in spaceport

  5  planning.

  6         (4)  Upon request, provide financial and technical

  7  assistance to public agencies which operate public-use

  8  airports or spaceports by making department personnel and

  9  department-owned facilities and equipment available on a

10  cost-reimbursement basis to such agencies for special needs of

11  limited duration.  The requirement relating to reimbursement

12  of personnel costs may be waived by the department in those

13  cases in which the assistance provided by its personnel was of

14  a limited nature or duration.

15         (5)  Participate in research and development programs

16  relating to airports and aerospace.

17         (6)  Administer department participation in the program

18  of aviation, aerospace, and airport grants as provided for in

19  ss. 332.003-332.007.

20         (7)  Develop, promote, and distribute supporting

21  information and educational services.

22         (8)  Encourage the maximum allocation of federal funds

23  to local airport and spaceport projects in this state.

24         (9)  Support the development of land located within the

25  boundaries of airports and spaceports for the purpose of

26  industrial or other uses compatible with airport and spaceport

27  operations with the objective of assisting airports and

28  spaceports in this state to become fiscally self-supporting.

29  Such assistance may include providing state moneys on a

30  matching basis to airport sponsors and the Spaceport Florida

31  Authority for capital improvements, including, but not limited

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  1  to, fixed-base operation facilities, parking areas, industrial

  2  park utility systems, and road and rail transportation systems

  3  which are on airport property.

  4         Section 13.  Section 332.007, Florida Statutes, is

  5  amended to read:

  6         332.007  Administration and financing of aviation, and

  7  airport, and aerospace programs and projects; state plan.--

  8         (1)  Federal funding of individual local airport

  9  projects shall continue to be wholly between the local airport

10  sponsors and the appropriate federal agencies; however, the

11  Department of Transportation is authorized to receive federal

12  grants for statewide projects when no local sponsor is

13  available.

14         (2)(a)  The Department of Transportation shall prepare

15  and continuously update an aviation, and airport, and

16  aerospace work program in accordance with subsections (6), and

17  (7), and (8) based on a collection of the local sponsors'

18  proposed projects to be included in the work program of the

19  department developed pursuant to s. 339.135. The airport work

20  program shall separately identify development projects and

21  discretionary capacity improvement projects.

22         (b)  The aviation and airport work program shall be

23  consistent with the statewide aviation and aerospace system

24  plan and, to the maximum extent feasible, consistent with

25  approved local government comprehensive plans.  Projects

26  involving funds administered by the department to be

27  undertaken and implemented by the airport sponsor shall be

28  included in the aviation and airport work program.

29         (3)  Assistance pursuant to the provisions of this

30  section shall only be provided for projects which are included

31

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  1  in the department's adopted work program developed pursuant to

  2  s. 339.135.

  3         (4)(a)  The annual legislative budget request for

  4  aviation and airport development projects shall be based on

  5  the funding required for development projects in the aviation,

  6  and airport, and aerospace work program.  The department shall

  7  provide priority funding in support of the planning, design,

  8  and construction of proposed projects by local sponsors, with

  9  special emphasis on projects for runways and taxiways,

10  including the painting and marking of runways and taxiways,

11  lighting, other related airside activities, and airport access

12  transportation facility projects on airport property.

13         (b)  Projects which provide for construction of an

14  automatic weather observation station are eligible for the use

15  of funds provided for herein.

16         (c)  No single airport shall secure airport or aviation

17  development project funds in excess of 25 percent of the total

18  airport or aviation development project funds available in any

19  given budget year.  However, any airport which receives

20  discretionary capacity improvement project funds in a given

21  fiscal year shall not receive greater than 10 percent of total

22  aviation and airport development project funds appropriated in

23  that fiscal year.

24         (d)  Unless prohibited by the appropriations act or

25  general legislation, the department may transfer funds for an

26  airport and aviation development project to other airport and

27  aviation development projects to maximize the aviation

28  services or federal aid available to this state.

29         (5)  Only those projects or programs provided for in

30  this act that will contribute to the implementation of the

31  state aviation and aerospace system plan, that are consistent

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  1  with and will contribute to the implementation of any airport

  2  or spaceport master plan or layout plan, and that are

  3  consistent, to the maximum extent feasible, with the approved

  4  local government comprehensive plans of the units of

  5  government in which the airport or spaceport is located are

  6  eligible for the expenditure of state funds in accordance with

  7  fund participation rates and priorities established herein.

