Senate Bill sb0688e2

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    CS for SB 688                           Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Spaceport Florida

  3         Authority; amending ss. 74.011, 196.012,

  4         212.02, 288.063, 288.075, 288.35, 288.9415,

  5         288.9515, 330.30, 331.301, 331.302, F.S.;

  6         changing the name of the Spaceport Florida

  7         Authority to the Florida Space Authority;

  8         amending s. 331.303, F.S.; defining the term

  9         "Spaceport Florida"; conforming provisions to

10         the name change; amending s. 331.304, F.S.;

11         naming certain spaceport territory; revising

12         the boundaries of spaceport territory; amending

13         s. 331.308, F.S.; conforming provisions to the

14         name change; revising membership of and

15         procedures related to the board of supervisors;

16         designating the Lieutenant Governor as the

17         chair of the board of supervisors and as the

18         state's space policy leader; amending s.

19         331.3101, F.S.; conforming provisions to the

20         name change; amending s. 331.349, F.S.;

21         changing the fiscal year of the authority;

22         amending s. 331.360, F.S.; conforming

23         provisions to the name change; conforming a

24         cross-reference; amending s. 331.367, F.S.;

25         revising the membership, mission,

26         administration, and reporting requirements of

27         the Spaceport Management Council and its

28         executive board; amending ss. 331.368, 331.405,

29         331.411, 339.137, 339.175, 768.28, F.S.;

30         conforming provisions to the name change;

31


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    CS for SB 688                           Second Engrossed (ntc)



  1         deleting obsolete provisions; providing

  2         effective dates.

  3

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

  5

  6         Section 1.  Section 74.011, Florida Statutes, is

  7  amended to read:

  8         74.011  Scope.--In any eminent domain action, properly

  9  instituted by and in the name of the state; the Department of

10  Transportation; any county, school board, municipality,

11  expressway authority, regional water supply authority,

12  transportation authority, flood control district, or drainage

13  or subdrainage district; the ship canal authority; any

14  lawfully constituted housing, port, or aviation authority; the

15  Spaceport Florida Space Authority; or any rural electric

16  cooperative, telephone cooperative corporation, or public

17  utility corporation, the petitioner may avail itself of the

18  provisions of this chapter to take possession and title in

19  advance of the entry of final judgment.

20         Section 2.  Subsection (6) of section 196.012, Florida

21  Statutes, is amended to read:

22         196.012  Definitions.--For the purpose of this chapter,

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

24  context clearly indicates otherwise:

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

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

27  lessee under any leasehold interest created in property of the

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

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

30  other public body corporate of the state is demonstrated to

31  perform a function or serve a governmental purpose which could


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    CS for SB 688                           Second Engrossed (ntc)



  1  properly be performed or served by an appropriate governmental

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

  3  purpose which would otherwise be a valid subject for the

  4  allocation of public funds. For purposes of the preceding

  5  sentence, an activity undertaken by a lessee which is

  6  permitted under the terms of its lease of real property

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

  8  has been approved by the Federal Aviation Administration and

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

10  business offices and activities related specifically thereto

11  in connection with the conduct of an aircraft full service

12  fixed base operation which provides goods and services to the

13  general aviation public in the promotion of air commerce shall

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

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

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

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

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

19  authorities, or other public bodies corporate and public

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

21  331.303(19), or which is located in a deepwater port

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

23  foregoing governmental units, subject to a leasehold or other

24  possessory interest of a nongovernmental lessee that is deemed

25  to perform an aviation, airport, aerospace, maritime, or port

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

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

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

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

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

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


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    CS for SB 688                           Second Engrossed (ntc)



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

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

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

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

  5  Government, through a schedule established by the Secretary of

  6  the Interior, determine that the property is being maintained

  7  for public historic preservation, park, or recreational

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

  9  revert back to the Federal Government, then such property

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

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

12  property on federal lands in connection with the Federal

13  Government's Space Exploration Program or spaceport activities

14  as defined in s. 212.02(22). Real property and tangible

15  personal property owned by the Federal Government or the

16  Spaceport Florida Space Authority and used for defense and

17  space exploration purposes or which is put to a use in support

18  thereof shall be deemed to perform an essential national

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

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

21  property, buildings, or other real property improvements used

22  for the administration, operation, business offices and

23  activities related specifically thereto in connection with the

24  conduct of an aircraft full service fixed based operation

25  which provides goods and services to the general aviation

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

27  property is designated as an aviation area on an airport

28  layout plan approved by the Federal Aviation Administration.

