Florida Senate - 2006                        SENATOR AMENDMENT
    Bill No. HB 1489, 1st Eng.
                        Barcode 410942
                            CHAMBER ACTION
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       04/26/2006 03:00 PM         .                    
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11  Senator Posey moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         Delete everything after the enacting clause
15  
16  and insert:  
17         Section 1.  Section 331.301, Florida Statutes, is
18  amended to read:
19         331.301  Short title.--This act may be cited as the
20  "Space Florida Space Authority Act."
21         Section 2.  Section 331.3011, Florida Statutes, is
22  created to read:
23         331.3011  Legislative findings and intent.--
24         (1)  The Legislature finds and declares that the
25  aerospace industry of this state is integral to the state's
26  long-term success in diversifying its economy and building a
27  knowledge-based economy that is able to support the creation
28  of high value-added businesses and jobs. Further, under the
29  direction of Space Florida, this state has the opportunity to
30  strengthen its existing leadership in civil, commercial, and
31  military aerospace activity and emerge as a leader in the
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Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 nation's new vision for space exploration and commercial 2 aerospace opportunities, including the integration of space, 3 aeronautics, and aviation technologies. As the leading 4 location for talent, research, advanced technologies and 5 systems development, launch, and other aerospace-based 6 industry activities, this state can position itself for 7 sustainable economic growth and prosperity. 8 (2) The Legislature finds that attaining this vision 9 requires a strong public and private commitment to a world 10 class aerospace industry. It is the intent of the Legislature 11 that Space Florida will encourage the public and private 12 sectors to work together to implement an aggressive strategy 13 that enhances the state's workforce, education, and research 14 capabilities, with emphasis on mathematics, science, 15 engineering, and related fields; will focus on the state's 16 economic development efforts in order to capture a larger 17 share of activity in aerospace research, technology, 18 production, and commercial operations, while maintaining the 19 state's historical leadership in space launch activities; and 20 will preserve the unique national role served by the Cape 21 Canaveral Air Force Station and the John F. Kennedy Space 22 Center by reducing costs and improving the regulatory 23 flexibility for commercial sector launches while pursuing the 24 development of sites for commercial horizontal launches. 25 (3) It is the intent of the Legislature that aerospace 26 activities be highly visible and well-coordinated within this 27 state. To that end, it is the intent of the Legislature that 28 Space Florida will be the single point of contact for state 29 aerospace-related activities with federal agencies, the 30 military, state agencies, businesses, and the private sector. 31 Section 3. Section 331.302, Florida Statutes, is 2 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 amended to read: 2 (Substantial rewording of section. See 3 s. 331.302, F.S., for present text.) 4 331.302 Space Florida; creation; purpose.-- 5 (1) There is established, formed, and created Space 6 Florida, which is created as an independent special district, 7 a body politic and corporate, and a subdivision of the state, 8 to foster the growth and development of a sustainable and 9 world-leading aerospace industry in this state. Space Florida 10 shall promote aerospace business development by facilitating 11 business financing, spaceport operations, research and 12 development, workforce development, and innovative education 13 programs. Space Florida has all the powers, rights, 14 privileges, and authority as provided under the laws of this 15 state. 16 (2) In carrying out its duties and responsibilities, 17 Space Florida shall advise, coordinate, cooperate, and, when 18 necessary, enter into memoranda of agreement with 19 municipalities, counties, regional authorities, state agencies 20 and organizations, appropriate federal agencies and 21 organizations, and other interested persons and groups. 22 (3) Space Florida may not endorse any candidate for 23 any elected public office or contribute money to the campaign 24 of any candidate for public office. 25 (4) Space Florida is not an agency as defined in ss. 26 216.011 and 287.012. 27 (5) Space Florida is subject to applicable provisions 28 of chapter 189. To the extent that any provisions of chapter 29 189 conflict with this act, this act shall prevail. 30 Section 4. Section 331.303, Florida Statutes, is 31 amended to read: 3 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 331.303 Definitions.-- 2 (1) "Aerospace" means the industry that designs and 3 manufactures aircraft, rockets, missiles, spacecraft, 4 satellites, space vehicles, space stations, space facilities 5 or components thereof, and equipment, systems, facilities, 6 simulators, programs, and related activities, including, but 7 not limited to, the application of aerospace technologies in 8 air-based, land-based, and sea-based platforms for commercial, 9 civil, and defense purposes. "Authority" means the Florida 10 Space Authority created by this act. 11 (2) "Board" or "board of directors supervisors" means 12 the governing body of Space Florida the authority. 13 (3) "Bonds" means revenue bonds, assessment bonds, or 14 other bonds or obligations issued by Space Florida the 15 authority for the purpose of raising financing for its 16 projects. 17 (4) "Business client" means any person, other than a 18 state official or state employee, who receives the services 19 of, or is the subject of solicitation by, representatives of 20 Space Florida the authority in connection with the performance 21 of its statutory duties, including purchasers or prospective 22 purchasers of Space Florida authority services, persons or 23 representatives of firms considering or being solicited for 24 investment in Space Florida authority projects, persons or 25 representatives of firms considering or being solicited for 26 location, relocation, or expansion of an aerospace-related a 27 space-related business within the state, and business, 28 financial, or other persons connected with the aerospace space 29 industry. 30 (5) "Complementary activity" means any space business 31 incubator, space tourism activity, educational involvement in 4 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 an incubator, or space tourism and space-related research and 2 development. 3 (6) "Conduit bond" means any bond of the authority 4 which is a nonrecourse obligation of the authority payable 5 from the proceeds of such bonds and related financing 6 agreements. 7 (5)(7) "Cost" means all costs, fees, charges, 8 expenses, and amounts associated with the development of 9 complementary projects by Space Florida the authority. 10 (6)(8) "Entertainment expenses" means the actual, 11 necessary, and reasonable costs of providing hospitality for 12 business clients or guests, which costs are defined and 13 prescribed by rules adopted by Space Florida the authority, 14 subject to approval by the Chief Financial Officer. 15 (9) "Federal aid" means any property, funding, or 16 other financial assistance provided by the Federal Government 17 to the authority for its projects. 18 (7)(10) "Financing agreement" means a lease, 19 lease-purchase agreement, lease with option to purchase, sale 20 or installment sale agreement, whether title passes in whole 21 or in part at any time before prior to, at, or after 22 completion of the project, loan agreement, or other agreement 23 forming the basis for the financing under this act, including 24 any agreements, guarantees, or security instruments forming 25 part of or related to providing assurance of payment of the 26 obligations under the such financing agreement. 27 (8)(11) "Guest" means a person, other than a state 28 official or state employee, authorized by the board or its 29 designee to receive the hospitality of Space Florida the 30 authority in connection with the performance of its statutory 31 duties. 5 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (9)(12) "Landing area" means the geographical area 2 designated by Space Florida the authority within the 3 spaceport territory for or intended for the landing and 4 surface maneuvering of any launch or other space vehicle. 5 (10)(13) "Launch pad" means any launch pad, runway, 6 airstrip, or similar facility used by the spaceport or 7 spaceport user for launching of space vehicles. 8 (11)(14) "Payload" means any property or cargo to be 9 transported aboard any vehicle launched by or from the 10 spaceport. 11 (12)(15) "Person" means any individual, child, 12 community college, college, university, firm, association, 13 joint venture, partnership, estate, trust, business trust, 14 syndicate, fiduciary, corporation, nation, government 15 (federal, state, or local), agency (government or other), 16 subdivision of the state, municipality, county, business 17 entity, or any other group or combination. 18 (13)(16) "Project" means any activity associated with 19 any development, improvement, property, launch, utility, 20 facility, system, works, road, sidewalk, enterprise, service, 21 or convenience, which may include coordination with federal 22 and state partners or agencies Enterprise Florida, Inc., the 23 Board of Education, the Florida Aerospace Finance Corporation, 24 and the Florida Space Research Institute; any rocket, capsule, 25 module, launch facility, assembly facility, operations or 26 control facility, tracking facility, administrative facility, 27 or any other type of aerospace-related space-related 28 transportation vehicle, station, or facility; any type of 29 equipment or instrument to be used or useful in connection 30 with any of the foregoing; any type of intellectual property 31 and intellectual property protection in connection with any of 6 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 the foregoing including, without limitation, any patent, 2 copyright, trademark, and service mark for, among other 3 things, computer software; any water, wastewater, gas, or 4 electric utility system, plant, or distribution or collection 5 system; any small business incubator initiative, including any 6 startup aerospace company, and any aerospace business 7 proposing to expand or locate its business in this state, 8 research and development company, research and development 9 facility, education and workforce training facility, storage 10 facility, and consulting service; or any tourism initiative, 11 including any space experience attraction, microgravity flight 12 program, aerospace launch-related space-launch-related 13 activity, and space museum sponsored or promoted by Space 14 Florida the authority. 15 (14)(17) "Range" means the geographical area 16 designated by Space Florida the authority or other 17 appropriate body as the area for the launching of rockets, 18 missiles, launch vehicles, and other vehicles designed to 19 reach high altitude. 20 (15)(18) "Recovery" means the recovery of space 21 vehicles and payloads which have been launched from or by a 22 the spaceport. 23 (16)(19) "Spaceport" means any area of land or water, 24 or any manmade object or facility located therein, developed 25 by Space Florida the authority under this act, which area is 26 intended for public use or for the launching, takeoff, and 27 landing of spacecraft and aircraft, and includes any 28 appurtenant areas which are used or intended for public use, 29 for spaceport buildings, or for other spaceport facilities, 30 spaceport projects, or rights-of-way. 31 (20) "Spaceport Florida" means the authority or its 7 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 facilities and projects. 2 (17)(21) "Spaceport launch facilities" means shall be 3 defined as industrial facilities as described in accordance 4 with s. 380.0651(3)(c) and include any launch pad, launch 5 control center, and fixed launch-support equipment. 6 (22) "Spaceport system" means the programs, 7 organizations, and infrastructure developed by the authority 8 for the development of facilities or activities to enhance and 9 provide commercial space-related development opportunities for 10 business, education, and government within the state. 11 (18)(23) "Spaceport territory" means the geographical 12 area designated in s. 331.304 and as amended or changed in 13 accordance with s. 331.329. 14 (19)(24) "Spaceport user" means any person who uses 15 the facilities or services of any spaceport; and, for the 16 purposes of any exemptions or rights granted under this act, 17 the said spaceport user shall be deemed a spaceport user only 18 during the time period in which the such person has in effect 19 a contract, memorandum of understanding, or agreement with the 20 spaceport, and such rights and exemptions shall be granted 21 with respect to transactions relating only to spaceport 22 projects. 23 (20)(25) "Travel expenses" means the actual, 24 necessary, and reasonable costs of transportation, meals, 25 lodging, and incidental expenses normally incurred by a 26 traveler, which costs are defined and prescribed by rules 27 adopted by Space Florida the authority, subject to approval by 28 the Chief Financial Officer. 29 (21)(26) "Spaceport discretionary capacity improvement 30 projects" means capacity improvements that enhance space 31 transportation capacity at spaceports that have had one or 8 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 more orbital or suborbital flights during the previous 2 calendar year or have an agreement in writing for installation 3 of one or more regularly scheduled orbital or suborbital 4 flights upon the commitment of funds for stipulated spaceport 5 capital improvements. 6 Section 5. Section 331.305, Florida Statutes, is 7 amended to read: 8 331.305 Powers of Space Florida the authority.--Space 9 Florida may The authority shall have the power to: 10 (1) Exercise all powers granted to corporations under 11 the Florida Business Corporation Act, chapter 607. 12 (1)(2) Sue and be sued by its name in any court of law 13 or in equity. 14 (2)(3) Adopt and use a corporate seal and alter the 15 same at pleasure. 16 (3) Conduct its affairs, carry on its operations, and 17 have offices and exercise the powers granted by this act in 18 any state, territory, district, or possession of the United 19 States or any foreign country. 20 (4) Acquire, enjoy, use, and dispose of patents, 21 copyrights, and trademarks and any licenses and other rights 22 or interests under or in such licenses. 23 (5) Purchase, take, receive, subscribe for, or 24 otherwise acquire, own, hold, vote, use, employ, sell, 25 mortgage, lend, pledge, or otherwise dispose of and otherwise 26 use and deal in and with shares and other interests in, or 27 obligations of, other domestic or foreign corporations, 28 whether for profit or not for profit, associations, 29 partnerships, or individuals, or direct or indirect 30 obligations of the United States, or of any other government, 31 state, territory, governmental district, municipality, or of 9 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 any instrumentality of such governmental units. 2 (6) Lend money for its purposes, invest and reinvest 3 its funds, and take and hold real and personal property as 4 security for the payment of funds loaned. 5 (7) Have and exercise all powers necessary or 6 convenient to effect any or all of the purposes for which it 7 is organized. 8 (4) Review and make recommendations with respect to a 9 strategy to guide and facilitate the future of space-related 10 educational and commercial development. The authority shall in 11 coordination with the Federal Government, private industry, 12 and Florida universities develop a business plan which shall 13 address the expansion of Spaceport Florida locations, space 14 launch capacity, spaceport projects, and complementary 15 activities, which shall include, but not be limited to, a 16 detailed analysis of: 17 (a) The authority and the commercial space industry. 18 (b) Products, services description--potential, 19 technologies, skills. 20 (c) Market research and evaluation--customers, 21 competition, economics. 22 (d) Marketing plan and strategy. 23 (e) Design and development plan--tasks, difficulties, 24 costs. 25 (f) Manufacturing locations, facilities, and 26 operations plan. 27 (g) Management organization--roles and 28 responsibilities. 29 (h) Overall schedule (monthly). 30 (i) Important risks, assumptions, and problems. 31 (j) Community impact--economic, human development, 10 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 community development. 2 (k) Financial plan (monthly for first year; quarterly 3 for next 3 years). 4 (l) Proposed authority offering--financing, 5 capitalization, use of funds. 6 (8)(5) Acquire property, real, personal, intangible, 7 tangible, or mixed, within or without its territorial limits, 8 in fee simple or any lesser interest or estate, by purchase, 9 gift, devise, or lease, on such terms and conditions as the 10 board may deem necessary or desirable, and sell or otherwise 11 dispose of the same and of any of the assets and properties of 12 Space Florida the authority . 13 (9)(6) Make and execute any and all contracts and 14 other instruments necessary or convenient to the exercise of 15 its powers, including financing agreements with persons or 16 spaceport users to facilitate the financing, construction, 17 leasing, or sale of any project. 18 (10)(7) Whenever deemed necessary by the board, lease 19 as lessor or lessee to or from any person, public or private, 20 any facilities or property for the use of Space Florida the 21 authority and carry out any of the purposes of Space Florida 22 the authority. 23 (8) Appoint, through its board of supervisors, an 24 executive director. 25 (11)(9) Own, acquire, construct, develop, create, 26 reconstruct, equip, operate, maintain, extend, and improve 27 launch pads, landing areas, ranges, payload assembly 28 buildings, payload processing facilities, laboratories, 29 aerospace space business incubators, launch vehicles, 30 payloads, space flight hardware, facilities and equipment for 31 the construction of payloads, space flight hardware, rockets, 11 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 and other launch vehicles, and other spaceport facilities and 2 other aerospace-related space-related systems, including 3 educational, cultural, and parking facilities and 4 aerospace-related space-related initiatives. 