HB 1489

1
A bill to be entitled
2An act relating to the state's aerospace industry;
3redesignating the "Florida Space Authority" as "Space
4Florida"; providing legislative intent; providing
5definitions; revising and consolidating the roles,
6purposes, responsibilities, assets, and duties of the
7Florida Space Authority as those of Space Florida;
8deleting authority to establish facilities and
9complementary activities; providing additional powers and
10duties of Space Florida; prohibiting Space Florida from
11endorsing political candidates or making campaign
12contributions; characterizing certain property as Space
13Florida territory; providing additional powers and
14responsibilities of Space Florida relating to the state's
15aerospace industry; deleting authority to exercise eminent
16domain powers; requiring Space Florida to create a
17business plan and a marketing campaign; requiring Space
18Florida to coordinate its activities with federal and
19state agencies; replacing provisions providing for a board
20of supervisors with provisions providing for a board of
21directors of Space Florida; providing for designation and
22appointment of members; providing for terms, removal of
23members, and filling of vacancies; providing for board
24meetings; specifying service without compensation;
25providing for reimbursement of certain expenses; providing
26financial disclosure requirements; revising powers and
27duties of the board; creating ss. 331.3011 and 331.3051,
28F.S.; amending ss. 331.301, 331.302, 331.303, 331.305,
29331.306, 331.308, 331.309, 331.310, 331.3101, 331.311,
30331.312, 331.313, 331.315, 331.316, 331.317, 331.318,
31331.319, 331.320, 331.321, 331.322, 331.323, 331.324,
32331.325, 331.326, 331.327, 331.328, 331.329, 331.331,
33331.333, 331.334, 331.335, 331.336, 331.337, 331.338,
34331.339, 331.340, 331.343, 331.345, 331.346, 331.347,
35331.348, 331.349, 331.350, 331.351, 331.354, 331.355,
36331.360, and 331.369, F.S., to conform; amending ss.
3714.2015, 74.011, 196.012, 212.02, 288.063, 288.075,
38288.35, and 288.9415, F.S., to conform; amending s.
39212.08, F.S.; expanding the exemption from the sales and
40use tax on certain machinery and equipment; amending s.
41212.20, F.S.; requiring dealers at certain business
42locations to file returns with the Department of Revenue
43disclosing certain sales tax information; specifying
44return requirements; requiring the department to
45distribute certain proceeds to Space Florida; requiring
46expenditure of such proceeds for certain purposes;
47creating s. 1004.86, F.S.; requiring the Department of
48Education to establish the Florida Center for Mathematics
49and Science Education Research at a public state
50university; specifying requirements for the center;
51repealing s. 331.314, F.S., relating to the exclusive
52authority of the Florida Space Authority to regulate
53spaceports; repealing s. 331.367, F.S., relating to the
54Spaceport Management Council; repealing s. 331.368, F.S.,
55relating to the Florida Space Research Institute;
56repealing ss. 331.401, 331.403, 331.405, 331.407, 331.409,
57331.411, 331.415, 331.417, and 331.419, F.S., relating to
58the Florida Aerospace Finance Corporation; providing that
59the Florida Space Authority, the Florida Space Research
60Institute, and the Florida Aerospace Finance Corporation
61are dissolved on a specified date; providing that Space
62Florida assumes the records, property, and unexpended
63balances of appropriations, allocations, and other funds
64from the dissolved entities; requiring the Governor, the
65President of the Senate, and the Speaker of the House of
66Representatives to appoint the board of directors of Space
67Florida by a specified date; requiring the board of
68directors of Space Florida to hold its first meeting by a
69specified date; amending ss. 228.1224, 288.9015, 445.004,
70and 1001.10, F.S.; requiring the Florida Commission on
71Tourism, Enterprise Florida, Inc., Workforce Florida,
72Inc., and the Commissioner of Education to enter into
73memoranda of agreement with Space Florida; providing an
74effective date.
75
76Be It Enacted by the Legislature of the State of Florida:
77
78     Section 1.  Section 331.301, Florida Statutes, is amended
79to read:
80     331.301  Short title.--This act may be cited as the "Space
81Florida Space Authority Act."
82     Section 2.  Section 331.3011, Florida Statutes, is created
83to read:
84     331.3011  Legislative findings and intent.--
85     (1)  The Legislature finds and declares that the aerospace
86industry of this state is integral to the state's long-term
87success in diversifying its economy and building a knowledge-
88based economy that is able to support the creation of high
89value-added businesses and jobs. Further, under the direction
90and leadership of a single, private-public board, this state has
91the opportunity to strengthen its existing leadership in civil
92and military aerospace activity and emerge as a leader in the
93nation's new vision for space exploration and commercial
94aerospace opportunities, including the integration of space,
95aeronautics, and aviation technologies. As the leading location
96for talent, research, advanced technologies and systems
97development, launch, and other aerospace-based industry
98activities, this state can position itself for sustainable
99economic growth and prosperity.
100     (2)  The Legislature finds that attaining this vision
101requires a strong public and private commitment to a world class
102aerospace and aeronautics industry. It is the intent of the
103Legislature that Space Florida will encourage the public and
104private sectors to work together to implement an aggressive
105strategy that enhances the state's workforce, education, and
106research capabilities, with emphasis on mathematics, science,
107engineering, and related fields; will focus on the state's
108economic development efforts in order to capture a larger share
109of activity in aerospace research, technology, production, and
110commercial operations, while maintaining the state's historical
111leadership in space launch activities; and will preserve the
112unique national role served by the Cape Canaveral Air Force
113Station and Kennedy Space Center by reducing costs and improving
114the regulatory flexibility for commercial sector launches while
115pursuing the development of alternative sites for commercial
116horizontal launches.
117     (3)  It is the intent of the Legislature that aerospace
118activities be highly visible and coordinated within this state.
119To that end, it is the intent of the Legislature that Space
120Florida provide a single point of contact for state aerospace-
121related activities with federal agencies, the military, state
122agencies, businesses, and the private sector.
123     Section 3.  Section 331.302, Florida Statutes, is amended
124to read:
125(Substantial rewording of section. See
126s. 331.302, F.S., for present text.)
127     331.302  Space Florida; creation; purpose.--
128     (1)  There is established, formed, and created Space
129Florida, which is created and incorporated as a public
130corporation, body politic, and subdivision of the state to
131foster the growth and development of a sustainable and world-
132leading aerospace industry in this state. Space Florida shall
133promote aerospace business development by facilitating business
134financing, spaceport operations, research and development,
135workforce development, and innovative education programs. Space
136Florida has all the powers, rights, privileges, and authority as
137provided under the laws of this state.
138     (2)  In carrying out its duties and responsibilities, Space
139Florida shall advise, coordinate, cooperate, and, when
140necessary, enter into memoranda of agreement with
141municipalities, counties, regional authorities, state agencies
142and organizations, appropriate federal agencies and
143organizations, and other interested persons and groups.
144     (3)  Space Florida may not endorse any candidate for any
145elected public office or contribute money to the campaign of any
146candidate for public office.
147     (4)  Space Florida is not an agency as defined in ss.
148216.011 and 287.012.
149     Section 4.  Section 331.303, Florida Statutes, is amended
150to read:
151     331.303  Definitions.--
152     (1)  "Aerospace" means the industry that designs and
153manufactures aircraft related to space flight, rockets,
154missiles, spacecraft, satellites, space vehicles, space
155stations, space facilities or components thereof, and equipment,
156systems, facilities, simulators, programs, and related
157activities. "Authority" means the Florida Space Authority
158created by this act.
159     (2)  "Board" or "board of directors supervisors" means the
160governing body of Space Florida the authority.
161     (3)  "Bonds" means revenue bonds, assessment bonds, or
162other bonds or obligations issued by Space Florida the authority
163for the purpose of raising financing for its projects.
164     (4)  "Business client" means any person, other than a state
165official or state employee, who receives the services of, or is
166the subject of solicitation by, representatives of Space Florida
167the authority in connection with the performance of its
168statutory duties, including purchasers or prospective purchasers
169of Space Florida authority services, persons or representatives
170of firms considering or being solicited for investment in Space
171Florida authority projects, persons or representatives of firms
172considering or being solicited for location, relocation, or
173expansion of an aerospace-related a space-related business
174within the state, and business, financial, or other persons
175connected with the aerospace space industry.
176     (5)  "Complementary activity" means any aerospace space
177business incubator, aerospace space tourism activity,
178educational involvement in an incubator, or space tourism and
179aerospace-related space-related research and development.
180     (6)  "Conduit bond" means any bond of Space Florida that
181the authority which is a nonrecourse obligation of Space Florida
182the authority payable from the proceeds of the such bonds and
183related financing agreements.
184     (7)  "Cost" means all costs, fees, charges, expenses, and
185amounts associated with the development of projects by Space
186Florida the authority.
187     (8)  "Entertainment expenses" means the actual, necessary,
188and reasonable costs of providing hospitality for business
189clients or guests, which costs are defined and prescribed by
190rules adopted by Space Florida the authority, subject to
191approval by the Chief Financial Officer.
192     (9)  "Federal aid" means any property, funding, or other
193financial assistance provided by the Federal Government to Space
194Florida the authority for its projects.
195     (10)  "Financing agreement" means a lease, lease-purchase
196agreement, lease with option to purchase, sale or installment
197sale agreement, whether title passes in whole or in part at any
198time before prior to, at, or after completion of the project,
199loan agreement, or other agreement forming the basis for the
200financing under this act, including any agreements, guarantees,
201or security instruments forming part of or related to providing
202assurance of payment of the obligations under the such financing
203agreement.
204     (11)  "Guest" means a person, other than a state official
205or state employee, authorized by the board or its designee to
206receive the hospitality of Space Florida the authority in
207connection with the performance of its statutory duties.
208     (12)  "Landing area" means the geographical area designated
209by Space Florida the authority within the spaceport territory
210for or intended for the landing and surface maneuvering of any
211launch or other space vehicle.
212     (13)  "Launch pad" means any launch pad, runway, airstrip,
213or similar facility used by the spaceport or spaceport user for
214launching of space vehicles.
215     (14)  "Payload" means any property or cargo to be
216transported aboard any vehicle launched by or from the
217spaceport.
218     (15)  "Person" means any individual, child, community
219college, college, university, firm, association, joint venture,
220partnership, estate, trust, business trust, syndicate,
221fiduciary, corporation, nation, government (federal, state, or
222local), agency (government or other), subdivision of the state,
223municipality, county, business entity, or any other group or
224combination.
225     (16)  "Project" means any development, improvement,
226property, launch, utility, facility, system, works, road,
227sidewalk, enterprise, service, or convenience, which may include
228coordination with state partners or agencies Enterprise Florida,
229Inc., the Board of Education, the Florida Aerospace Finance
230Corporation, and the Florida Space Research Institute; any
231rocket, capsule, module, launch facility, assembly facility,
232operations or control facility, tracking facility,
233administrative facility, or any other type of space-related
234transportation vehicle, station, or facility; any type of
235equipment or instrument to be used or useful in connection with
236any of the foregoing; any type of intellectual property and
237intellectual property protection in connection with any of the
238foregoing including, without limitation, any patent, copyright,
239trademark, and service mark for, among other things, computer
240software; any water, wastewater, gas, or electric utility
241system, plant, or distribution or collection system; any small
242business incubator initiative, including any startup aerospace
243company, and any aerospace business proposing to expand or
244locate its business in this state, research and development
245company, research and development facility, education and
246workforce training facility, storage facility, and consulting
247service; or any tourism initiative, including any space
248experience attraction, microgravity flight program, aerospace
249space-launch-related activity, and space museum sponsored or
250promoted by Space Florida the authority.
251     (17)  "Range" means the geographical area designated by
252Space Florida the authority or other appropriate body as the
253area for the launching of rockets, missiles, launch vehicles,
254and other vehicles designed to reach high altitude.
255     (18)  "Recovery" means the recovery of space vehicles and
256payloads which have been launched from or by a the spaceport.
257     (19)  "Spaceport" means any area of land or water, or any
258manmade object or facility located therein, developed by Space
259Florida the authority under this act, which area is intended for
260public use or for the launching, takeoff, and landing of
261spacecraft and aircraft, and includes any appurtenant areas
262which are used or intended for public use, for spaceport
263buildings, or for other spaceport facilities, spaceport
264projects, or rights-of-way.
265     (20)  "Spaceport Florida" means the authority or its
266facilities and projects.
267     (20)(21)  "Spaceport launch facilities" means shall be
268defined as industrial facilities as described in accordance with
269s. 380.0651(3)(c) and include any launch pad, launch control
270center, and fixed launch-support equipment.
271     (21)(22)  "Spaceport system" means the programs,
272organizations, and infrastructure developed by Space Florida the
273authority for the development of facilities or activities to
274enhance and provide commercial aerospace space-related
275development opportunities for business, education, workforce
276development, and government within the state.
277     (22)(23)  "Spaceport territory" means the geographical area
278designated in s. 331.304 and as amended or changed in accordance
279with s. 331.329.