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

30  other real property improvements which will revert to the

31  airport authority or other governmental unit upon expiration


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    CS for SB 688                           Second Engrossed (ntc)



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

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

  3  telecommunications services to the public for hire by the use

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

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

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

  7  unless the telecommunications services are provided by the

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

  9  for the operator's provision of telecommunications services

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

11  or unless the telecommunications services are provided by a

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

13  provide such telecommunications services on or before October

14  1, 1997, shall remain exempt, but such exemption expires

15  October 1, 2004.

16         Section 3.  Subsection (22) of section 212.02, Florida

17  Statutes, is amended to read:

18         212.02  Definitions.--The following terms and phrases

19  when used in this chapter have the meanings ascribed to them

20  in this section, except where the context clearly indicates a

21  different meaning:

22         (22)  "Spaceport activities" means activities directed

23  or sponsored by the Spaceport Florida Space Authority on

24  spaceport territory pursuant to its powers and

25  responsibilities under the Spaceport Florida Space Authority

26  Act.

27         Section 4.  Subsection (7) of section 288.063, Florida

28  Statutes, is amended to read:

29         288.063  Contracts for transportation projects.--

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

31  Florida Space Authority may serve as the local government or


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  1  as the contracting agency for transportation projects within

  2  spaceport territory as defined by s. 331.304.

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

  4  Statutes, is amended to read:

  5         288.075  Confidentiality of records.--

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

  7  development agency" means the Office of Tourism, Trade, and

  8  Economic Development, any industrial development authority

  9  created in accordance with part III of chapter 159 or by

10  special law, the Spaceport Florida Space Authority created in

11  part II of chapter 331, the Florida Commercial Space Financing

12  Corporation created in part III of chapter 331, the public

13  economic development agency of a county or municipality, or

14  any research and development authority created in accordance

15  with part V of chapter 159. The term also includes any private

16  agency, person, partnership, corporation, or business entity

17  when authorized by the state, a municipality, or a county to

18  promote the general business interests or industrial interests

19  of the state or that municipality or county.

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

21  Statutes, is amended to read:

22         288.35  Definitions.--The following terms, wherever

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

24  meanings:

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

26  or political subdivision thereof; any state agency; any

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

28  municipalities located within said county; any chartered

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

30  consolidated governments, counties, or municipalities.

31  Specifically included are airports, port authorities,


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  1  industrial authorities, and the Spaceport Florida Space

  2  Authority.

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

  4  Statutes, is amended to read:

  5         288.9415  International Trade Grants.--

  6         (2)  A county, municipality, economic development

  7  council, the Spaceport Florida Space Authority, or a

  8  not-for-profit association of businesses organized to assist

  9  in the promotion of international trade may apply for a grant

10  of state funds for the promotion of international trade.

11         Section 8.  Subsection (4) of section 288.9515, Florida

12  Statutes, is amended to read:

13         288.9515  Authorized technology development programs.--

14         (4)  Enterprise Florida, Inc., shall invest moneys

15  contained in the Florida Technology Research Investment Fund

16  in technology application research or for technology

17  development projects that have the potential for commercial

18  market application. The partnership shall coordinate any

19  investment in any space-related technology projects with the

20  Spaceport Florida Space Authority and the Technological

21  Research and Development Authority.

22         (a)  The investment of moneys contained in the Florida

23  Technology Research Investment Fund is limited to investments

24  in qualified securities in which a private enterprise in this

25  state coinvests at least 40 percent of the total project

26  costs, in conjunction with other cash or noncash investments

27  from state educational institutions, state and federal

28  agencies, or other institutions.

29         (b)  For the purposes of this fund, qualified

30  securities include loans, loans convertible to equity, equity,

31  loans with warrants attached that are beneficially owned by


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    CS for SB 688                           Second Engrossed (ntc)



  1  the board, royalty agreements, or any other contractual

  2  arrangement in which the board is providing scientific and

  3  technological services to any federal, state, county, or

  4  municipal agency, or to any individual, corporation,

  5  enterprise, association, or any other entity involving

  6  technology development.

  7         (c)  Not more than $175,000 or 5 percent of the

  8  revenues generated by investment of moneys contained in the

  9  Florida Technology Research Investment Fund, whichever is

10  greater, may be used to pay operating expenses associated with

11  operation of the Florida Technology Research Investment Fund.

12         (d)  In the event of liquidation or dissolution of

13  Enterprise Florida, Inc., or the Florida Technology Research

14  Investment Fund, any rights or interests in a qualified

15  security or portion of a qualified security purchased with

16  moneys invested by the State of Florida shall vest in the

17  state, under the control of the State Board of Administration.

18  The state is entitled to, in proportion to the amount of

19  investment in the fund by the state, any balance of funds

20  remaining in the Florida Technology Research Investment Fund

21  after payment of all debts and obligations upon liquidation or

22  dissolution of Enterprise Florida, Inc., or the fund.