5 (10) Undertake a program of advertising to the public 6 promoting space-related businesses or any spaceport projects 7 of the authority, and expend moneys and undertake such 8 activities to carry out such advertising and promotional 9 program as the board from time to time may determine. 10 (12)(11) Own, acquire, construct, reconstruct, equip, 11 operate, maintain, extend, or and improve transportation 12 facilities appropriate to meet the transportation requirements 13 of Space Florida the authority and activities conducted within 14 the spaceport territory. 15 (13)(12) Own, acquire, construct, reconstruct, equip, 16 operate, maintain, extend, or and improve electric power 17 plants, transmission lines and related facilities, gas mains 18 and facilities of any nature for the production or 19 distribution of natural gas, transmission lines and related 20 facilities and plants and facilities for the generation and 21 transmission of power through traditional and new and 22 experimental sources of power and energy; purchase electric 23 power, natural gas, and other sources of power for 24 distribution within any spaceport territory; develop and 25 operate water and sewer systems and waste collection and 26 disposal consistent with chapter 88-130, Laws of Florida; and 27 develop and operate such new and experimental public 28 utilities, including, but not limited to, centrally 29 distributed heating and air-conditioning facilities and 30 services, closed-circuit television systems, and computer 31 services and facilities, as the board may from time to time 12 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 determine. However, Space Florida may the authority shall not 2 construct any system, work, project, or utility authorized to 3 be constructed under this paragraph in the event that a 4 system, work, project, or utility of a similar character is 5 being actually operated by a municipality or private company 6 in the municipality or territory adjacent thereto, unless such 7 municipality or private company consents to such construction. 8 (14)(13) Designate, set aside, and maintain lands and 9 areas within or without the territorial limits of any 10 spaceport territory as conservation areas or bird and wildlife 11 sanctuaries; stock such areas with animal and plant life and 12 stock water areas with fish and other aquatic life; adopt 13 pursuant to ss. 120.536(1) and 120.54 promulgate and enforce 14 rules and regulations with respect thereto and protect and 15 preserve the natural beauty thereof; and do all acts necessary 16 or desirable in order to qualify such lands and areas as 17 conservation areas and sanctuaries under any of the laws of 18 the state or under federal law. 19 (15)(14) Establish a program for the control, 20 abatement, and elimination of mosquitoes and other noxious 21 insects, rodents, reptiles, and other pests throughout the 22 spaceport territory and undertake such works and construct 23 such facilities within or without the spaceport territory as 24 may be determined by the board to be needed to effectuate such 25 program; abate and suppress mosquitoes and other arthropods, 26 whether disease-bearing or pestiferous, within any spaceport 27 territory when in the judgment of the board such action is 28 necessary or desirable for the health and welfare of the 29 inhabitants of or visitors to any spaceport; and take any and 30 all temporary or permanent eliminative measures that the board 31 may deem advisable. The Legislature hereby finds and declares 13 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Space Florida the authority eligible to receive state funds, 2 supplies, services, and equipment available or that may in the 3 future become available to mosquito or pest control districts, 4 the provisions of s. 388.021 notwithstanding. 5 (16)(15) Subject to the rules and regulations of the 6 appropriate water management district, own, acquire, 7 construct, reconstruct, equip, maintain, operate, extend, and 8 improve water and flood control facilities. The Legislature 9 hereby finds and declares Space Florida the authority eligible 10 to receive moneys, disbursements, and assistance from the 11 state available to flood control or water management districts 12 and navigation districts or agencies. 13 (17)(16) Own, acquire, construct, reconstruct, equip, 14 maintain, operate, extend, and improve public safety 15 facilities for the spaceport, including security stations, 16 security vehicles, fire stations, water mains and plugs, and 17 fire trucks and other vehicles and equipment; hire employees, 18 security officers, and firefighters; and undertake such works 19 and construct such facilities determined by the board to be 20 necessary or desirable to promote and ensure public safety 21 within the spaceport territory. 22 (18)(17) Hire, through its president executive 23 director, a safety officer with substantial experience in 24 public safety procedures and programs for space vehicle 25 launching and related hazardous operations. The safety officer 26 shall monitor and report on the safety and hazards of 27 ground-based space operations to the president executive 28 director. 29 (18) Establish a personnel management system for 30 hiring employees and setting employee benefit packages. The 31 personnel of the authority shall not be considered to be 14 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 within the state employment system. 2 (19) Establish procedures, rules, and rates governing 3 per diem and travel expenses of its employees, the members of 4 the board of supervisors, and other persons authorized by the 5 board to incur such expenses. Except as otherwise provided in 6 s. 331.3101, such rules are subject to provisions of state law 7 or rules pertaining to per diem and travel expenses of public 8 officers, employees, or other persons authorized by an agency 9 head to incur such expenses. 10 (19)(20) Examine, develop, and use utilize new 11 concepts, designs, and ideas; own, acquire, construct, 12 reconstruct, equip, operate, maintain, extend, and improve 13 experimental spaceport facilities and services; and otherwise 14 undertake, sponsor, finance, and maintain such research 15 activities, experimentation, and development as the board may 16 from time to time determine, in connection with any of the 17 projects that Space Florida the authority is authorized to 18 undertake pursuant to the powers and authority vested in it by 19 this act, and in order to promote the development and 20 utilization of new concepts, designs, and ideas in the fields 21 of space exploration, commercialization of the space industry, 22 and spaceport facilities. 23 (20)(21) Issue revenue bonds, assessment bonds, or any 24 other bonds or obligations authorized by the provisions of 25 this act or any other law, or any combination of the 26 foregoing, and pay all or part of the cost of the acquisition, 27 construction, reconstruction, extension, repair, improvement, 28 or maintenance of any project or combination of projects, 29 including payloads and space flight hardware, and equipment 30 for research, development, and educational activities, to 31 provide for any facility, service, or other activity of Space 15 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Florida the authority, and provide for the retirement or 2 refunding of any bonds or obligations of Space Florida the 3 authority, or for any combination of the foregoing purposes. 4 Space Florida The authority must provide 14 days' notice to 5 the presiding officers and appropriations chairs of both 6 houses of the Legislature prior to presenting a bond proposal 7 to the Governor and Cabinet. If either presiding officer or 8 appropriations chair objects to the bonding proposal within 9 the 14-day-notice period, the bond issuance may be approved 10 only by a vote of three-fourths two-thirds of the members of 11 the Governor and Cabinet. 12 (21)(22) Make expenditures for entertainment and 13 travel expenses and business clients, guests, and other 14 authorized persons as provided in this act. 15 (22)(23) In connection with any financing agreement, 16 fix and collect fees, loan payments, rental payments, and 17 other charges for the use of any project in such amount as to 18 provide sufficient moneys to pay the principal of and interest 19 on bonds as the same shall become due and payable, if so 20 provided in the bond resolution or trust agreement, and to 21 create reserves for such purposes. The fees, rents, payments, 22 and charges and all other revenues and proceeds derived from 23 the project in connection with which the bonds of any issue 24 shall have been issued, except such part thereof as may be 25 necessary for such reserves or any expenditures as may be 26 provided in the resolution authorizing the issuance of the 27 bonds or in the trust agreement securing the same, shall be 28 set aside, at the time as may be specified in the resolution 29 or trust agreement, in a sinking fund which may be pledged to 30 and charged with the payment of the principal of and the 31 interest on such bonds as the same shall become due and the 16 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 redemption price or the purchase price of bonds retired by 2 call or purchase as therein provided. Such pledge is shall be 3 valid and binding from the time the pledge is made. The fees, 4 rents, charges, and other revenues and moneys so pledged and 5 thereafter received by or on behalf of Space Florida the 6 authority shall immediately be subject to the lien of any such 7 pledge without any physical delivery thereof or further act, 8 and the lien of any such pledge is shall be valid and binding 9 as against all parties having claims of any kind in tort, 10 contract, or otherwise against Space Florida the authority, 11 irrespective of whether such parties have notice thereof. 12 Neither the resolution nor any trust agreement by which a 13 pledge is created need be filed or recorded, except in the 14 records of Space Florida the authority. The use and 15 disposition of money to the credit of the sinking fund shall 16 be subject to the provisions of the resolution authorizing the 17 issuance of such bonds or the provisions of such trust 18 agreement. 19 (24) Exercise the right and power of eminent domain in 20 spaceport territory as defined in s. 331.304. In exercising 21 such power, the authority shall comply with the procedures and 22 requirements of chapters 73 and 74. 23 Section 6. Section 331.3051, Florida Statutes, is 24 created to read: 25 331.3051 Duties of Space Florida.--Space Florida 26 shall: 27 (1) Create a business plan to foster the growth and 28 development of the aerospace industry. The business plan must 29 address business development; finance; spaceport operations; 30 research and development; workforce development; and 31 education. The business plan must be completed by March 1, 17 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 2007, and be revised when determined as necessary by the 2 board. 3 (2) Enter into agreement with the Department of 4 Education, the Department of Transportation, Enterprise 5 Florida, Inc., and Workforce Florida, Inc., for the purpose of 6 implementing this act. 7 (3) In cooperation with Enterprise Florida, Inc., 8 develop a plan to retain, expand, attract, and create 9 aerospace industry entities, public or private, which results 10 in the creation of high-value-added businesses and jobs in 11 this state. 12 (4) Create a marketing campaign to help attract, 13 develop, and retain aerospace businesses, aerospace research 14 and technology, and other related activities in this state. 15 Space Florida shall attempt to coordinate the campaign with 16 existing economic-development-promotion efforts in this state 17 and may use private resources. Marketing strategies may 18 include developing promotional materials, Internet and print 19 advertising, public relations and media placement, trade show 20 attendance, and other activities. 21 (5) Consult with the Florida Commission on Tourism in 22 developing a space tourism marketing plan. Space Florida and 23 the Florida Commission on Tourism may enter into a mutually 24 beneficial agreement that provides funding to the commission 25 for its services to implement this subsection. 26 (6) Develop, in cooperation with Enterprise Florida, 27 Inc., a plan to provide financing assistance to aerospace 28 businesses. The plan may include the following activities: 29 (a) Assembling, publishing, and disseminating 30 information concerning financing opportunities and techniques 31 for aerospace projects, programs, and activities; sources of 18 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 public and private aerospace financing assistance; and sources 2 of aerospace-related financing. 3 (b) Organizing, hosting, and participating in seminars 4 and other forums designed to disseminate information and 5 technical assistance regarding aerospace-related financing. 6 (c) Coordinating with programs and goals of the 7 Department of Defense, the National Aeronautics and Space 8 Administration, the Export-Import Bank of the United States, 9 the International Trade Administration of the United States 10 Department of Commerce, the Foreign Credit Insurance 11 Association, and other private and public programs and 12 organizations, domestic and foreign. 13 (d) Establishing a network of contacts among those 14 domestic and foreign public and private organizations that 15 provide information, technical assistance, and financial 16 support to the aerospace industry. 17 (e) Financing aerospace business development projects 18 or initiatives using funds provided by the Legislature. 19 (7) Carry out its responsibilities for spaceport 20 operations by: 21 (a) Seeking federal support and developing 22 partnerships to renew and upgrade the infrastructure and 23 technologies at the Cape Canaveral Air Force Station, the John 24 F. Kennedy Space Center, and the Eastern Range that will 25 enhance space and military programs of the Federal Government, 26 and improve access for commercial launch activities. 27 (b) Supporting federal efforts to clarify roles and 28 responsibilities of federal agencies and eliminate duplicative 29 federal rules and policies, in an effort to streamline access 30 for commercial launch users. 31 (c) Pursuing the development of commercial spaceports 19 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 in the state, in addition to those defined in s. 331.304, 2 through a competitive request for proposals in partnership 3 with counties or municipalities, the Federal Government, or 4 private entities. 5 (d) Promoting and facilitating launch activity within 6 the state by supporting and assisting commercial launch 7 operators in completing and submitting required documentation 8 and gaining approvals and authorization from the required 9 federal agencies for launching from Florida. 10 (e) Consulting, as necessary, with the appropriate 11 federal, state, and local authorities, including the National 12 Aeronautics and Space Administration, the Federal Aviation 13 Administration, the Department of Defense, the Department of 14 Transportation, the Florida National Guard, and industry on 15 all aspects of establishing and operating spaceport 16 infrastructure and related facilities within the state. 17 (8) Carry out its responsibility for research and 18 development by: 19 (a) Contracting for the operations of the state's 20 Space Life Sciences Laboratory. 21 (b) Working in collaboration with one or more public 22 or private universities and other public or private entities 23 to develop a proposal for a Center of Excellence for Aerospace 24 that will foster and promote the research necessary to develop 25 commercially promising, advanced, and innovative science and 26 technology and will transfer those discoveries to the 27 commercial sector. 28 (9) Carry out its responsibility for workforce 29 development by coordinating with Workforce Florida, Inc., 30 community colleges, colleges, public and private universities, 31 and other public and private partners to develop a plan to 20 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 retain, train, and retrain workers, from entry-level skills 2 training through to technician-level, and 4-year degrees and 3 higher, with the skills most relevant to aerospace employers. 4 (10) Carry out its responsibility for creating 5 innovative education programs by funding programs developed in 6 conjunction with the Department of Education that target 7 grades K-20 in an effort to promote mathematics and science 8 education programs, which may include the Florida-NASA 9 Matching Grant Program, aerospace-focused education programs 10 for teachers, education-oriented microgravity flight programs 11 for teachers and students, and Internet-based aerospace 12 education. Funds appropriated and any in-kind or 13 private-sector contributions may be used to carry out 14 innovative education programs. Funding levels shall be 15 determined by the Space Florida board of directors. In its 16 annual report, Space Florida shall include, at a minimum, a 17 description of programs funded, the number of students served, 18 and private-sector support. 19 (11) Annually report on its performance with respect 20 to its business plan, to include finance, spaceport 21 operations, research and development, workforce development, 22 and education. The report shall be submitted to the Governor, 23 the President of the Senate, and the Speaker of the House of 24 Representatives no later than September 1 for the prior fiscal 25 year. 26 Section 7. Section 331.306, Florida Statutes, is 27 amended to read: 28 331.306 Federal airspace notification.--In accordance 29 coordination with Federal Aviation Administration procedures 30 the Florida Department of Transportation, Space Florida the 31 authority shall develop and file the appropriate federal 21 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 airspace notification to activate special-use airspace in 2 support of its launch operations required for priority 3 airspace use . 4 Section 8. Section 331.308, Florida Statutes, is 5 amended to read: 6 331.308 Board of directors supervisors.-- 7 (1) Space Florida shall be governed by a board of 8 directors. Designees of appointed members do not have voting 9 authority. The board of directors shall consist of the 10 following members: 11 (a) The Governor. 12 (b) The Secretary of Transportation or the secretary's 13 designee. 14 (c) The president of Workforce Florida, Inc., or the 15 president's designee. 16 (d) The president of Enterprise Florida, Inc., or the 17 president's designee. 18 (e) The Commissioner of Education or the 19 commissioner's designee. 