280     (23)(24)  "Spaceport user" means any person who uses the
281facilities or services of any spaceport; and, for the purposes
282of any exemptions or rights granted under this act, the said
283spaceport user shall be deemed a spaceport user only during the
284time period in which the such person has in effect a contract,
285memorandum of understanding, or agreement with the spaceport,
286and such rights and exemptions shall be granted with respect to
287transactions relating only to spaceport projects.
288     (24)(25)  "Travel expenses" means the actual, necessary,
289and reasonable costs of transportation, meals, lodging, and
290incidental expenses normally incurred by a traveler, which costs
291are defined and prescribed by rules adopted by Space Florida the
292authority, subject to approval by the Chief Financial Officer.
293     (25)(26)  "Spaceport discretionary capacity improvement
294projects" means capacity improvements that enhance space
295transportation capacity at spaceports that have had one or more
296orbital or suborbital flights during the previous calendar year
297or have an agreement in writing for installation of one or more
298regularly scheduled orbital or suborbital flights upon the
299commitment of funds for stipulated spaceport capital
300improvements.
301     Section 5.  Section 331.305, Florida Statutes, is amended
302to read:
303     331.305  Powers of Space Florida the authority.--Space
304Florida may The authority shall have the power to:
305     (1)  Exercise all powers granted to corporations under the
306Florida Business Corporation Act, chapter 607.
307     (2)  Sue and be sued by its name in any court of law or in
308equity.
309     (3)  Adopt and use a corporate seal and alter the same at
310pleasure.
311     (4)  Review and make recommendations with respect to a
312strategy to guide and facilitate the future of space-related
313educational and commercial development. The authority shall in
314coordination with the Federal Government, private industry, and
315Florida universities develop a business plan which shall address
316the expansion of Spaceport Florida locations, space launch
317capacity, spaceport projects, and complementary activities,
318which shall include, but not be limited to, a detailed analysis
319of:
320     (a)  The authority and the commercial space industry.
321     (b)  Products, services description--potential,
322technologies, skills.
323     (c)  Market research and evaluation--customers,
324competition, economics.
325     (d)  Marketing plan and strategy.
326     (e)  Design and development plan--tasks, difficulties,
327costs.
328     (f)  Manufacturing locations, facilities, and operations
329plan.
330     (g)  Management organization--roles and responsibilities.
331     (h)  Overall schedule (monthly).
332     (i)  Important risks, assumptions, and problems.
333     (j)  Community impact--economic, human development,
334community development.
335     (k)  Financial plan (monthly for first year; quarterly for
336next 3 years).
337     (l)  Proposed authority offering--financing,
338capitalization, use of funds.
339     (4)(5)  Acquire property, real, personal, intangible,
340tangible, or mixed, within or without its territorial limits, in
341fee simple or any lesser interest or estate, by purchase, gift,
342devise, or lease, on such terms and conditions as the board may
343deem necessary or desirable, and sell or otherwise dispose of
344the same and of any of the assets and properties of Space
345Florida the authority.
346     (5)(6)  Make and execute any and all contracts and other
347instruments necessary or convenient to the exercise of its
348powers, including financing agreements with persons or spaceport
349users to facilitate the financing, construction, leasing, or
350sale of any project.
351     (6)(7)  Whenever deemed necessary by the board, lease as
352lessor or lessee to or from any person, public or private, any
353facilities or property for the use of Space Florida the
354authority and carry out any of the purposes of Space Florida the
355authority.
356     (7)(8)  Appoint, through its board of directors
357supervisors, a president an executive director.
358     (8)(9)  Own, acquire, construct, develop, create,
359reconstruct, equip, operate, maintain, extend, and improve
360launch pads, landing areas, ranges, payload assembly buildings,
361payload processing facilities, laboratories, aerospace space
362business incubators, launch vehicles, payloads, space flight
363hardware, facilities and equipment for the construction of
364payloads, space flight hardware, rockets, and other launch
365vehicles, and other spaceport facilities and other aerospace-
366related space-related systems, including educational, cultural,
367and parking facilities and space-related initiatives.
368     (9)  Insure, coinsure, lend, and guarantee loans and to
369originate for sale direct aerospace-related loans, pursuant to
370criteria, bylaws, policies, and procedures adopted by the board.
371     (10)  Capitalize, underwrite, and secure funding for
372aerospace infrastructure, satellites, launch vehicles, and any
373service that supports aerospace launches.
374     (11)  Construct, lease, or sell aerospace infrastructure,
375satellites, launch vehicles, and any other related activities
376and services.
377     (12)  Acquire, accept, or administer grants, contracts, and
378fees from other organizations to perform activities that are
379consistent with the purposes of this section.
380     (10)  Undertake a program of advertising to the public
381promoting space-related businesses or any spaceport projects of
382the authority, and expend moneys and undertake such activities
383to carry out such advertising and promotional program as the
384board from time to time may determine.
385     (13)(11)  Own, acquire, construct, reconstruct, equip,
386operate, maintain, extend, or and improve transportation
387facilities appropriate to meet the transportation requirements
388of Space Florida the authority and activities conducted within
389the spaceport territory.
390     (14)(12)  Own, acquire, construct, reconstruct, equip,
391operate, maintain, extend, or and improve electric power plants,
392transmission lines and related facilities, gas mains and
393facilities of any nature for the production or distribution of
394natural gas, transmission lines and related facilities and
395plants and facilities for the generation and transmission of
396power through traditional and new and experimental sources of
397power and energy; purchase electric power, natural gas, and
398other sources of power for distribution within any spaceport
399territory; develop and operate water and sewer systems and waste
400collection and disposal consistent with chapter 88-130, Laws of
401Florida; and develop and operate such new and experimental
402public utilities, including, but not limited to, centrally
403distributed heating and air-conditioning facilities and
404services, closed-circuit television systems, and computer
405services and facilities, as the board may from time to time
406determine. However, Space Florida may the authority shall not
407construct any system, work, project, or utility authorized to be
408constructed under this paragraph in the event that a system,
409work, project, or utility of a similar character is being
410actually operated by a municipality or private company in the
411municipality or territory adjacent thereto, unless such
412municipality or private company consents to such construction.
413     (15)(13)  Designate, set aside, and maintain lands and
414areas within or without the territorial limits of any spaceport
415territory as conservation areas or bird and wildlife
416sanctuaries; stock such areas with animal and plant life and
417stock water areas with fish and other aquatic life; adopt
418pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
419rules and regulations with respect thereto and protect and
420preserve the natural beauty thereof; and do all acts necessary
421or desirable in order to qualify such lands and areas as
422conservation areas and sanctuaries under any of the laws of the
423state or under federal law.
424     (16)(14)  Establish a program for the control, abatement,
425and elimination of mosquitoes and other noxious insects,
426rodents, reptiles, and other pests throughout the spaceport
427territory and undertake such works and construct such facilities
428within or without the spaceport territory as may be determined
429by the board to be needed to effectuate such program; abate and
430suppress mosquitoes and other arthropods, whether disease-
431bearing or pestiferous, within any spaceport territory when in
432the judgment of the board such action is necessary or desirable
433for the health and welfare of the inhabitants of or visitors to
434any spaceport; and take any and all temporary or permanent
435eliminative measures that the board may deem advisable. The
436Legislature hereby finds and declares Space Florida the
437authority eligible to receive state funds, supplies, services,
438and equipment available or that may in the future become
439available to mosquito or pest control districts, the provisions
440of s. 388.021 notwithstanding.
441     (17)(15)  Subject to the rules and regulations of the
442appropriate water management district, own, acquire, construct,
443reconstruct, equip, maintain, operate, extend, and improve water
444and flood control facilities. The Legislature hereby finds and
445declares Space Florida the authority eligible to receive moneys,
446disbursements, and assistance from the state available to flood
447control or water management districts and navigation districts
448or agencies.
449     (18)(16)  Own, acquire, construct, reconstruct, equip,
450maintain, operate, extend, and improve public safety facilities
451for the spaceport, including security stations, security
452vehicles, fire stations, water mains and plugs, and fire trucks
453and other vehicles and equipment; hire employees, security
454officers, and firefighters; and undertake such works and
455construct such facilities determined by the board to be
456necessary or desirable to promote and ensure public safety
457within the spaceport territory.
458     (19)(17)  Hire, through its president executive director, a
459safety officer with substantial experience in public safety
460procedures and programs for space vehicle launching and related
461hazardous operations. The safety officer shall monitor and
462report on the safety and hazards of ground-based space
463operations to the president executive director.
464     (18)  Establish a personnel management system for hiring
465employees and setting employee benefit packages. The personnel
466of the authority shall not be considered to be within the state
467employment system.
468     (19)  Establish procedures, rules, and rates governing per
469diem and travel expenses of its employees, the members of the
470board of supervisors, and other persons authorized by the board
471to incur such expenses. Except as otherwise provided in s.
472331.3101, such rules are subject to provisions of state law or
473rules pertaining to per diem and travel expenses of public
474officers, employees, or other persons authorized by an agency
475head to incur such expenses.
476     (20)  Examine, develop, and use utilize new concepts,
477designs, and ideas; own, acquire, construct, reconstruct, equip,
478operate, maintain, extend, and improve experimental spaceport
479facilities and services; and otherwise undertake, sponsor,
480finance, and maintain such research activities, experimentation,
481and development as the board may from time to time determine, in
482connection with any of the projects that Space Florida the
483authority is authorized to undertake pursuant to the powers and
484authority vested in it by this act, and in order to promote the
485development and utilization of new concepts, designs, and ideas
486in the fields of space exploration, commercialization of the
487space industry, and spaceport facilities.
488     (21)  Issue revenue bonds, assessment bonds, or any other
489bonds or obligations authorized by the provisions of this act or
490any other law, or any combination of the foregoing, and pay all
491or part of the cost of the acquisition, construction,
492reconstruction, extension, repair, improvement, or maintenance
493of any project or combination of projects, including payloads
494and space flight hardware, and equipment for research,
495development, and educational activities, to provide for any
496facility, service, or other activity of Space Florida the
497authority, and provide for the retirement or refunding of any
498bonds or obligations of Space Florida the authority, or for any
499combination of the foregoing purposes. Space Florida The
500authority must provide 14 days' notice to the presiding officers
501and appropriations chairs of both houses of the Legislature
502prior to presenting a bond proposal to the Governor and Cabinet.
503If either presiding officer or appropriations chair objects to
504the bonding proposal within the 14-day-notice period, the bond
505issuance may be approved only by a vote of two-thirds of the
506members of the Governor and Cabinet.
507     (22)  Make expenditures for entertainment and travel
508expenses and business clients, guests, and other authorized
509persons as provided in this act.
510     (23)  In connection with any financing agreement, fix and
511collect fees, loan payments, rental payments, and other charges
512for the use of any project in such amount as to provide
513sufficient moneys to pay the principal of and interest on bonds
514as the same shall become due and payable, if so provided in the
515bond resolution or trust agreement, and to create reserves for
516such purposes. The fees, rents, payments, and charges and all
517other revenues and proceeds derived from the project in
518connection with which the bonds of any issue shall have been
519issued, except such part thereof as may be necessary for such
520reserves or any expenditures as may be provided in the
521resolution authorizing the issuance of the bonds or in the trust
522agreement securing the same, shall be set aside, at the time as
523may be specified in the resolution or trust agreement, in a
524sinking fund which may be pledged to and charged with the
525payment of the principal of and the interest on such bonds as
526the same shall become due and the redemption price or the
527purchase price of bonds retired by call or purchase as therein
528provided. Such pledge is shall be valid and binding from the
529time the pledge is made. The fees, rents, charges, and other
530revenues and moneys so pledged and thereafter received by or on
531behalf of Space Florida the authority shall immediately be
532subject to the lien of any such pledge without any physical
533delivery thereof or further act, and the lien of any such pledge
534is shall be valid and binding as against all parties having
535claims of any kind in tort, contract, or otherwise against Space
536Florida the authority, irrespective of whether such parties have
537notice thereof. Neither the resolution nor any trust agreement
538by which a pledge is created need be filed or recorded, except
539in the records of Space Florida the authority. The use and
540disposition of money to the credit of the sinking fund shall be
541subject to the provisions of the resolution authorizing the
542issuance of such bonds or the provisions of such trust
543agreement.
544     (24)  Exercise the right and power of eminent domain in
545spaceport territory as defined in s. 331.304. In exercising such
546power, the authority shall comply with the procedures and
547requirements of chapters 73 and 74.
548     Section 6.  Section 331.3051, Florida Statutes, is created
549to read:
550     331.3051  Duties of Space Florida.--Space Florida shall:
551     (1)  Create a business plan to foster the growth and
552development of the aerospace industry. The business plan must
553address business development; finance; spaceport operations;
554research and development; workforce development; and education.
555The business plan must be completed by March 1, 2007, and be
556revised when determined as necessary by the board.
557     (2)  Enter into memoranda of agreement with the Department
558of Education, the Department of Transportation, Enterprise
559Florida, Inc., the Florida Tourism Commission and its direct-
560support organization, and Workforce Florida, Inc., for the
561purpose of implementing this act.