23         (e)  The investment of funds contained in the Florida

24  Technology Research Investment Fund does not constitute a

25  debt, liability, or obligation of the State of Florida or of

26  any political subdivision thereof, or a pledge of the faith

27  and credit of the state or of any such political subdivision.

28         Section 9.  Paragraph (d) of subsection (3) of section

29  330.30, Florida Statutes, is amended to read:

30         330.30  Approval of airport sites and licensing of

31  airports; fees.--


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    CS for SB 688                           Second Engrossed (ntc)



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

  2  apply to:

  3         (d)  An airport under the jurisdiction or control of a

  4  county or municipal aviation authority or a county or

  5  municipal port authority or the Spaceport Florida Space

  6  Authority; however, the department shall license any such

  7  airport if such authority does not elect to exercise its

  8  exemption under this subsection.

  9         Section 10.  Section 331.301, Florida Statutes, is

10  amended to read:

11         331.301  Short title.--This act may be cited as the

12  "Spaceport Florida Space Authority Act."

13         Section 11.  Section 331.302, Florida Statutes, is

14  amended to read:

15         331.302  Spaceport Florida Space Authority; creation;

16  purpose.--

17         (1)  It is the intent of the Legislature to provide a

18  unified direction for space-related economic growth and

19  educational development, to ensure a stable and dynamic

20  economic climate, to attract and maintain space-related

21  businesses suitable to the state, and to further the

22  coordination and development of Florida's economy.

23         (2)  There is hereby established, formed, and created

24  the Spaceport Florida Space Authority, which is created and

25  incorporated as a public corporation, body politic, and

26  subdivision of the state to establish facilities or

27  complementary activities to enhance and provide commercial

28  space-related development opportunities for business,

29  education, and government, and which shall have all the

30  powers, rights, privileges, and authority as provided under

31  the laws of this state.


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  1         (3)  It shall be the purpose, function, and

  2  responsibility of the Spaceport Florida Space Authority to

  3  develop a strategy for and implement the acceleration of

  4  space-related economic growth and educational development

  5  within the state. Projects in the state shall include the

  6  space business incubators, space tourism activities and

  7  centers, educational involvement in business incubators, and

  8  the Spaceport Florida launch centers.  It shall be the

  9  authority's purpose, function, and responsibility to provide

10  projects in the state which will develop and improve the

11  entrepreneurial atmosphere, to provide coordination among

12  space businesses, Florida universities, space tourism, and the

13  Spaceport Florida launch centers, and to provide activities

14  designed to stimulate the development of space commerce.  In

15  carrying out these duties and responsibilities, the authority

16  may advise and cooperate with municipalities, counties,

17  regional authorities, state agencies and organizations,

18  appropriate federal agencies and organizations, and other

19  interested persons and groups.

20         (4)  It is the intent of the Legislature that the

21  Spaceport Florida Space Authority shall not be considered an

22  "agency" as defined in ss. 216.011 and 287.012.

23         Section 12.  Subsection (1) of section 331.303, Florida

24  Statutes, is amended, present subsections (20), (21), (22),

25  (23), (24), and (25) of that section are redesignated as

26  subsections (21), (22), (23), (24), (25), and (26),

27  respectively, and a new subsection (20) is added to that

28  section to read:

29         331.303  Definitions.--

30         (1)  "Authority" means the Spaceport Florida Space

31  Authority created by this act.


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  1         (20)  "Spaceport Florida" means the authority or its

  2  facilities and projects.

  3         Section 13.  Section 331.304, Florida Statutes, is

  4  amended to read:

  5         331.304  Spaceport territory.--The following property

  6  shall constitute spaceport territory:

  7         (1)  Certain real property located in Brevard County

  8  that is included within the 1998 boundaries of Patrick Air

  9  Force Base, Cape Canaveral Air Force Station, or John F.

10  Kennedy Space Center. The territory consisting of areas within

11  the John F. Kennedy Space Center and the Cape Canaveral Air

12  Force Station may be referred to as the "Cape Canaveral

13  Spaceport."

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

15  the following boundaries:

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

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

18  water line of the Gulf of Mexico.

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

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

21  shore along the Gulf of Mexico.

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

23  shore along the Gulf of Mexico.

24         (2)(3)  Certain real property located in Santa Rosa,

25  Okaloosa, Gulf, and Walton Counties which is included within

26  the 1997 boundaries of Eglin Air Force Base.

