Amendment
Bill No. 1026
Amendment No. 805163
CHAMBER ACTION
Senate House
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1Representative Allen offered the following:
2
3     Amendment (with title amendment)
4     Remove everything after the enacting clause and insert:
5     Section 1.  Commission on the Future of Space in Florida.--
6     (1)  The Commission on the Future of Space in Florida is
7created. The commission shall be composed of 15 voting members,
89 of whom are appointed by the Governor, 3 of whom are appointed
9by the President of the Senate, and 3 of whom are appointed by
10the Speaker of the House of Representatives. In consultation
11with the Florida Congressional Delegation, the Governor shall
12appoint two members of the delegation or their designees to
13serve as ex officio, nonvoting members of the commission. In
14addition, the Lieutenant Governor, Secretary of Transportation,
15executive director of the Florida Space Authority, and director
16of the Agency for Workforce Innovation or their designees shall
17serve as ex officio, nonvoting members of the commission. The
18Governor's appointments must include one appointment from each
19of the following groups:
20     (a)  Aerospace manufacturing.
21     (b)  Aerospace operations and maintenance.
22     (c)  Aerospace finance.
23     (d)  Aerospace research.
24     (e)  Aerospace defense.
25     (f)  Commercial aerospace services.
26     (g)  An aerospace business with fewer than 250 employees.
27     (h)  Enterprise Florida, Inc.
28     (i)  An active member from a chapter of Students for the
29Exploration and Development of Space (SEDS) based at a Florida
30university.
31
32The President of the Senate and the Speaker of the House of
33Representatives shall each select one appointee from three of
34the groups listed in paragraphs (a)-(i) and, in addition, shall
35each appoint one member from their respective chambers of the
36Legislature to serve as ex officio, nonvoting members.
37Appointments under this subsection shall be made before July 31,
382005, and the first meeting shall be held no later than
39September 1, 2005. The chair of the commission shall be elected
40from among the voting members by majority vote of the membership
41at its first meeting. Meetings shall be held upon the call of
42the chair but not less frequently than monthly. Any vacancy
43occurring in the membership of the commission shall be filled in
44the same manner as the original appointment.
45     (2)  Each voting member of the commission is entitled to
46one vote, and action of the commission requires a majority vote
47of the voting members present. Action may not be taken if less
48than a majority of all voting members is present.
49     (3)  The commission may appoint an executive director who
50shall report to the commission and serve at its pleasure. The
51Office of Tourism, Trade, and Economic Development shall provide
52the commission and the executive director with staff assistance.
53The Office of Tourism, Trade, and Economic Development may, upon
54the request of the commission, pay compensation to consultants
55if such costs can be funded from the appropriation provided for
56in this act.
57     (4)  The commission shall:
58     (a)  Identify the current and future opportunities in
59aerospace operations, aerospace transport, aerospace education,
60aerospace tourism, and other aerospace areas and make
61recommendations for how the state can capitalize on such
62opportunities.
63     (b)  Review current federal, state, and local laws,
64ordinances, and rules that affect the aerospace industry in the
65state and recommend actions that will promote growth and
66diversification of the industry.
67     (c)  Examine the state's space-related policies and
68programs and recommend needed changes, including the possible
69restructuring of state space-related entities.
70     (d)  Examine the ways in which aerospace industries,
71including the component elements of manufacturing, assembly,
72marketing, servicing, maintenance, logistical support, human
73resources, and related research and development, can be
74attracted to locate permanently or expand in the state and
75recommend actions that can be taken by the state and local
76governments to accomplish this goal, including, but not limited
77to, possible financing alternatives.
78     (e)  Review existing studies to evaluate aerospace in the
79state, identify underserved resources, and recommend actions
80that can be taken to improve the competitiveness, availability,
81efficiency, and economy of the aerospace industry of the state.
82     (f)  Identify federal aid available to improve the state's
83aerospace infrastructure and services and recommend strategies
84to obtain such aid.
