Amendment
Bill No. 1026
Amendment No. 850255
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 68.066, Florida Statutes, is created to
130read:
131     68.066  Actions based upon use of a creation that is not
132protected under federal copyright law.--
133     (1)  Except as provided in subsection (2), no use of an
134idea, procedure, process, system, method of operation, concept,
135principle, discovery, thought, or other creation that is not a
136work of authorship protected under federal copyright law may
137give rise to a claim or cause of action, in law or in equity,
138unless the parties to the claim or cause of action have executed
139a writing sufficient to indicate that a contract has been made
140between them governing such use.
141     (2)  Nothing in subsection (1) shall affect or limit:
142     (a)  Any cause of action based in copyright, trademark,
143patent, or trade secret; or
144     (b)  Any defense raised in connection with a cause of
145action described in paragraph (a).
146     Section 3.  Section 331.405, Florida Statutes, is amended
147to read:
148     331.405  Definitions.--As used in this part:
149     (1)  "Account" means the account established pursuant to s.
150331.415.
151     (2)  "Aerospace" means the industry concerned with the
152design and manufacture of aircraft, rockets, missiles,
153spacecraft, satellites, space vehicles, space stations, space
154and defense facilities, or components thereof, and equipment,
155systems, facilities, simulators, programs, and activities
156related thereto.
157     (3)  "Authority" means the Florida Space Authority created
158by s. 331.302.
159     (4)  "Board" means the governing body of the corporation.
160     (5)  "Corporation" means the Florida Aerospace Finance
161Corporation.
162     (6)  "Domiciled in this state" means registered to do
163business in Florida.
164     (7)  "Financial institution" has the same meaning as in s.
165655.005(1)(h).
166     (8)  "Financing agreement" has the same meaning as in s.
167331.303(10).
168     (9)  "Member" means an individual appointed to be a member
169of the board.
170     (10)  "President" means the chief executive officer of the
171corporation.
172     Section 4.  Effective July 1, 2005, and applying
173retroactively to January 1, 2005, section 196.1999, Florida
174Statutes, is created to read:
175     196.1999  Space laboratories and cargo carriers
176exemption.--Notwithstanding other provisions of this chapter,
177modules, pallets, racks, lockers, and their necessary associated
178hardware and subsystems owned by any person and intended to be
179used to transport or store cargo for space laboratories for the
180primary purpose of conducting scientific research in space are
181deemed to carry out a scientific purpose and are exempt from ad
182valorem taxation.
183     Section 5.  Sections 331.3685, 331.3686, 331.3687, and
184331.3688, Florida Statutes, are created to read:
185     331.3685  Institute for Advanced Space Computing Act;
186popular name.--Sections 331.3685-331.3688 may be cited as the
187"Institute for Advanced Space Computing Act."
188     331.3686  Legislative findings and intent.--The Legislature
189finds that there is a critical need to invest in the aerospace
190infrastructure in this state in order to provide new high-wage
191jobs and long-term revenues for this state. The establishment of
192an advanced space computing institute to articulate, coordinate,
193and focus industrial and academic research will forge a path
194toward applied technology and on to job growth and economic
195development. The Legislature further finds that enhancing
196aerospace infrastructure and establishing a focused and market-
197driven space computing capability for this state will lead to
198future economic development and diversification and a higher
199quality of life for its citizens.
200     331.3687  Institute for advanced space computing.--The term
201"institute for advanced space computing" or "institute" means an
202organization established at or in collaboration with one or more
203universities in this state to accomplish the purposes and
204objectives of the Institute for Advanced Space Computing Program
205of the Office of Tourism, Trade, and Economic Development and
206with which the Florida Space Research Institute has contracted
207to further those purposes and objectives.
208     331.3688  The Institute for Advanced Space Computing
209Program.--
210     (1)  An advanced space computing program is created within
211the Office of Tourism, Trade, and Economic Development. The
212program shall have the following purposes and objectives:
213     (a)  Identify and pursue opportunities for university
214scholars, research scientists and engineers, students, and
215private businesses to form collaborative partnerships which
216foster and promote the research required to develop commercially
217viable, advanced, and innovative technologies and to transfer
218those technologies to commercial sectors.
219     (b)  Leverage public and private sector funds for
220personnel, facilities, equipment, and other resources which
221support the research required to develop commercially viable,
222advanced, and innovative technologies and to transfer those
223technologies to commercial sectors.
224     (c)  Recruit and retain world class scholars, high-
225performing students, and leading scientists and engineers in
226technology disciplines to engage in research.
227     (d)  Enhance and expand technology curricula and laboratory
228resources at universities in this state.