562     (3)  In cooperation with Enterprise Florida, Inc., develop
563a plan to retain, expand, attract, and create aerospace industry
564entities, public or private, which results in the creation of
565high-value-added businesses and jobs in this state.
566     (4)  Create a marketing campaign to help attract, develop,
567and retain aerospace businesses, aerospace research and
568technology, and other related activities in this state. The
569campaign must be coordinated with any existing economic-
570development-promotion efforts in this state and may use private
571resources. Marketing strategies may include developing
572promotional materials, Internet and print advertising, public
573relations and media placement, trade show attendance, and other
574activities.
575     (5)  Develop, in conjunction with Enterprise Florida, Inc.,
576and the Florida Commission on Tourism and its direct-support
577organization, a public advertising program promoting aerospace-
578related activities, businesses, or any Space Florida projects.
579     (6)  In cooperation with Enterprise Florida, Inc., develop
580a plan to finance aerospace businesses. The plan may include the
581following activities:
582     (a)  Assembling, publishing, and disseminating information
583concerning financing opportunities and techniques for aerospace
584projects, programs, and activities; sources of public and
585private aerospace financing assistance; and sources of
586aerospace-related financing.
587     (b)  Organizing, hosting, and participating in seminars and
588other forums designed to disseminate information and technical
589assistance regarding aerospace-related financing.
590     (c)  Coordinating with programs and goals of the Department
591of Defense, the National Aeronautics and Space Administration,
592the Export-Import Bank, the International Trade Administration
593of the United States Department of Commerce, the Foreign Credit
594Insurance Association, and other private and public programs and
595organizations, domestic and foreign.
596     (d)  Establishing a network of contacts among those
597domestic and foreign public and private organizations that
598provide information, technical assistance, and financial support
599to the aerospace industry.
600     (7)  In carrying out its responsibilities for spaceport
601operations:
602     (a)  Seek federal support to renew and upgrade the
603infrastructure and technologies at the Cape Canaveral Air Force
604Station, the Kennedy Space Center, and the Eastern Range that
605will enhance space and military programs of the Federal
606Government, and improve access for commercial launch activities.
607     (b)  Support federal efforts to clarify roles and
608responsibilities of federal agencies, and eliminate duplicative
609federal rules and policies, in an effort to streamline access
610for commercial launch users.
611     (c)  Pursue the development of additional commercial
612spaceports in the state through a competitive request for
613proposals in partnership with counties or municipalities, the
614Federal Government, or private entities.
615     (d)  Promote and facilitate launch activity within the
616state by supporting and assisting commercial launch operators in
617completing and submitting required documentation and gaining
618approvals and authorization from the required federal agencies
619for launching from Florida.
620     (e)  Consult, as necessary, with the appropriate federal,
621state, and local authorities, including the National Aeronautics
622and Space Administration, the Federal Aviation Administration,
623the Department of Defense, the Department of Transportation, the
624Florida National Guard, and industry on all aspects of
625establishing and operating spaceport infrastructure and related
626facilities within the state.
627     (8)  In carrying out its responsibility for research and
628development:
629     (a)  Manage the contract for the operators of the state's
630Space Life Sciences Laboratory.
631     (b)  Work in collaboration with one or more universities
632and other public or private entities to develop a proposal for a
633Center of Excellence for Aerospace that will foster and promote
634the research necessary to develop commercially promising,
635advanced, and innovative science and technology and will
636transfer those discoveries to the commercial sector.
637     (9)  In carrying out its responsibility for workforce
638development, coordinate with Workforce Florida, Inc., community
639colleges, colleges, universities, and other public and private
640partners to develop a plan to retain and retrain workers, from
641entry-level skills training through to technician-level, and 4-
642year degrees and higher, with the skills most relevant to space
643and aeronautics employers, and further enhance the Florida
644Aviation/Aerospace Banner Center to ensure that graduates from
645the institution meet the needs of the space and aeronautics
646industry.
647     (10)  In carrying out its responsibility for creating
648innovative education programs, fund programs developed in
649conjunction with the Department of Education, targeting grades
650K-20 in an effort to promote mathematics and science education
651programs, which may include the Florida-NASA Matching Grant
652Program, aerospace-focused education programs for teachers,
653education-oriented microgravity flight programs for teachers and
654students, and Internet-based aerospace education. Funds for
655these programs shall include tax revenues distributed to Space
656Florida under s. 212.20(6)(d) and may also include private-
657sector support or in-kind contributions. In its annual report,
658Space Florida shall include, at a minimum, a description of
659programs funded, the number of students served, and private-
660sector support.
661     Section 7.  Section 331.306, Florida Statutes, is amended
662to read:
663     331.306  Federal airspace notification.--In coordination
664with the Florida Department of Transportation, Space Florida the
665authority shall develop and file the federal airspace
666notification required for priority airspace use.
667     Section 8.  Section 331.308, Florida Statutes, is amended
668to read:
669     331.308  Board of directors supervisors.--
670     (1)  Space Florida shall be governed by a board of
671directors. Designees of appointed members do not have voting
672authority. The board of directors shall consist of the following
673members:
674     (a)  The Governor or the Governor's designee.
675     (b)  The Secretary of Transportation or the secretary's
676designee.
677     (c)  The president of Workforce Florida, Inc., or the
678president's designee.
679     (d)  The president of Enterprise Florida, Inc., or the
680president's designee.
681     (e)  The president of the Florida Tourism Commission's
682direct-support organization or the president's designee.
683     (f)  The Commissioner of Education or the commissioner's
684designee.
685     (g)  Seven members from the private sector appointed by the
686Governor. In making these appointments, the Governor shall
687ensure that the composition of the board reflects the diversity
688of the aerospace industry community of this state and, to the
689greatest degree possible, that the composition of the board
690includes, but is not limited to, individuals representing the
691industries of business, finance, marketing, space, aerospace,
692aviation, defense, research and development, and education. The
693Governor shall also consider whether the current members of the
694board, together with potential appointees, reflect the racial,
695ethnic, and gender diversity, as well as the geographic
696distribution, of the population of the state.
697     (h)  Two ex officio, nonvoting members, one of whom shall
698be a member of the Senate, selected by the President of the
699Senate, and one of whom shall be a member of the House of
700Representatives, selected by the Speaker of the House of
701Representatives.
702     (i)  Six members from the private sector, three of whom
703shall be appointed by the President of the Senate and three of
704whom shall be appointed by the Speaker of the House of
705Representatives.
706     (2)(a)  Vacancies on the board shall be filled for the
707unexpired term in the same manner as the original appointments
708to the board.
709     (b)  Each member of the board of directors shall serve for
710a term of 4 years, except that the initial terms shall be
711staggered.
712     1.  The Governor shall appoint two members for a 1-year
713term, two members for 2-year terms, and three members for 4-year
714terms.
715     2.  The President of the Senate and the Speaker of the
716House of Representatives shall each appoint one member for a 1-
717year term, one member for a 2-year term, and one member for a 4-
718year term.
719     (c)  Any member is eligible for reappointment.
720     (3)  Appointed members may be removed by the Governor for
721cause. Absence from three consecutive meetings without good
722cause shall result in automatic removal.
723     (4)  All regular members are subject to confirmation by the
724Senate at the next regular session of the Legislature.
725     (5)  The Governor shall serve as chair of the board of
726directors. The board of directors shall biennially elect one of
727its members as vice chair to serve in the absence of the
728Governor and to perform such other duties as may be designated.
729The president shall keep a record of the proceedings of the
730board of directors and shall be the custodian of all books,
731documents, and papers filed with the board of directors, the
732minutes of the board of directors, and the official seal of
733Space Florida.
734     (6)  The board of directors shall meet at least four times
735each year, upon the call of the chair, at the request of the
736vice chair, or at the request of a majority of the membership. A
737majority of the total number of current voting directors shall
738constitute a quorum. The board of directors may take official
739action by a majority vote of the members present at any meeting
740at which a quorum is present.
741     (7)  Members of the board of directors shall serve without
742compensation, but members, the president, and staff may be
743reimbursed for all reasonable, necessary, and actual expenses,
744as determined by the board of directors of Space Florida
745pursuant to s. 112.061.
746     (8)  Each member of the board of directors of Space Florida
747who is not otherwise required to file financial disclosure
748pursuant to s. 8, Art. II of the State Constitution or s.
749112.3144, shall file disclosure of financial interests pursuant
750to s. 112.3145. There is created within the Florida Space
751Authority a board of supervisors consisting of eight regular
752members, who shall be appointed by the Governor, and two ex
753officio nonvoting members, one of whom shall be a state senator
754selected by the President of the Senate and one of whom shall be
755a state representative selected by the Speaker of the House of
756Representatives. The Lieutenant Governor, who is the state's
757space policy leader, shall serve as chair of the board of
758supervisors, and shall cast the deciding vote if the votes of
759the eight regular members result in a tie. The board shall elect
760a vice chair to preside in the absence of the Lieutenant
761Governor and to perform such other duties as may be designated.
762All regular members shall be subject to confirmation by the
763Senate at the next regular session of the Legislature. Existing
764board members are not prohibited from reappointment. Each of the
765regular board members must be a resident of the state and must
766have experience in the aerospace or commercial space industry or
767in finance or have other significant relevant experience. A
768private sector legal entity may not have more than one person
769serving on the board at any one time. One regular member shall
770represent organized labor interests, one regular member shall
771represent minority interests, and four regular members must
772represent space industry, at least one of whom must also be from
773a small business, as defined in s. 288.703. For the purpose of
774this section, "space industry" includes private sector entities
775engaged in space flight business, as defined in s. 212.031,
776research and technology development of space-based products and
777services, space station commercialization, development of
778spaceport and range technology, remote sensing products and
779services, space biotechnology, measurement and calibration of
780space assets, space-related software and information technology
781development, design and architecture of space-based assets and
782facilities for manufacturing and other purposes, space-related
783nanotechnology, space tourism, and other commercial enterprises
784utilizing uniquely space-based capabilities.
785     (2)  Each regular member shall serve a term of 4 years or
786until a successor is appointed and qualified. The term of each
787such member shall be construed to commence on the date of
788appointment and to terminate on June 30 of the year of the end
789of the term. Appointment to the board shall not preclude any
790such member from holding any other private or public position.
791     (3)  The ex officio nonvoting legislative members shall
792serve on the board for 2-year terms.
793     (4)  Any vacancy on the board shall be filled for the
794balance of the unexpired term.
795     (5)  The board shall appoint an executive director.
796Meetings shall be held quarterly or more frequently at the call
797of the chair. A majority of the regular members of the board
798shall constitute a quorum, and a majority vote of such members
799present is necessary for any action taken by the board.
800     (6)  The Governor has the authority to remove from the
801board any regular member in the manner and for cause as defined
802by the laws of this state and applicable to situations that may
803arise before the board. Unless excused by the chair of the
804board, a regular member's absence from two or more consecutive
805board meetings creates a vacancy in the office to which the
806member was appointed.
807     Section 9.  Section 331.309, Florida Statutes, is amended
808to read:
809     331.309  Treasurer; depositories; fiscal agent.--
810     (1)  The board shall designate an individual who is a
811resident of the state, or a qualified public depository as
812defined in s. 280.02, as treasurer of Space Florida the
813authority, who shall have charge of the funds of Space Florida
814the authority. Such funds shall be disbursed only upon the order
815of or pursuant to the resolution of the board by warrant, check,
816authorization, or direct deposit pursuant to s. 215.85, signed
817or authorized by the treasurer or his or her representative or
818by such other persons as may be authorized by the board. The
819board may give the treasurer such other or additional powers and
820duties as the board may deem appropriate and shall establish the
821treasurer's compensation. The board may require the treasurer to
822give a bond in such amount, on such terms, and with such
823sureties as may be deemed satisfactory to the board to secure
824the performance by the treasurer of his or her powers and
825duties. The board shall audit or have audited the books of the
826treasurer at least once a year.
827     (2)  The board is authorized to select as depositories in
828which the funds of the board and of Space Florida the authority
829shall be deposited any qualified public depository as defined in
830s. 280.02, upon such terms and conditions as to the payment of
831interest by such depository upon the funds so deposited as the
832board may deem just and reasonable. Funds of the authority may
833also be deposited with the Florida Commercial Space Financing
834Corporation created by s. 331.407. The funds of Space Florida
835the authority may be kept in or removed from the State Treasury
836upon written notification from the chair of the board to the
837Chief Financial Officer.
838     (3)  The board may employ a fiscal agent, who shall be
839either a resident of the state or a corporation organized under
840the laws of this or any other state and authorized by such laws
841to act as such fiscal agent in the state.
842     Section 10.  Section 331.310, Florida Statutes, is amended
843to read:
844     331.310  Powers and duties of the board of directors
845supervisors.--Except as otherwise provided in this act, all of
846the powers and duties of the authority shall be exercised by and
847through the board of supervisors, including the power and duty
848to:
849     (1)  The board may: Adopt bylaws, rules, resolutions, and
850orders prescribing the powers, duties, and functions of the
851officers of the authority, the conduct of the business of the
852authority, the maintenance of records, and the form of all
853documents and records of the authority. The board may adopt
854administrative rules and regulations with respect to any of the
855projects of the authority, with notice and public hearing.
