Senate Bill sb1084c1

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    Florida Senate - 2003                           CS for SB 1084

    By the Committee on Military and Veterans' Affairs, Base
    Protection, and Spaceports; and Senator Fasano




    301-2071-03

  1                      A bill to be entitled

  2         An act relating to space-related growth and

  3         development; amending s. 288.075, F.S.;

  4         conforming provisions to changes made by the

  5         act; amending s. 331.303, F.S.; revising a

  6         definition; amending s. 331.308, F.S.; revising

  7         provisions relating to the board of supervisors

  8         for the Florida Space Authority; amending s.

  9         331.367, F.S.; conforming provisions to changes

10         made by the act; amending s. 331.368, F.S.;

11         revising the membership of the board of

12         directors for the Florida Space Research

13         Institute; clarifying the authority of the

14         Florida Space Research Institute; providing for

15         the submission of an annual report to the

16         Commissioner of Education; amending s. 331.401,

17         F.S.; conforming provisions to changes made by

18         the act; amending s. 331.403, F.S.; revising

19         legislative findings and intent; amending s.

20         331.405, F.S.; defining the term "aerospace";

21         amending s. 331.407, F.S.; redesignating the

22         Florida Commercial Space Finance Corporation as

23         the Florida Aerospace Finance Corporation;

24         conforming provisions to changes made by the

25         act; providing that the Florida Aerospace

26         Finance Corporation is not an agency for

27         certain purposes; amending ss. 331.409 and

28         331.411, F.S.; conforming provisions to changes

29         made by the act; providing an effective date.

30  

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

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    Florida Senate - 2003                           CS for SB 1084
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 1         Section 1.  Subsection (1) of section 288.075, Florida

 2  Statutes, is amended to read:

 3         288.075  Confidentiality of records.--

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

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

 6  Economic Development, any industrial development authority

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

 8  special law, the Florida Space Authority created in part II of

 9  chapter 331, the Florida Aerospace Finance Commercial Space

10  Financing Corporation created in part III of chapter 331, the

11  public economic development agency of a county or

12  municipality, or any research and development authority

13  created in accordance with part V of chapter 159. The term

14  also includes any private agency, person, partnership,

15  corporation, or business entity when authorized by the state,

16  a municipality, or a county to promote the general business

17  interests or industrial interests of the state or that

18  municipality or county.

19         Section 2.  Subsection (16) of section 331.303, Florida

20  Statutes, is amended to read:

21         331.303  Definitions.--

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

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

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

25  include coordination with Enterprise Florida, Inc., the Board

26  of Education Regents, and the Space Research Foundation; any

27  rocket, capsule, module, launch facility, assembly facility,

28  operations or control facility, tracking facility,

29  administrative facility, or any other type of space-related

30  transportation vehicle, station, or facility; any type of

31  equipment or instrument to be used or useful in connection

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    Florida Senate - 2003                           CS for SB 1084
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 1  with any of the foregoing; any type of intellectual property

 2  and intellectual property protection in connection with any of

 3  the foregoing including, without limitation, any patent,

 4  copyright, trademark, and service mark for, among other

 5  things, computer software; any water, wastewater, gas, or

 6  electric utility system, plant, or distribution or collection

 7  system; any small business incubator initiative, including any

 8  startup aerospace company, research and development company,

 9  research and development facility, storage facility, and

10  consulting service; or any tourism initiative, including any

11  space experience attraction, space-launch-related activity,

12  and space museum sponsored or promoted by the authority.

13         Section 3.  Subsection (1) of section 331.308, Florida

14  Statutes, is amended to read:

15         331.308  Board of supervisors.--

16         (1)  There is created within the Florida Space

17  Authority a board of supervisors consisting of eight regular

18  members, who shall be appointed by the Governor, and two ex

19  officio nonvoting members, one of whom shall be a state

20  senator selected by the President of the Senate and one of

21  whom shall be a state representative selected by the Speaker

22  of the House of Representatives. The Lieutenant Governor, who

23  is the state's space policy leader, shall preside over

24  meetings serve as chair of the board of supervisors, and shall

25  cast the deciding vote if the votes of the eight regular

26  members result in a tie. The board shall elect a chair to

27  preside in the absence of the Lieutenant Governor and to

28  perform such other duties as may be designated. All regular

29  members shall be subject to confirmation by the Senate at the

30  next regular session of the Legislature. Existing board

31  members are not prohibited from reappointment. Each of the

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    Florida Senate - 2003                           CS for SB 1084
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 1  regular board members must be a resident of the state and must

 2  have experience in the aerospace or commercial space industry

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

 4  private sector legal entity may not have more than one person

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

 6  represent organized labor interests, one regular member shall

 7  represent minority interests, and four regular members must

 8  represent space industry, at least one of whom must also be

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

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

11  sector entities engaged in space flight business, as defined

12  in s. 212.031, research and technology development of

13  space-based products and services, space station

14  commercialization, development of spaceport and range

15  technology, remote sensing products and services, space

16  biotechnology, measurement and calibration of space assets,

17  space-related software and information technology development,

18  design and architecture of space-based assets and facilities

19  for manufacturing and other purposes, space-related

20  nanotechnology, space tourism, and other commercial

21  enterprises utilizing uniquely space-based capabilities.