229     (e)  Increase the number of high-performing students
230participating in related technological disciplines, graduating
231from Florida universities, and pursuing careers in this state.
232     (f)  Stimulate and support the inception, growth, and
233diversification of technology-based businesses and ventures in
234this state and increasing employment opportunities for the
235workforce needed to support such businesses.
236     (g)  Identify an articulation and coordination system for
237Florida aerospace industries, state government entities, and
238public and private universities in this state to develop new
239technologies that are responsive to market needs and to position
240the state for diversification of its space and defense
241industries.
242     (h)  Position the state to participate in a growing
243national space and defense market through the development of
244technology that enhances mission capability, is responsive to
245market opportunities, and maintains emerging and embryonic
246research for long-term market positioning.
247     (2)  The Office of Tourism, Trade, and Economic Development
248shall contract with the Florida Space Research Institute to
249assist in implementing the advanced space computing program.
250     (3)  By December 15, 2005, the Florida Space Research
251Institute shall designate an institute for advanced space
252computing and develop the institute's plan which fulfills the
253purposes of ss. 331.3685-331.3688.
254     (4)  The institute plan shall include performance and
255accountability measures that can be used to assess the progress
256of implementation, the success of the institute, and the use of
257state funds received via contract. By February 1, 2006, the
258Florida Space Research Institute shall provide a copy of the
259plan to the Governor, the President of the Senate, and the
260Speaker of the House of Representatives.
261     (5)  Beginning July 1, 2006, the Florida Space Research
262Institute shall prepare an advanced space computing report
263semiannually and submit it to the Office of Tourism, Trade, and
264Economic Development.
265     Section 6.  Sections 331.501, 331.502, 331.503, 331.504,
266331.505, 331.506, and 331.507, Florida Statutes, are created to
267read:
268     331.501  Florida Aerospace Infrastructure Act; popular
269name.--Sections 331.501-331.507 may be cited as the "Florida
270Aerospace Infrastructure Act."
271     331.502  Legislative findings and intent.--The Legislature
272finds that there is a critical need for capital assistance for
273aerospace business expansion, economic development, and
274financing of aerospace infrastructure. The aerospace industry in
275this state would be assisted by a program established to invest
276in projects proposed by state and private sector entities that
277provide clear economic benefit to the state and support the
278growth of the employment and technology base of the aerospace
279industry in Florida. It is the intention of the Legislature to
280provide funding to support the growth of the aerospace industry
281and related high-technology industries in this state.
282     331.503  Definitions.--For the purposes of ss. 331.501-
283331.501-331.507, the term:
284     (1)  "Aerospace industry" means the industry concerned with
285the design and manufacture of aircraft, rockets, missiles,
286spacecraft, satellites, space vehicles, space stations, or space
287and defense facilities, or components thereof, and equipment,
288systems, facilities, simulators, programs, and activities
289related thereto.
290     (2)  "Board" means the governing board of the Florida
291Aerospace Finance Corporation.
292     (3)  "Committee" means the Independent Investment Committee
293created in s. 331.505 to provide investment recommendations to
294the corporation for implementation.
295     (4)  "Corporation" means the Florida Aerospace Finance
296Corporation created by s. 331.407.
297     (5)  "Program" means the Florida Aerospace Infrastructure
298Program created in s. 331.504.
299     331.504  Florida Aerospace Infrastructure Program.--
300     (1)  The Florida Aerospace Infrastructure Program is
301created within the Florida Aerospace Finance Corporation to
302finance needed industry expansion and infrastructure projects
303which may be proposed by state aerospace-related organizations,
304the aerospace industry, or the sponsor of any aerospace-related
305economic development or technology investment activity involving
306aerospace business expansion and job retention. The program
307shall support the growth of the aerospace industry and related
308high-technology industries in this state.
309     (2)  The corporation shall administer the program with
310recommendations from the committee and subject to adequate due
311diligence and adherence to investment policies and procedures of
312the corporation.
313     (3)  The corporation shall ensure that:
314     (a)  Investment recommendations are implemented in
315accordance with the board's policies and procedures.
316     (b)  An investment account for future investments is
317established to receive deposits from the Office of Tourism,
318Trade, and Economic Development or other state, federal, or
319private entities and to make awards pursuant to program
320requirements.
321     (c)  The investment portfolio is monitored and reported
322quarterly to the committee, the corporation, Enterprise Florida,
323Inc., and the Office of Tourism, Trade, and Economic
324Development.
325     (4)(a)  The corporation may provide direct loans, loan
326guarantees, direct grants for advancement of intellectual
327property, and other investment participation as necessary to
328ensure success of total financings undertaken.