856     (2)  Maintain an executive office and authority offices in
857close proximity to Kennedy Space Center.
858     (a)(3)  Enter, and authorize any agent or employee of Space
859Florida the authority to enter, upon any lands, waters, and
860premises, upon giving reasonable notice and due process to the
861land owner, for the purposes of making surveys, soundings,
862drillings, appraisals, and examinations necessary to perform its
863duties and functions. Any such entry shall not be deemed a
864trespass or an entry that would constitute a taking in an
865eminent domain proceeding. Space Florida The authority shall
866make reimbursement for any actual damages to such lands, waters,
867and premises as a result of such activity.
868     (b)(4)  Execute all contracts and other documents, adopt
869all proceedings, and perform all acts determined by the board to
870be necessary or desirable to carry out the purposes of this act.
871The board may authorize one or more members of the board to
872execute contracts and other documents on behalf of the board or
873Space Florida the authority.
874     (c)(5)  Establish and create such departments, committees,
875or other entities agencies as from time to time the board may
876deem necessary or desirable in the performance of any acts or
877other things necessary to the exercise of the powers provided in
878this act, and delegate to such departments, boards, or other
879agencies such administrative duties and other powers as the
880board may deem necessary or desirable.
881     (6)  Appoint a person to act as executive director of the
882authority, having such official title, functions, duties,
883powers, and salary as the board may prescribe.
884     (d)(7)  Examine, and authorize any officer or agent of
885Space Florida the authority to examine, the county tax rolls
886with respect to the assessed valuation of the real and personal
887property within any spaceport territory.
888     (e)(8)  Engage in the planning and implementation of space-
889related economic and educational development within the state.
890     (f)  Provide the strategic direction for the aerospace-
891related research priorities of the state and its aerospace-
892related businesses, the scope of research projects for Space
893Florida, and the timeframe for completion of the projects.
894     (g)(9)  Execute intergovernmental agreements and
895development agreements consistent with prevailing statutory
896provisions, including, but not limited to, special benefits or
897tax increment financing initiatives.
898     (h)(10)  Establish reserve funds for future board
899operations.
900     (i)(11)  Adopt rules pursuant to chapter 120 to carry out
901the purposes of this act.
902     (2)  The board of directors shall:
903     (a)  Adopt bylaws, rules, resolutions, and orders
904prescribing the powers, duties, and functions of Space Florida
905to conduct the business of Space Florida, the maintenance of
906records, and the form of all documents and records of Space
907Florida. The board may adopt rules with respect to any of the
908projects of Space Florida with notice and a public hearing.
909     (b)  Maintain a Space Florida office or offices in
910locations that are strategically advantageous to creating or
911expanding aerospace activities within the state.
912     (c)  Appoint a person to act as the president of Space
913Florida, having such official title, functions, duties, powers,
914and salary as the board may prescribe.
915     (d)(12)  Abide by all applicable federal labor laws in the
916construction and day-to-day operations of Space Florida the
917authority and any spaceport. Further, the board shall establish,
918by rule and regulation, pursuant to chapter 120, policies and
919procedures for the construction and operation of Space Florida
920the authority and any spaceport. The Said policies and
921procedures shall be such that when Space Florida the authority
922expends federal funds for construction or operation of any
923spaceport project, Space Florida the authority will be subject
924to the federal labor laws observed at the Kennedy Space Center
925and Cape Canaveral Air Force Station, Florida, applicable as a
926result of such federal expenditures.
927     (e)(13)  Prepare an annual report of operations. The Said
928report shall include, but not be limited to, a balance sheet, an
929income statement, a statement of changes in financial position,
930a reconciliation of changes in equity accounts, a summary of
931significant accounting principles, the auditor's report, a
932summary of the status of existing and proposed bonding projects,
933comments from management about the year's business, and
934prospects for the next year, which shall be submitted each year
935by December 31 November 30 to the Governor, the President of the
936Senate, the Speaker of the House of Representatives, the
937minority leader of the Senate, and the minority leader of the
938House of Representatives.
939     (f)  Establish a personnel management system for hiring
940employees and establishing employee's benefit packages.
941Personnel of Space Florida are not state employees.
942     (g)  Establish procedures, rules, and rates governing per
943diem and travel expenses of its employees, the members of the
944board of directors, and other persons authorized by the board to
945incur such expenses. Except as otherwise provided in s.
946331.3101, such rules are subject to the laws and rules
947pertaining to per diem and travel expenses of public officers,
948employees, or other persons authorized by an agency head to
949incur such expenses.
950     (14)  Change the name of the authority.
951     Section 11.  Section 331.3101, Florida Statutes, is amended
952to read:
953     331.3101  Space Florida Space Authority; travel and
954entertainment expenses.--
955     (1)  Notwithstanding the provisions of s. 112.061, Space
956Florida the authority shall adopt rules by which it may make
957expenditures by advancement or reimbursement, or a combination
958thereof, to authority officers and employees; reimburse business
959clients, guests, and authorized persons as defined in s.
960112.061(2)(e); and make direct payments to third-party vendors:
961     (a)  For travel expenses of such business clients, guests,
962and authorized persons incurred by Space Florida the authority
963in connection with the performance of its statutory duties, and
964for travel expenses incurred by state officials and state
965employees while accompanying such business clients, guests, or
966authorized persons or when authorized by the board or its
967designee.
968     (b)  For entertainment expenses of such guests, business
969clients, and authorized persons incurred by Space Florida the
970authority in connection with the performance of its statutory
971duties, and for entertainment expenses incurred for authority
972officials and employees when such expenses are incurred while in
973the physical presence of such business clients, guests, or
974authorized persons.
975     (2)  The rules shall be subject to approval by the Chief
976Financial Officer before adoption prior to promulgation. The
977rules shall require the submission of paid receipts, or other
978proof prescribed by the Chief Financial Officer, with any claim
979for reimbursement, and shall require, as a condition for any
980advancement, an agreement to submit paid receipts or other proof
981and to refund any unused portion of the advancement within 15
982days after the expense is incurred or, if the advancement is
983made in connection with travel, within 15 days after completion
984of the travel. However, with respect to an advancement made
985solely for travel expenses, the rules may allow paid receipts or
986other proof to be submitted, and any unused portion of the
987advancement to be refunded, within 30 days after completion of
988the travel.
989     (3)  An annual report shall be made to the Legislature not
990later than December 31 November 30 of each year for the previous
991fiscal year, which shall consist of a synopsis concisely
992summarizing all travel, entertainment, and incidental expenses
993incurred within the United States and, separately, all travel,
994entertainment, and incidental expenses incurred outside the
995United States.
996     (4)  A No claim submitted under this section is not shall
997be required to be sworn to before a notary public or other
998officer authorized to administer oaths, but any claim authorized
999or required to be made under any provision of this section must
1000shall contain a statement that the expenses were actually
1001incurred as necessary travel or entertainment expenses in the
1002performance of official duties of Space Florida the authority
1003and shall be verified by written declaration that it is true and
1004correct as to every material matter. Any person who willfully
1005makes and subscribes to any such claim which the person does not
1006believe to be true and correct as to every material matter or
1007who willfully aids or assists in, or procures, counsels, or
1008advises, the preparation or presentation of a claim pursuant to
1009this section, which claim is fraudulent or false as to any
1010material matter, whether or not such falsity or fraud is with
1011the knowledge or consent of the person authorized or required to
1012present such claim, commits a misdemeanor of the second degree,
1013punishable as provided in s. 775.082 or s. 775.083. Whoever
1014receives an advancement or reimbursement by means of a false
1015claim is civilly liable, in the amount of the overpayment, for
1016the reimbursement of the public fund from which the claim was
1017paid.
1018     Section 12.  Section 331.311, Florida Statutes, is amended
1019to read:
1020     331.311  Exercise by authority of its powers within
1021municipalities and other political subdivisions.--Space Florida
1022may The authority shall have the power to exercise any of its
1023rights, powers, privileges, and authority in any and all
1024portions of any spaceport territory lying within the boundaries
1025of any municipal corporation or other political subdivision,
1026heretofore or hereafter created or organized, whose boundaries
1027lie wholly or partly within the geographical limits of the
1028spaceport territory, to the same extent and in the same manner
1029as in areas of the spaceport territory not incorporated as part
1030of a municipality or other political subdivision. With respect
1031to any municipal corporation or other political subdivision
1032whose boundaries lie partly within and partly without the
1033geographical limits of the spaceport territory, Space Florida
1034may the authority shall have the power to exercise its rights,
1035powers, privileges, and authority only within the portion of the
1036such municipal corporation or other political subdivision lying
1037within the boundaries of the spaceport territory.
1038     Section 13.  Section 331.312, Florida Statutes, is amended
1039to read:
1040     331.312  Furnishing facilities and services within the
1041spaceport territory.--Space Florida may The authority shall have
1042the power to construct, develop, create, maintain, and operate
1043its projects within the geographical limits of the spaceport
1044territory, including any portions of the spaceport territory
1045located inside the boundaries of any incorporated municipality
1046or other political subdivision, and to offer, supply, and
1047furnish the facilities and services provided for in this act to,
1048and to establish and collect fees, rentals, and other charges
1049from, persons, public or private, within the geographical limits
1050of the spaceport territory and for the use of Space Florida the
1051authority itself.
1052     Section 14.  Section 331.313, Florida Statutes, is amended
1053to read:
1054     331.313  Power of Space Florida the authority with respect
1055to roads.--Within the territorial limits of any spaceport
1056territory, Space Florida may the authority has the right to
1057acquire, through purchase or interagency agreement, or as
1058otherwise provided in law, and to construct, control, and
1059maintain, roads deemed necessary by Space Florida the authority
1060and connections thereto and extensions thereof now or hereafter
1061acquired, constructed, or maintained in accordance with
1062established highway safety standards; provided that, in the
1063event a road being addressed by Space Florida the authority is
1064owned by another agency or jurisdiction, Space Florida the
1065authority, before prior to proceeding with the proposed project
1066or work activity, shall have either coordinated the desired work
1067with the owning agency or jurisdiction or shall have
1068successfully executed an interagency agreement with the owning
1069agency or jurisdiction.
1070     Section 15.  Section 331.315, Florida Statutes, is amended
1071to read:
1072     331.315  Maintenance of projects across rights-of-
1073way.--Space Florida may The authority shall have the right to
1074construct and operate its projects in, along, or under any
1075streets, alleys, highways, or other public places or ways, and
1076across any drain, ditch, canal, floodway, holding basin,
1077excavation, railroad right-of-way, track, grade, fill, or cut;
1078provided, however, Space Florida shall pay that just
1079compensation, including fees, shall be paid by the authority for
1080any damages arising from or private property taken by the
1081exercise of such power.
1082     Section 16.  Section 331.316, Florida Statutes, is amended
1083to read:
1084     331.316  Rates, fees, rentals, tolls, fares, and charges;
1085procedure for adoption and modification; minimum revenue
1086requirements.--
1087     (1)  To recover the costs of the spaceport facility or
1088system, Space Florida may the authority shall have the power to
1089prescribe, fix, establish, and collect rates, fees, rentals,
1090tolls, fares, or other charges (hereinafter referred to as
1091"revenues"), and to revise the same from time to time, for the
1092facilities and services furnished or to be furnished by Space
1093Florida the authority and the spaceport, including, but not
1094limited to, launch pads, ranges, payload assembly and processing
1095facilities, visitor and tourist facilities, transportation
1096facilities, and parking and other related facilities, and may
1097shall have the power to provide for reasonable penalties against
1098any user or property for any such rates, fees, rentals, tolls,
1099fares, or other charges that are delinquent.
1100     (2)  The board may shall have the power to enter into
1101contracts for the use of the projects of Space Florida the
1102authority and for the services and facilities furnished or to be
1103furnished by Space Florida the authority, including, but not
1104limited to, launch services, payload assembly and processing,
1105and other aerospace-related space-related services, for such
1106consideration and on such other terms and conditions as the
1107board may approve. Such contracts, and revenues or service
1108charges received or to be received by Space Florida the
1109authority thereunder, may be pledged as security for any of the
1110bonds of Space Florida the authority.
1111     Section 17.  Section 331.317, Florida Statutes, is amended
1112to read:
1113     331.317  Recovery of delinquent charges.--In the event that
1114any of the rates, fees, rentals, tolls, fares, other charges, or
1115delinquent penalties shall not be paid as and when due and shall
1116be in default for 30 days or more, the unpaid balance thereof
1117and all interest accrued thereon, together with attorney's fees
1118and costs, may be recovered by Space Florida the authority in a
1119civil action.