27         Section 14.  Section 331.308, Florida Statutes, is

28  amended to read:

29         331.308  Board of supervisors.--

30         (1)  There is created within the Spaceport Florida

31  Space Authority a board of supervisors consisting of eight


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  1  seven regular members, who shall be appointed by the Governor,

  2  and two ex officio nonvoting members, one of whom shall be a

  3  state senator selected by the President of the Senate and one

  4  of whom shall be a state representative selected by the

  5  Speaker of the House of Representatives. The Lieutenant

  6  Governor, who is the state's space policy leader, shall serve

  7  as chair of the board of supervisors, and shall cast the

  8  deciding vote if the votes of the eight regular members result

  9  in a tie. All regular members shall be subject to confirmation

10  by the Senate at the next regular session of the Legislature.

11  Existing board members are not prohibited from reappointment.,

12  all of whom shall be subject to confirmation by the Senate at

13  the next regular session of the Legislature.  Each of the

14  regular board members must be a resident of the state and must

15  have experience in the aerospace or commercial space industry

16  or in finance or have other significant relevant experience. A

17  private-sector legal entity may not have more than one person

18  serving on the board at any one time. One regular member shall

19  represent organized labor interests, and one regular member

20  shall represent minority interests, and four regular members

21  must represent space industry, at least one of whom must also

22  be from a small business, as defined in s. 288.703. For the

23  purpose of this section, "space industry" includes private

24  sector entities engaged in space flight business, as defined

25  in s. 212.031, research and technology development of

26  space-based products and services, space station

27  commercialization, development of spaceport and range

28  technology, remote sensing products and services, space

29  biotechnology, measurement and calibration of space assets,

30  space related software and information technology development,

31  design and architecture of space-based assets and facilities


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  1  for manufacturing and other purposes, space-related

  2  nano-technology, space tourism, and other commercial

  3  enterprises utilizing uniquely space-based capabilities.

  4         (2)  Each regular member shall serve a term of 4 years

  5  or until a successor is appointed and qualified.  The term of

  6  each such member shall be construed to commence on the date of

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

  8  of the term.   Appointment to the board shall not preclude any

  9  such member from holding any other private or public position.

10         (3)  The ex officio nonvoting legislative members shall

11  serve on the board for 2-year terms.

12         (4)  Any vacancy on the board shall be filled for the

13  balance of the unexpired term.

14         (5)  This act does not affect the terms or conditions

15  of current members of the board, but applies to any vacancy

16  that occurs on or after the effective date of this act.

17  Appointments to the board shall give effect to this act as

18  soon as practicable. Vacancies created by or occurring

19  subsequent to the passage of this act shall be filled by

20  representatives of the space industry, as provided herein,

21  until the composition of the board is in compliance with the

22  provisions of subsection (1). Initial appointments shall be

23  made no later than 60 days after this act takes effect.

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

25  than 20 days after the members have been appointed.  At its

26  initial meeting, or as soon thereafter as is practicable, the

27  board shall appoint an executive director.  Meetings shall be

28  held quarterly or more frequently at the call of the chair.  A

29  majority of the regular members of the board shall constitute

30  a quorum, and a majority vote of such members present is

31  necessary for any action taken by the board.


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  1         (7)  The Governor has the authority to remove from the

  2  board any regular member in the manner and for cause as

  3  defined by the laws of this state and applicable to situations

  4  which may arise before the board.  Unless excused by the chair

  5  of the board, a regular member's absence from two or more

  6  consecutive board meetings creates a vacancy in the office to

  7  which the member was appointed.

  8         Section 15.  Section 331.3101, Florida Statutes, is

  9  amended to read:

10         331.3101  Spaceport Florida Space Authority; travel and

11  entertainment expenses.--

12         (1)  Notwithstanding the provisions of s. 112.061, the

13  authority shall adopt rules by which it may make expenditures

14  by advancement or reimbursement, or a combination thereof, to

15  authority officers and employees; reimburse business clients,

16  guests, and authorized persons as defined in s. 112.061(2)(e);

17  and make direct payments to third-party vendors:

18         (a)  For travel expenses of such business clients,

19  guests, and authorized persons incurred by the authority in

20  connection with the performance of its statutory duties, and

21  for travel expenses incurred by state officials and state

22  employees while accompanying such business clients, guests, or

23  authorized persons or when authorized by the board or its

24  designee.

25         (b)  For entertainment expenses of such guests,

26  business clients, and authorized persons incurred by the

27  authority in connection with the performance of its statutory

28  duties, and for entertainment expenses incurred for authority

29  officials and employees when such expenses are incurred while

30  in the physical presence of such business clients, guests, or

31  authorized persons.


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  1         (2)  The rules shall be subject to approval by the

  2  Comptroller prior to promulgation.  The rules shall require

  3  the submission of paid receipts, or other proof prescribed by

  4  the Comptroller, with any claim for reimbursement, and shall

  5  require, as a condition for any advancement, an agreement to

  6  submit paid receipts or other proof and to refund any unused

  7  portion of the advancement within 15 days after the expense is

  8  incurred or, if the advancement is made in connection with

  9  travel, within 15 days after completion of the travel.