22         Section 4.  Paragraph (b) of subsection (2) of section

23  331.367, Florida Statutes, is amended to read:

24         331.367  Spaceport Management Council.--

25         (2)  The council shall make recommendations regarding:

26         (b)  The projects and levels of commercial financing

27  required from the Florida Aerospace Finance Commercial Space

28  Financing Corporation created by s. 331.407.

29         Section 5.  Section 331.368, Florida Statutes, is

30  amended to read:

31         331.368  Florida Space Research Institute.--

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    Florida Senate - 2003                           CS for SB 1084
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 1         (1)  There is created the Florida Space Research

 2  Institute, the purpose of which is to serve as an

 3  industry-driven center for research, leveraging the state's

 4  resources in a collaborative effort to support Florida's space

 5  industry and its expansion, diversification, and transition to

 6  commercialization.

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

 8  partnership under the direction of a board composed of:

 9         (a)  A representative of the Florida Space Authority.

10         (b)  A representative of Enterprise Florida, Inc.

11         (c)  A representative of the Florida Aviation Aerospace

12  Alliance.

13         (d)  A representative of the Florida Space Business

14  Roundtable.

15         (e)  Additional private-sector representatives from the

16  space industry selected collaboratively by the core members

17  specified in paragraphs (a)-(d). The additional space industry

18  representatives under this paragraph must comprise the

19  majority of members of the board and must be from geographic

20  regions throughout the state. Each private-sector

21  representative shall be appointed to a term of 3 years.

22         (f)  Two representatives from the educational community

23  who are selected collaboratively by the core members specified

24  in paragraphs (a)-(d) and who are engaged in research or

25  instruction related to the space industry. One representative

26  must be from a community college, and one representative must

27  be from a public or private university. Each educational

28  representative shall be appointed to a term of 2 years.

29         (g)  Additional ex officio, nonvoting representatives

30  selected collaboratively by the core members.

31  

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    Florida Senate - 2003                           CS for SB 1084
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 1         (3)  Annually, the members of the board shall select

 2  one of the members to serve as chair, who shall be responsible

 3  for convening and leading meetings of the board.

 4         (4)  Board members are considered to be volunteers as

 5  defined in s. 110.501 and shall serve with all protections

 6  provided to volunteers of state agencies under s. 768.1355.

 7         (5)  For the purposes of contracts and grants, s.

 8  216.346 shall apply to the institute's programs with state

 9  universities and community colleges.

10         (6)  The Florida Space Research Institute may:

11         (a)  Acquire property under such conditions as the

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

13  dispose of the same.

14         (b)  Serve as a coordinating organization among public

15  and private academic institutions, industry, and government

16  agencies to support the expansion and diversification of

17  Florida's space industry, and to support research and

18  education programs.

19         (c)  Execute contracts and other documents, adopt

20  proceedings, and perform any acts determined by the board to

21  be necessary to carry out the purposes of this section.

22         (d)  Establish a personnel-management system and

23  procedures, rules, and rates governing administrative and

24  financial operations of the institute.

25         (e)  Acquire, accept, or administer grants, contracts,

26  and fees from other organizations to perform activities that

27  are consistent with the purposes of this section.

28         (f)  Work in partnership with the Florida Space

29  Authority, Enterprise Florida, Inc., the Department of

30  Education, and other organizations to support their programs

31  

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    Florida Senate - 2003                           CS for SB 1084
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 1  to promote the state as a center for space enterprise,

 2  research, and technology development.

 3         (7)(3)  The board of the Florida Space Research

 4  Institute shall:

 5         (a)  Set the strategic direction for the space-related

 6  research priorities of the state and its space-related

 7  businesses, the scope of research projects for the institute,

 8  and the timeframes for completion.

 9         (b)  Invite the participation of public and private

10  academic institutions universities, including, but not limited

11  to, the University of Central Florida, the University of

12  Florida, the University of South Florida, Florida State

13  University, Florida Institute of Technology, and the

14  University of Miami.

15         (c)  Select a lead university to:

16         1.  Serve as coordinator of research for and as the

17  administrative entity of the institute;

18         2.  Support the institute's development of a statewide

19  space research agenda and programs; and

20         3.  Develop, and update as necessary, a report

21  recommending ways that the state's public and private

22  universities can work in partnership to support the state's

23  space-industry requirements, which report must be completed by

24  December 15, 2000.

25         (d)  Establish a partnership with the state Workforce

26  Development Board, or its successor entity, under which the

27  institute coordinates the workforce-training requirements

28  identified by the space industry and supports development of

29  workforce-training initiatives to meet such requirements,

30  using training providers approved by the board or its

31  successor entity.