1120     Section 18.  Section 331.318, Florida Statutes, is amended
1121to read:
1122     331.318  Discontinuance of service.--In the event that the
1123rates, fees, rentals, tolls, fares, or other charges for the
1124services and facilities of any project are not paid when due,
1125the board may shall have the power to discontinue and shut off
1126the same until such rates, fees, rentals, tolls, fares, or other
1127charges, including interest, penalties, and charges for the
1128shutting off and discontinuance and the restoration of such
1129services and facilities, are fully paid. Such delinquent rates,
1130fees, rentals, tolls, fares, or other charges, together with
1131interest, penalties, and charges for the shutting off and
1132discontinuance and the restoration of such services and
1133facilities, and reasonable attorney's fees and other expenses,
1134may be recovered by Space Florida the authority by suit in any
1135court of competent jurisdiction. Space Florida The authority may
1136also enforce payment of such delinquent rates, fees, rentals,
1137tolls, fares, or other charges by any other lawful method of
1138enforcement.
1139     Section 19.  Section 331.319, Florida Statutes, is amended
1140to read:
1141     331.319  Comprehensive planning; building and safety
1142codes.--The board of directors may supervisors shall have the
1143power to:
1144     (1)  Adopt, and from time to time review, amend,
1145supplement, or repeal, a comprehensive general plan for the
1146physical development of the area within the spaceport territory
1147in accordance with the objectives and purposes of this act and
1148consistent with the comprehensive plans of the applicable county
1149or counties and municipality or municipalities adopted pursuant
1150to the Local Government Comprehensive Planning and Land
1151Development Regulation Act, part II of chapter 163.
1152     (2)  Prohibit within the spaceport territory the
1153construction, alteration, repair, removal, or demolition, or the
1154commencement of the construction, alteration, repair (except
1155emergency repairs), removal, or demolition, of any building or
1156structure, including, but not by way of limitation, public
1157utility poles, lines, pipes, and facilities, without first
1158obtaining a permit from the board or such other officer or
1159agency as the board may designate, and to prescribe the
1160procedure with respect to the obtaining of such permit.
1161     Section 20.  Section 331.320, Florida Statutes, is amended
1162to read:
1163     331.320  Additional powers of board.--The board of
1164directors may shall have the power within any spaceport
1165territory to:
1166     (1)  Adopt regulations to prohibit or control the pollution
1167of air and water, and require certain location and placement of
1168electrical power, telephone, and other utility lines, cables,
1169pipes, and ducts.
1170     (2)  Divide the spaceport territory into zones or districts
1171of such number, shape, and area as the board may deem best
1172suited to carry out the purposes of this act, and within and for
1173each such district make regulations and restrictions as provided
1174for in subsection (1).
1175     Section 21.  Section 331.321, Florida Statutes, is amended
1176to read:
1177     331.321  Federal and other funds and aid.--Space Florida
1178may The authority is authorized to accept, receive, and receipt
1179for federal moneys, property, and other moneys or properties,
1180either public or private, for the acquisition, planning,
1181operation, construction, enlargement, improvement, maintenance,
1182equipment, or development of programs, facilities, and sites
1183therefor, and to comply with the provisions of the laws of the
1184United States and any rules and regulations made thereunder for
1185the expenditure of federal moneys.
1186     Section 22.  Section 331.322, Florida Statutes, is amended
1187to read:
1188     331.322  Agreements with municipalities within any
1189spaceport territory.--The board of directors and the governing
1190body or bodies of any one or more municipalities located wholly
1191or partly within any spaceport territory, whether now in
1192existence or hereafter created, may are authorized to enter into
1193and carry into effect contracts and agreements relating to the
1194common powers, duties, and functions of the board and other
1195officers, agents, and employees of Space Florida the authority,
1196and the respective governing body or bodies of one or more such
1197municipalities, and their respective officers, agents, and
1198employees, to the end that there may be effective cooperation
1199between and coordination of the efforts of such municipality or
1200municipalities and Space Florida the authority in discharging
1201their common functions, powers, and duties and in rendering
1202services to the respective residents and property owners of such
1203municipality or municipalities and Space Florida the authority.
1204The board and the governing body or bodies of one or more such
1205municipalities are further authorized to enter into and carry
1206into effect contracts and agreements for the performance of any
1207of their common functions, powers, and duties by a central
1208agency or common agent of the contracting parties.
1209     Section 23.  Section 331.323, Florida Statutes, is amended
1210to read:
1211     331.323  Cooperative agreements with the state, counties,
1212and municipalities.--
1213     (1)  The state and the counties, municipalities, and other
1214political subdivisions, public bodies, and agencies thereof, or
1215any of them, whether now existing or hereafter created, are
1216authorized to aid and cooperate with Space Florida the authority
1217in carrying out any of the purposes and projects of Space
1218Florida the authority, to enter into cooperative agreements with
1219Space Florida the authority, to provide in any such cooperative
1220agreement for the making of loans, gifts, grants, or
1221contributions to Space Florida the authority and the granting
1222and conveyance to Space Florida the authority of real or
1223personal property of any kind or nature, or any interest
1224therein, for the carrying out of the purpose and projects of
1225Space Florida the authority; to covenant in any such cooperative
1226agreement to pay all or any part of the costs of acquisition,
1227planning, development, construction, reconstruction, extension,
1228improvement, operation, and maintenance of any projects of Space
1229Florida the authority; and to pay all or any part of the
1230principal and interest on any bonds of Space Florida the
1231authority.
1232     (2)  The state and the counties, municipalities, and other
1233political subdivisions, public bodies, and agencies thereof, or
1234any of them, whether now existing or hereafter created, and
1235Space Florida the authority created by this act, are further
1236authorized to enter into cooperative agreements to provide for
1237the furnishing by Space Florida the authority to the state or
1238any county, municipality, or other political subdivision, public
1239body, or agency thereof of any of the facilities and services of
1240Space Florida the authority, or by the state or any county,
1241municipality, or other political subdivision, public body, or
1242agency thereof to Space Florida the authority and to persons
1243within the spaceport territory of facilities and services of the
1244type that Space Florida the authority is authorized to furnish
1245or undertake, or such other facilities and services as may be
1246determined necessary or desirable by the board for the carrying
1247out of the purposes of this act. Without limitation of the
1248foregoing, such cooperative agreements may provide for the
1249furnishing by any county, municipality, or other political
1250subdivision of fire and police protection for Space Florida the
1251authority and persons and property within Space Florida the
1252authority, and for the providing to Space Florida the authority
1253of any services deemed necessary or desirable by the board for
1254the proper functioning of Space Florida the authority.
1255     (3)  Without limitation of the foregoing, the board may
1256undertake and finance any of the projects of Space Florida the
1257authority, in whole or in part, jointly with any municipality or
1258municipalities, now existing or hereafter created, or in any
1259other manner combine the projects of Space Florida the authority
1260with the projects of such municipality or municipalities.
1261     (4)  Any agreement of the type authorized by this section
1262may be made and entered into under pursuant to this act for such
1263time or times, not exceeding 40 years.
1264     Section 24.  Section 331.324, Florida Statutes, is amended
1265to read:
1266     331.324  Contracts, grants, and contributions.--Space
1267Florida may The authority shall have the power to make and enter
1268all contracts and agreements necessary or incidental to the
1269performance of the functions of Space Florida the authority and
1270the execution of its powers, and to contract with, and to accept
1271and receive grants or loans of money, material, or property
1272from, any person, private or public, as the board shall
1273determine to be necessary or desirable to carry out the purposes
1274of this act, and in connection with any such contract, grant, or
1275loan to stipulate and agree to such covenants, terms, and
1276conditions as the board shall deem appropriate.
1277     Section 25.  Section 331.325, Florida Statutes, is amended
1278to read:
1279     331.325  Environmental permits.--Space Florida The
1280authority shall obtain required environmental permits in
1281accordance with federal and state law and shall comply with the
1282provisions of chapter 380.
1283     Section 26.  Section 331.326, Florida Statutes, is amended
1284to read:
1285     331.326  Information relating to trade secrets
1286confidential.--The records of Space Florida the authority
1287regarding matters encompassed by this act are public records
1288subject to the provisions of chapter 119. Any information held
1289by Space Florida the authority which is a trade secret, as
1290defined in s. 812.081, including trade secrets of Space Florida
1291the authority, any spaceport user, or the space industry
1292business, is confidential and exempt from the provisions of s.
1293119.07(1) and s. 24(a), Art. I of the State Constitution and may
1294not be disclosed. If Space Florida the authority determines that
1295any information requested by the public will reveal a trade
1296secret, it shall, in writing, inform the person making the
1297request of that determination. The determination is a final
1298order as defined in s. 120.52. Any meeting or portion of a
1299meeting of Space Florida's the authority's board of supervisors
1300is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1301of the State Constitution when the board is discussing trade
1302secrets. Any public record generated during the closed portions
1303of the such meetings, such as minutes, tape recordings, and
1304notes, is confidential and exempt from the provisions of s.
1305119.07(1) and s. 24(a), Art. I of the State Constitution.
1306     Section 27.  Section 331.327, Florida Statutes, is amended
1307to read:
1308     331.327  Foreign trade zone.--Space Florida may The
1309authority shall have the power to apply to the Federal
1310Government for a grant allowing the designation of any spaceport
1311territory as a foreign trade zone pursuant to ss. 288.36 and
1312288.37. However, the designation of any spaceport territory as a
1313foreign trade zone does shall not be deemed to authorize an
1314exemption from any tax imposed by the state or by any political
1315subdivision, agency, or instrumentality thereof.
1316     Section 28.  Section 331.328, Florida Statutes, is amended
1317to read:
1318     331.328  Sovereign immunity.--Space Florida The authority
1319shall be granted sovereign immunity in the same manner as the
1320state under the laws and Constitution of the State of Florida.
1321The state, by this section, hereby waives the sovereign immunity
1322granted to the same extent as waived by the state under state
1323law.
1324     Section 29.  Section 331.329, Florida Statutes, is amended
1325to read:
1326     331.329  Changing boundary lines; annexation and exclusion
1327of lands; creation of municipalities within the geographical
1328limits of any spaceport territory; limitations on the furnishing
1329of services within annexed areas.--
1330     (1)  The board of directors may at any time strike out or
1331correct the description of any land within or claimed to be
1332within the boundary lines of any spaceport territory upon the
1333written consent of the owners of all the land that would be
1334included or excluded from the boundary lines of any spaceport
1335territory or otherwise affected by the taking of such action,
1336and of the owners of not less than the majority in acreage of
1337all lands within any spaceport territory.
1338     (a)  The board may enlarge the geographical limits of any
1339spaceport territory to include any lands not then within any
1340spaceport territory:
1341     1.  Upon the written consent of the owners of all the land
1342to be included in any spaceport territory and of the owners of
1343not less than a majority in acreage of all the land then within
1344any spaceport territory; or
1345     2.  By resolution of the board approved at a special
1346election called for such purpose, by vote of a majority of
1347freeholders residing within the area to be annexed and a
1348majority of freeholders residing within any spaceport territory.
1349     (b)  The board of directors may contract the geographical
1350limits of any spaceport territory so as to exclude from any
1351spaceport territory any land then within any spaceport
1352territory:
1353     1.  Upon the written consent of the owners of all the land
1354to be so excluded and of the owners of not less than a majority
1355in acreage of all the land then within any spaceport territory;
1356or
1357     2.  By resolution of the board approved at a special
1358election called for such purpose, by vote of a majority of
1359freeholders residing within the area to be excluded and a
1360majority of the freeholders residing within any spaceport
1361territory.
1362     (2)  Land, including property situated thereon, added to
1363any spaceport territory in the manner provided in subsection (1)
1364shall from the time of its inclusion within such spaceport
1365territory be subject to all assessments thereafter levied and
1366assessed on all other land or property of any spaceport
1367territory similarly situated. Land, including property situated
1368thereon, excluded from any spaceport territory in the manner
1369provided in subsection (1) shall from the date of such exclusion
1370be exempt from assessments thereafter imposed by Space Florida
1371the authority but shall not be exempt from assessments
1372theretofore levied or due with respect to such land or property,
1373or from subsequent installments of assessments theretofore
1374levied or assessed with respect thereto, and such assessments
1375may be enforced and collected by or on behalf of Space Florida
1376the authority in the same manner as if such land or property
1377continued to be within the geographical limits of any spaceport
1378territory.
1379     (3)  In the event that the geographical limits of any
1380spaceport territory as set forth in s. 331.304 are revised so as
1381to include within any spaceport territory any areas not
1382presently contained within any spaceport territory, Space
1383Florida may the authority shall not engage in the business of
1384furnishing electric power for sale in such annexed area, unless
1385Space Florida the authority shall offer to purchase from any
1386person who is at the time engaged in the business of making,
1387generating, or distributing electricity for sale within such
1388annexed area, such portion of its electric plant and property
1389suitable and used for such business in connection therewith as
1390lies within the limits of such annexed area, in a manner
1391consistent with law.
1392     (4)  Space Florida The authority shall designate new launch
1393pads outside the present designated spaceport territories by
1394statutory amendment of s. 331.304.