85     (g)  Determine whether the state's secondary and
86postsecondary schools are producing graduates who meet the
87workforce needs of the state's aerospace industry and recommend
88strategies to improve meeting those needs.
89     (5)  The commission may appoint technical advisory
90committees. Commission members and the members of any technical
91advisory committees may not receive remuneration for their
92services, but members other than public officers and employees
93are entitled to be reimbursed by the Office of Tourism, Trade,
94and Economic Development for travel and per diem expenses in
95accordance with section 112.061, Florida Statutes. Public
96officers and employees shall be reimbursed for travel and per
97diem expenses by their respective agencies in accordance with
98section 112.061, Florida Statutes.
99     (6)  The commission must hold at least five public hearings
100in different regions of the state to solicit input from the
101public on the future of space in the state.
102     (7)  All agencies under the control of the Governor are
103directed and all other agencies are requested to render
104assistance and cooperation to the commission.
105     (8)  The commission shall prepare a preliminary report of
106its findings and recommendations by January 16, 2006, and a
107final report with specific recommendations by January 30, 2006.
108The Office of Tourism, Trade, and Economic Development shall
109prepare legislative recommendations consistent with the
110commission's reports for consideration by the Legislature at the
1112006 Regular Session. Copies of the reports shall be submitted
112to the Governor, the President of the Senate, and the Speaker of
113the House of Representatives.
114     (9)  The commission is abolished, and this section expires,
115on May 31, 2006.
116     Section 2.  The sum of $300,000 is appropriated from the
117State Transportation Trust Fund to the Department of
118Transportation for transfer into the Economic Development Trust
119Fund in the Executive Office of the Governor, Office of Tourism,
120Trade, and Economic Development for Fiscal Year 2005-2006. The
121sum of $100,000 is appropriated from the Economic Development
122Trust Fund to the Executive Office of the Governor, Office of
123Tourism, Trade, and Economic Development for Fiscal Year 2005-
1242006 for the purpose of implementing this act. The sum of
125$200,000 is appropriated from the Economic Development Trust
126Fund to the Executive Office of the Governor, Office of Tourism,
127Trade, and Economic Development for the Florida Aerospace
128Finance Corporation operating costs.
129     Section 3.  Section 331.405, Florida Statutes, is amended
130to read:
131     331.405  Definitions.--As used in this part:
132     (1)  "Account" means the account established pursuant to s.
133331.415.
134     (2)  "Aerospace" means the industry concerned with the
135design and manufacture of aircraft, rockets, missiles,
136spacecraft, satellites, space vehicles, space stations, space
137and defense facilities, or components thereof, and equipment,
138systems, facilities, simulators, programs, and activities
139related thereto.
140     (3)  "Authority" means the Florida Space Authority created
141by s. 331.302.
142     (4)  "Board" means the governing body of the corporation.
143     (5)  "Corporation" means the Florida Aerospace Finance
144Corporation.
145     (6)  "Domiciled in this state" means registered to do
146business in Florida.
147     (7)  "Financial institution" has the same meaning as in s.
148655.005(1)(h).
149     (8)  "Financing agreement" has the same meaning as in s.
150331.303(10).
151     (9)  "Member" means an individual appointed to be a member
152of the board.
153     (10)  "President" means the chief executive officer of the
154corporation.
155     Section 4.  Effective July 1, 2005, and applying
156retroactively to January 1, 2005, section 196.1999, Florida
157Statutes, is created to read:
158     196.1999  Space laboratories and cargo carriers
159exemption.--Notwithstanding other provisions of this chapter,
160modules, pallets, racks, lockers, and their necessary associated
161hardware and subsystems owned by any person and intended to be
162used to transport or store cargo for space laboratories for the
163primary purpose of conducting scientific research in space are
164deemed to carry out a scientific purpose and are exempt from ad
165valorem taxation.