20 (f) Twelve members from the private sector, one of 21 whom shall be a representative of organized labor with 22 professional experience in the aerospace industry, appointed 23 by the Governor. In making these appointments, the Governor 24 shall ensure that the composition of the board reflects the 25 diversity of the aerospace industry community of this state 26 and, to the greatest degree possible, that the composition of 27 the board includes, but is not limited to, at least one 28 individual from each of the industries of business, finance, 29 marketing, space, aerospace, aviation, defense, research and 30 development, and education. The Governor shall also consider 31 whether the current members of the board, together with 22 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 potential appointees, reflect the racial, ethnic, and gender 2 diversity, as well as the geographic distribution, of the 3 population of the state. 4 (g) Two ex officio, nonvoting members, one of whom 5 shall be a member of the Senate, selected by the President of 6 the Senate, and one of whom shall be a member of the House of 7 Representatives, selected by the Speaker of the House of 8 Representatives. 9 (2)(a) Vacancies on the board shall be filled for the 10 unexpired term in the same manner as the original appointments 11 to the board. 12 (b) Each member of the board of directors shall serve 13 for a term of 4 years, except that the initial terms shall be 14 staggered. 15 1. The Governor shall appoint two members for a 1-year 16 term, four members for 2-year terms, and six members for 17 4-year terms. 18 2. The appointees of the President of the Senate and 19 the Speaker of the House of Representatives shall serve at the 20 pleasure of thier presiding officers. 21 (c) Any member is eligible for reappointment. 22 (3) Appointed members may be removed by the Governor 23 for cause. Absence from three consecutive meetings without 24 good cause shall result in automatic removal by the Governor. 25 (4) All private sector members are subject to 26 confirmation by the Senate at the next regular session of the 27 Legislature. 28 (5) The Governor shall serve as chair of the board of 29 directors. The board of directors shall biennially elect one 30 of its private sector members as vice chair to serve in the 31 absence of the Governor and to perform such other duties as 23 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 may be designated. The president shall keep a record of the 2 proceedings of the board of directors and shall be the 3 custodian of all books, documents, and papers filed with the 4 board of directors, the minutes of the board of directors, and 5 the official seal of Space Florida. 6 (6) The board of directors shall meet at least four 7 times each year, upon the call of the chair, at the request of 8 the vice chair, or at the request of a majority of the 9 membership. A majority of the total number of current voting 10 directors shall constitute a quorum. The board of directors 11 may take official action by a majority vote of the members 12 present at any meeting at which a quorum is present. 13 (7) Members of the board of directors shall serve 14 without compensation, but members, the president, and staff 15 may be reimbursed for all reasonable, necessary, and actual 16 expenses, as determined by the board of directors of Space 17 Florida pursuant to s. 112.061. 18 (8) Each member of the board of directors of Space 19 Florida who is not otherwise required to file financial 20 disclosure pursuant to s. 8, Art. II of the State Constitution 21 or s. 112.3144, shall file disclosure of financial interests 22 pursuant to s. 112.3145. There is created within the Florida 23 Space Authority a board of supervisors consisting of eight 24 regular members, who shall be appointed by the Governor, and 25 two ex officio nonvoting members, one of whom shall be a state 26 senator selected by the President of the Senate and one of 27 whom shall be a state representative selected by the Speaker 28 of the House of Representatives. The Lieutenant Governor, who 29 is the state's space policy leader, shall serve as chair of 30 the board of supervisors, and shall cast the deciding vote if 31 the votes of the eight regular members result in a tie. The 24 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 board shall elect a vice chair to preside in the absence of 2 the Lieutenant Governor and to perform such other duties as 3 may be designated. All regular members shall be subject to 4 confirmation by the Senate at the next regular session of the 5 Legislature. Existing board members are not prohibited from 6 reappointment. Each of the regular board members must be a 7 resident of the state and must have experience in the 8 aerospace or commercial space industry or in finance or have 9 other significant relevant experience. A private sector legal 10 entity may not have more than one person serving on the board 11 at any one time. One regular member shall represent organized 12 labor interests, one regular member shall represent minority 13 interests, and four regular members must represent space 14 industry, at least one of whom must also be from a small 15 business, as defined in s. 288.703. For the purpose of this 16 section, "space industry" includes private sector entities 17 engaged in space flight business, as defined in s. 212.031, 18 research and technology development of space-based products 19 and services, space station commercialization, development of 20 spaceport and range technology, remote sensing products and 21 services, space biotechnology, measurement and calibration of 22 space assets, space-related software and information 23 technology development, design and architecture of space-based 24 assets and facilities for manufacturing and other purposes, 25 space-related nanotechnology, space tourism, and other 26 commercial enterprises utilizing uniquely space-based 27 capabilities. 28 (2) Each regular member shall serve a term of 4 years 29 or until a successor is appointed and qualified. The term of 30 each such member shall be construed to commence on the date of 31 appointment and to terminate on June 30 of the year of the end 25 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 of the term. Appointment to the board shall not preclude any 2 such member from holding any other private or public position. 3 (3) The ex officio nonvoting legislative members shall 4 serve on the board for 2-year terms. 5 (4) Any vacancy on the board shall be filled for the 6 balance of the unexpired term. 7 (5) The board shall appoint an executive director. 8 Meetings shall be held quarterly or more frequently at the 9 call of the chair. A majority of the regular members of the 10 board shall constitute a quorum, and a majority vote of such 11 members present is necessary for any action taken by the 12 board. 13 (6) The Governor has the authority to remove from the 14 board any regular member in the manner and for cause as 15 defined by the laws of this state and applicable to situations 16 that may arise before the board. Unless excused by the chair 17 of the board, a regular member's absence from two or more 18 consecutive board meetings creates a vacancy in the office to 19 which the member was appointed. 20 Section 9. Section 331.309, Florida Statutes, is 21 amended to read: 22 331.309 Treasurer; depositories; fiscal agent.-- 23 (1) The board shall designate an individual who is a 24 resident of the state, or a qualified public depository as 25 defined in s. 280.02, as treasurer of Space Florida the 26 authority, who shall have charge of the funds of Space Florida 27 the authority. Such funds shall be disbursed only upon the 28 order of or pursuant to the resolution of the board by 29 warrant, check, authorization, or direct deposit pursuant to 30 s. 215.85, signed or authorized by the treasurer or his or her 31 representative or by such other persons as may be authorized 26 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 by the board. The board may give the treasurer such other or 2 additional powers and duties as the board may deem appropriate 3 and shall establish the treasurer's compensation. The board 4 may require the treasurer to give a bond in such amount, on 5 such terms, and with such sureties as may be deemed 6 satisfactory to the board to secure the performance by the 7 treasurer of his or her powers and duties. The board shall 8 audit or have audited the books of the treasurer at least once 9 a year. 10 (2) The board is authorized to select as depositories 11 in which the funds of the board and of Space Florida the 12 authority shall be deposited any qualified public depository 13 as defined in s. 280.02, upon such terms and conditions as to 14 the payment of interest by such depository upon the funds so 15 deposited as the board may deem just and reasonable. Funds of 16 the authority may also be deposited with the Florida 17 Commercial Space Financing Corporation created by s. 331.407. 18 The funds of Space Florida the authority may be kept in or 19 removed from the State Treasury upon written notification from 20 the chair of the board to the Chief Financial Officer. 21 (3) The board may employ a fiscal agent, who shall be 22 either a resident of the state or a corporation organized 23 under the laws of this or any other state and authorized by 24 such laws to act as such fiscal agent in the state. 25 Section 10. Section 331.310, Florida Statutes, is 26 amended to read: 27 331.310 Powers and duties of the board of directors 28 supervisors.--Except as otherwise provided in this act, all of 29 the powers and duties of the authority shall be exercised by 30 and through the board of supervisors, including the power and 31 duty to: 27 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (1) The board of directors may: Adopt bylaws, rules, 2 resolutions, and orders prescribing the powers, duties, and 3 functions of the officers of the authority, the conduct of the 4 business of the authority, the maintenance of records, and the 5 form of all documents and records of the authority. The board 6 may adopt administrative rules and regulations with respect to 7 any of the projects of the authority, with notice and public 8 hearing. 9 (2) Maintain an executive office and authority offices 10 in close proximity to Kennedy Space Center. 11 (a)(3) Enter, and authorize any agent or employee of 12 Space Florida the authority to enter, upon any lands, waters, 13 and premises, upon giving reasonable notice and due process to 14 the land owner, for the purposes of making surveys, soundings, 15 drillings, appraisals, and examinations necessary to perform 16 its duties and functions. Any such entry shall not be deemed a 17 trespass or an entry that would constitute a taking in an 18 eminent domain proceeding. Space Florida The authority shall 19 make reimbursement for any actual damages to such lands, 20 waters, and premises as a result of such activity. 21 (b)(4) Execute all contracts and other documents, 22 adopt all proceedings, and perform all acts determined by the 23 board to be necessary or desirable to carry out the purposes 24 of this act. The board may authorize one or more members of 25 the board to execute contracts and other documents on behalf 26 of the board or Space Florida the authority. 27 (c)(5) Establish and create such departments, 28 committees, or other entities agencies as from time to time 29 the board may deem necessary or desirable in the performance 30 of any acts or other things necessary to the exercise of the 31 powers provided in this act, and delegate to such departments, 28 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 boards, or other entities agencies such administrative duties 2 and other powers as the board may deem necessary or desirable. 3 (d) Provide financial services to support 4 aerospace-related business development within the state. 5 Financial services may include, but are not limited to, 6 insuring, coinsuring, or originating for sale direct 7 aerospace-related loans; direct lending; guaranteeing and 8 collateralizing loans; creating accounts; capitalizing, 9 underwriting, leasing, selling, or securing funding for 10 aerospace-related infrastructure; investing in permissible 11 securities; organizing financial institutions and 12 international bank syndicates; and acquiring, accepting, or 13 administering grants, contracts, and fees from other 14 organizations to perform activities that are consistent with 15 the purposes of Space Florida's business plan. If the board 16 deems a financial services entity is necessary, the board may 17 create, form, or contract with one or more such entities. 18 (6) Appoint a person to act as executive director of 19 the authority, having such official title, functions, duties, 20 powers, and salary as the board may prescribe. 21 (e)(7) Examine, and authorize any officer or agent of 22 Space Florida the authority to examine, the county tax rolls 23 with respect to the assessed valuation of the real and 24 personal property within any spaceport territory. 25 (f)(8) Engage in the planning and implementation of 26 space-related economic and educational development within the 27 state. 28 (g) Provide the strategic direction for the 29 aerospace-related research priorities of the state and its 30 aerospace-related businesses. 31 (h)(9) Execute intergovernmental agreements and 29 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 development agreements consistent with prevailing statutory 2 provisions, including, but not limited to, special benefits or 3 tax increment financing initiatives. 4 (i)(10) Establish reserve funds for future board 5 operations. 6 (j)(11) Adopt rules pursuant to chapter 120 to carry 7 out the purposes of this act. 8 (2) The board of directors shall: 9 (a) Adopt rules and orders to conduct the business of 10 Space Florida, the maintenance of records, and the form of all 11 documents and records of Space Florida. The board may adopt 12 rules with respect to any of the projects of Space Florida 13 with notice and a public hearing. 14 (b) Maintain an executive office and Space Florida 15 offices in close proximity to the John F. Kennedy Space 16 Center. 17 (c) Appoint a person to act as the president of Space 18 Florida, having such official title, functions, duties, 19 powers, and salary as the board may prescribe. 20 (d)(12) Abide by all applicable federal labor laws in 21 the construction and day-to-day operations of Space Florida 22 the authority and any spaceport. Further, the board shall 23 establish, by rule and regulation, pursuant to chapter 120, 24 policies and procedures for the construction and operation of 25 Space Florida the authority and any spaceport. The Said 26 policies and procedures shall be such that when Space Florida 27 the authority expends federal funds for construction or 28 operation of any spaceport project, Space Florida the 29 authority will be subject to the federal labor laws observed 30 at the John F. Kennedy Space Center and Cape Canaveral Air 31 Force Station, Florida, applicable as a result of such federal 30 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 expenditures. 2 (e)(13) Prepare an annual report of operations. The 3 Said report shall include, but not be limited to, a balance 4 sheet, an income statement, a statement of changes in 5 financial position, a reconciliation of changes in equity 6 accounts, a summary of significant accounting principles, the 7 auditor's report, a summary of the status of existing and 8 proposed bonding projects, comments from management about the 9 year's business, and prospects for the next year, which shall 10 be submitted each year by November 30 to the Governor, the 11 President of the Senate, the Speaker of the House of 12 Representatives, the minority leader of the Senate, and the 13 minority leader of the House of Representatives. 14 (f) Establish a personnel management system. 15 (14) Change the name of the authority. 16 Section 11. Section 331.3101, Florida Statutes, is 17 amended to read: 18 331.3101 Space Florida Space Authority ; travel and 19 entertainment expenses.-- 20 (1) Notwithstanding the provisions of s. 112.061, 21 Space Florida the authority shall adopt rules by which it may 22 make expenditures by advancement or reimbursement, or a 23 combination thereof, to Space Florida authority officers and 24 employees; reimburse business clients, guests, and authorized 25 persons as defined in s. 112.061(2)(e); and make direct 26 payments to third-party vendors: 27 (a) For travel expenses of such business clients, 28 guests, and authorized persons incurred by Space Florida the 29 authority in connection with the performance of its statutory 30 duties, and for travel expenses incurred by state officials 31 and state employees while accompanying such business clients, 31 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 guests, or authorized persons or when authorized by the board 2 or its designee. 3 (b) For entertainment expenses of such guests, 4 business clients, and authorized persons incurred by Space 5 Florida the authority in connection with the performance of 6 its statutory duties, and for entertainment expenses incurred 7 for Space Florida authority officials and employees when such 8 expenses are incurred while in the physical presence of such 9 business clients, guests, or authorized persons. 10 (2) The rules shall be subject to approval by the 11 Chief Financial Officer before adoption prior to promulgation. 12 The rules shall require the submission of paid receipts, or 13 other proof prescribed by the Chief Financial Officer, with 14 any claim for reimbursement, and shall require, as a condition 15 for any advancement, an agreement to submit paid receipts or 16 other proof and to refund any unused portion of the 17 advancement within 15 days after the expense is incurred or, 18 if the advancement is made in connection with travel, within 19 15 days after completion of the travel. However, with respect 20 to an advancement made solely for travel expenses, the rules 21 may allow paid receipts or other proof to be submitted, and 22 any unused portion of the advancement to be refunded, within 23 30 days after completion of the travel. 24 (3) An annual report shall be made to the Legislature 25 not later than November 30 of each year for the previous 26 fiscal year, which shall consist of a synopsis concisely 27 summarizing all travel, entertainment, and incidental expenses 28 incurred within the United States and, separately, all travel, 29 entertainment, and incidental expenses incurred outside the 30 United States. 