10  However, with respect to an advancement made solely for travel

11  expenses, the rules may allow paid receipts or other proof to

12  be submitted, and any unused portion of the advancement to be

13  refunded, within 30 days after completion of the travel.

14         (3)  An annual report shall be made to the Legislature

15  not later than November 30 of each year for the previous

16  fiscal year, which shall consist of a synopsis concisely

17  summarizing all travel, entertainment, and incidental expenses

18  incurred within the United States and, separately, all travel,

19  entertainment, and incidental expenses incurred outside the

20  United States.

21         (4)  No claim submitted under this section shall be

22  required to be sworn to before a notary public or other

23  officer authorized to administer oaths, but any claim

24  authorized or required to be made under any provision of this

25  section shall contain a statement that the expenses were

26  actually incurred as necessary travel or entertainment

27  expenses in the performance of official duties of the

28  authority and shall be verified by written declaration that it

29  is true and correct as to every material matter.  Any person

30  who willfully makes and subscribes to any such claim which the

31  person does not believe to be true and correct as to every


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  1  material matter or who willfully aids or assists in, or

  2  procures, counsels, or advises, the preparation or

  3  presentation of a claim pursuant to this section, which claim

  4  is fraudulent or false as to any material matter, whether or

  5  not such falsity or fraud is with the knowledge or consent of

  6  the person authorized or required to present such claim,

  7  commits a misdemeanor of the second degree, punishable as

  8  provided in s. 775.082 or s. 775.083.  Whoever receives an

  9  advancement or reimbursement by means of a false claim is

10  civilly liable, in the amount of the overpayment, for the

11  reimbursement of the public fund from which the claim was

12  paid.

13         Section 16.  Section 331.349, Florida Statutes, is

14  amended to read:

15         331.349  Fiscal year of the authority.--The board has

16  the power to establish and from time to time redetermine the

17  fiscal year of the authority.  Unless the board otherwise

18  provides, the authority's fiscal year shall be July October 1

19  through June September 30.

20         Section 17.  Subsections (2) and (3) of section

21  331.360, Florida Statutes, are amended to read:

22         331.360  Joint project agreement or assistance;

23  spaceport master plan.--

24         (2)  Notwithstanding any other provision of law, the

25  Department of Transportation may enter into a joint project

26  agreement with, or otherwise assist, the Spaceport Florida

27  Space Authority as necessary to effectuate the provisions of

28  this chapter and may allocate funds for such purposes in its

29  5-year work program.  However, the department may not fund the

30  administrative or operational costs of the authority.

31


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    CS for SB 688                           Second Engrossed (ntc)



  1         (3)  The authority shall develop a spaceport master

  2  plan for expansion and modernization of space transportation

  3  facilities within spaceport territories as defined in s.

  4  331.303(23) s. 331.303(22).  The plan shall contain

  5  recommended projects to meet current and future commercial,

  6  national, and state space transportation requirements.  The

  7  authority shall submit the plan to any appropriate M.P.O. for

  8  review of intermodal impacts.  The authority shall submit the

  9  spaceport master plan to the Department of Transportation, and

10  such plan may be included within the department's 5-year work

11  program of qualifying aerospace discretionary capacity

12  improvement under subsection (4). The plan shall identify

13  appropriate funding levels and include recommendations on

14  appropriate sources of revenue that may be developed to

15  contribute to the State Transportation Trust Fund.

16         Section 18.  Section 331.367, Florida Statutes, is

17  amended to read:

18         331.367  Spaceport Management Council.--

19         (1)  The Spaceport Management Council is created within

20  the Spaceport Florida Space Authority to provide coordination

21  between government agencies and commercial operators for the

22  purpose of developing and recommendations on projects and

23  activities to that will increase the operability and

24  capabilities of Florida's space launch facilities, increase

25  statewide space-related industry and opportunities, and

26  promote space education, and research, and technology

27  development within the state. The council shall work to create

28  develop integrated facility and programmatic development plans

29  to address commercial, state, and federal requirements and to

30  identify appropriate private, state, and federal resources to

31  implement these plans.


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    CS for SB 688                           Second Engrossed (ntc)



  1         (2)  The council shall make recommendations regarding:

  2         (a)  The development of a spaceport master plan.