166     Section 5.  Sections 331.3685, 331.3686, 331.3687, and
167331.3688, Florida Statutes, are created to read:
168     331.3685  Institute for Advanced Space Computing Act;
169popular name.--Sections 331.3685-331.3688 may be cited as the
170"Institute for Advanced Space Computing Act."
171     331.3686  Legislative findings and intent.--The Legislature
172finds that there is a critical need to invest in the aerospace
173infrastructure in this state in order to provide new high-wage
174jobs and long-term revenues for this state. The establishment of
175an advanced space computing institute to articulate, coordinate,
176and focus industrial and academic research will forge a path
177toward applied technology and on to job growth and economic
178development. The Legislature further finds that enhancing
179aerospace infrastructure and establishing a focused and market-
180driven space computing capability for this state will lead to
181future economic development and diversification and a higher
182quality of life for its citizens.
183     331.3687  Institute for advanced space computing.--The term
184"institute for advanced space computing" or "institute" means an
185organization established at or in collaboration with one or more
186universities in this state to accomplish the purposes and
187objectives of the Institute for Advanced Space Computing Program
188of the Office of Tourism, Trade, and Economic Development and
189with which the Florida Space Research Institute has contracted
190to further those purposes and objectives.
191     331.3688  The Institute for Advanced Space Computing
192Program.--
193     (1)  An advanced space computing program is created within
194the Office of Tourism, Trade, and Economic Development. The
195program shall have the following purposes and objectives:
196     (a)  Identify and pursue opportunities for university
197scholars, research scientists and engineers, students, and
198private businesses to form collaborative partnerships which
199foster and promote the research required to develop commercially
200viable, advanced, and innovative technologies and to transfer
201those technologies to commercial sectors.
202     (b)  Leverage public and private sector funds for
203personnel, facilities, equipment, and other resources which
204support the research required to develop commercially viable,
205advanced, and innovative technologies and to transfer those
206technologies to commercial sectors.
207     (c)  Recruit and retain world class scholars, high-
208performing students, and leading scientists and engineers in
209technology disciplines to engage in research.
210     (d)  Enhance and expand technology curricula and laboratory
211resources at universities in this state.
212     (e)  Increase the number of high-performing students
213participating in related technological disciplines, graduating
214from Florida universities, and pursuing careers in this state.
215     (f)  Stimulate and support the inception, growth, and
216diversification of technology-based businesses and ventures in
217this state and increasing employment opportunities for the
218workforce needed to support such businesses.
219     (g)  Identify an articulation and coordination system for
220Florida aerospace industries, state government entities, and
221public and private universities in this state to develop new
222technologies that are responsive to market needs and to position
223the state for diversification of its space and defense
224industries.
225     (h)  Position the state to participate in a growing
226national space and defense market through the development of
227technology that enhances mission capability, is responsive to
228market opportunities, and maintains emerging and embryonic
229research for long-term market positioning.
230     (2)  The Office of Tourism, Trade, and Economic Development
231shall contract with the Florida Space Research Institute to
232assist in implementing the advanced space computing program.
233     (3)  By December 15, 2005, the Florida Space Research
234Institute shall designate an institute for advanced space
235computing and develop the institute's plan which fulfills the
236purposes of ss. 331.3685-331.3688.
237     (4)  The institute plan shall include performance and
238accountability measures that can be used to assess the progress
239of implementation, the success of the institute, and the use of
240state funds received via contract. By February 1, 2006, the
241Florida Space Research Institute shall provide a copy of the
242plan to the Governor, the President of the Senate, and the
243Speaker of the House of Representatives.
244     (5)  Beginning July 1, 2006, the Florida Space Research
245Institute shall prepare an advanced space computing report
246semiannually and submit it to the Office of Tourism, Trade, and
247Economic Development.
248     Section 6.  Sections 331.501, 331.502, 331.503, 331.504,
249331.505, 331.506, and 331.507, Florida Statutes, are created to
250read:
251     331.501  Florida Aerospace Infrastructure Act; popular
252name.--Sections 331.501-331.507 may be cited as the "Florida
253Aerospace Infrastructure Act."