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 1         (e)  Comanage, with the National Aeronautics and Space

 2  Administration and subject to the terms of an agreement with

 3  NASA, operation of a Space Experiment Research and Processing

 4  Laboratory, if such a facility is constructed on land of the

 5  John F. Kennedy Space Center. The institute shall carry out

 6  such responsibility through a consortium of public and private

 7  universities in the state led by the University of Florida.

 8         (f)  Develop initiatives to foster the participation of

 9  the state's space industry in the International Space Station

10  and to help the state maintain and enhance its competitive

11  position in the commercial space-transportation industry.

12         (g)  Pursue partnerships with the National Aeronautics

13  and Space Administration to coordinate and conduct research in

14  fields including, but not limited to, environmental

15  monitoring; agriculture; aquatics; resource reutilization

16  technologies for long-duration space missions; and spaceport

17  technologies which support current or next-generation launch

18  vehicles and range systems.

19         (h)  Pursue partnerships with the National Aeronautics

20  and Space Administration for the conduct of space-related

21  research using computer technology to connect experts in a

22  given field of science who are in disparate locations and to

23  perform research experiments in a real-time, virtual

24  environment.

25         (i)  Appoint or dismiss, as deemed necessary by the

26  board, a person to act as executive director of the institute,

27  who shall have such other functions, duties, powers, and

28  salary as the board prescribes.

29         (8)(4)  By December 15 of each year, the institute

30  shall submit a report of its activities and accomplishments

31  for the year to the Governor, the President of the Senate, and

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    Florida Senate - 2003                           CS for SB 1084
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 1  the Speaker of the House of Representatives, and the

 2  Commissioner of Education. The report shall also include

 3  recommendations regarding actions the state should take to

 4  enhance the development of space-related businesses,

 5  including:

 6         (a)  Future research activities.

 7         (b)  The development of capital and technology

 8  assistance to new and expanding industries.

 9         (c)  The removal of regulatory impediments.

10         (d)  The establishment of business development

11  incentives.

12         (e)  The initiation of education and training programs

13  to ensure a skilled workforce.

14         Section 6.  Section 331.401, Florida Statutes, is

15  amended to read:

16         331.401  Short title.--Sections 331.401-331.419 may be

17  cited as the "Florida Aerospace Finance Commercial Space

18  Financing Corporation Act."

19         Section 7.  Section 331.403, Florida Statutes, is

20  amended to read:

21         331.403  Legislative findings and intent.--The

22  Legislature finds that the expansion of state and federal

23  support for the aerospace industry in Florida is critical to

24  the continued development of a viable commercial aerospace

25  space industry and the technical and scientific job base for

26  its citizens. This development of commercial opportunities in

27  Florida is slowed by the lack of traditional business

28  financing tools such as securitization for industrial

29  development. Florida's launch industry is also being

30  challenged by the provision of such industry assistance by

31  other countries. Florida's aerospace industry could be

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 1  assisted by a corporation established to work with the United

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

 3  the National Aeronautics and Space Administration, and other

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

 5  technical assistance, and financial support. It is the

 6  intention of the Legislature to retain and expand job

 7  opportunities for Florida citizens through this mechanism.

 8         Section 8.  Section 331.405, Florida Statutes, is

 9  amended to read:

10         331.405  Definitions.--As used in this part:

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

12  to s. 331.415.

13         (2)  "Aerospace" means the industry concerned with the

14  design and manufacture of aircraft, rockets, missiles,

15  spacecraft, satellites, space vehicles, space stations, space

16  facilities, or components thereof, and equipment, systems,

17  facilities, simulators, programs, and activities related

18  thereto.

19         (3)(2)  "Authority" means the Florida Space Authority

20  created by s. 331.302.

21         (4)(3)  "Board" means the governing body of the

22  corporation.

23         (5)(4)  "Corporation" means the Florida Aerospace

24  Finance Commercial Space Financing Corporation.

25         (6)(5)  "Domiciled in this state" means registered to

26  do business in Florida.

27         (7)(6)  "Financial institution" has the same meaning as

28  in s. 655.005(1)(h).

29         (8)(7)  "Financing agreement" has the same meaning as

30  in s. 331.303(10).

31  

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 1         (9)(8)  "Member" means an individual appointed to be a

 2  member of the board.

 3         (10)(9)  "President" means the chief executive officer

 4  of the corporation.