31 (4) A No claim submitted under this section is not 32 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 shall be required to be sworn to before a notary public or 2 other officer authorized to administer oaths, but any claim 3 authorized or required to be made under any provision of this 4 section must shall contain a statement that the expenses were 5 actually incurred as necessary travel or entertainment 6 expenses in the performance of official duties of Space 7 Florida the authority and shall be verified by written 8 declaration that it is true and correct as to every material 9 matter. Any person who willfully makes and subscribes to any 10 such claim which the person does not believe to be true and 11 correct as to every material matter or who willfully aids or 12 assists in, or procures, counsels, or advises, the preparation 13 or presentation of a claim pursuant to this section, which 14 claim is fraudulent or false as to any material matter, 15 whether or not such falsity or fraud is with the knowledge or 16 consent of the person authorized or required to present such 17 claim, commits a misdemeanor of the second degree, punishable 18 as provided in s. 775.082 or s. 775.083. Whoever receives an 19 advancement or reimbursement by means of a false claim is 20 civilly liable, in the amount of the overpayment, for the 21 reimbursement of the public fund from which the claim was 22 paid. 23 Section 12. Section 331.311, Florida Statutes, is 24 amended to read: 25 331.311 Exercise by Space Florida authority of its 26 powers within municipalities and other political 27 subdivisions.--Space Florida may The authority shall have the 28 power to exercise any of its rights, powers, privileges, and 29 authority in any and all portions of any spaceport territory 30 lying within the boundaries of any municipal corporation or 31 other political subdivision, heretofore or hereafter created 33 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 or organized, whose boundaries lie wholly or partly within the 2 geographical limits of the spaceport territory, to the same 3 extent and in the same manner as in areas of the spaceport 4 territory not incorporated as part of a municipality or other 5 political subdivision. With respect to any municipal 6 corporation or other political subdivision whose boundaries 7 lie partly within and partly without the geographical limits 8 of the spaceport territory, Space Florida may the authority 9 shall have the power to exercise its rights, powers, 10 privileges, and authority only within the portion of the such 11 municipal corporation or other political subdivision lying 12 within the boundaries of the spaceport territory. 13 Section 13. Section 331.312, Florida Statutes, is 14 amended to read: 15 331.312 Furnishing facilities and services within the 16 spaceport territory.--Space Florida may The authority shall 17 have the power to construct, develop, create, maintain, and 18 operate its projects within the geographical limits of the 19 spaceport territory, including any portions of the spaceport 20 territory located inside the boundaries of any incorporated 21 municipality or other political subdivision, and to offer, 22 supply, and furnish the facilities and services provided for 23 in this act to, and to establish and collect fees, rentals, 24 and other charges from, persons, public or private, within the 25 geographical limits of the spaceport territory and for the use 26 of Space Florida the authority itself. 27 Section 14. Section 331.313, Florida Statutes, is 28 amended to read: 29 331.313 Power of Space Florida the authority with 30 respect to roads.--Within the territorial limits of any 31 spaceport territory, Space Florida may the authority has the 34 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 right to acquire, through purchase or interagency agreement, 2 or as otherwise provided in law, and to construct, control, 3 and maintain, roads deemed necessary by Space Florida the 4 authority and connections thereto and extensions thereof now 5 or hereafter acquired, constructed, or maintained in 6 accordance with established highway safety standards; provided 7 that, in the event a road being addressed by Space Florida the 8 authority is owned by another agency or jurisdiction, Space 9 Florida the authority, before prior to proceeding with the 10 proposed project or work activity, shall have either 11 coordinated the desired work with the owning agency or 12 jurisdiction or shall have successfully executed an 13 interagency agreement with the owning agency or jurisdiction. 14 Section 15. Section 331.316, Florida Statutes, is 15 amended to read: 16 331.316 Rates, fees, rentals, tolls, fares, and 17 charges; procedure for adoption and modification; minimum 18 revenue requirements.-- 19 (1) To recover the costs of the spaceport facility or 20 system, Space Florida may the authority shall have the power 21 to prescribe, fix, establish, and collect rates, fees, 22 rentals, tolls, fares, or other charges (hereinafter referred 23 to as "revenues"), and to revise the same from time to time, 24 for the facilities and services furnished or to be furnished 25 by Space Florida the authority and the spaceport, including, 26 but not limited to, launch pads, ranges, payload assembly and 27 processing facilities, visitor and tourist facilities, 28 transportation facilities, and parking and other related 29 facilities, and may shall have the power to provide for 30 reasonable penalties against any user or property for any such 31 rates, fees, rentals, tolls, fares, or other charges that are 35 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 delinquent. 2 (2) The board may shall have the power to enter into 3 contracts for the use of the projects of Space Florida the 4 authority and for the services and facilities furnished or to 5 be furnished by Space Florida the authority, including, but 6 not limited to, launch services, payload assembly and 7 processing, and other aerospace-related space-related 8 services, for such consideration and on such other terms and 9 conditions as the board may approve. Such contracts, and 10 revenues or service charges received or to be received by 11 Space Florida the authority thereunder, may be pledged as 12 security for any of the bonds of Space Florida the authority. 13 Section 16. Section 331.317, Florida Statutes, is 14 amended to read: 15 331.317 Recovery of delinquent charges.--In the event 16 that any of the rates, fees, rentals, tolls, fares, other 17 charges, or delinquent penalties shall not be paid as and when 18 due and shall be in default for 30 days or more, the unpaid 19 balance thereof and all interest accrued thereon, together 20 with attorney's fees and costs, may be recovered by Space 21 Florida the authority in a civil action. 22 Section 17. Section 331.318, Florida Statutes, is 23 amended to read: 24 331.318 Discontinuance of service.--In the event that 25 the rates, fees, rentals, tolls, fares, or other charges for 26 the services and facilities of any project are not paid when 27 due, the board may shall have the power to discontinue and 28 shut off the same until such rates, fees, rentals, tolls, 29 fares, or other charges, including interest, penalties, and 30 charges for the shutting off and discontinuance and the 31 restoration of such services and facilities, are fully paid. 36 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Such delinquent rates, fees, rentals, tolls, fares, or other 2 charges, together with interest, penalties, and charges for 3 the shutting off and discontinuance and the restoration of 4 such services and facilities, and reasonable attorney's fees 5 and other expenses, may be recovered by Space Florida the 6 authority by suit in any court of competent jurisdiction. 7 Space Florida The authority may also enforce payment of such 8 delinquent rates, fees, rentals, tolls, fares, or other 9 charges by any other lawful method of enforcement. 10 Section 18. Section 331.319, Florida Statutes, is 11 amended to read: 12 331.319 Comprehensive planning; building and safety 13 codes.--The board of directors may supervisors shall have the 14 power to: 15 (1) Adopt, and from time to time review, amend, 16 supplement, or repeal, a comprehensive general plan for the 17 physical development of the area within the spaceport 18 territory in accordance with the objectives and purposes of 19 this act and consistent with the comprehensive plans of the 20 applicable county or counties and municipality or 21 municipalities adopted pursuant to the Local Government 22 Comprehensive Planning and Land Development Regulation Act, 23 part II of chapter 163. 24 (2) Prohibit within the spaceport territory the 25 construction, alteration, repair, removal, or demolition, or 26 the commencement of the construction, alteration, repair 27 (except emergency repairs), removal, or demolition, of any 28 building or structure, including, but not by way of 29 limitation, public utility poles, lines, pipes, and 30 facilities, without first obtaining a permit from the board or 31 such other officer or agency as the board may designate, and 37 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 to prescribe the procedure with respect to the obtaining of 2 such permit. 3 Section 19. Section 331.320, Florida Statutes, is 4 amended to read: 5 331.320 Additional powers of board.--The board of 6 directors may shall have the power within any spaceport 7 territory to: 8 (1) Adopt regulations to prohibit or control the 9 pollution of air and water, and require certain location and 10 placement of electrical power, telephone, and other utility 11 lines, cables, pipes, and ducts. 12 (2) Divide the spaceport territory into zones or 13 districts of such number, shape, and area as the board may 14 deem best suited to carry out the purposes of this act, and 15 within and for each such district make regulations and 16 restrictions as provided for in subsection (1). 17 Section 20. Section 331.321, Florida Statutes, is 18 amended to read: 19 331.321 Federal and other funds and aid.--Space 20 Florida may The authority is authorized to accept, receive, 21 and receipt for federal moneys, property, and other moneys or 22 properties, either public or private, for the acquisition, 23 planning, operation, construction, enlargement, improvement, 24 maintenance, equipment, or development of programs, 25 facilities, and sites therefor, and to comply with the 26 provisions of the laws of the United States and any rules and 27 regulations made thereunder for the expenditure of federal 28 moneys. 29 Section 21. Section 331.322, Florida Statutes, is 30 amended to read: 31 331.322 Agreements with municipalities within any 38 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 spaceport territory.--The board of directors and the governing 2 body or bodies of any one or more municipalities located 3 wholly or partly within any spaceport territory, whether now 4 in existence or hereafter created, may are authorized to enter 5 into and carry into effect contracts and agreements relating 6 to the common powers, duties, and functions of the board and 7 other officers, agents, and employees of Space Florida the 8 authority, and the respective governing body or bodies of one 9 or more such municipalities, and their respective officers, 10 agents, and employees, to the end that there may be effective 11 cooperation between and coordination of the efforts of such 12 municipality or municipalities and Space Florida the authority 13 in discharging their common functions, powers, and duties and 14 in rendering services to the respective residents and property 15 owners of such municipality or municipalities and Space 16 Florida the authority. The board and the governing body or 17 bodies of one or more such municipalities are further 18 authorized to enter into and carry into effect contracts and 19 agreements for the performance of any of their common 20 functions, powers, and duties by a central agency or common 21 agent of the contracting parties. 22 Section 22. Section 331.323, Florida Statutes, is 23 amended to read: 24 331.323 Cooperative agreements with the state, 25 counties, and municipalities.-- 26 (1) The state and the counties, municipalities, and 27 other political subdivisions, public bodies, and agencies 28 thereof, or any of them, whether now existing or hereafter 29 created, are authorized to aid and cooperate with Space 30 Florida the authority in carrying out any of the purposes and 31 projects of Space Florida the authority , to enter into 39 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 cooperative agreements with Space Florida the authority, to 2 provide in any such cooperative agreement for the making of 3 loans, gifts, grants, or contributions to Space Florida the 4 authority and the granting and conveyance to Space Florida the 5 authority of real or personal property of any kind or nature, 6 or any interest therein, for the carrying out of the purpose 7 and projects of Space Florida the authority; to covenant in 8 any such cooperative agreement to pay all or any part of the 9 costs of acquisition, planning, development, construction, 10 reconstruction, extension, improvement, operation, and 11 maintenance of any projects of Space Florida the authority ; 12 and to pay all or any part of the principal and interest on 13 any bonds of Space Florida the authority. 14 (2) The state and the counties, municipalities, and 15 other political subdivisions, public bodies, and agencies 16 thereof, or any of them, whether now existing or hereafter 17 created, and Space Florida the authority created by this act, 18 are further authorized to enter into cooperative agreements to 19 provide for the furnishing by Space Florida the authority to 20 the state or any county, municipality, or other political 21 subdivision, public body, or agency thereof of any of the 22 facilities and services of Space Florida the authority, or by 23 the state or any county, municipality, or other political 24 subdivision, public body, or agency thereof to Space Florida 25 the authority and to persons within the spaceport territory of 26 facilities and services of the type that Space Florida the 27 authority is authorized to furnish or undertake, or such other 28 facilities and services as may be determined necessary or 29 desirable by the board for the carrying out of the purposes of 30 this act. Without limitation of the foregoing, such 31 cooperative agreements may provide for the furnishing by any 40 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 county, municipality, or other political subdivision of fire 2 and police protection for Space Florida the authority and 3 persons and property within Space Florida the authority, and 4 for the providing to Space Florida the authority of any 5 services deemed necessary or desirable by the board for the 6 proper functioning of Space Florida the authority. 7 (3) Without limitation of the foregoing, the board may 8 undertake and finance any of the projects of Space Florida the 9 authority, in whole or in part, jointly with any municipality 10 or municipalities, now existing or hereafter created, or in 11 any other manner combine the projects of Space Florida the 12 authority with the projects of such municipality or 13 municipalities. 14 (4) Any agreement of the type authorized by this 15 section may be made and entered into under pursuant to this 16 act for such time or times, not exceeding 40 years. 17 Section 23. Section 331.324, Florida Statutes, is 18 amended to read: 19 331.324 Contracts, grants, and contributions.--Space 20 Florida may The authority shall have the power to make and 21 enter all contracts and agreements necessary or incidental to 22 the performance of the functions of Space Florida the 23 authority and the execution of its powers, and to contract 24 with, and to accept and receive grants or loans of money, 25 material, or property from, any person, private or public, as 26 the board shall determine to be necessary or desirable to 27 carry out the purposes of this act, and in connection with any 28 such contract, grant, or loan to stipulate and agree to such 29 covenants, terms, and conditions as the board shall deem 30 appropriate. 31 Section 24. Section 331.325, Florida Statutes, is 41 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 amended to read: 2 331.325 Environmental permits.--Space Florida The 3 authority shall obtain required environmental permits in 4 accordance with federal and state law and shall comply with 5 the provisions of chapter 380. 6 Section 25. Section 331.326, Florida Statutes, is 7 amended to read: 8 331.326 Information relating to trade secrets 9 confidential.--The records of Space Florida the authority 10 regarding matters encompassed by this act are public records 11 subject to the provisions of chapter 119. Any information held 12 by Space Florida the authority which is a trade secret, as 13 defined in s. 812.081, including trade secrets of Space 14 Florida the authority, any spaceport user, or the space 15 industry business, is confidential and exempt from the 16 provisions of s. 119.07(1) and s. 24(a), Art. I of the State 17 Constitution and may not be disclosed. If Space Florida the 18 authority determines that any information requested by the 19 public will reveal a trade secret, it shall, in writing, 20 inform the person making the request of that determination. 21 The determination is a final order as defined in s. 120.52. 22 Any meeting or portion of a meeting of Space Florida's the 23 authority's board of supervisors is exempt from the provisions 24 of s. 286.011 and s. 24(b), Art. I of the State Constitution 25 when the board is discussing trade secrets. Any public record 26 generated during the closed portions of the such meetings, 27 such as minutes, tape recordings, and notes, is confidential 28 and exempt from the provisions of s. 119.07(1) and s. 24(a), 29 Art. I of the State Constitution. 30 Section 26. Section 331.327, Florida Statutes, is 31 amended to read: 42 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 331.327 Foreign trade zone.--Space Florida may The 2 authority shall have the power to apply to the Federal 3 Government for a grant allowing the designation of any 4 spaceport territory as a foreign trade zone pursuant to ss. 5 288.36 and 288.37. However, the designation of any spaceport 6 territory as a foreign trade zone does shall not be deemed to 7 authorize an exemption from any tax imposed by the state or by 8 any political subdivision, agency, or instrumentality thereof. 9 Section 27. Section 331.328, Florida Statutes, is 10 amended to read: 11 331.328 Sovereign immunity.--As an independent special 12 district, Space Florida has The authority shall be granted 13 sovereign immunity in the same manner as the state under the 14 laws and Constitution of the State of Florida. The state, by 15 this section, hereby waives the sovereign immunity granted to 16 the same extent as waived by the state under state law. 17 Section 28. Section 331.329, Florida Statutes, is 18 amended to read: 19 331.329 Changing boundary lines; annexation and 20 exclusion of lands; creation of municipalities within the 21 geographical limits of any spaceport territory; limitations on 22 the furnishing of services within annexed areas.