329     (b)  Investment proposals may not be made for operating
330expenses for any state activity, but shall be directed to the
331development of aerospace infrastructure, technology, and
332intellectual property that advances the capabilities of the
333aerospace industry in this state.
334     (c)  The corporation shall seek coinvestors in any
335investment transaction the corporation makes, ensuring that the
336corporation is not the sole investor in the transaction. The
337corporation may waive this provision if investment circumstances
338warrant such waiver.
339     (d)  The corporation shall not commit more than 20 percent
340of the funds in the investment pool to any single investment.
341     (e)  The corporation shall endeavor to leverage the
342investment account through use of loan guarantee capabilities of
343the Small Business Administration and other state and federal
344guarantee sources.
345     (f)  The corporation shall be reimbursed for reasonable
346costs of investment and fund administration, including legal,
347accounting, and other costs necessary to carry out its
348responsibilities in conducting due diligence and which are not
349otherwise reimbursed by the companies seeking or receiving
350investment, as well as those administrative costs incurred by
351the corporation in providing administrative services to the
352committee.
353     (g)  The corporation may not pledge or represent that the
354corporation is authorized to pledge the full faith and credit of
355the state.
356     (h)  The corporation shall adopt policies and procedures
357necessary to carry out its responsibilities under ss. 331.501-
358331.507, particularly with respect to the board's
359responsibilities in direct lending, loan support, or direct
360grant or capital investment for projects approved for support by
361the program. These policies shall be adopted prior to granting
362awards.
363     (i)  The corporation shall develop an application and
364review process for investment proposals submitted for
365consideration by the committee.
366     (j)  The corporation shall ensure that the program is open
367to aerospace entities that are domiciled in this state or are
368establishing facilities and infrastructure in the state
369resulting in employment and economic benefit to this state.
370     331.505  Independent Investment Committee.--
371     (1)  The Independent Investment Committee is created within
372the Florida Aerospace Finance Corporation.
373     (2)(a)  The committee shall consist of five voting members
374as follows:
375     1.  One representative or designee appointed by each of the
376following:
377     a.  The board of supervisors of the Florida Space
378Authority.
379     b.  The board of directors of Enterprise Florida, Inc.
380     c.  The board of directors of the Florida Aerospace Finance
381Corporation.
382     2.  Two representatives of the aerospace industry appointed
383by the Governor.
384     (b)  Each voting member shall serve a 3-year term and,
385except for the initial terms which shall begin upon appointment
386and terminate on June 30, 2008, shall begin on July 1. Members
387appointed pursuant to subparagraph (a)1. shall serve at the
388pleasure of the appointing authority. Members appointed pursuant
389to subparagraph (a)2. shall serve at the pleasure of the
390Governor. Initial appointments shall be made no later than 60
391days after July 1, 2005.
392     (c)  Committee members, if employed full time by any entity
393that applies for financial support, must disclose their related
394interest and recuse themselves from voting on that project.
395     (d)  All members must be residents of the state.
396     (e)  All members must have an investment, banking, or
397aerospace industry background.
398     (f)  Committee members shall serve without compensation but
399may be reimbursed for travel and per diem expenses incurred in
400the performance of board business and in accordance with
401policies and procedures established by the corporation's board
402and s. 112.061.
403     (3)  The committee shall:
404     (a)  Recommend evaluation criteria and monitoring
405requirements for proposals submitted to the program.
406     (b)  Recommend investment guidelines which ensure each
407proposed project is judged on its merit, its perceived need, and
408the investment return, benefit, or overall value to the
409aerospace industry capability, employment, technology, or
410infrastructure.
411     (c)  Receive proposals from any of the state aerospace
412entities, entities involved in economic development activities,
413or Florida-based aerospace corporations.
414     (d)  Review proposals and make recommendations to the
415corporation.
416     (e)  Review progress reports resulting from projects
417approved by the corporation.
418     (f)  Recommend and assist the corporation in reviewing,
419drafting, and executing any contracts or other instruments
420necessary for the corporation to exercise its powers.
421     (g)  Review whether appropriate investment and retention of
422the program's capital base or other benefits are realized
423through the investments of the program, except in the case of a
424grant or equity investment, which shall be made based on value
425received by the program.
426     331.506  Florida Aerospace Finance Corporation; tax-exempt
427status.--The Florida Aerospace Finance Corporation, as created
428by s. 331.407, is granted tax-exempt status. The corporation is
429not required to pay taxes on any project or other property owned
430by the corporation or upon any resulting income. All notes,
431mortgages, security agreements, letters of credit, or other
432instruments that arise out of or are given to secure the payment
433of debt issued in conjunction with a project financed under the
434corporation's authority are also free from taxation by the state
435or any other local unit, political subdivision, or
436instrumentality of the state. The tax exemption granted is not
437applicable to taxes imposed on interest, income, or profits on
438debt obligations owned by the corporation.