  8         (6)  Subject to the availability of appropriated funds,

  9  the department may participate in the capital cost of eligible

10  public airport and aviation development projects in accordance

11  with the following rates, unless otherwise provided in the

12  General Appropriations Act or the substantive bill

13  implementing the General Appropriations Act:

14         (a)  The department may fund up to 50 percent of the

15  portion of eligible project costs which are not funded by the

16  Federal Government, except that the department may initially

17  fund up to 75 percent of the cost of land acquisition for a

18  new airport or for the expansion of an existing airport which

19  is owned and operated by a municipality, a county, or an

20  authority, and shall be reimbursed to the normal statutory

21  project share when federal funds become available or within 10

22  years after the date of acquisition, whichever is earlier.

23  Due to federal budgeting constraints, the department may also

24  initially fund the federal portion of eligible project costs

25  subject to:

26         1.  The department receiving adequate assurance from

27  the Federal Government or local sponsor that this amount will

28  be reimbursed to the department; and

29         2.  The department having adequate funds in the work

30  program to fund the project.

31

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  1  Such projects must be contained in the Federal Government's

  2  Airport Capital Improvement Program, and the Federal

  3  Government must fund, or have funded, the first year of the

  4  project.

  5         (b)  The department may retroactively reimburse cities,

  6  counties, or airport authorities up to 50 percent of the

  7  nonfederal share for land acquisition when such land is needed

  8  for airport safety, expansion, tall structure control, clear

  9  zone protection, or noise impact reduction. No land purchased

10  prior to July 1, 1990, or purchased prior to executing the

11  required department agreements shall be eligible for

12  reimbursement.

13         (c)  When federal funds are not available, the

14  department may fund up to 80 percent of master planning and

15  eligible aviation development projects at publicly owned,

16  publicly operated airports. Such funding is limited to

17  airports that have no scheduled commercial service.

18         (d)  The department is authorized to fund up to 100

19  percent of the cost of an eligible project that is statewide

20  in scope or that involves more than one county where no other

21  governmental entity or appropriate jurisdiction exists.

22         (7)  Subject to the availability of appropriated funds

23  in addition to aviation fuel tax revenues, the department may

24  participate in the capital cost of eligible public airport and

25  aviation discretionary capacity improvement projects.  The

26  annual legislative budget request shall be based on the

27  funding required for discretionary capacity improvement

28  projects in the aviation, and airport, and aerospace work

29  program.

30         (a)  The department shall provide priority funding in

31  support of:

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  1         1.  Land acquisition which provides additional capacity

  2  at the qualifying international airport or at that airport's

  3  supplemental air carrier airport.

  4         2.  Runway and taxiway projects that add capacity or

  5  are necessary to accommodate technological changes in the

  6  aviation industry.

  7         3.  Airport access transportation projects that improve

  8  direct airport access and are approved by the airport sponsor.

  9         4.  International terminal projects that increase

10  international gate capacity.

11         (b)  No single airport shall secure discretionary

12  capacity improvement project funds in excess of 50 percent of

13  the total discretionary capacity improvement project funds

14  available in any given budget year.

15         (c)  Unless prohibited by the General Appropriations

16  Act or by law, the department may transfer funds within each

17  category of the airport and aviation discretionary capacity

18  improvement program to maximize the aviation services or

19  federal aid available to this state.

20         (d)  The department may fund up to 50 percent of the

21  portion of eligible project costs which are not funded by the

22  Federal Government except that the department may initially

23  fund up to 75 percent of the cost of land acquisition for a

24  new airport or for the expansion of an existing airport which

25  is owned and operated by a municipality, a county, or an

26  authority, and shall be reimbursed to the normal statutory

27  project share when federal funds become available or within 10

28  years after the date of acquisition, whichever is earlier.

29         (8)  Subject to the availability of appropriated funds,

30  the department may participate in the capital cost of eligible

31  aerospace discretionary capacity improvement projects. The

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  1  annual legislative budget request shall be based on the

  2  funding required for aerospace discretionary capacity

  3  improvement projects in the aviation, airport, and aerospace

  4  work program.