-- 23 (1) The board of directors may at any time strike out 24 or correct the description of any land within or claimed to be 25 within the boundary lines of any spaceport territory upon the 26 written consent of the owners of all the land that would be 27 included or excluded from the boundary lines of any spaceport 28 territory or otherwise affected by the taking of such action, 29 and of the owners of not less than the majority in acreage of 30 all lands within any spaceport territory. 31 (a) The board may enlarge the geographical limits of 43 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 any spaceport territory to include any lands not then within 2 any spaceport territory: 3 1. Upon the written consent of the owners of all the 4 land to be included in any spaceport territory and of the 5 owners of not less than a majority in acreage of all the land 6 then within any spaceport territory; or 7 2. By resolution of the board approved at a special 8 election called for such purpose, by vote of a majority of 9 freeholders residing within the area to be annexed and a 10 majority of freeholders residing within any spaceport 11 territory. 12 (b) The board of directors may contract the 13 geographical limits of any spaceport territory so as to 14 exclude from any spaceport territory any land then within any 15 spaceport territory: 16 1. Upon the written consent of the owners of all the 17 land to be so excluded and of the owners of not less than a 18 majority in acreage of all the land then within any spaceport 19 territory; or 20 2. By resolution of the board approved at a special 21 election called for such purpose, by vote of a majority of 22 freeholders residing within the area to be excluded and a 23 majority of the freeholders residing within any spaceport 24 territory. 25 (2) Land, including property situated thereon, added 26 to any spaceport territory in the manner provided in 27 subsection (1) shall from the time of its inclusion within 28 such spaceport territory be subject to all assessments 29 thereafter levied and assessed on all other land or property 30 of any spaceport territory similarly situated. Land, including 31 property situated thereon, excluded from any spaceport 44 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 territory in the manner provided in subsection (1) shall from 2 the date of such exclusion be exempt from assessments 3 thereafter imposed by Space Florida the authority but shall 4 not be exempt from assessments theretofore levied or due with 5 respect to such land or property, or from subsequent 6 installments of assessments theretofore levied or assessed 7 with respect thereto, and such assessments may be enforced and 8 collected by or on behalf of Space Florida the authority in 9 the same manner as if such land or property continued to be 10 within the geographical limits of any spaceport territory. 11 (3) In the event that the geographical limits of any 12 spaceport territory as set forth in s. 331.304 are revised so 13 as to include within any spaceport territory any areas not 14 presently contained within any spaceport territory, Space 15 Florida may the authority shall not engage in the business of 16 furnishing electric power for sale in such annexed area, 17 unless Space Florida the authority shall offer to purchase 18 from any person who is at the time engaged in the business of 19 making, generating, or distributing electricity for sale 20 within such annexed area, such portion of its electric plant 21 and property suitable and used for such business in connection 22 therewith as lies within the limits of such annexed area, in a 23 manner consistent with law. 24 (4) Space Florida The authority shall designate new 25 launch pads outside the present designated spaceport 26 territories by statutory amendment of s. 331.304. 27 Section 29. Section 331.331, Florida Statutes, is 28 amended to read: 29 331.331 Revenue bonds.-- 30 (1) Revenue bonds issued by Space Florida the 31 authority shall not be deemed revenue bonds issued by the 45 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 state or its agencies for purposes of s. 11, Art. VII of the 2 State Constitution and ss. 215.57-215.83. Space Florida The 3 authority shall include in its annual report to the Governor 4 and Legislature, as provided in s. 331.310, a summary of the 5 status of existing and proposed bonding projects. 6 (2) The issuance of revenue bonds may be secured by or 7 payable from the gross or net pledge of the revenues to be 8 derived from any project or combination of projects, from the 9 rates, fees, rentals, tolls, fares, or other charges to be 10 collected from the users of any project or projects; from any 11 revenue-producing undertaking or activity of Space Florida the 12 authority; or from any source of pledged security. Such bonds 13 shall not constitute an indebtedness of Space Florida the 14 authority unless such bonds are additionally secured by the 15 full faith and credit of Space Florida the authority. Bonds 16 issued by Space Florida the authority are not secured by the 17 full faith and credit of the State of Florida and do not 18 constitute an obligation, either general or special, thereof. 19 (3) Any two or more projects may be combined and 20 consolidated into a single project, and may thereafter be 21 operated and maintained as a single project. The revenue bonds 22 authorized herein may be issued to finance any one or more 23 such projects separately, or to finance two or more such 24 projects, regardless whether or not such projects have been 25 combined and consolidated into a single project. If the board 26 deems it advisable, the proceedings authorizing such revenue 27 bonds may provide that Space Florida the authority may 28 thereafter combine the projects then being financed or 29 theretofore financed with other projects to be subsequently 30 financed by Space Florida the authority shall be on a parity 31 with the revenue bonds then being issued, all on such terms, 46 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 conditions, and limitations as shall be provided, and may 2 further provide that the revenues to be derived from the 3 subsequent projects shall at the time of the issuance of such 4 parity revenue bonds be also pledged to the holders of any 5 revenue bonds theretofore issued to finance the revenue 6 undertakings which are later combined with such subsequent 7 projects. Space Florida The authority may pledge for the 8 security of the revenue bonds a fixed amount, without regard 9 to any fixed proportion of the gross revenues of any project. 10 Section 30. Section 331.333, Florida Statutes, is 11 amended to read: 12 331.333 Refunding bonds.--Space Florida The authority 13 through its board may shall have the power to issue bonds to 14 provide for the retirement or refunding of any bonds or 15 obligations of Space Florida the authority that at the time of 16 such issuance are or subsequently thereto become due and 17 payable, or that at the time of issuance have been called or 18 are or will be subject to call for redemption within 10 years 19 thereafter, or the surrender of which can be procured from the 20 holders thereof at prices satisfactory to the board. Refunding 21 bonds may be issued at any time when in the judgment of the 22 board such issuance will be advantageous to Space Florida the 23 authority. The provisions of this act pertaining to bonds of 24 Space Florida the authority shall, unless the context 25 otherwise requires, govern the issuance of refunding bonds, 26 the form and other details thereof, the rights of the holders 27 thereof, and the duties of the board with respect to the same. 28 Section 31. Section 331.334, Florida Statutes, is 29 amended to read: 30 331.334 Pledging assessments and other revenues and 31 properties as additional security on bonds.--Space Florida The 47 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 authority may pledge as additional security for the payment of 2 any of the bonds of Space Florida the authority its full faith 3 and credit, and provide that such bonds shall be payable as to 4 both principal and interest, and as to any reserve or other 5 funds provided therefor, to the full extent that any revenues 6 as defined in this act, assessments, or other funds, or any 7 combination thereof, pledged therefor are insufficient for the 8 full payment of the same, and provided further that no bonds 9 shall be issued to the payment of which the full faith and 10 credit of Space Florida the authority is pledged unless 11 approved at an election in the manner provided by law. Space 12 Florida The authority by resolution of the board may also 13 pledge as additional security for said bonds the revenues from 14 any project of Space Florida the authority, utility service, 15 assessments, and any other sources of revenue or funds, or any 16 combination of the foregoing, and may pledge or mortgage any 17 of the properties, rights, interest, or other assets of Space 18 Florida the authority. Bonds issued by Space Florida the 19 authority are not secured by the full faith and credit of the 20 State of Florida and do not constitute an obligation, either 21 general or special, thereof. The board may also provide with 22 respect to any bonds of Space Florida the authority that such 23 bonds shall be payable, in whole or in part, as to principal 24 amount or interest, or both, out of rates, fees, rentals, 25 tolls, fares, or other charges collected with respect to any 26 of the projects of Space Florida the authority. 27 Section 32. Section 331.335, Florida Statutes, is 28 amended to read: 29 331.335 Lien of pledges.--All pledges of revenues and 30 assessments made pursuant to the provisions of this act shall 31 be valid and binding from the time when such pledges are made. 48 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 All such revenues and assessments so pledged and thereafter 2 collected shall immediately be subject to the lien of such 3 pledges without any physical delivery thereof or further 4 action, and the lien of such pledges shall be valid and 5 binding as against all parties having claims of any kind in 6 tort, contract, or otherwise against Space Florida the 7 authority, irrespective of whether such parties have notice 8 thereof. 9 Section 33. Section 331.336, Florida Statutes, is 10 amended to read: 11 331.336 Issuance of bond anticipation notes.--In 12 addition to the other powers provided for in this act and not 13 in limitation thereof, Space Florida may the authority shall 14 have the power, at any time from time to time after the 15 issuance of any bonds of Space Florida the authority shall 16 have been authorized, to borrow money for the purposes for 17 which such bonds are to be issued in anticipation of the 18 receipt of the proceeds of the sale of such bonds and to issue 19 bond anticipation notes in a principal amount not in excess of 20 the authorized maximum amount of such bond issue. Such notes 21 shall be in such denomination or denominations, bear interest 22 at such rate or rates, mature at such time or times, be 23 renewable for such additional term or terms, and be in such 24 form and executed in such manner as the board shall prescribe. 25 Such notes may be sold at public sale, or if such notes shall 26 be renewable notes, may be exchanged for notes then 27 outstanding on such terms as the board shall determine. Such 28 notes shall be paid from the proceeds of such bonds when 29 issued. The board may in its discretion, in lieu of retiring 30 the notes by means of bonds, retire them by means of current 31 revenues or from any assessments levied for the payment of 49 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 such bonds, but in such event a like amount of the bonds 2 authorized shall not be issued. 3 Section 34. Section 331.337, Florida Statutes, is 4 amended to read: 5 331.337 Short-term borrowing.--Space Florida The 6 authority at any time may obtain loans, in such amount and on 7 such terms and conditions as the board may approve, for the 8 purpose of paying any of the expenses of Space Florida the 9 authority or any costs incurred or that may be incurred in 10 connection with any of the projects of Space Florida the 11 authority, which loans shall have such term or terms, be 12 renewable for such term or terms, bear interest at such rate 13 or rates, and be payable from and secured by a pledge of such 14 funds, revenues, and assessments as the board may determine. 15 For the purpose of defraying such costs and expenses, Space 16 Florida the authority may issue negotiable notes, warrants, or 17 other evidences of debt signed on behalf of Space Florida the 18 authority by any one of the board, such notes or other 19 evidences of indebtedness to be payable at such time or times, 20 to bear interest at such rate or rates, and to be sold or 21 discounted at such price or prices and on such term or terms 22 as the board may deem advisable. The board may shall have the 23 right to provide for the payment thereof by pledging the whole 24 or any part of the funds, revenues, and assessments of Space 25 Florida the authority . 26 Section 35. Section 331.338, Florida Statutes, is 27 amended to read: 28 331.338 Trust agreements.--In the discretion of the 29 board, any issue of bonds may be secured by a trust agreement 30 by and between Space Florida the authority and a corporate 31 trustee which may be any trust company or bank having the 50 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 powers of a trust company within or without the state. The 2 resolution authorizing the issuance of the bonds or such trust 3 agreement may pledge the revenues to be received from any 4 projects of Space Florida the authority and any other 5 authorized moneys to be used for the repayment of bonds, and 6 may contain such provisions for protecting and enforcing the 7 rights and remedies of the bondholders as the board may 8 approve, including without limitation covenants setting forth 9 the duties of Space Florida the authority in relation to the 10 acquisition, planning, development, construction, 11 reconstruction, improvement, maintenance, repair, operation, 12 and insurance of any projects, the fixing and revision of the 13 rates, fees, rentals, tolls, fares, and charges, and the 14 custody, safeguarding, and application of all moneys, and for 15 the employment of consulting engineers in connection with such 16 acquisition, planning, development, construction, 17 reconstruction, improvement, maintenance, repair, or 18 operation. It shall be lawful for any bank or trust company 19 incorporated under the laws of the state or the United States 20 which may act as a depository of the proceeds of bonds or of 21 revenues to furnish such indemnifying bonds or to pledge such 22 securities as may be required by Space Florida the authority . 23 Such resolution or trust agreement may set forth the rights 24 and remedies of the bondholders and of the trustee, if any, 25 and may restrict the individual right of action by 26 bondholders. The board may provide for the payment of the 27 proceeds of the sale of the bonds and the revenues of any 28 project to such officer, board, or depository as it may 29 designate for the custody thereof, and for the method of 30 disbursement thereof, with such safeguards and restrictions as 31 it may determine. All expenses incurred in carrying out the 51 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 provisions of such resolution or trust agreement may be 2 treated as part of the cost of the project to which such trust 3 agreement pertains. 4 Section 36. Section 331.339, Florida Statutes, is 5 amended to read: 6 331.339 Sale of bonds.--Bonds may be sold in blocks or 7 installments at different times, or an entire issue or series 8 may be sold at one time. Bonds may only be sold at public sale 9 after being advertised and publicly noticed, unless Space 10 Florida the authority has previously complied with the 11 provisions of s. 218.385. Bonds may be sold or exchanged for 12 refunding bonds. Special assessment and revenue bonds may be 13 delivered as payment by Space Florida the authority of the 14 purchase price or lease of any project or part thereof, or a 15 combination of projects or parts thereof, or as the purchase 16 price of, or exchange for, any property, real, personal, or 17 mixed, including franchises, or services rendered by any 18 contractor, engineer, or other person, all at one time or in 19 blocks from time to time, in such manner and upon such terms 20 as the board in its discretion shall determine. The price or 21 prices for any bonds sold, exchanged, or delivered may be: 22 (1) The money paid for the bonds. 23 (2) The principal amount, plus accrued interest to 24 date of redemption or exchange, of outstanding obligations 25 exchanged for refunding bonds. 26 (3) In the case of special assessment or revenue 27 bonds, the amount of any indebtedness to contractors or other 28 persons paid with such bonds, or the fair value of any 29 properties exchanged for the bonds, as determined by the 30 board. 31 Section 37. Section 331.340, Florida Statutes, is 52 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 amended to read: 2 331.340 Authorization and form of bonds.--Bonds may be 3 authorized by resolution or resolutions of the board which 4 shall be adopted by a majority of all of the members thereof 5 then in office and present at the meeting at which the 6 resolution or resolutions are adopted and shall be approved as 7 provided in s. 331.305. The resolution or resolutions of the 8 board may be adopted at the same meeting at which they are 9 introduced, and shall be published and noticed. The board may 10 by resolution authorize the issuance of bonds, fix the 11 aggregate amount of bonds to be issued, the purpose or 12 purposes for which the moneys derived therefrom shall be 13 expanded, the rate or rates of interest, the denomination of 14 the bonds, whether or not the bonds are to be issued in one or 15 more series, the date or dates thereof, the date or dates of 16 maturity, which shall not exceed 40 years from their 17 respective dates of issuance, the medium of payment, the place 18 or places within or without the state where payment shall be 19 made, registration privileges, redemption terms and privileges 20 (whether with or without premium), the manner of execution, 21 the form of the bonds including any interest coupons to be 22 attached thereto, the manner of execution of bonds and 23 coupons, and any and all other terms, covenants, and 24 conditions thereof, and the establishment of reserve or other 25 funds. Such authorizing resolution may further provide that 26 such bonds may be executed manually or by engraved, 27 lithographed, or facsimile signature, provided that where 28 signatures are engraved, lithographed, or facsimile no bond 29 shall be valid unless countersigned by a registrar or other 30 officer designated by appropriate resolution of the board. The 31 seal of Space Florida the authority may be affixed, 53 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 lithographed, engraved, or otherwise reproduced in facsimile 2 on such bonds. In case any officer whose signature or a 3 facsimile of whose signature shall appear on any bonds or 4 coupons shall cease to be such officer before the delivery of 5 such bonds, such signature or facsimile shall nevertheless be 6 valid and sufficient for all purposes the same as if the 7 officer had remained in office until such delivery. 