1395     Section 30.  Section 331.331, Florida Statutes, is amended
1396to read:
1397     331.331  Revenue bonds.--
1398     (1)  Revenue bonds issued by Space Florida the authority
1399shall not be deemed revenue bonds issued by the state or its
1400agencies for purposes of s. 11, Art. VII of the State
1401Constitution and ss. 215.57-215.83. Space Florida The authority
1402shall include in its annual report to the Governor and
1403Legislature, as provided in s. 331.310, a summary of the status
1404of existing and proposed bonding projects.
1405     (2)  The issuance of revenue bonds may be secured by or
1406payable from the gross or net pledge of the revenues to be
1407derived from any project or combination of projects, from the
1408rates, fees, rentals, tolls, fares, or other charges to be
1409collected from the users of any project or projects; from any
1410revenue-producing undertaking or activity of Space Florida the
1411authority; or from any source of pledged security. Such bonds
1412shall not constitute an indebtedness of Space Florida the
1413authority unless such bonds are additionally secured by the full
1414faith and credit of Space Florida the authority. Bonds issued by
1415Space Florida the authority are not secured by the full faith
1416and credit of the State of Florida and do not constitute an
1417obligation, either general or special, thereof.
1418     (3)  Any two or more projects may be combined and
1419consolidated into a single project, and may thereafter be
1420operated and maintained as a single project. The revenue bonds
1421authorized herein may be issued to finance any one or more such
1422projects separately, or to finance two or more such projects,
1423regardless whether or not such projects have been combined and
1424consolidated into a single project. If the board deems it
1425advisable, the proceedings authorizing such revenue bonds may
1426provide that Space Florida the authority may thereafter combine
1427the projects then being financed or theretofore financed with
1428other projects to be subsequently financed by Space Florida the
1429authority shall be on a parity with the revenue bonds then being
1430issued, all on such terms, conditions, and limitations as shall
1431be provided, and may further provide that the revenues to be
1432derived from the subsequent projects shall at the time of the
1433issuance of such parity revenue bonds be also pledged to the
1434holders of any revenue bonds theretofore issued to finance the
1435revenue undertakings which are later combined with such
1436subsequent projects. Space Florida The authority may pledge for
1437the security of the revenue bonds a fixed amount, without regard
1438to any fixed proportion of the gross revenues of any project.
1439     Section 31.  Section 331.333, Florida Statutes, is amended
1440to read:
1441     331.333  Refunding bonds.--Space Florida The authority
1442through its board may shall have the power to issue bonds to
1443provide for the retirement or refunding of any bonds or
1444obligations of Space Florida the authority that at the time of
1445such issuance are or subsequently thereto become due and
1446payable, or that at the time of issuance have been called or are
1447or will be subject to call for redemption within 10 years
1448thereafter, or the surrender of which can be procured from the
1449holders thereof at prices satisfactory to the board. Refunding
1450bonds may be issued at any time when in the judgment of the
1451board such issuance will be advantageous to Space Florida the
1452authority. The provisions of this act pertaining to bonds of
1453Space Florida the authority shall, unless the context otherwise
1454requires, govern the issuance of refunding bonds, the form and
1455other details thereof, the rights of the holders thereof, and
1456the duties of the board with respect to the same.
1457     Section 32.  Section 331.334, Florida Statutes, is amended
1458to read:
1459     331.334  Pledging assessments and other revenues and
1460properties as additional security on bonds.--Space Florida The
1461authority may pledge as additional security for the payment of
1462any of the bonds of Space Florida the authority its full faith
1463and credit, and provide that such bonds shall be payable as to
1464both principal and interest, and as to any reserve or other
1465funds provided therefor, to the full extent that any revenues as
1466defined in this act, assessments, or other funds, or any
1467combination thereof, pledged therefor are insufficient for the
1468full payment of the same, and provided further that no bonds
1469shall be issued to the payment of which the full faith and
1470credit of Space Florida the authority is pledged unless approved
1471at an election in the manner provided by law. Space Florida The
1472authority by resolution of the board may also pledge as
1473additional security for said bonds the revenues from any project
1474of Space Florida the authority, utility service, assessments,
1475and any other sources of revenue or funds, or any combination of
1476the foregoing, and may pledge or mortgage any of the properties,
1477rights, interest, or other assets of Space Florida the
1478authority. Bonds issued by Space Florida the authority are not
1479secured by the full faith and credit of the State of Florida and
1480do not constitute an obligation, either general or special,
1481thereof. The board may also provide with respect to any bonds of
1482Space Florida the authority that such bonds shall be payable, in
1483whole or in part, as to principal amount or interest, or both,
1484out of rates, fees, rentals, tolls, fares, or other charges
1485collected with respect to any of the projects of Space Florida
1486the authority.
1487     Section 33.  Section 331.335, Florida Statutes, is amended
1488to read:
1489     331.335  Lien of pledges.--All pledges of revenues and
1490assessments made pursuant to the provisions of this act shall be
1491valid and binding from the time when such pledges are made. All
1492such revenues and assessments so pledged and thereafter
1493collected shall immediately be subject to the lien of such
1494pledges without any physical delivery thereof or further action,
1495and the lien of such pledges shall be valid and binding as
1496against all parties having claims of any kind in tort, contract,
1497or otherwise against Space Florida the authority, irrespective
1498of whether such parties have notice thereof.
1499     Section 34.  Section 331.336, Florida Statutes, is amended
1500to read:
1501     331.336  Issuance of bond anticipation notes.--In addition
1502to the other powers provided for in this act and not in
1503limitation thereof, Space Florida may the authority shall have
1504the power, at any time from time to time after the issuance of
1505any bonds of Space Florida the authority shall have been
1506authorized, to borrow money for the purposes for which such
1507bonds are to be issued in anticipation of the receipt of the
1508proceeds of the sale of such bonds and to issue bond
1509anticipation notes in a principal amount not in excess of the
1510authorized maximum amount of such bond issue. Such notes shall
1511be in such denomination or denominations, bear interest at such
1512rate or rates, mature at such time or times, be renewable for
1513such additional term or terms, and be in such form and executed
1514in such manner as the board shall prescribe. Such notes may be
1515sold at public sale, or if such notes shall be renewable notes,
1516may be exchanged for notes then outstanding on such terms as the
1517board shall determine. Such notes shall be paid from the
1518proceeds of such bonds when issued. The board may in its
1519discretion, in lieu of retiring the notes by means of bonds,
1520retire them by means of current revenues or from any assessments
1521levied for the payment of such bonds, but in such event a like
1522amount of the bonds authorized shall not be issued.
1523     Section 35.  Section 331.337, Florida Statutes, is amended
1524to read:
1525     331.337  Short-term borrowing.--Space Florida The authority
1526at any time may obtain loans, in such amount and on such terms
1527and conditions as the board may approve, for the purpose of
1528paying any of the expenses of Space Florida the authority or any
1529costs incurred or that may be incurred in connection with any of
1530the projects of Space Florida the authority, which loans shall
1531have such term or terms, be renewable for such term or terms,
1532bear interest at such rate or rates, and be payable from and
1533secured by a pledge of such funds, revenues, and assessments as
1534the board may determine. For the purpose of defraying such costs
1535and expenses, Space Florida the authority may issue negotiable
1536notes, warrants, or other evidences of debt signed on behalf of
1537Space Florida the authority by any one of the board, such notes
1538or other evidences of indebtedness to be payable at such time or
1539times, to bear interest at such rate or rates, and to be sold or
1540discounted at such price or prices and on such term or terms as
1541the board may deem advisable. The board may shall have the right
1542to provide for the payment thereof by pledging the whole or any
1543part of the funds, revenues, and assessments of Space Florida
1544the authority.
1545     Section 36.  Section 331.338, Florida Statutes, is amended
1546to read:
1547     331.338  Trust agreements.--In the discretion of the board,
1548any issue of bonds may be secured by a trust agreement by and
1549between Space Florida the authority and a corporate trustee
1550which may be any trust company or bank having the powers of a
1551trust company within or without the state. The resolution
1552authorizing the issuance of the bonds or such trust agreement
1553may pledge the revenues to be received from any projects of
1554Space Florida the authority and any other authorized moneys to
1555be used for the repayment of bonds, and may contain such
1556provisions for protecting and enforcing the rights and remedies
1557of the bondholders as the board may approve, including without
1558limitation covenants setting forth the duties of Space Florida
1559the authority in relation to the acquisition, planning,
1560development, construction, reconstruction, improvement,
1561maintenance, repair, operation, and insurance of any projects,
1562the fixing and revision of the rates, fees, rentals, tolls,
1563fares, and charges, and the custody, safeguarding, and
1564application of all moneys, and for the employment of consulting
1565engineers in connection with such acquisition, planning,
1566development, construction, reconstruction, improvement,
1567maintenance, repair, or operation. It shall be lawful for any
1568bank or trust company incorporated under the laws of the state
1569or the United States which may act as a depository of the
1570proceeds of bonds or of revenues to furnish such indemnifying
1571bonds or to pledge such securities as may be required by Space
1572Florida the authority. Such resolution or trust agreement may
1573set forth the rights and remedies of the bondholders and of the
1574trustee, if any, and may restrict the individual right of action
1575by bondholders. The board may provide for the payment of the
1576proceeds of the sale of the bonds and the revenues of any
1577project to such officer, board, or depository as it may
1578designate for the custody thereof, and for the method of
1579disbursement thereof, with such safeguards and restrictions as
1580it may determine. All expenses incurred in carrying out the
1581provisions of such resolution or trust agreement may be treated
1582as part of the cost of the project to which such trust agreement
1583pertains.
1584     Section 37.  Section 331.339, Florida Statutes, is amended
1585to read:
1586     331.339  Sale of bonds.--Bonds may be sold in blocks or
1587installments at different times, or an entire issue or series
1588may be sold at one time. Bonds may only be sold at public sale
1589after being advertised and publicly noticed, unless Space
1590Florida the authority has previously complied with the
1591provisions of s. 218.385. Bonds may be sold or exchanged for
1592refunding bonds. Special assessment and revenue bonds may be
1593delivered as payment by Space Florida the authority of the
1594purchase price or lease of any project or part thereof, or a
1595combination of projects or parts thereof, or as the purchase
1596price of, or exchange for, any property, real, personal, or
1597mixed, including franchises, or services rendered by any
1598contractor, engineer, or other person, all at one time or in
1599blocks from time to time, in such manner and upon such terms as
1600the board in its discretion shall determine. The price or prices
1601for any bonds sold, exchanged, or delivered may be:
1602     (1)  The money paid for the bonds.
1603     (2)  The principal amount, plus accrued interest to date of
1604redemption or exchange, of outstanding obligations exchanged for
1605refunding bonds.
1606     (3)  In the case of special assessment or revenue bonds,
1607the amount of any indebtedness to contractors or other persons
1608paid with such bonds, or the fair value of any properties
1609exchanged for the bonds, as determined by the board.
1610     Section 38.  Section 331.340, Florida Statutes, is amended
1611to read:
1612     331.340  Authorization and form of bonds.--Bonds may be
1613authorized by resolution or resolutions of the board which shall
1614be adopted by a majority of all of the members thereof then in
1615office and present at the meeting at which the resolution or
1616resolutions are adopted and shall be approved as provided in s.
1617331.305. The resolution or resolutions of the board may be
1618adopted at the same meeting at which they are introduced, and
1619shall be published and noticed. The board may by resolution
1620authorize the issuance of bonds, fix the aggregate amount of
1621bonds to be issued, the purpose or purposes for which the moneys
1622derived therefrom shall be expanded, the rate or rates of
1623interest, the denomination of the bonds, whether or not the
1624bonds are to be issued in one or more series, the date or dates
1625thereof, the date or dates of maturity, which shall not exceed
162640 years from their respective dates of issuance, the medium of
1627payment, the place or places within or without the state where
1628payment shall be made, registration privileges, redemption terms
1629and privileges (whether with or without premium), the manner of
1630execution, the form of the bonds including any interest coupons
1631to be attached thereto, the manner of execution of bonds and
1632coupons, and any and all other terms, covenants, and conditions
1633thereof, and the establishment of reserve or other funds. Such
1634authorizing resolution may further provide that such bonds may
1635be executed manually or by engraved, lithographed, or facsimile
1636signature, provided that where signatures are engraved,
1637lithographed, or facsimile no bond shall be valid unless
1638countersigned by a registrar or other officer designated by
1639appropriate resolution of the board. The seal of Space Florida
1640the authority may be affixed, lithographed, engraved, or
1641otherwise reproduced in facsimile on such bonds. In case any
1642officer whose signature or a facsimile of whose signature shall
1643appear on any bonds or coupons shall cease to be such officer
1644before the delivery of such bonds, such signature or facsimile
1645shall nevertheless be valid and sufficient for all purposes the
1646same as if the officer had remained in office until such
1647delivery.