  3         (b)  The projects and levels of commercial financing

  4  required from the Florida Commercial Space Financing

  5  Corporation created by s. 331.407.

  6         (c)  Development and expansion of space-related

  7  education and research facilities and programs within Florida

  8  in consultation with the Florida Space Research Institute,

  9  including recommendations to be provided to the State

10  University System, the Division of Community Colleges, and the

11  Department of Education.

12         (d)  The regulation of spaceports and federal and state

13  policy.

14         (e)  Appropriate levels of governmental and private

15  funding for sustainable Florida's approach to the Federal

16  Government regarding requests for funding of space

17  development.

18         (3)  The council shall submit its recommendations to

19  the Governor and Lieutenant Governor and provide copies to the

20  Secretary of Transportation, the director of the Office of

21  Tourism, Trade, and Economic Development, the associate

22  administrator for Space Transportation in the United States

23  Department of Transportation, the administrator of the

24  National Aeronautics and Space Administration, the Deputy

25  Assistant Secretary of the Air Force for Space Plans and

26  Policy, and the ex officio nonvoting council members of the

27  Senate and the House of Representatives.

28         (4)(3)(a)  The council shall be composed consist of an

29  executive board consisting, which shall consist of

30  representatives of governmental organizations having with

31  responsibilities for developing or operating space


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    CS for SB 688                           Second Engrossed (ntc)



  1  transportation facilities, and a Space Industry Committee

  2  consisting, which shall consist of representatives of

  3  Florida's space industry.

  4         (b)  The executive board consists of the following

  5  individuals or their designees shall serve on the executive

  6  board:

  7         1.  The executive director of the Spaceport Florida

  8  Space Authority or his or her designee.

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

10  his or her designee.

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

12  Space Wing or his or her designee.

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

14  his or her designee.

15         2.5.  The Secretary of Transportation or his or her

16  designee.

17         3.6.  The president of Enterprise Florida, Inc., or his

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

19         4.7.  The director of the Office of Tourism, Trade, and

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

21  nonvoting member.

22         (c)1.  Participation by the federal agencies having

23  space-related missions in the state will contribute to council

24  effectiveness, and the following installation heads or their

25  designees may serve as official liaisons to the council: the

26  director of the John F. Kennedy Space Center, the Commander of

27  the 45th Space Wing, and the Commander of the Naval Ordnance

28  Test Unit.

29         2.  Federal liaison officials may attend and

30  participate in council meetings and deliberations, provide

31


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    CS for SB 688                           Second Engrossed (ntc)



  1  federal-agency views on issues before the council, and present

  2  issues of concern and make recommendations to the council.

  3         3.  The role of federal liaison officials is limited by

  4  federal statutes and other constraints, but the determination

  5  of this limitation is a federal function.

  6         4.  The fiduciary responsibility of the official

  7  liaisons shall remain at all times with their respective

  8  agencies.

  9         5.  To the extent that the advice or recommendations of

10  the official liaisons are not adopted or incorporated into the

11  final recommendations of the council, the official liaisons

12  may append to such final recommendations their advice,

13  recommendations, or opinions.

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

15  3-year term, beginning July 1. Initial appointments shall be

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

17  act.

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

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

20  The Space Industry Committee shall hold its initial meeting no

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

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

23  state.

24         (5)(7)  The executive board council shall adopt bylaws

25  governing the manner in which the business of the council

26  shall be conducted. The bylaws shall specify the procedure by

27  which the chairperson of the council is elected.

28         (6)(8)  The council shall provide infrastructure and

29  program requirements and develop other information to be

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

31  define goals and objectives concerning the development of


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    CS for SB 688                           Second Engrossed (ntc)



  1  spaceport facilities and an intermodal transportation system

  2  consistent with the goals of the Florida Transportation Plan

  3  developed pursuant to s. 339.155.

  4         (7)(9)  The council shall provide requirements and

  5  other information to be utilized in the development of a

  6  5-year Spaceport Economic Development Plan, defining the goals

  7  and objectives of the council concerning the development of

  8  facilities for space manufacturing, research, technology and

  9  development, and education educational facilities.

10         (8)(10)  The council shall meet at the call of its

11  chair chairperson, at the request of two or more members of

12  the executive board a majority of its membership, or at such

13  times as may be prescribed in its bylaws. However, the council

14  must meet at least semiannually. A majority of voting members

15  of the council constitutes a quorum for the purpose of

16  transacting the business of the council. A majority vote of

17  the majority of the voting members present is sufficient for

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

19  require a greater vote for a particular action.