8 Section 38. Section 331.343, Florida Statutes, is 9 amended to read: 10 331.343 Defeasance.--The board may make such provision 11 with respect to the defeasance of the right, title, and 12 interest of the holders of any of the bonds and obligations of 13 Space Florida the authority in any revenues, funds, or other 14 properties by which such bonds are secured as the board deems 15 appropriate and, without limitation on the foregoing, may 16 provide that when such bonds or obligations become due and 17 payable or shall have been called for redemption, and the 18 whole amount of the principal and the interest and premium, if 19 any, due and payable upon the bonds or obligations when 20 outstanding shall be paid, or sufficient moneys or direct 21 obligations of the United States Government the principal of 22 and the interest on which when due will provide sufficient 23 moneys, shall be held or deposited in trust for such purpose, 24 and provision shall also be made for paying all other sums 25 payable in connection with such bonds or other obligations, 26 then and in such event the right, title, and interest of the 27 holders of the bonds in any revenues, funds, or other 28 properties by which such bonds are secured shall thereupon 29 cease, terminate, and become void; and the board may apply any 30 surplus in any sinking fund established in connection with 31 such bonds or obligations and all balances remaining in all 54 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 other funds or accounts other than money held for the 2 redemption or payment of the bonds or other obligations to any 3 lawful purpose of Space Florida the authority as the board 4 shall determine. 5 Section 39. Section 331.345, Florida Statutes, is 6 amended to read: 7 331.345 Covenants.--Any resolution authorizing the 8 issuance of bonds may contain such covenants as the board may 9 deem advisable and all such covenants shall constitute valid 10 and legally binding and enforceable contracts between Space 11 Florida the authority and the bondholders, regardless of the 12 time of issuance thereof. Such covenants may include, without 13 limitation, covenants concerning the disposition of the bond 14 proceeds, the use and disposition of project revenues, the 15 pledging of revenues, and assessments, the obligations of 16 Space Florida the authority with respect to the operation of 17 the project and the maintenance of adequate project revenues, 18 the issuance of additional bonds, the appointment, powers, and 19 duties of trustees and receivers, the acquisition of 20 outstanding bonds and obligations, restrictions on the 21 establishing of competing projects or facilities, restrictions 22 on the sale or disposal of the assets and property of Space 23 Florida the authority, the priority of assessment liens, the 24 priority of claims by bondholders on the taxing power of Space 25 Florida the authority, the maintenance of deposits to assure 26 the payment of revenues by users of spaceport facilities and 27 services, the discontinuance of Space Florida authority 28 services by reason of delinquent payments, acceleration upon 29 default, the execution of necessary instruments, the procedure 30 for amending or abrogating covenants with the bondholders, and 31 such other covenants as may be deemed necessary or desirable 55 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 for the security of the bondholders. 2 Section 40. Section 331.346, Florida Statutes, is 3 amended to read: 4 331.346 Validity of bonds; validation 5 proceedings.--Any bonds issued by Space Florida the authority 6 shall be incontestable in the hands of bona fide purchasers or 7 holders for value and shall not be invalid because of any 8 irregularity or defect in the proceedings for the issue and 9 sale thereof. Prior to the issuance of any bonds, Space 10 Florida the authority shall publish a notice at least once in 11 a newspaper or newspapers published or of general circulation 12 in the appropriate counties in the state, stating the date of 13 adoption of the resolution authorizing such obligations, the 14 amount, maximum rate of interest, and maturity of such 15 obligations, and the purpose in general terms for which such 16 obligations are to be issued, and further stating that no 17 action or proceeding questioning the validity of such 18 obligations or of the proceedings authorizing the issuance 19 thereof, or of any covenants made therein, must be instituted 20 within 20 days after the first publication of such notice, or 21 the validity of such obligations, proceedings, and covenants 22 shall not be thereafter questioned in any court whatsoever. If 23 no such action or proceeding is so instituted within such 24 20-day period, then the validity of such obligations, 25 proceedings, and covenants shall be conclusive, and all 26 persons or parties whatsoever shall be forever barred from 27 questioning the validity of such obligations, proceedings, or 28 covenants in any court whatsoever. 29 Section 41. Section 331.347, Florida Statutes, is 30 amended to read: 31 331.347 Act furnishes full authority for issuance of 56 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 bonds.--This act constitutes full and complete authority for 2 the issuance of bonds and the exercise of the powers of Space 3 Florida the authority provided herein. Any and all bonds 4 issued by Space Florida the authority shall not be secured by 5 the full faith and credit of the State of Florida and do not 6 constitute an obligation, either general or special, thereof. 7 Section 42. Section 331.348, Florida Statutes, is 8 amended to read: 9 331.348 Investment of funds.--The board may in its 10 discretion invest funds of Space Florida the authority through 11 the Chief Financial Officer or in: 12 (1) Direct obligations of or obligations guaranteed by 13 the United States or for the payment of the principal and 14 interest of which the faith and credit of the United States is 15 pledged; 16 (2) Bonds or notes issued by any of the following 17 federal agencies: Bank for Cooperatives; federal intermediate 18 credit banks; federal home loan bank system; federal land 19 banks; or the Federal National Mortgage Association (including 20 debentures or participating certificates issued by such 21 association); 22 (3) Public housing bonds issued by public housing 23 authorities and secured by a pledge or annual contributions 24 under an annual contribution contract or contracts with the 25 United States; 26 (4) Bonds or other interest-bearing obligations of any 27 county, district, city, or town located in the state for which 28 the full faith and credit of such political subdivision is 29 pledged; 30 (5) Any investment authorized for insurers by ss. 31 625.306-625.316 and amendments thereto; or 57 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (6) Any investment authorized under s. 17.57 and 2 amendments thereto. 3 Section 43. Section 331.349, Florida Statutes, is 4 amended to read: 5 331.349 Fiscal year of Space Florida the 6 authority.--The board may has the power to establish and from 7 time to time redetermine the fiscal year of Space Florida the 8 authority. Unless the board otherwise provides, Space 9 Florida's the authority's fiscal year shall be July 1 through 10 June 30. 11 Section 44. Section 331.350, Florida Statutes, is 12 amended to read: 13 331.350 Insurance coverage of Space Florida the 14 authority; safety program.-- 15 (1) Notwithstanding any other provision of law, the 16 State Risk Management Trust Fund established under s. 284.30 17 may shall not insure buildings and property owned or leased by 18 Space Florida the authority. 19 (2) Notwithstanding any other provision of law, the 20 State Risk Management Trust Fund established under s. 284.30 21 may shall not insure against any liability of Space Florida 22 the authority. 23 (3) Space Florida The authority shall establish a 24 safety program. The safety program shall include: 25 (a) The development and implementation of a loss 26 prevention program which shall consist of a comprehensive 27 authority wide safety program for all of Space Florida , 28 including a statement, established by the board of directors 29 supervisors, of safety policy and responsibility. 30 (b) Provision for regular and periodic facility and 31 equipment inspections. 58 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (c) Investigation of job-related employee accidents 2 and other accidents occurring on the premises of Space Florida 3 the authority or within areas of its jurisdiction. 4 (d) Establishment of a program to promote increased 5 safety awareness among employees, agents, and subcontractors 6 of Space Florida the authority. 7 (4)(a) Space Florida The authority shall, if 8 available, secure insurance coverage within reasonable limits 9 for liability which may arise as a consequence of its 10 responsibilities. 11 (b) Space Florida The authority shall, if available, 12 and if cost-effective, secure insurance coverage on its 13 buildings, facilities, and property at reasonable levels. 14 (c) Space Florida The authority, with respect to the 15 purchase of insurance, shall be subject to the applicable 16 provisions of chapter 287 and other applicable law. 17 Section 45. Section 331.351, Florida Statutes, is 18 amended to read: 19 331.351 Participation by women, minorities, and 20 socially and economically disadvantaged business enterprises 21 encouraged.--It is the intent of the Legislature and the 22 public policy of this state that women, minorities, and 23 socially and economically disadvantaged business enterprises 24 be encouraged to participate fully in all phases of economic 25 and community development. Accordingly, to achieve such 26 purpose, Space Florida the authority shall, in accordance with 27 applicable state and federal law, involve and utilize women, 28 minorities, and socially and economically disadvantaged 29 business enterprises in all phases of the design, development, 30 construction, maintenance, and operation of spaceports 31 developed under this act. 59 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Section 46. Section 331.354, Florida Statutes, is 2 amended to read: 3 331.354 Tax exemption.--The exercise of the powers 4 granted by this act in all respects shall be for the benefit 5 of the people of the state, for the increase of their industry 6 and prosperity, for the improvement of their health and living 7 conditions, and for the provision of gainful employment and 8 shall constitute the performance of essential public 9 functions. Space Florida is The authority shall not be 10 required to pay any taxes on any project or any other property 11 owned by Space Florida the authority under the provisions of 12 this act or upon the income therefrom. The bonds issued under 13 the provisions of this act or upon the income therefrom 14 (including any profit made on the sale thereof), and all 15 notes, mortgages, security agreements, letters of credit, or 16 other instruments which arise out of or are given to secure 17 the repayment of bonds issued in connection with a project 18 financed under this act, shall at all times be free from 19 taxation by the state or any local unit, political 20 subdivision, or other instrumentality of the state. Nothing in 21 This section, however, does not exempt shall be construed as 22 exempting from taxation or assessments the leasehold interest 23 of a lessee in any project or any other property or interest 24 owned by the lessee. The exemption granted by this section is 25 shall not be applicable to any tax imposed by chapter 220 on 26 interest, income, or profits on debt obligations owned by 27 corporations. 28 Section 47. Section 331.355, Florida Statutes, is 29 amended to read: 30 331.355 Use of name; ownership rights to intellectual 31 property.-- 60 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (1)(a) The corporate name of a corporation 2 incorporated or authorized to transact business in this state, 3 or the name of any person or business entity transacting 4 business in this state, may not use the words "Space Florida," 5 "Florida Space Authority," "Florida Aerospace Finance 6 Corporation," "Florida Space Research Institute," "spaceport 7 Florida," or "Florida spaceport" in its name unless the Space 8 Florida board of directors the authority gives written 9 approval for such use. 10 (b) The Department of State may dissolve, pursuant to 11 s. 607.1421, any corporation that violates paragraph (a). 12 (2) Notwithstanding any provision of chapter 286, the 13 legal title and every right, interest, claim, or demand of any 14 kind in and to any patent, trademark, copyright, certification 15 mark, or other right acquired under the patent and trademark 16 laws of the United States or this state or any foreign 17 country, or the application for the same, as is owned or held, 18 acquired, or developed by Space Florida the authority , under 19 the authority and directions given it by this part, is vested 20 in Space Florida the authority for the use, benefit, and 21 purposes provided in this part. Space Florida The authority is 22 vested with and is authorized to exercise any and all of the 23 normal incidents of such ownership, including the receipt and 24 disposition of royalties. Any sums received as royalties from 25 any such rights are hereby appropriated to Space Florida the 26 authority for any and all of the purposes and uses provided in 27 this part. 28 Section 48. Section 331.360, Florida Statutes, is 29 amended to read: 30 331.360 Joint participation project agreement or 31 assistance; spaceport master plan.-- 61 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (1) It shall be the duty, function, and responsibility 2 of the Department of Transportation to promote the further 3 development and improvement of aerospace transportation 4 facilities; to address intermodal requirements and impacts of 5 the launch ranges, spaceports, and other space transportation 6 facilities; to assist in the development of joint-use 7 facilities and technology that support aviation and aerospace 8 operations; to coordinate and cooperate in the development of 9 spaceport infrastructure and related transportation facilities 10 contained in the Strategic Intermodal System Plan; to 11 encourage, where appropriate, the cooperation and integration 12 of airports and spaceports in order to meet 13 transportation-related needs; and to facilitate and promote 14 cooperative efforts between federal and state government 15 entities to improve space transportation capacity and 16 efficiency. In carrying out this duty and responsibility, the 17 department may assist and advise, cooperate with, and 18 coordinate with federal, state, local, or private 19 organizations and individuals. The department may 20 administratively house its space transportation 21 responsibilities within an existing division or office. 22 (2) Notwithstanding any other provision of law, the 23 Department of Transportation may enter into a joint 24 participation project agreement with, or otherwise assist, the 25 Florida Space Florida Authority as necessary to effectuate the 26 provisions of this chapter and may allocate funds for such 27 purposes in its 5-year work program. However, the department 28 may not fund the administrative or operational costs of Space 29 Florida the authority. 30 (3) Space Florida The authority shall develop a 31 spaceport master plan for expansion and modernization of space 62 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 transportation facilities within spaceport territories as 2 defined in s. 331.303(23). The plan shall contain recommended 3 projects to meet current and future commercial, national, and 4 state space transportation requirements. Space Florida The 5 authority shall submit the plan to any appropriate 6 metropolitan planning organization M.P.O. for review of 7 intermodal impacts. Space Florida The authority shall submit 8 the spaceport master plan to the Department of Transportation, 9 and such plan may be included within the department's 5-year 10 work program of qualifying aerospace discretionary capacity 11 improvement under subsection (4). The plan shall identify 12 appropriate funding levels and include recommendations on 13 appropriate sources of revenue that may be developed to 14 contribute to the State Transportation Trust Fund. 15 (4) Subject to the availability of appropriated funds, 16 the department may participate in the capital cost of eligible 17 spaceport discretionary capacity improvement projects. The 18 annual legislative budget request shall be based on the 19 proposed funding requested for approved spaceport 20 discretionary capacity improvement projects. 21 Section 49. Section 331.369, Florida Statutes, is 22 amended to read: 23 331.369 Space Industry Workforce Initiative.-- 24 (1) The Legislature finds that the aerospace space 25 industry is critical to the economic future of the state and 26 that the competitiveness of the industry in the state depends 27 upon the development and maintenance of a qualified workforce. 28 The Legislature further finds that the aerospace space 29 industry in this state has diverse and complex workforce 30 needs, including, but not limited to, the need for qualified 31 entry-level workers, the need to upgrade the skills of 63 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 technician-level incumbent workers, and the need to ensure 2 continuing education opportunities for workers with advanced 3 educational degrees. It is the intent of the Legislature to 4 support programs designed to address the workforce development 5 needs of the aerospace space industry in this state. 6 (2) The Workforce Development Board of Enterprise 7 Florida, Inc., or it successor entity, shall coordinate 8 development of a Space Industry Workforce Initiative in 9 partnership with Space Florida, the Florida Space Research 10 Institute, the institute's consortium of public and private 11 universities, community colleges, and other training providers 12 approved by the board. The purpose of the initiative is to use 13 or revise existing programs and to develop innovative new 14 programs to address the workforce needs of the aerospace space 15 industry. 