1648     Section 39.  Section 331.343, Florida Statutes, is amended
1649to read:
1650     331.343  Defeasance.--The board may make such provision
1651with respect to the defeasance of the right, title, and interest
1652of the holders of any of the bonds and obligations of Space
1653Florida the authority in any revenues, funds, or other
1654properties by which such bonds are secured as the board deems
1655appropriate and, without limitation on the foregoing, may
1656provide that when such bonds or obligations become due and
1657payable or shall have been called for redemption, and the whole
1658amount of the principal and the interest and premium, if any,
1659due and payable upon the bonds or obligations when outstanding
1660shall be paid, or sufficient moneys or direct obligations of the
1661United States Government the principal of and the interest on
1662which when due will provide sufficient moneys, shall be held or
1663deposited in trust for such purpose, and provision shall also be
1664made for paying all other sums payable in connection with such
1665bonds or other obligations, then and in such event the right,
1666title, and interest of the holders of the bonds in any revenues,
1667funds, or other properties by which such bonds are secured shall
1668thereupon cease, terminate, and become void; and the board may
1669apply any surplus in any sinking fund established in connection
1670with such bonds or obligations and all balances remaining in all
1671other funds or accounts other than money held for the redemption
1672or payment of the bonds or other obligations to any lawful
1673purpose of Space Florida the authority as the board shall
1674determine.
1675     Section 40.  Section 331.345, Florida Statutes, is amended
1676to read:
1677     331.345  Covenants.--Any resolution authorizing the
1678issuance of bonds may contain such covenants as the board may
1679deem advisable and all such covenants shall constitute valid and
1680legally binding and enforceable contracts between Space Florida
1681the authority and the bondholders, regardless of the time of
1682issuance thereof. Such covenants may include, without
1683limitation, covenants concerning the disposition of the bond
1684proceeds, the use and disposition of project revenues, the
1685pledging of revenues, and assessments, the obligations of Space
1686Florida the authority with respect to the operation of the
1687project and the maintenance of adequate project revenues, the
1688issuance of additional bonds, the appointment, powers, and
1689duties of trustees and receivers, the acquisition of outstanding
1690bonds and obligations, restrictions on the establishing of
1691competing projects or facilities, restrictions on the sale or
1692disposal of the assets and property of Space Florida the
1693authority, the priority of assessment liens, the priority of
1694claims by bondholders on the taxing power of Space Florida the
1695authority, the maintenance of deposits to assure the payment of
1696revenues by users of spaceport facilities and services, the
1697discontinuance of authority services by reason of delinquent
1698payments, acceleration upon default, the execution of necessary
1699instruments, the procedure for amending or abrogating covenants
1700with the bondholders, and such other covenants as may be deemed
1701necessary or desirable for the security of the bondholders.
1702     Section 41.  Section 331.346, Florida Statutes, is amended
1703to read:
1704     331.346  Validity of bonds; validation proceedings.--Any
1705bonds issued by Space Florida the authority shall be
1706incontestable in the hands of bona fide purchasers or holders
1707for value and shall not be invalid because of any irregularity
1708or defect in the proceedings for the issue and sale thereof.
1709Prior to the issuance of any bonds, Space Florida the authority
1710shall publish a notice at least once in a newspaper or
1711newspapers published or of general circulation in the
1712appropriate counties in the state, stating the date of adoption
1713of the resolution authorizing such obligations, the amount,
1714maximum rate of interest, and maturity of such obligations, and
1715the purpose in general terms for which such obligations are to
1716be issued, and further stating that no action or proceeding
1717questioning the validity of such obligations or of the
1718proceedings authorizing the issuance thereof, or of any
1719covenants made therein, must be instituted within 20 days after
1720the first publication of such notice, or the validity of such
1721obligations, proceedings, and covenants shall not be thereafter
1722questioned in any court whatsoever. If no such action or
1723proceeding is so instituted within such 20-day period, then the
1724validity of such obligations, proceedings, and covenants shall
1725be conclusive, and all persons or parties whatsoever shall be
1726forever barred from questioning the validity of such
1727obligations, proceedings, or covenants in any court whatsoever.
1728     Section 42.  Section 331.347, Florida Statutes, is amended
1729to read:
1730     331.347  Act furnishes full authority for issuance of
1731bonds.--This act constitutes full and complete authority for the
1732issuance of bonds and the exercise of the powers of Space
1733Florida the authority provided herein. Any and all bonds issued
1734by Space Florida the authority shall not be secured by the full
1735faith and credit of the State of Florida and do not constitute
1736an obligation, either general or special, thereof.
1737     Section 43.  Section 331.348, Florida Statutes, is amended
1738to read:
1739     331.348  Investment of funds.--The board may in its
1740discretion invest funds of Space Florida the authority through
1741the Chief Financial Officer or in:
1742     (1)  Direct obligations of or obligations guaranteed by the
1743United States or for the payment of the principal and interest
1744of which the faith and credit of the United States is pledged;
1745     (2)  Bonds or notes issued by any of the following federal
1746agencies: Bank for Cooperatives; federal intermediate credit
1747banks; federal home loan bank system; federal land banks; or the
1748Federal National Mortgage Association (including debentures or
1749participating certificates issued by such association);
1750     (3)  Public housing bonds issued by public housing
1751authorities and secured by a pledge or annual contributions
1752under an annual contribution contract or contracts with the
1753United States;
1754     (4)  Bonds or other interest-bearing obligations of any
1755county, district, city, or town located in the state for which
1756the full faith and credit of such political subdivision is
1757pledged;
1758     (5)  Any investment authorized for insurers by ss. 625.306-
1759625.316 and amendments thereto; or
1760     (6)  Any investment authorized under s. 17.57 and
1761amendments thereto.
1762     Section 44.  Section 331.349, Florida Statutes, is amended
1763to read:
1764     331.349  Fiscal year of Space Florida the authority.--The
1765board may has the power to establish and from time to time
1766redetermine the fiscal year of Space Florida the authority.
1767Unless the board otherwise provides, Space Florida's the
1768authority's fiscal year shall be July 1 through June 30.
1769     Section 45.  Section 331.350, Florida Statutes, is amended
1770to read:
1771     331.350  Insurance coverage of Space Florida the authority;
1772safety program.--
1773     (1)  Notwithstanding any other provision of law, the State
1774Risk Management Trust Fund established under s. 284.30 may shall
1775not insure buildings and property owned or leased by Space
1776Florida the authority.
1777     (2)  Notwithstanding any other provision of law, the State
1778Risk Management Trust Fund established under s. 284.30 may shall
1779not insure against any liability of Space Florida the authority.
1780     (3)  Space Florida The authority shall establish a safety
1781program. The safety program shall include:
1782     (a)  The development and implementation of a loss
1783prevention program which shall consist of a comprehensive
1784authority wide safety program, including a statement,
1785established by the board of directors supervisors, of safety
1786policy and responsibility.
1787     (b)  Provision for regular and periodic facility and
1788equipment inspections.
1789     (c)  Investigation of job-related employee accidents and
1790other accidents occurring on the premises of Space Florida the
1791authority or within areas of its jurisdiction.
1792     (d)  Establishment of a program to promote increased safety
1793awareness among employees, agents, and subcontractors of Space
1794Florida the authority.
1795     (4)(a)  Space Florida The authority shall, if available,
1796secure insurance coverage within reasonable limits for liability
1797which may arise as a consequence of its responsibilities.
1798     (b)  Space Florida The authority shall, if available, and
1799if cost-effective, secure insurance coverage on its buildings,
1800facilities, and property at reasonable levels.
1801     (c)  Space Florida The authority, with respect to the
1802purchase of insurance, shall be subject to the applicable
1803provisions of chapter 287 and other applicable law.
1804     Section 46.  Section 331.351, Florida Statutes, is amended
1805to read:
1806     331.351  Participation by women, minorities, and socially
1807and economically disadvantaged business enterprises
1808encouraged.--It is the intent of the Legislature and the public
1809policy of this state that women, minorities, and socially and
1810economically disadvantaged business enterprises be encouraged to
1811participate fully in all phases of economic and community
1812development. Accordingly, to achieve such purpose, Space Florida
1813the authority shall, in accordance with applicable state and
1814federal law, involve and utilize women, minorities, and socially
1815and economically disadvantaged business enterprises in all
1816phases of the design, development, construction, maintenance,
1817and operation of spaceports developed under this act.
1818     Section 47.  Section 331.354, Florida Statutes, is amended
1819to read:
1820     331.354  Tax exemption.--The exercise of the powers granted
1821by this act in all respects shall be for the benefit of the
1822people of the state, for the increase of their industry and
1823prosperity, for the improvement of their health and living
1824conditions, and for the provision of gainful employment and
1825shall constitute the performance of essential public functions.
1826Space Florida is The authority shall not be required to pay any
1827taxes on any project or any other property owned by Space
1828Florida the authority under the provisions of this act or upon
1829the income therefrom. The bonds issued under the provisions of
1830this act or upon the income therefrom (including any profit made
1831on the sale thereof), and all notes, mortgages, security
1832agreements, letters of credit, or other instruments which arise
1833out of or are given to secure the repayment of bonds issued in
1834connection with a project financed under this act, shall at all
1835times be free from taxation by the state or any local unit,
1836political subdivision, or other instrumentality of the state.
1837Nothing in This section, however, does not exempt shall be
1838construed as exempting from taxation or assessments the
1839leasehold interest of a lessee in any project or any other
1840property or interest owned by the lessee. The exemption granted
1841by this section is shall not be applicable to any tax imposed by
1842chapter 220 on interest, income, or profits on debt obligations
1843owned by corporations.
1844     Section 48.  Section 331.355, Florida Statutes, is amended
1845to read:
1846     331.355  Use of name; ownership rights to intellectual
1847property.--
1848     (1)(a)  The corporate name of a corporation incorporated or
1849authorized to transact business in this state, or the name of
1850any person or business entity transacting business in this
1851state, may not use the words "Florida Space Authority," "Florida
1852Aerospace Finance Corporation," "Florida Space Research
1853Institute," "spaceport Florida," or "Florida spaceport" in its
1854name unless Space Florida the authority gives written approval
1855for such use.
1856     (b)  The Department of State may dissolve, pursuant to s.
1857607.1421, any corporation that violates paragraph (a).
1858     (2)  Notwithstanding any provision of chapter 286, the
1859legal title and every right, interest, claim, or demand of any
1860kind in and to any patent, trademark, copyright, certification
1861mark, or other right acquired under the patent and trademark
1862laws of the United States or this state or any foreign country,
1863or the application for the same, as is owned or held, acquired,
1864or developed by Space Florida the authority, under the authority
1865and directions given it by this part, is vested in Space Florida
1866the authority for the use, benefit, and purposes provided in
1867this part. Space Florida The authority is vested with and is
1868authorized to exercise any and all of the normal incidents of
1869such ownership, including the receipt and disposition of
1870royalties. Any sums received as royalties from any such rights
1871are hereby appropriated to Space Florida the authority for any
1872and all of the purposes and uses provided in this part.
1873     Section 49.  Section 331.360, Florida Statutes, is amended
1874to read:
1875     331.360  Joint project agreement or assistance; spaceport
1876master plan.--
1877     (1)  It shall be the duty, function, and responsibility of
1878the Department of Transportation to promote the further
1879development and improvement of aerospace transportation
1880facilities; to address intermodal requirements and impacts of
1881the launch ranges, spaceports, and other space transportation
1882facilities; to assist in the development of joint-use facilities
1883and technology that support aviation and aerospace operations;
1884and to facilitate and promote cooperative efforts between
1885federal and state government entities to improve space
1886transportation capacity and efficiency. In carrying out this
1887duty and responsibility, the department may assist and advise,
1888cooperate with, and coordinate with federal, state, local, or
1889private organizations and individuals. The department may
1890administratively house its space transportation responsibilities
1891within an existing division or office.
1892     (2)  Notwithstanding any other provision of law, the
1893Department of Transportation may enter into a joint project
1894agreement with, or otherwise assist, the Florida Space Florida
1895Authority as necessary to effectuate the provisions of this
1896chapter and may allocate funds for such purposes in its 5-year
1897work program. However, the department may not fund the
1898administrative or operational costs of Space Florida the
1899authority.
1900     (3)  Space Florida The authority shall develop a spaceport
1901master plan for expansion and modernization of space
1902transportation facilities within spaceport territories as
1903defined in s. 331.303(22)(23). The plan shall contain
1904recommended projects to meet current and future commercial,
1905national, and state space transportation requirements. Space
1906Florida The authority shall submit the plan to any appropriate
1907metropolitan planning organization M.P.O. for review of
1908intermodal impacts. Space Florida The authority shall submit the
1909spaceport master plan to the Department of Transportation, and
1910such plan may be included within the department's 5-year work
1911program of qualifying aerospace discretionary capacity
1912improvement under subsection (4). The plan shall identify
1913appropriate funding levels and include recommendations on
1914appropriate sources of revenue that may be developed to
1915contribute to the State Transportation Trust Fund.
1916     (4)  Subject to the availability of appropriated funds, the
1917department may participate in the capital cost of eligible
1918spaceport discretionary capacity improvement projects. The
1919annual legislative budget request shall be based on the proposed
1920funding requested for approved spaceport discretionary capacity
1921improvement projects.