254     331.502  Legislative findings and intent.--The Legislature
255finds that there is a critical need for capital assistance for
256aerospace business expansion, economic development, and
257financing of aerospace infrastructure. The aerospace industry in
258this state would be assisted by a program established to invest
259in projects proposed by state and private sector entities that
260provide clear economic benefit to the state and support the
261growth of the employment and technology base of the aerospace
262industry in Florida. It is the intention of the Legislature to
263provide funding to support the growth of the aerospace industry
264and related high-technology industries in this state.
265     331.503  Definitions.--For the purposes of ss. 331.501-
266331.501-331.507, the term:
267     (1)  "Aerospace industry" means the industry concerned with
268the design and manufacture of aircraft, rockets, missiles,
269spacecraft, satellites, space vehicles, space stations, or space
270and defense facilities, or components thereof, and equipment,
271systems, facilities, simulators, programs, and activities
272related thereto.
273     (2)  "Board" means the governing board of the Florida
274Aerospace Finance Corporation.
275     (3)  "Committee" means the Independent Investment Committee
276created in s. 331.505 to provide investment recommendations to
277the corporation for implementation.
278     (4)  "Corporation" means the Florida Aerospace Finance
279Corporation created by s. 331.407.
280     (5)  "Program" means the Florida Aerospace Infrastructure
281Program created in s. 331.504.
282     331.504  Florida Aerospace Infrastructure Program.--
283     (1)  The Florida Aerospace Infrastructure Program is
284created within the Florida Aerospace Finance Corporation to
285finance needed industry expansion and infrastructure projects
286which may be proposed by state aerospace-related organizations,
287the aerospace industry, or the sponsor of any aerospace-related
288economic development or technology investment activity involving
289aerospace business expansion and job retention. The program
290shall support the growth of the aerospace industry and related
291high-technology industries in this state.
292     (2)  The corporation shall administer the program with
293recommendations from the committee and subject to adequate due
294diligence and adherence to investment policies and procedures of
295the corporation.
296     (3)  The corporation shall ensure that:
297     (a)  Investment recommendations are implemented in
298accordance with the board's policies and procedures.
299     (b)  An investment account for future investments is
300established to receive deposits from the Office of Tourism,
301Trade, and Economic Development or other state, federal, or
302private entities and to make awards pursuant to program
303requirements.
304     (c)  The investment portfolio is monitored and reported
305quarterly to the committee, the corporation, Enterprise Florida,
306Inc., and the Office of Tourism, Trade, and Economic
307Development.
308     (4)(a)  The corporation may provide direct loans, loan
309guarantees, direct grants for advancement of intellectual
310property, and other investment participation as necessary to
311ensure success of total financings undertaken.
312     (b)  Investment proposals may not be made for operating
313expenses for any state activity, but shall be directed to the
314development of aerospace infrastructure, technology, and
315intellectual property that advances the capabilities of the
316aerospace industry in this state.
317     (c)  The corporation shall seek coinvestors in any
318investment transaction the corporation makes, ensuring that the
319corporation is not the sole investor in the transaction. The
320corporation may waive this provision if investment circumstances
321warrant such waiver.
322     (d)  The corporation shall not commit more than 20 percent
323of the funds in the investment pool to any single investment.
324     (e)  The corporation shall endeavor to leverage the
325investment account through use of loan guarantee capabilities of
326the Small Business Administration and other state and federal
327guarantee sources.
328     (f)  The corporation shall be reimbursed for reasonable
329costs of investment and fund administration, including legal,
330accounting, and other costs necessary to carry out its
331responsibilities in conducting due diligence and which are not
332otherwise reimbursed by the companies seeking or receiving
333investment, as well as those administrative costs incurred by
334the corporation in providing administrative services to the
335committee.
336     (g)  The corporation may not pledge or represent that the
337corporation is authorized to pledge the full faith and credit of
338the state.