439     331.507  Annual report.--By December 31 of each year, the
440corporation shall submit to the Governor, the President of the
441Senate, the Speaker of the House of Representatives, the Senate
442Minority Leader, and the House Minority Leader a complete and
443detailed report on the Florida Aerospace Infrastructure Program
444in accordance with s. 331.419 and setting forth:
445     (1)  An evaluation of its activities and recommendations
446for change.
447     (2)  The program's impact on the participation of private
448banks and other private organizations and individuals in the
449corporation's financing programs, and other economic and social
450benefits to businesses in this state.
451     (3)  The program's assets and liabilities at the end of its
452most recent fiscal year.
453     Section 7.  The Office of Tourism, Trade, and Economic
454Development is authorized to expend funds from Fiscal Year 2005-
4552006 appropriations to implement the provisions of this act.
456     Section 8.  If any provision of this act or its application
457to any person or circumstance is held invalid, the invalidity
458does not affect other provisions or applications of this act
459which can be given effect without the invalid provision or
460application, and, to this end, the provisions of this act are
461declared severable.
462     Section 9.  This act shall take effect July 1, 2005.
463
464================= T I T L E  A M E N D M E N T =================
465     Remove the entire title and insert:
466
A bill to be entitled
467An act relating to the aerospace industry; creating the
468Commission on the Future of Space in Florida; providing
469for membership and organization of the commission;
470providing procedures for action by the commission;
471authorizing the commission to appoint an executive
472director; providing for administrative and staff
473assistance from the Office of Tourism, Trade, and Economic
474Development; providing for compensation of consultants;
475providing duties of the commission; requiring the
476commission to identify, examine, and review certain
477information related to aerospace and the aerospace
478industry; authorizing the commission to appoint technical
479advisory committees; authorizing reimbursement of travel
480expenses; requiring a certain number of meetings in
481various regions of the state; directing certain agencies
482and requesting other agencies to render assistance and
483cooperation; requiring preliminary and final reports;
484requiring the Office of Tourism, Trade, and Economic
485Development to prepare legislative recommendations
486consistent with the report; abolishing the commission;
487providing an expiration date; providing appropriations;
488creating s. 68.066, F.S.; providing requirements for
489actions based upon use of a creation that is not protected
490under federal copyright law; amending s. 331.405, F.S.;
491revising the definition of "aerospace" for purposes of
492provisions relating to the Florida Aerospace Finance
493Corporation; creating s. 196.1999, F.S.; providing for an
494exemption from ad valorem taxes for certain space
495laboratories and cargo carriers; providing for retroactive
496application; creating ss. 331.3685, 331.3686, 331.3687,
497and 331.3688, F.S.; providing a popular name; providing
498legislative findings and intent; providing a definition;
499creating the Institute for Advanced Space Computing
500Program within the Office of Tourism, Trade, and Economic
501Development; providing purposes and objectives; requiring
502the office to contract with the Florida Space Research
503Institute to assist in implementing the program; requiring
504the institute to designate an institute for advanced space
505computing and develop and approve a plan for allocating
506state appropriations for certain purposes; specifying plan
507requirements; requiring the institute to provide a copy of
508the plan to the Governor and Legislature; requiring a
509semiannual report to the office; creating ss. 331.501,
510331.502, 331.503, 331.504, 331.505, 331.506, and 331.507,
511F.S.; providing a popular name; providing legislative
512findings and intent; providing definitions; creating the
513Florida Aerospace Infrastructure Investment Program within
514the Florida Aerospace Finance Corporation; providing
515purposes; providing for funding the program; requiring the
516corporation to administer the program; providing
517requirements; providing the corporation with investment
518authorizations, criteria, requirements, and limitations;
519creating the Independent Investment Committee within the
520corporation; providing purposes of the committee;
521providing for appointment of committee members and
522criteria; providing for terms; requiring members to serve
523without compensation; providing for reimbursement of per
524diem and travel expenses; providing committee
525responsibilities; specifying tax-exempt status of the
526corporation; exempting the corporation from all state and
527local taxes; providing an exception; requiring the
528corporation to prepare and submit annual reports;
529providing requirements for such reports; authorizing the
530Office of Tourism, Trade, and Economic Development to
531expend certain funds; providing for severability;
532providing an effective date.


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