16 (3) The initiative shall emphasize: 17 (a) Curricula content and timeframes developed with 18 industry participation and endorsed by the industry; 19 (b) Programs that certify persons completing training 20 as meeting industry-approved standards or competencies; 21 (c) Use of distance-learning and computer-based 22 training modules as appropriate and feasible; 23 (d) Industry solicitation of public and private 24 universities to develop continuing education programs at the 25 master's and doctoral levels; 26 (e) Agreements with the National Aeronautics and Space 27 Administration to replicate on a national level successful 28 training programs developed through the initiative; and 29 (f) Leveraging of state and federal workforce funds. 30 (4) The Workforce Development Board of Enterprise 31 Florida, Inc., or its successor entity, with the assistance of 64 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Space Florida the Florida Space Research Institute , shall 2 convene representatives from the aerospace space industry to 3 identify the priority training and education needs of the 4 industry and to appoint a team to design programs to meet the 5 such priority needs. 6 (5) The Workforce Development Board of Enterprise 7 Florida, Inc., or its successor entity, as part of its 8 statutorily prescribed annual report to the Legislature, shall 9 provide recommendations for policies, programs, and funding to 10 enhance the workforce needs of the aerospace space industry. 11 Section 50. Paragraph (g) of subsection (2) of section 12 14.2015, Florida Statutes, is amended to read: 13 14.2015 Office of Tourism, Trade, and Economic 14 Development; creation; powers and duties.-- 15 (2) The purpose of the Office of Tourism, Trade, and 16 Economic Development is to assist the Governor in working with 17 the Legislature, state agencies, business leaders, and 18 economic development professionals to formulate and implement 19 coherent and consistent policies and strategies designed to 20 provide economic opportunities for all Floridians. To 21 accomplish such purposes, the Office of Tourism, Trade, and 22 Economic Development shall: 23 (g) Serve as contract administrator for the state with 24 respect to contracts with Enterprise Florida, Inc., the 25 Florida Commission on Tourism, Space Florida, and all 26 direct-support organizations under this act, excluding those 27 relating to tourism. To accomplish the provisions of this act 28 and applicable provisions of chapter 288, and notwithstanding 29 the provisions of part I of chapter 287, the office shall 30 enter into specific contracts with Enterprise Florida, Inc., 31 the Florida Commission on Tourism, Space Florida, and other 65 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 appropriate direct-support organizations. Such contracts may 2 be multiyear and shall include specific performance measures 3 for each year. 4 Section 51. Section 74.011, Florida Statutes, is 5 amended to read: 6 74.011 Scope.--In any eminent domain action, properly 7 instituted by and in the name of the state; the Department of 8 Transportation; any county, school board, municipality, 9 expressway authority, regional water supply authority, 10 transportation authority, flood control district, or drainage 11 or subdrainage district; the ship canal authority; any 12 lawfully constituted housing, port, or aviation authority; the 13 Florida Space Authority; or any rural electric cooperative, 14 telephone cooperative corporation, or public utility 15 corporation, the petitioner may avail itself of the provisions 16 of this chapter to take possession and title in advance of the 17 entry of final judgment. 18 Section 52. Subsection (6) of section 196.012, Florida 19 Statutes, is amended to read: 20 196.012 Definitions.--For the purpose of this chapter, 21 the following terms are defined as follows, except where the 22 context clearly indicates otherwise: 23 (6) Governmental, municipal, or public purpose or 24 function shall be deemed to be served or performed when the 25 lessee under any leasehold interest created in property of the 26 United States, the state or any of its political subdivisions, 27 or any municipality, agency, special district, authority, or 28 other public body corporate of the state is demonstrated to 29 perform a function or serve a governmental purpose which could 30 properly be performed or served by an appropriate governmental 31 unit or which is demonstrated to perform a function or serve a 66 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 purpose which would otherwise be a valid subject for the 2 allocation of public funds. For purposes of the preceding 3 sentence, an activity undertaken by a lessee which is 4 permitted under the terms of its lease of real property 5 designated as an aviation area on an airport layout plan which 6 has been approved by the Federal Aviation Administration and 7 which real property is used for the administration, operation, 8 business offices and activities related specifically thereto 9 in connection with the conduct of an aircraft full service 10 fixed base operation which provides goods and services to the 11 general aviation public in the promotion of air commerce shall 12 be deemed an activity which serves a governmental, municipal, 13 or public purpose or function. Any activity undertaken by a 14 lessee which is permitted under the terms of its lease of real 15 property designated as a public airport as defined in s. 16 332.004(14) by municipalities, agencies, special districts, 17 authorities, or other public bodies corporate and public 18 bodies politic of the state, a spaceport as defined in s. 19 331.303(19), or which is located in a deepwater port 20 identified in s. 403.021(9)(b) and owned by one of the 21 foregoing governmental units, subject to a leasehold or other 22 possessory interest of a nongovernmental lessee that is deemed 23 to perform an aviation, airport, aerospace, maritime, or port 24 purpose or operation shall be deemed an activity that serves a 25 governmental, municipal, or public purpose. The use by a 26 lessee, licensee, or management company of real property or a 27 portion thereof as a convention center, visitor center, sports 28 facility with permanent seating, concert hall, arena, stadium, 29 park, or beach is deemed a use that serves a governmental, 30 municipal, or public purpose or function when access to the 31 property is open to the general public with or without a 67 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 charge for admission. If property deeded to a municipality by 2 the United States is subject to a requirement that the Federal 3 Government, through a schedule established by the Secretary of 4 the Interior, determine that the property is being maintained 5 for public historic preservation, park, or recreational 6 purposes and if those conditions are not met the property will 7 revert back to the Federal Government, then such property 8 shall be deemed to serve a municipal or public purpose. The 9 term "governmental purpose" also includes a direct use of 10 property on federal lands in connection with the Federal 11 Government's Space Exploration Program or spaceport activities 12 as defined in s. 212.02(22). Real property and tangible 13 personal property owned by the Federal Government or Space 14 Florida the Florida Space Authority and used for defense and 15 space exploration purposes or which is put to a use in support 16 thereof shall be deemed to perform an essential national 17 governmental purpose and shall be exempt. "Owned by the 18 lessee" as used in this chapter does not include personal 19 property, buildings, or other real property improvements used 20 for the administration, operation, business offices and 21 activities related specifically thereto in connection with the 22 conduct of an aircraft full service fixed based operation 23 which provides goods and services to the general aviation 24 public in the promotion of air commerce provided that the real 25 property is designated as an aviation area on an airport 26 layout plan approved by the Federal Aviation Administration. 27 For purposes of determination of "ownership," buildings and 28 other real property improvements which will revert to the 29 airport authority or other governmental unit upon expiration 30 of the term of the lease shall be deemed "owned" by the 31 governmental unit and not the lessee. Providing two-way 68 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 telecommunications services to the public for hire by the use 2 of a telecommunications facility, as defined in s. 364.02(15), 3 and for which a certificate is required under chapter 364 does 4 not constitute an exempt use for purposes of s. 196.199, 5 unless the telecommunications services are provided by the 6 operator of a public-use airport, as defined in s. 332.004, 7 for the operator's provision of telecommunications services 8 for the airport or its tenants, concessionaires, or licensees, 9 or unless the telecommunications services are provided by a 10 public hospital. However, property that is being used to 11 provide such telecommunications services on or before October 12 1, 1997, shall remain exempt, but such exemption expires 13 October 1, 2004. 14 Section 53. Subsection (22) of section 212.02, Florida 15 Statutes, is amended to read: 16 212.02 Definitions.--The following terms and phrases 17 when used in this chapter have the meanings ascribed to them 18 in this section, except where the context clearly indicates a 19 different meaning: 20 (22) "Spaceport activities" means activities directed 21 or sponsored by Space Florida the Florida Space Authority on 22 spaceport territory pursuant to its powers and 23 responsibilities under the Space Florida Act Florida Space 24 Authority Act. 25 Section 54. Subsection (7) of section 288.063, Florida 26 Statutes, is amended to read: 27 288.063 Contracts for transportation projects.-- 28 (7) For the purpose of this section, Space Florida the 29 Florida Space Authority may serve as the local government or 30 as the contracting agency for transportation projects within 31 spaceport territory as defined by s. 331.304. 69 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Section 55. 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, Space Florida the Florida Space Authority created 9 in part II of chapter 331, the Florida Aerospace Finance 10 Corporation created in part III of chapter 331, the public 11 economic development agency of a county or municipality, or 12 any research and development authority created in accordance 13 with part V of chapter 159. The term also includes any private 14 agency, person, partnership, corporation, or business entity 15 when authorized by the state, a municipality, or a county to 16 promote the general business interests or industrial interests 17 of the state or that municipality or county. 18 Section 56. Subsection (2) of section 288.35, Florida 19 Statutes, is amended to read: 20 288.35 Definitions.--The following terms, wherever 21 used or referred to in this part, shall have the following 22 meanings: 23 (2) "Government agency" means the state or any county 24 or political subdivision thereof; any state agency; any 25 consolidated government of a county, and some or all of the 26 municipalities located within the said county; any chartered 27 municipality in the state; and any of the institutions of such 28 consolidated governments, counties, or municipalities. 29 Specifically included are airports, port authorities, 30 industrial authorities, and Space Florida the Florida Space 31 Authority. 70 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Section 57. Subsection (2) of section 288.9415, 2 Florida Statutes, is amended to read: 3 288.9415 International Trade Grants.-- 4 (2) A county, municipality, economic development 5 council, Space Florida the Florida Space Authority , or a 6 not-for-profit association of businesses organized to assist 7 in the promotion of international trade may apply for a grant 8 of state funds for the promotion of international trade. 9 Section 58. Paragraph (j) of subsection (5) of section 10 212.08, Florida Statutes, is amended to read: 11 212.08 Sales, rental, use, consumption, distribution, 12 and storage tax; specified exemptions.--The sale at retail, 13 the rental, the use, the consumption, the distribution, and 14 the storage to be used or consumed in this state of the 15 following are hereby specifically exempt from the tax imposed 16 by this chapter. 17 (5) EXEMPTIONS; ACCOUNT OF USE.-- 18 (j) Machinery and equipment used in semiconductor, 19 defense, or space technology production and research and 20 development.-- 21 1.a. Industrial machinery and equipment used in 22 semiconductor technology facilities certified under 23 subparagraph 6. to manufacture, process, compound, or produce 24 semiconductor technology products for sale or for use by these 25 facilities are exempt from the tax imposed by this chapter. 26 For purposes of this paragraph, industrial machinery and 27 equipment includes molds, dies, machine tooling, other 28 appurtenances or accessories to machinery and equipment, 29 testing equipment, test beds, computers, and software, whether 30 purchased or self-fabricated, and, if self-fabricated, 31 includes materials and labor for design, fabrication, and 71 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 assembly. 2 b. Industrial machinery and equipment used in defense 3 or space technology facilities certified under subparagraph 6. 4 to design, manufacture, assemble, process, compound, or 5 produce defense technology products or space technology 6 products for sale or for use by these facilities are exempt 7 from 25 percent of the tax imposed by this chapter. 8 2.a. Machinery and equipment are exempt from the tax 9 imposed by this chapter if used predominately in semiconductor 10 wafer research and development activities in a semiconductor 11 technology research and development facility certified under 12 subparagraph 6. For purposes of this paragraph, machinery and 13 equipment includes molds, dies, machine tooling, other 14 appurtenances or accessories to machinery and equipment, 15 testing equipment, test beds, computers, and software, whether 16 purchased or self-fabricated, and, if self-fabricated, 17 includes materials and labor for design, fabrication, and 18 assembly. 19 b. Machinery and equipment are exempt from 25 percent 20 of the tax imposed by this chapter if used predominately in 21 defense or space research and development activities in a 22 defense or space technology research and development facility 23 certified under subparagraph 6. 24 3. Building materials purchased for use in 25 manufacturing or expanding clean rooms in 26 semiconductor-manufacturing facilities are exempt from the tax 27 imposed by this chapter. 28 4. In addition to meeting the criteria mandated by 29 subparagraph 1., subparagraph 2., or subparagraph 3., a 30 business must be certified by the Office of Tourism, Trade, 31 and Economic Development as authorized in this paragraph in 72 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 order to qualify for exemption under this paragraph. 2 5. For items purchased tax exempt pursuant to this 3 paragraph, possession of a written certification from the 4 purchaser, certifying the purchaser's entitlement to exemption 5 pursuant to this paragraph, relieves the seller of the 6 responsibility of collecting the tax on the sale of such 7 items, and the department shall look solely to the purchaser 8 for recovery of tax if it determines that the purchaser was 9 not entitled to the exemption. 10 6.a. To be eligible to receive the exemption provided 11 by subparagraph 1., subparagraph 2., or subparagraph 3., a 12 qualifying business entity shall initially apply to Enterprise 13 Florida, Inc. The original certification shall be valid for a 14 period of 2 years. In lieu of submitting a new application, 15 the original certification may be renewed biennially by 16 submitting to the Office of Tourism, Trade, and Economic 17 Development a statement, certified under oath, that there has 18 been no material change in the conditions or circumstances 19 entitling the business entity to the original certification. 20 The initial application and certification renewal statement 21 shall be developed by the Office of Tourism, Trade, and 22 Economic Development in consultation with Enterprise Florida, 23 Inc. 24 b. Enterprise Florida, Inc., shall review each 25 submitted initial application and information and determine 26 whether or not the application is complete within 5 working 27 days. Once an application is complete, Enterprise Florida, 28 Inc., shall, within 10 working days, evaluate the application 29 and recommend approval or disapproval of the application to 30 the Office of Tourism, Trade, and Economic Development. 31 c. Upon receipt of the initial application and 73 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 recommendation from Enterprise Florida, Inc., or upon receipt 2 of a certification renewal statement, the Office of Tourism, 3 Trade, and Economic Development shall certify within 5 working 4 days those applicants who are found to meet the requirements 5 of this section and notify the applicant, Enterprise Florida, 6 Inc., and the department of the original certification or 7 certification renewal. If the Office of Tourism, Trade, and 8 Economic Development finds that the applicant does not meet 9 the requirements of this section, it shall notify the 10 applicant and Enterprise Florida, Inc., within 10 working days 11 that the application for certification has been denied and the 12 reasons for denial. The Office of Tourism, Trade, and Economic 13 Development has final approval authority for certification 14 under this section. 15 7.a. A business may apply once each year for the 16 exemption. 17 d.b. The initial application and certification renewal 18 statement must indicate, for program evaluation purposes only, 19 the average number of full-time equivalent employees at the 20 facility over the preceding calendar year, the average wage 21 and benefits paid to those employees over the preceding 22 calendar year, the total investment made in real and tangible 23 personal property over the preceding calendar year, and the 24 total value of tax-exempt purchases and taxes exempted during 25 the previous year. The department shall assist the Office of 26 Tourism, Trade, and Economic Development in evaluating and 27 verifying information provided in the application for 28 exemption. 