  5         Section 14.  Subsection (31) of section 334.03, Florida

  6  Statutes, is amended to read:

  7         334.03  Definitions.--When used in the Florida

  8  Transportation Code, the term:

  9         (31)  "Transportation facility" means any means for the

10  transportation of people or and property from place to place

11  which is constructed, operated, or maintained in whole or in

12  part from public funds. The term includes the property or

13  property rights, both real and personal, which have been or

14  may be established by public bodies for the transportation of

15  people or and property from place to place.

16         Section 15.  Paragraph (d) of subsection (2) of section

17  339.155, Florida Statutes, is amended, paragraphs (w) and (x)

18  of subsection (2) are redesignated as paragraphs (x) and (y),

19  respectively, and a new paragraph (w) is added to subsection

20  (2) of said section, to read:

21         339.155  Transportation planning.--The department shall

22  develop and annually update a statewide transportation plan,

23  to be known as the Florida Transportation Plan.  The plan

24  shall be designed so as to be easily read and understood by

25  the general public.

26         (2)  DEVELOPMENT CRITERIA.--The Florida Transportation

27  Plan shall consider the needs of the entire state

28  transportation system, examine the use of all modes of

29  transportation to effectively and efficiently meet such needs,

30  and provide for the interconnection of all types of modes in a

31  comprehensive intermodal transportation system.  In developing

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  1  the Florida Transportation Plan, the department shall consider

  2  the following:

  3         (d)  International border crossings and access to

  4  ports, airports, spaceports, intermodal transportation

  5  facilities, major freight distribution routes, national parks,

  6  recreation and scenic areas, monuments and historic sites, and

  7  military installations.

  8         (w)  The spaceport master plan approved by the

  9  Spaceport Florida Authority.

10         Section 16.  Paragraph (a) of subsection (2), paragraph

11  (b) of subsection (5), paragraph (a) of subsection (6),

12  paragraphs (a) and (c) of subsection (7), and paragraph (a) of

13  subsection (9) of section 339.175, Florida Statutes, 1998

14  Supplement, are amended to read:

15         339.175  Metropolitan planning organization.--It is the

16  intent of the Legislature to encourage and promote the

17  development of transportation systems embracing various modes

18  of transportation in a manner that will maximize the mobility

19  of people and goods within and through urbanized areas of this

20  state and minimize, to the maximum extent feasible, and

21  together with applicable regulatory government agencies,

22  transportation-related fuel consumption and air pollution.  To

23  accomplish these objectives, metropolitan planning

24  organizations, referred to in this section as M.P.O.'s, shall

25  develop, in cooperation with the state, transportation plans

26  and programs for metropolitan areas. Such plans and programs

27  must provide for the development of transportation facilities

28  that will function as an intermodal transportation system for

29  the metropolitan area.  The process for developing such plans

30  and programs shall be continuing, cooperative, and

31

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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  aerospace, 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 17.  Subsection (6) of section 196.012, Florida

  6  Statutes, is amended to read:

  7         196.012  Definitions.--For the purpose of this chapter,

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

  9  context clearly indicates otherwise:

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

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

12  lessee under any leasehold interest created in property of the

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

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

15  other public body corporate of the state is demonstrated to

16  perform a function or serve a governmental purpose which could

17  properly be performed or served by an appropriate governmental

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

19  purpose which would otherwise be a valid subject for the

20  allocation of public funds. For purposes of the preceding

21  sentence, an activity undertaken by a lessee which is

22  permitted under the terms of its lease of real property

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

24  has been approved by the Federal Aviation Administration and

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

26  business offices and activities related specifically thereto

27  in connection with the conduct of an aircraft full service

28  fixed base operation which provides goods and services to the

29  general aviation public in the promotion of air commerce shall

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

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

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

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

  3  332.004(18)(14) by municipalities, agencies, special

  4  districts, authorities, or other public bodies corporate and

  5  public bodies politic of the state, or which is located in a

  6  deepwater port identified in s. 403.021(9)(b) and owned by one

  7  of the foregoing governmental units, subject to a leasehold or

  8  other possessory interest of a nongovernmental lessee that is

  9  deemed to perform an aviation or airport or maritime or port

10  purpose or operation shall be deemed an activity that serves a

11  governmental, municipal, or public purpose. The use by a

12  lessee, licensee, or management company of real property or a

13  portion thereof as a convention center, visitor center, sports

14  facility with permanent seating, concert hall, arena, stadium,

15  park, or beach is deemed a use that serves a governmental,

16  municipal, or public purpose or function when access to the

17  property is open to the general public with or without a

18  charge for admission. If property deeded to a municipality by

19  the United States is subject to a requirement that the Federal

20  Government, through a schedule established by the Secretary of

21  the Interior, determine that the property is being maintained

22  for public historic preservation, park, or recreational

23  purposes and if those conditions are not met the property will

24  revert back to the Federal Government, then such property

25  shall be deemed to serve a municipal or public purpose. The

26  term "governmental purpose" also includes a direct use of

27  property on federal lands in connection with the Federal

28  Government's Space Exploration Program. Real property and

29  tangible personal property owned by the Federal Government and

30  used for defense and space exploration purposes or which is

31  put to a use in support thereof shall be deemed to perform an

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  1  essential national governmental purpose and shall be exempt.

  2  "Owned by the lessee" as used in this chapter does not include

  3  personal property, buildings, or other real property

  4  improvements used for the administration, operation, business

  5  offices and activities related specifically thereto in

  6  connection with the conduct of an aircraft full service fixed

  7  based operation which provides goods and services to the

  8  general aviation public in the promotion of air commerce

  9  provided that the real property is designated as an aviation

10  area on an airport layout plan approved by the Federal

11  Aviation Administration. For purposes of determination of

12  "ownership," buildings and other real property improvements

13  which will revert to the airport authority or other

14  governmental unit upon expiration of the term of the lease

15  shall be deemed "owned" by the governmental unit and not the

16  lessee. Providing two-way telecommunications services to the

17  public for hire by the use of a telecommunications facility,

18  as defined in s. 364.02(13), and for which a certificate is

19  required under chapter 364 does not constitute an exempt use

20  for purposes of s. 196.199, unless the telecommunications

21  services are provided by the operator of a public-use airport,

22  as defined in s. 332.004, for the operator's provision of

23  telecommunications services for the airport or its tenants,

24  concessionaires, or licensees, or unless the

25  telecommunications services are provided by a public hospital.

26  However, property that is being used to provide such

27  telecommunications services on or before October 1, 1997,

28  shall remain exempt, but such exemption expires October 1,

29  2004.

30         Section 18.  Subsection (1) of section 334.27, Florida

31  Statutes, is amended to read:

                                  33

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1999                 HB 815

    531-166-99






  1         334.27  Governmental transportation entities; property

  2  acquired for transportation purposes; limitation on soil or

  3  groundwater contamination liability.--

  4         (1)  For the purposes of this section, the term

  5  "governmental transportation entity" means the department; an

  6  authority created pursuant to chapter 343, chapter 348, or

  7  chapter 349; airports as defined in s. 332.004(18)(14); a port

  8  enumerated in s. 311.09(1); a county; or a municipality.

  9         Section 19.  This act shall take effect July 1, 1999.

10

11            *****************************************

12                          HOUSE SUMMARY

13
      Creates the "Florida Space Transportation Planning Act"
14    to:
           1.  Exempt described spaceports licensed by the
15    Federal Aviation Administration from a provison of law
      relating to the approval of airport sites and the
16    licensing of airports.
           2.  Revise definitions with respect to the Spaceport
17    Florida Authority Act.
           3.  Revise the boundaries of spaceport territory.
18         4.  Revise language with respect to the powers of
      the Spaceport Florida Authority.
19         5.  Revise language with respect to changing
      boundary lines for spaceports.
20         6.  Provide for the development of a spaceport
      master plan.
21         7.  Direct the Department of Transportation to
      promote and develop aerospace transportation facilities.
22         8.  Provide for the powers and duties of the
      Department of Transportation with respect to aerospace
23    development.
           9.  Provide for the administration and financing of
24    aerospace programs and projects.
           10.  Revise a provision of law governing
25    transportation planning to include reference to the
      spaceport master plan.
26         11.  Include reference to spaceports and aerospace
      development with respect to metropolitan planning
27    organizations.

28
      See bill for details.
29

30

31

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