20         Section 19.  Paragraph (a) of subsection (2) of section

21  331.368, Florida Statutes, is amended to read:

22         331.368  Florida Space Research Institute.--

23         (2)  The institute shall operate as a public/private

24  partnership under the direction of a board composed of:

25         (a)  A representative of the Spaceport Florida Space

26  Authority.

27         Section 20.  Subsection (2) of section 331.405, Florida

28  Statutes, is amended to read:

29         331.405  Definitions.--As used in this part:

30         (2)  "Authority" means the Spaceport Florida Space

31  Authority created by s. 331.302.


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    CS for SB 688                           Second Engrossed (ntc)



  1         Section 21.  Section 331.411, Florida Statutes, is

  2  amended to read:

  3         331.411  Board of directors; powers and duties.--

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

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

  6  follows:

  7         (a)  One representative appointed by each of the

  8  following:

  9         1.  The board of supervisors of the Spaceport Florida

10  Space Authority.

11         2.  The board of directors of the Florida Export

12  Finance Corporation.

13         3.  The director of the Office of Tourism, Trade, and

14  Economic Development.

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

16         5.  The Secretary of Transportation.

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

18         1.  A member representing the investment banking

19  industry.

20         2.  An attorney at law in private practice.

21

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

23  a member of the House of Representatives selected by the

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

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

26  shall serve 2-year terms.

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

28  beginning on July 1. Members appointed pursuant to paragraph

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

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

31  shall serve at the pleasure of the Governor. Initial


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    CS for SB 688                           Second Engrossed (ntc)



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

  2  effective date of this act.

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

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

  5  for financial support.

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

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

  8  corporate policies and procedures.

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

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

11  than 30 days after the members have been appointed.

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

13  president of the corporation from qualified candidates who

14  have been screened and interviewed by the Spaceport Florida

15  Authority.

16         (4)(6)  Board members shall serve without compensation

17  but may be reimbursed for all necessary expenses in the

18  performance of their duties, including attending board

19  meetings and conducting board business.

20         (5)(7)  The board shall:

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

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

23  out its responsibilities under this part, particularly with

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

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

26  direct, guaranteed, or collateralized loans to support

27  space-related transactions.

28         (b)  Hold regularly scheduled meetings, at least

29  quarterly, in order to carry out the objectives and

30  responsibilities of the board.

31


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    CS for SB 688                           Second Engrossed (ntc)



  1         (c)  Adopt policies, including criteria, establishing

  2  which space-related transactions shall be eligible for

  3  insurance, coinsurance, loan guarantees, and direct,

  4  guaranteed, or collateralized loans which may be extended by

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

  6  adopt rules which include the following criteria:

  7         1.  Any individual signing any corporation loan

  8  application and loan or guarantee agreement must have an

  9  equity interest in the business applying for financial

10  assistance.

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

12  be contractually obligated to use Florida launch facilities to

13  the maximum extent possible.

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

15  loans and loan guarantees, plus accrued interest,

16  full-recourse claims, and indemnities on direct loan

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

18  insurance and coinsurance program extended under this part.

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

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

21  under this part.

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

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

24  respective loan guarantee or working capital loan origination

25  programs are not duplicative and that each program makes full

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

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

28  the United States Export-Import Bank or other appropriate

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

30  take advantage of possible funding or guarantee sources.

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    CS for SB 688                           Second Engrossed (ntc)



  1         (h)  Develop a streamlined application and review

  2  process.

  3         Section 22.  Subsection (3) of section 339.137, Florida

  4  Statutes, is amended to read:

  5         339.137  Transportation Outreach Program (TOP)

  6  supporting economic development; administration; definitions;

  7  eligible projects; Transportation Outreach Program (TOP)

  8  advisory council created; limitations; funding.--

  9         (3)  Eligible projects include those for planning,

10  designing, acquiring rights-of-way for, or constructing the

11  following:

12         (a)  Major highway improvements.

13         1.  Florida Intrastate Highway System.

14         2.  Feeder roads which provide linkages to major

15  highways.

16         3.  Bridges of statewide or regional significance.

17         4.  Trade and economic development corridors.

18         5.  Access projects for freight and passengers.

19         6.  Hurricane evacuation routes.

20         (b)  Major public transportation projects.

21         1.  Seaport projects which improve cargo and passenger

22  movements.

23         2.  Aviation projects which increase passenger

24  enplanements and cargo activity.

25         3.  Transit projects which improve mobility on

26  interstate highways, or which improve regional or localized

27  travel.

28         4.  Rail projects that facilitate the movement of

29  passengers and cargo including ancillary pedestrian

30  facilities.

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    CS for SB 688                           Second Engrossed (ntc)



  1         5.  Spaceport Florida Space Authority projects which

  2  improve space transportation capacity and facilities

  3  consistent with the provisions of s. 331.360.

  4         6.  Bicycle and pedestrian facilities that add to or

  5  enhance a statewide system of public trails.

  6         (c)  Highway and bridge projects that facilitate

  7  retention and expansion of military installations, or that

  8  facilitate reuse and development of any military base

  9  designated for closure by the Federal Government.