 5         Section 9.  Section 331.407, Florida Statutes, is

 6  amended to read:

 7         331.407  Florida Aerospace Finance Commercial Space

 8  Financing Corporation.--

 9         (1)  The Florida Aerospace Finance Commercial Space

10  Financing Corporation is created as a corporation not for

11  profit.  The corporation shall have all the powers, rights,

12  privileges, and authority as provided under chapter 617 and

13  this part. The corporation shall be organized on a nonstock

14  basis. The purpose of the corporation is to expand employment

15  and income opportunities for residents of this state by

16  providing businesses domiciled in this state with information,

17  technical assistance, and financial assistance to support

18  space-related transactions, in order to increase the

19  development within the state of commercial aerospace products,

20  activities, services, and facilities.

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

22  to carry out the following functions:

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

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

25  Space Administration, the Export-Import Bank, the

26  International Trade Administration of the United States

27  Department of Commerce, the Foreign Credit Insurance

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

29  other private and public programs and organizations, domestic

30  and foreign.

31  

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

 2  domestic and foreign public and private organizations which

 3  provide information, technical assistance, and financial

 4  support to the aerospace industry.

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

 6  on financing opportunities and techniques of financing

 7  aerospace projects, programs, and activities; sources of

 8  public and private aerospace financing assistance; and sources

 9  of aerospace-related space-related financing.

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

11  other forums designed to disseminate information and technical

12  assistance regarding aerospace-related space-related

13  financing.

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

15  and to originate for sale direct aerospace-related

16  space-related loans, pursuant to criteria, bylaws, policies,

17  and procedures adopted by the board.

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

19  aerospace infrastructure, satellites, launch vehicles, and any

20  service which supports aerospace launches.

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

22  infrastructure, satellites, launch vehicles, and any other

23  related activities and services.

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

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

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

27  dispose of the same.

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

29  other instruments necessary or convenient to the exercise of

30  its powers, including financing agreements.

31  

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 1         (3)  It is the intent of the Legislature that the

 2  corporation shall not be considered an "agency" as defined in

 3  s. 216.011 or s. 287.012.

 4         Section 10.  Subsection (4) of section 331.409, Florida

 5  Statutes, is amended to read:

 6         331.409  Powers and limitations.--

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

 8  fiscal strategy for Florida which will guide and facilitate

 9  the successful expansion of aerospace-related space-related

10  jobs.

11         Section 11.  Paragraphs (a) and (c) of subsection (5)

12  of section 331.411, Florida Statutes, are amended to read:

13         331.411  Board of directors; powers and duties.--

14         (5)  The board shall:

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

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

17  out its responsibilities under this part, particularly with

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

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

20  direct, guaranteed, or collateralized loans to support

21  aerospace-related space-related transactions.

22         (c)  Adopt policies, including criteria, establishing

23  which aerospace-related space-related transactions shall be

24  eligible for insurance, coinsurance, loan guarantees, and

25  direct, guaranteed, or collateralized loans which may be

26  extended by the corporation.  To implement this paragraph, the

27  board shall adopt rules which include the following criteria:

28         1.  Any individual signing any corporation loan

29  application and loan or guarantee agreement must have an

30  equity interest in the business applying for financial

31  assistance.

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

 2  be contractually obligated to use Florida launch facilities to

 3  the maximum extent possible.

 4         Section 12.  This act shall take effect upon becoming a

 5  law.

 6  

 7          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 8                         Senate Bill 1084

 9                                 

10  The bill provided the Legislature intended to review the
    operations of the Florida Space Authority.  The committee
11  substitute amended the bill to:

12  Provide that board of supervisors of the Florida Space
    Authority is to elect a chair to preside in the absence of the
13  Lieutenant Governor and to perform other duties as may be
    required.
14  
    Implement a rotation schedule for members of the Florida Space
15  Research Institute's board of supervisors.

16  Authorize the FSRI board to invite governmental officials to
    serve as non-voting members of the board of supervisors.
17  
    Clarify that board members are volunteers and are subject to
18  all protections afforded to volunteers of state agencies.

19  Provide that contracts and grants issued by FSRI to state
    agencies are subject to certain restrictions on overhead
20  /indirect costs.

21  Provide explicit authorization for FSRI to enter into
    agreements, employ staff, own property, and conduct other
22  necessary activities.

23  In addition to existing reporting requirements, provides that
    FSRI is to report annually to the Secretary of Education.
24  
    Change the name of the Florida Commercial Space Financing
25  Corporation to the "Florida Aerospace Finance Corporation".

26  Provide that the corporation is not a state agency for
    budgetary and procurement purposes.
27  
    Implement a number of clarifying/conforming statutory changes.
28  

29  

30  

31  

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