339     (h)  The corporation shall adopt policies and procedures
340necessary to carry out its responsibilities under ss. 331.501-
341331.507, particularly with respect to the board's
342responsibilities in direct lending, loan support, or direct
343grant or capital investment for projects approved for support by
344the program. These policies shall be adopted prior to granting
345awards.
346     (i)  The corporation shall develop an application and
347review process for investment proposals submitted for
348consideration by the committee.
349     (j)  The corporation shall ensure that the program is open
350to aerospace entities that are domiciled in this state or are
351establishing facilities and infrastructure in the state
352resulting in employment and economic benefit to this state.
353     331.505  Independent Investment Committee.--
354     (1)  The Independent Investment Committee is created within
355the Florida Aerospace Finance Corporation.
356     (2)(a)  The committee shall consist of five voting members
357as follows:
358     1.  One representative or designee appointed by each of the
359following:
360     a.  The board of supervisors of the Florida Space
361Authority.
362     b.  The board of directors of Enterprise Florida, Inc.
363     c.  The board of directors of the Florida Aerospace Finance
364Corporation.
365     2.  Two representatives of the aerospace industry appointed
366by the Governor.
367     (b)  Each voting member shall serve a 3-year term and,
368except for the initial terms which shall begin upon appointment
369and terminate on June 30, 2008, shall begin on July 1. Members
370appointed pursuant to subparagraph (a)1. shall serve at the
371pleasure of the appointing authority. Members appointed pursuant
372to subparagraph (a)2. shall serve at the pleasure of the
373Governor. Initial appointments shall be made no later than 60
374days after July 1, 2005.
375     (c)  Committee members, if employed full time by any entity
376that applies for financial support, must disclose their related
377interest and recuse themselves from voting on that project.
378     (d)  All members must be residents of the state.
379     (e)  All members must have an investment, banking, or
380aerospace industry background.
381     (f)  Committee members shall serve without compensation but
382may be reimbursed for travel and per diem expenses incurred in
383the performance of board business and in accordance with
384policies and procedures established by the corporation's board
385and s. 112.061.
386     (3)  The committee shall:
387     (a)  Recommend evaluation criteria and monitoring
388requirements for proposals submitted to the program.
389     (b)  Recommend investment guidelines which ensure each
390proposed project is judged on its merit, its perceived need, and
391the investment return, benefit, or overall value to the
392aerospace industry capability, employment, technology, or
393infrastructure.
394     (c)  Receive proposals from any of the state aerospace
395entities, entities involved in economic development activities,
396or Florida-based aerospace corporations.
397     (d)  Review proposals and make recommendations to the
398corporation.
399     (e)  Review progress reports resulting from projects
400approved by the corporation.
401     (f)  Recommend and assist the corporation in reviewing,
402drafting, and executing any contracts or other instruments
403necessary for the corporation to exercise its powers.
404     (g)  Review whether appropriate investment and retention of
405the program's capital base or other benefits are realized
406through the investments of the program, except in the case of a
407grant or equity investment, which shall be made based on value
408received by the program.
409     331.506  Florida Aerospace Finance Corporation; tax-exempt
410status.--The Florida Aerospace Finance Corporation, as created
411by s. 331.407, is granted tax-exempt status. The corporation is
412not required to pay taxes on any project or other property owned
413by the corporation or upon any resulting income. All notes,
414mortgages, security agreements, letters of credit, or other
415instruments that arise out of or are given to secure the payment
416of debt issued in conjunction with a project financed under the
417corporation's authority are also free from taxation by the state
418or any other local unit, political subdivision, or
419instrumentality of the state. The tax exemption granted is not
420applicable to taxes imposed on interest, income, or profits on
421debt obligations owned by the corporation.
422     331.507  Annual report.--By December 31 of each year, the
423corporation shall submit to the Governor, the President of the
424Senate, the Speaker of the House of Representatives, the Senate
425Minority Leader, and the House Minority Leader a complete and
426detailed report on the Florida Aerospace Infrastructure Program
427in accordance with s. 331.419 and setting forth:
428     (1)  An evaluation of its activities and recommendations
429for change.