29 e.c. The Office of Tourism, Trade, and Economic 30 Development may use the information reported on the initial 31 application and certification renewal statement for evaluation 74 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 purposes only and shall prepare an annual report on the 2 exemption program and its cost and impact. The annual report 3 for the preceding fiscal year shall be submitted to the 4 Governor, the President of the Senate, and the Speaker of the 5 House of Representatives by September 30 of each fiscal year. 6 7.8. A business certified to receive this exemption 7 may elect to designate one or more state universities or 8 community colleges as recipients of up to 100 percent of the 9 amount of the exemption for which they may qualify. To receive 10 these funds, the institution must agree to match the funds so 11 earned with equivalent cash, programs, services, or other 12 in-kind support on a one-to-one basis in the pursuit of 13 research and development projects as requested by the 14 certified business. The rights to any patents, royalties, or 15 real or intellectual property must be vested in the business 16 unless otherwise agreed to by the business and the university 17 or community college. 18 8.9. As used in this paragraph, the term: 19 a. "Predominately" means at least 50 percent of the 20 time in qualifying research and development. 21 b. "Research and development" means basic and applied 22 research in the science or engineering, as well as the design, 23 development, and testing, of prototypes or processes of new or 24 improved products, including the design, development, and 25 testing of space launch vehicles, space flight vehicles, 26 missiles, satellites, or research payloads, avionics, and 27 associated control systems and processing systems, and 28 components of any of the foregoing. Research and development 29 does not include market research, routine consumer product 30 testing, sales research, research in the social sciences or 31 psychology, or similar nontechnological activities, or 75 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 technical services. 2 c. "Semiconductor technology products" means raw 3 semiconductor wafers or semiconductor thin films that are 4 transformed into semiconductor memory or logic wafers, 5 including wafers containing mixed memory and logic circuits; 6 related assembly and test operations; active-matrix flat panel 7 displays; semiconductor chips; semiconductor lasers; 8 optoelectronic elements; and related semiconductor technology 9 products as determined by the Office of Tourism, Trade, and 10 Economic Development. 11 d. "Clean rooms" means manufacturing facilities 12 enclosed in a manner that meets the clean manufacturing 13 requirements necessary for high-technology 14 semiconductor-manufacturing environments. 15 e. "Defense technology products" means products that 16 have a military application, including, but not limited to, 17 weapons, weapons systems, guidance systems, surveillance 18 systems, communications or information systems, munitions, 19 aircraft, vessels, or boats, or components thereof, which are 20 intended for military use and manufactured in performance of a 21 contract with the United States Department of Defense or the 22 military branch of a recognized foreign government or a 23 subcontract thereunder which relates to matters of national 24 defense. 25 f. "Space technology products" means products that are 26 specifically designed or manufactured for application in space 27 activities, including, but not limited to, space launch 28 vehicles, space flight vehicles, missiles, satellites or 29 research payloads, avionics, and associated control systems 30 and processing systems and components of any of the foregoing. 31 The term does not include products that are designed or 76 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 manufactured for general commercial aviation or other uses 2 even though those products may also serve an incidental use in 3 space applications. 4 Section 59. Section 1004.86, Florida Statutes, is 5 created to read: 6 1004.86 Florida Center for Mathematics and Science 7 Education Research.-- 8 (1) The Department of Education shall contract with a 9 competitively selected public or private university to create 10 and operate the Florida Center for Mathematics and Science 11 Education Research. The purpose of the center is increasing 12 student achievement in mathematics and science, with an 13 emphasis on K-12 education. The center shall: 14 (a) Provide technical assistance and support to school 15 districts and schools in the development and implementation of 16 mathematics and science instruction. 17 (b) Conduct applied research on policy and practices 18 related to mathematics and science instruction and assessment 19 in the state. 20 (c) Conduct or compile basic research regarding 21 student acquisition of mathematics and science knowledge and 22 skills. 23 (d) Develop comprehensive course frameworks for 24 mathematics and science courses that emphasize rigor and 25 relevance at the elementary, middle, and high school levels. 26 Student achievement data should be used to aid in the 27 development of course frameworks for low-performing schools, 28 special needs students, females, and minorities. 29 (e) Disseminate information regarding research-based 30 teaching practices in mathematics and science to teachers and 31 teacher educators in the state. 77 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (f) Collect, manage, and report on assessment 2 information regarding student achievement in mathematics and 3 science. The report shall include student achievement by 4 ethnic group. 5 (g) Establish partnerships with public and private 6 universities, community colleges, school districts, and other 7 appropriate entities to further increase student achievement 8 in mathematics and science. 9 (h) Develop a comprehensive plan, with input from 10 school districts, to increase the number and percentage of 11 females and minority students enrolling in and successfully 12 completing mathematics and science courses. 13 (2) The department shall monitor the center through 14 the Division of K-12 Public Schools. 15 Section 60. Sections 331.314, 331.315, 331.367, 16 331.368, 331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 17 331.415, 331.417, and 331.419, Florida Statutes, are repealed. 18 Section 61. No later than September 1, 2006, the 19 Florida Space Authority, the Florida Space Research Institute, 20 and the Florida Aerospace Finance Corporation shall submit 21 articles of dissolution to the Department of State in 22 accordance with s. 607.1403, or s. 617.1403, s. 607.1011, or 23 s. 617.1011, Florida Statutes, as applicable. The Legislature 24 declares and finds that the Florida Space Authority is to 25 merge into Space Florida, pursuant to s. 189.4045, Florida 26 Statutes, upon this act becoming law. Space Florida, as 27 created by this act, is the successor organization to the 28 Florida Space Authority, the Florida Space Research Institute, 29 and the Florida Aerospace Finance Corporation. The Florida 30 Space Authority, the Florida Space Research Institute, and the 31 Florida Aerospace Finance Corporation shall transfer and Space 78 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Florida shall receive all records, property, obligations, and 2 unexpended balances of appropriations, allocations, or other 3 funds of the dissolved entities. To ensure compliance with 26 4 U.S.C. 501(c)(3), Space Florida shall use the assets and funds 5 transferred to it from the Florida Space Research Institute 6 and the Florida Aerospace Finance Corporation in a manner 7 consistent with the purposes for which the originating entity 8 received such assets and funds. 9 Section 62. The Governor, the President of the Senate, 10 and the Speaker of the House of Representatives shall appoint 11 the board of directors of Space Florida no later than July 1, 12 2006. The board of directors of Space Florida shall hold its 13 first meeting no later than August 1, 2006. The board of 14 directors of Space Florida shall appoint a president no later 15 than September 1, 2006. The Executive Office of the Governor 16 shall provide staffing and transitional support to Space 17 Florida until December 31, 2006. 18 Section 63. Subsection (12) is added to section 19 288.1224, Florida Statutes, to read: 20 288.1224 Powers and duties.--The commission: 21 (12) Shall advise and cooperate with Space Florida 22 regarding space tourism marketing, when appropriate and 23 beneficial. 24 Section 64. Subsection (7) is added to section 25 288.9015, Florida Statutes, to read: 26 288.9015 Enterprise Florida, Inc.; purpose; duties.-- 27 (7) Enterprise Florida, Inc., shall enter into an 28 agreement with Space Florida to: 29 (a) Develop a plan to retain, expand, attract, and 30 create aerospace industry entities, public or private, which 31 result in the creation of high-value-added businesses and jobs 79 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 in this state. 2 (b) Develop a plan to assist in the financing of 3 aerospace businesses. 4 Section 65. Subsection (33) is added to section 5 334.044, Florida Statutes, to read: 6 334.044 Department; powers and duties.--The department 7 shall have the following general powers and duties: 8 (33) To enter into agreement with Space Florida to 9 coordinate and cooperate in the development of spaceport 10 infrastructure and related transportation facilities contained 11 in the Strategic Intermodal System Plan and, where 12 appropriate, encourage the cooperation and integration of 13 airports and spaceports in order to meet 14 transportation-related needs. 15 Section 66. Subsection (12) is added to section 16 445.004, Florida Statutes, to read: 17 445.004 Workforce Florida, Inc.; creation; purpose; 18 membership; duties and powers.-- 19 (12) Workforce Florida, Inc., shall enter into 20 agreement with Space Florida and collaborate with vocational 21 institutes, community colleges, colleges, and universities in 22 this state, to develop a workforce development strategy to 23 implement the workforce provisions of s. 331.3051. 24 Section 67. Subsection (17) is added to section 25 1001.10, Florida Statutes, read: 26 1001.10 Commissioner of Education; general powers and 27 duties.--The Commissioner of Education is the chief 28 educational officer of the state, and is responsible for 29 giving full assistance to the State Board of Education in 30 enforcing compliance with the mission and goals of the 31 seamless K-20 education system. To facilitate innovative 80 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 practices and to allow local selection of educational methods, 2 the State Board of Education may authorize the commissioner to 3 waive, upon the request of a district school board, State 4 Board of Education rules that relate to district school 5 instruction and school operations, except those rules 6 pertaining to civil rights, and student health, safety, and 7 welfare. The Commissioner of Education is not authorized to 8 grant waivers for any provisions in rule pertaining to the 9 allocation and appropriation of state and local funds for 10 public education; the election, compensation, and organization 11 of school board members and superintendents; graduation and 12 state accountability standards; financial reporting 13 requirements; reporting of out-of-field teaching assignments 14 under s. 1012.42; public meetings; public records; or due 15 process hearings governed by chapter 120. No later than 16 January 1 of each year, the commissioner shall report to the 17 Legislature and the State Board of Education all approved 18 waiver requests in the preceding year. Additionally, the 19 commissioner has the following general powers and duties: 20 (17) To enter into agreement with Space Florida to 21 develop innovative aerospace-related education programs that 22 promote mathematics and science education for grades K-20. 23 24 The commissioner's office shall operate all statewide 25 functions necessary to support the State Board of Education 26 and the K-20 education system, including strategic planning 27 and budget development, general administration, and assessment 28 and accountability. 29 Section 68. The following appropriations are made to 30 the Governor's Office of Tourism, Trade, and Economic 31 Development: 81 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 (1) From nonrecurring general revenue for fiscal year 2 2006-2007: 3 (a) The sum of $35 million is appropriated to be used 4 for infrastructure needs related to the development of the 5 National Aeronautics and Space Administration's Crew 6 Exploration Vehicle. 7 (b) The sum of $8 million is appropriated for 8 implementation of recommendations made by the Governor's 9 Commission on the Future of Space and Aeronautics in Florida, 10 including, but not limited to, commercial launch assistance 11 and spaceport development. 12 (2) From recurring general revenue for fiscal year 13 2006-2007 and annually thereafter: 14 (a) The sum of $3 million is appropriated for 15 operational needs of Space Florida. For fiscal year 2006-2007, 16 funds may be used for operating and transition expenses of the 17 Florida Space Authority, the Florida Aerospace Finance 18 Corporation, and the Florida Space Research Institute, not to 19 exceed an amount equal to one-quarter of their fiscal year 20 2005-2006 appropriated budgets. 21 (b) The sum of $4 million is appropriated for 22 implementation of innovative education programs and financing 23 assistance for aerospace business development projects. 24 Section 69. This act shall take effect upon becoming a 25 law. 26 27 28 ================ T I T L E A M E N D M E N T =============== 29 And the title is amended as follows: 30 Delete everything before the enacting clause 31 82 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 and insert: 2 A bill to be entitled 3 An act relating to the state's aerospace 4 industry; redesignating the "Florida Space 5 Authority" as "Space Florida"; creating s. 6 331.3011, F.S.; providing legislative intent; 7 amending s. 331.302, F.S.; establishing and 8 creating Space Florida as an independent 9 special district, a body politic and corporate, 10 for certain purposes; providing purposes and 11 duties and responsibilities of Space Florida; 12 providing definitions; revising and 13 consolidating the roles, purposes, 14 responsibilities, assets, and duties of the 15 Florida Space Authority as those of Space 16 Florida; deleting references to facilities and 17 complementary activities; providing additional 18 powers and duties of Space Florida; prohibiting 19 Space Florida from endorsing political 20 candidates or making campaign contributions; 21 characterizing certain property as Space 22 Florida territory; creating s. 331.3051, F.S.; 23 providing additional powers and 24 responsibilities of Space Florida relating to 25 the state's aerospace industry; deleting 26 authority to exercise eminent domain powers; 27 requiring Space Florida to create a business 28 plan and a marketing campaign; directing Space 29 Florida to enter into agreements with the 30 Department of Education, the Department of 31 Transportation, Enterprise Florida, Inc., and 83 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 Workforce Florida, Inc., for certain purposes; 2 requiring Space Florida to coordinate its 3 activities with federal and state agencies; 4 amending s. 331.308, F.S.; replacing provisions 5 providing for a board of supervisors with 6 provisions providing for a board of directors 7 of Space Florida; providing for designation and 8 appointment of members; providing requirements 9 of board members; providing for terms, removal 10 of members, and filling of vacancies; providing 11 for board meetings; specifying service without 12 compensation; providing for reimbursement of 13 certain expenses; providing financial 14 disclosure requirements; revising powers and 15 duties of the board; amending ss. 331.301, 16 331.303, 331.305, 331.306, 331.309, 331.310, 17 331.3101, 331.311, 331.312, 331.313, 331.316, 18 331.317, 331.318, 331.319, 331.320, 331.321, 19 331.322, 331.323, 331.324, 331.325, 331.326, 20 331.327, 331.328, 331.329, 331.331, 331.333, 21 331.334, 331.335, 331.336, 331.337, 331.338, 22 331.339, 331.340, 331.343, 331.345, 331.346, 23 331.347, 331.348, 331.349, 331.350, 331.351, 24 331.354, 331.355, 331.360, and 331.369, F.S., 25 to conform; amending ss. 14.2015, 74.011, 26 196.012, 212.02, 288.063, 288.075, 288.35, and 27 288.9415, F.S., to conform; amending s. 212.08, 28 F.S.; revising the exemption from the sales and 29 use tax on certain machinery and equipment; 30 creating s. 1004.86, F.S.; requiring the 31 Department of Education to contract for the 84 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 establishment of the Florida Center for 2 Mathematics and Science Education Research at a 3 public or private university; specifying 4 requirements for the center; repealing s. 5 331.314, F.S., relating to the exclusive 6 authority of the Florida Space Authority to 7 regulate spaceports; repealing s. 331.315, 8 F.S., relating to maintenance of projects 9 across rights-of-way; repealing s. 331.367, 10 F.S., relating to the Spaceport Management 11 Council; repealing s. 331.368, F.S., relating 12 to the Florida Space Research Institute; 13 repealing ss. 331.401, 331.403, 331.405, 14 331.407, 331.409, 331.411, 331.415, 331.417, 15 and 331.419, F.S., relating to the Florida 16 Aerospace Finance Corporation; requiring the 17 Florida Space Authority, the Florida Space 18 Research Institute, and the Florida Aerospace 19 Finance Corporation to submit articles of 20 dissolution to the Department of State by a 21 specified date; providing that Space Florida 22 assumes the records, property, and unexpended 23 balances of appropriations, allocations, and 24 other funds from the dissolved entities; 25 requiring the Governor, the President of the 26 Senate, and the Speaker of the House of 27 Representatives to appoint the board of 28 directors of Space Florida by a specified date; 29 requiring the board of directors of Space 30 Florida to hold its first meeting by a 31 specified date; amending s. 228.1224, F.S.; 85 1:21 PM 04/26/06 h148904e1d-24-t01
Florida Senate - 2006 SENATOR AMENDMENT Bill No. HB 1489, 1st Eng. Barcode 410942 1 requiring the Florida Commission on Tourism to 2 advise and cooperate with Space Florida under 3 certain circumstances; amending ss. 288.9015, 4 334.044, 445.004, and 1001.10, F.S.; requiring 5 Enterprise Florida, Inc., the Department of 6 Transportation, Workforce Florida, Inc., and 7 the Commissioner of Education to enter into 8 agreement with Space Florida for certain 9 purposes; providing appropriations; providing 10 an effective date. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 86 1:21 PM 04/26/06 h148904e1d-24-t01