10         Section 23.  Paragraph (a) of subsection (2) of section

11  339.175, Florida Statutes, is amended to read:

12         339.175  Metropolitan planning organization.--It is the

13  intent of the Legislature to encourage and promote the safe

14  and efficient management, operation, and development of

15  surface transportation systems that will serve the mobility

16  needs of people and freight within and through urbanized areas

17  of this state while minimizing transportation-related fuel

18  consumption and air pollution. To accomplish these objectives,

19  metropolitan planning organizations, referred to in this

20  section as M.P.O.'s, shall develop, in cooperation with the

21  state and public transit operators, transportation plans and

22  programs for metropolitan areas. The plans and programs for

23  each metropolitan area must provide for the development and

24  integrated management and operation of transportation systems

25  and facilities, including pedestrian walkways and bicycle

26  transportation facilities that will function as an intermodal

27  transportation system for the metropolitan area, based upon

28  the prevailing principles provided in s. 334.046(1).  The

29  process for developing such plans and programs shall provide

30  for consideration of all modes of transportation and shall be

31  continuing, cooperative, and comprehensive, to the degree


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    CS for SB 688                           Second Engrossed (ntc)



  1  appropriate, based on the complexity of the transportation

  2  problems to be addressed.

  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, may also

11  provide for M.P.O. members who represent municipalities to

12  alternate with representatives from other municipalities

13  within the metropolitan planning area that do not have members

14  on the M.P.O. County commission members shall compose not less

15  than one-third of the M.P.O. membership, except for an M.P.O.

16  with more than 15 members located in a county with a

17  five-member county commission or an M.P.O. with 19 members

18  located in a county with no more than 6 county commissioners,

19  in which case county commission members may compose less than

20  one-third percent of the M.P.O. membership, but all county

21  commissioners must be members. All voting members shall be

22  elected officials of general-purpose governments, except that

23  an M.P.O. may include, as part of its apportioned voting

24  members, a member of a statutorily authorized planning board,

25  an official of an agency that operates or administers a major

26  mode of transportation, or an official of the Spaceport

27  Florida Space Authority.  The county commission shall compose

28  not less than 20 percent of the M.P.O. membership if an

29  official of an agency that operates or administers a major

30  mode of transportation has been appointed to an M.P.O.

31


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    CS for SB 688                           Second Engrossed (ntc)



  1         Section 24.  Subsections (2), (3), and (7) and

  2  paragraph (a) of subsection (6) of section 768.28, Florida

  3  Statutes, are amended to read:

  4         768.28  Waiver of sovereign immunity in tort actions;

  5  recovery limits; limitation on attorney fees; statute of

  6  limitations; exclusions; indemnification; risk management

  7  programs.--

  8         (2)  As used in this act, "state agencies or

  9  subdivisions" include the executive departments, the

10  Legislature, the judicial branch (including public defenders),

11  and the independent establishments of the state; counties and

12  municipalities; and corporations primarily acting as

13  instrumentalities or agencies of the state, counties, or

14  municipalities, including the Spaceport Florida Space

15  Authority.

16         (3)  Except for a municipality and the Spaceport

17  Florida Space Authority, the affected agency or subdivision

18  may, at its discretion, request the assistance of the

19  Department of Insurance in the consideration, adjustment, and

20  settlement of any claim under this act.

21         (6)(a)  An action may not be instituted on a claim

22  against the state or one of its agencies or subdivisions

23  unless the claimant presents the claim in writing to the

24  appropriate agency, and also, except as to any claim against a

25  municipality or the Spaceport Florida Space Authority,

26  presents such claim in writing to the Department of Insurance,

27  within 3 years after such claim accrues and the Department of

28  Insurance or the appropriate agency denies the claim in

29  writing; except that, if such claim is for contribution

30  pursuant to s. 768.31, it must be so presented within 6 months

31  after the judgment against the tortfeasor seeking contribution


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    CS for SB 688                           Second Engrossed (ntc)



  1  has become final by lapse of time for appeal or after

  2  appellate review or, if there is no such judgment, within 6

  3  months after the tortfeasor seeking contribution has either

  4  discharged the common liability by payment or agreed, while

  5  the action is pending against her or him, to discharge the

  6  common liability.

  7         (7)  In actions brought pursuant to this section,

  8  process shall be served upon the head of the agency concerned

  9  and also, except as to a defendant municipality or the

10  Spaceport Florida Space Authority, upon the Department of

11  Insurance; and the department or the agency concerned shall

12  have 30 days within which to plead thereto.

13         Section 25.  Except as otherwise provided in this act,

14  this act shall take effect upon becoming a law.

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