430     (2)  The program's impact on the participation of private
431banks and other private organizations and individuals in the
432corporation's financing programs, and other economic and social
433benefits to businesses in this state.
434     (3)  The program's assets and liabilities at the end of its
435most recent fiscal year.
436     Section 7.  The Office of Tourism, Trade, and Economic
437Development is authorized to expend funds from Fiscal Year 2005-
4382006 appropriations to implement the provisions of this act.
439     Section 8.  If any provision of this act or its application
440to any person or circumstance is held invalid, the invalidity
441does not affect other provisions or applications of this act
442which can be given effect without the invalid provision or
443application, and, to this end, the provisions of this act are
444declared severable.
445     Section 9.  This act shall take effect July 1, 2005.
446
447================= T I T L E  A M E N D M E N T =================
448     Remove the entire title and insert:
449
A bill to be entitled
450An act relating to the aerospace industry; creating the
451Commission on the Future of Space in Florida; providing
452for membership and organization of the commission;
453providing procedures for action by the commission;
454authorizing the commission to appoint an executive
455director; providing for administrative and staff
456assistance from the Office of Tourism, Trade, and Economic
457Development; providing for compensation of consultants;
458providing duties of the commission; requiring the
459commission to identify, examine, and review certain
460information related to aerospace and the aerospace
461industry; authorizing the commission to appoint technical
462advisory committees; authorizing reimbursement of travel
463expenses; requiring a certain number of meetings in
464various regions of the state; directing certain agencies
465and requesting other agencies to render assistance and
466cooperation; requiring preliminary and final reports;
467requiring the Office of Tourism, Trade, and Economic
468Development to prepare legislative recommendations
469consistent with the report; abolishing the commission;
470providing an expiration date; providing appropriations;
471amending s. 331.405, F.S.; revising the definition of
472"aerospace" for purposes of provisions relating to the
473Florida Aerospace Finance Corporation; creating s.
474196.1999, F.S.; providing for an exemption from ad valorem
475taxes for certain space laboratories and cargo carriers;
476providing for retroactive application; creating ss.
477331.3685, 331.3686, 331.3687, and 331.3688, F.S.;
478providing a popular name; providing legislative findings
479and intent; providing a definition; creating the Institute
480for Advanced Space Computing Program within the Office of
481Tourism, Trade, and Economic Development; providing
482purposes and objectives; requiring the office to contract
483with the Florida Space Research Institute to assist in
484implementing the program; requiring the institute to
485designate an institute for advanced space computing and
486develop and approve a plan for allocating state
487appropriations for certain purposes; specifying plan
488requirements; requiring the institute to provide a copy of
489the plan to the Governor and Legislature; requiring a
490semiannual report to the office; creating ss. 331.501,
491331.502, 331.503, 331.504, 331.505, 331.506, and 331.507,
492F.S.; providing a popular name; providing legislative
493findings and intent; providing definitions; creating the
494Florida Aerospace Infrastructure Investment Program within
495the Florida Aerospace Finance Corporation; providing
496purposes; providing for funding the program; requiring the
497corporation to administer the program; providing
498requirements; providing the corporation with investment
499authorizations, criteria, requirements, and limitations;
500creating the Independent Investment Committee within the
501corporation; providing purposes of the committee;
502providing for appointment of committee members and
503criteria; providing for terms; requiring members to serve
504without compensation; providing for reimbursement of per
505diem and travel expenses; providing committee
506responsibilities; specifying tax-exempt status of the
507corporation; exempting the corporation from all state and
508local taxes; providing an exception; requiring the
509corporation to prepare and submit annual reports;
510providing requirements for such reports; authorizing the
511Office of Tourism, Trade, and Economic Development to
512expend certain funds; providing for severability;
513providing an effective date.


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