1922     Section 50.  Section 331.369, Florida Statutes, is amended
1923to read:
1924     331.369  Space Industry Workforce Initiative.--
1925     (1)  The Legislature finds that the aerospace space
1926industry is critical to the economic future of the state and
1927that the competitiveness of the industry in the state depends
1928upon the development and maintenance of a qualified workforce.
1929The Legislature further finds that the aerospace space industry
1930in this state has diverse and complex workforce needs,
1931including, but not limited to, the need for qualified entry-
1932level workers, the need to upgrade the skills of technician-
1933level incumbent workers, and the need to ensure continuing
1934education opportunities for workers with advanced educational
1935degrees. It is the intent of the Legislature to support programs
1936designed to address the workforce development needs of the
1937aerospace space industry in this state.
1938     (2)  The Workforce Development Board of Enterprise Florida,
1939Inc., or it successor entity, shall coordinate development of a
1940Space Industry Workforce Initiative in partnership with Space
1941Florida, the Florida Space Research Institute, the institute's
1942consortium of public and private universities, community
1943colleges, and other training providers approved by the board.
1944The purpose of the initiative is to use or revise existing
1945programs and to develop innovative new programs to address the
1946workforce needs of the aerospace space industry.
1947     (3)  The initiative shall emphasize:
1948     (a)  Curricula content and timeframes developed with
1949industry participation and endorsed by the industry;
1950     (b)  Programs that certify persons completing training as
1951meeting industry-approved standards or competencies;
1952     (c)  Use of distance-learning and computer-based training
1953modules as appropriate and feasible;
1954     (d)  Industry solicitation of public and private
1955universities to develop continuing education programs at the
1956master's and doctoral levels;
1957     (e)  Agreements with the National Aeronautics and Space
1958Administration to replicate on a national level successful
1959training programs developed through the initiative; and
1960     (f)  Leveraging of state and federal workforce funds.
1961     (4)  The Workforce Development Board of Enterprise Florida,
1962Inc., or its successor entity, with the assistance of Space
1963Florida the Florida Space Research Institute, shall convene
1964representatives from the aerospace space industry to identify
1965the priority training and education needs of the industry and to
1966appoint a team to design programs to meet the such priority
1967needs.
1968     (5)  The Workforce Development Board of Enterprise Florida,
1969Inc., or its successor entity, as part of its statutorily
1970prescribed annual report to the Legislature, shall provide
1971recommendations for policies, programs, and funding to enhance
1972the workforce needs of the aerospace space industry.
1973     Section 51.  Paragraph (g) of subsection (2) of section
197414.2015, Florida Statutes, is amended to read:
1975     14.2015  Office of Tourism, Trade, and Economic
1976Development; creation; powers and duties.--
1977     (2)  The purpose of the Office of Tourism, Trade, and
1978Economic Development is to assist the Governor in working with
1979the Legislature, state agencies, business leaders, and economic
1980development professionals to formulate and implement coherent
1981and consistent policies and strategies designed to provide
1982economic opportunities for all Floridians. To accomplish such
1983purposes, the Office of Tourism, Trade, and Economic Development
1984shall:
1985     (g)  Serve as contract administrator for the state with
1986respect to contracts with Enterprise Florida, Inc., the Florida
1987Commission on Tourism, Space Florida, and all direct-support
1988organizations under this act, excluding those relating to
1989tourism. To accomplish the provisions of this act and applicable
1990provisions of chapter 288, and notwithstanding the provisions of
1991part I of chapter 287, the office shall enter into specific
1992contracts with Enterprise Florida, Inc., the Florida Commission
1993on Tourism, and other appropriate direct-support organizations.
1994Such contracts may be multiyear and shall include specific
1995performance measures for each year.
1996     Section 52.  Section 74.011, Florida Statutes, is amended
1997to read:
1998     74.011  Scope.--In any eminent domain action, properly
1999instituted by and in the name of the state; the Department of
2000Transportation; any county, school board, municipality,
2001expressway authority, regional water supply authority,
2002transportation authority, flood control district, or drainage or
2003subdrainage district; the ship canal authority; any lawfully
2004constituted housing, port, or aviation authority; the Florida
2005Space Authority; or any rural electric cooperative, telephone
2006cooperative corporation, or public utility corporation, the
2007petitioner may avail itself of the provisions of this chapter to
2008take possession and title in advance of the entry of final
2009judgment.
2010     Section 53.  Subsection (6) of section 196.012, Florida
2011Statutes, is amended to read:
2012     196.012  Definitions.--For the purpose of this chapter, the
2013following terms are defined as follows, except where the context
2014clearly indicates otherwise:
2015     (6)  Governmental, municipal, or public purpose or function
2016shall be deemed to be served or performed when the lessee under
2017any leasehold interest created in property of the United States,
2018the state or any of its political subdivisions, or any
2019municipality, agency, special district, authority, or other
2020public body corporate of the state is demonstrated to perform a
2021function or serve a governmental purpose which could properly be
2022performed or served by an appropriate governmental unit or which
2023is demonstrated to perform a function or serve a purpose which
2024would otherwise be a valid subject for the allocation of public
2025funds. For purposes of the preceding sentence, an activity
2026undertaken by a lessee which is permitted under the terms of its
2027lease of real property designated as an aviation area on an
2028airport layout plan which has been approved by the Federal
2029Aviation Administration and which real property is used for the
2030administration, operation, business offices and activities
2031related specifically thereto in connection with the conduct of
2032an aircraft full service fixed base operation which provides
2033goods and services to the general aviation public in the
2034promotion of air commerce shall be deemed an activity which
2035serves a governmental, municipal, or public purpose or function.
2036Any activity undertaken by a lessee which is permitted under the
2037terms of its lease of real property designated as a public
2038airport as defined in s. 332.004(14) by municipalities,
2039agencies, special districts, authorities, or other public bodies
2040corporate and public bodies politic of the state, a spaceport as
2041defined in s. 331.303(19), or which is located in a deepwater
2042port identified in s. 403.021(9)(b) and owned by one of the
2043foregoing governmental units, subject to a leasehold or other
2044possessory interest of a nongovernmental lessee that is deemed
2045to perform an aviation, airport, aerospace, maritime, or port
2046purpose or operation shall be deemed an activity that serves a
2047governmental, municipal, or public purpose. The use by a lessee,
2048licensee, or management company of real property or a portion
2049thereof as a convention center, visitor center, sports facility
2050with permanent seating, concert hall, arena, stadium, park, or
2051beach is deemed a use that serves a governmental, municipal, or
2052public purpose or function when access to the property is open
2053to the general public with or without a charge for admission. If
2054property deeded to a municipality by the United States is
2055subject to a requirement that the Federal Government, through a
2056schedule established by the Secretary of the Interior, determine
2057that the property is being maintained for public historic
2058preservation, park, or recreational purposes and if those
2059conditions are not met the property will revert back to the
2060Federal Government, then such property shall be deemed to serve
2061a municipal or public purpose. The term "governmental purpose"
2062also includes a direct use of property on federal lands in
2063connection with the Federal Government's Space Exploration
2064Program or spaceport activities as defined in s. 212.02(22).
2065Real property and tangible personal property owned by the
2066Federal Government or Space Florida the Florida Space Authority
2067and used for defense and space exploration purposes or which is
2068put to a use in support thereof shall be deemed to perform an
2069essential national governmental purpose and shall be exempt.
2070"Owned by the lessee" as used in this chapter does not include
2071personal property, buildings, or other real property
2072improvements used for the administration, operation, business
2073offices and activities related specifically thereto in
2074connection with the conduct of an aircraft full service fixed
2075based operation which provides goods and services to the general
2076aviation public in the promotion of air commerce provided that
2077the real property is designated as an aviation area on an
2078airport layout plan approved by the Federal Aviation
2079Administration. For purposes of determination of "ownership,"
2080buildings and other real property improvements which will revert
2081to the airport authority or other governmental unit upon
2082expiration of the term of the lease shall be deemed "owned" by
2083the governmental unit and not the lessee. Providing two-way
2084telecommunications services to the public for hire by the use of
2085a telecommunications facility, as defined in s. 364.02(15), and
2086for which a certificate is required under chapter 364 does not
2087constitute an exempt use for purposes of s. 196.199, unless the
2088telecommunications services are provided by the operator of a
2089public-use airport, as defined in s. 332.004, for the operator's
2090provision of telecommunications services for the airport or its
2091tenants, concessionaires, or licensees, or unless the
2092telecommunications services are provided by a public hospital.
2093However, property that is being used to provide such
2094telecommunications services on or before October 1, 1997, shall
2095remain exempt, but such exemption expires October 1, 2004.
2096     Section 54.  Subsection (22) of section 212.02, Florida
2097Statutes, is amended to read:
2098     212.02  Definitions.--The following terms and phrases when
2099used in this chapter have the meanings ascribed to them in this
2100section, except where the context clearly indicates a different
2101meaning:
2102     (22)  "Spaceport activities" means activities directed or
2103sponsored by Space Florida the Florida Space Authority on
2104spaceport territory pursuant to its powers and responsibilities
2105under the Space Florida Act Florida Space Authority Act.
2106     Section 55.  Subsection (7) of section 288.063, Florida
2107Statutes, is amended to read:
2108     288.063  Contracts for transportation projects.--
2109     (7)  For the purpose of this section, Space Florida the
2110Florida Space Authority may serve as the local government or as
2111the contracting agency for transportation projects within
2112spaceport territory as defined by s. 331.304.
2113     Section 56.  Subsection (1) of section 288.075, Florida
2114Statutes, is amended to read:
2115     288.075  Confidentiality of records.--
2116     (1)  As used in this section, the term "economic
2117development agency" means the Office of Tourism, Trade, and
2118Economic Development, any industrial development authority
2119created in accordance with part III of chapter 159 or by special
2120law, Space Florida the Florida Space Authority created in part
2121II of chapter 331, the Florida Aerospace Finance Corporation
2122created in part III of chapter 331, the public economic
2123development agency of a county or municipality, or any research
2124and development authority created in accordance with part V of
2125chapter 159. The term also includes any private agency, person,
2126partnership, corporation, or business entity when authorized by
2127the state, a municipality, or a county to promote the general
2128business interests or industrial interests of the state or that
2129municipality or county.
2130     Section 57.  Subsection (2) of section 288.35, Florida
2131Statutes, is amended to read:
2132     288.35  Definitions.--The following terms, wherever used or
2133referred to in this part, shall have the following meanings:
2134     (2)  "Government agency" means the state or any county or
2135political subdivision thereof; any state agency; any
2136consolidated government of a county, and some or all of the
2137municipalities located within the said county; any chartered
2138municipality in the state; and any of the institutions of such
2139consolidated governments, counties, or municipalities.
2140Specifically included are airports, port authorities, industrial
2141authorities, and Space Florida the Florida Space Authority.
2142     Section 58.  Subsection (2) of section 288.9415, Florida
2143Statutes, is amended to read:
2144     288.9415  International Trade Grants.--
2145     (2)  A county, municipality, economic development council,
2146Space Florida the Florida Space Authority, or a not-for-profit
2147association of businesses organized to assist in the promotion
2148of international trade may apply for a grant of state funds for
2149the promotion of international trade.
2150     Section 59.  Paragraph (j) of subsection (5) of section
2151212.08, Florida Statutes, is amended to read:
2152     212.08  Sales, rental, use, consumption, distribution, and
2153storage tax; specified exemptions.--The sale at retail, the
2154rental, the use, the consumption, the distribution, and the
2155storage to be used or consumed in this state of the following
2156are hereby specifically exempt from the tax imposed by this
2157chapter.
2158     (5)  EXEMPTIONS; ACCOUNT OF USE.--
2159     (j)  Machinery and equipment used in semiconductor,
2160defense, or space technology production and research and
2161development.--
2162     1.a.  Industrial machinery and equipment used in
2163semiconductor technology facilities certified under subparagraph
21646. to manufacture, process, compound, or produce semiconductor
2165technology products for sale or for use by these facilities are
2166exempt from the tax imposed by this chapter. For purposes of
2167this paragraph, industrial machinery and equipment includes
2168molds, dies, machine tooling, other appurtenances or accessories
2169to machinery and equipment, testing equipment, test beds,
2170computers, and software, whether purchased or self-fabricated,
2171and, if self-fabricated, includes materials and labor for
2172design, fabrication, and assembly.
2173     b.  Industrial machinery and equipment used in defense or
2174space technology facilities certified under subparagraph 6. to
2175design, manufacture, assemble, process, compound, or produce
2176defense technology products or space technology products for
2177sale or for use by these facilities are exempt from 25 percent
2178of the tax imposed by this chapter.
2179     2.a.  Machinery and equipment are exempt from the tax
2180imposed by this chapter if used predominately in semiconductor
2181wafer research and development activities in a semiconductor
2182technology research and development facility certified under
2183subparagraph 6. For purposes of this paragraph, machinery and
2184equipment includes molds, dies, machine tooling, other
2185appurtenances or accessories to machinery and equipment, testing
2186equipment, test beds, computers, and software, whether purchased
2187or self-fabricated, and, if self-fabricated, includes materials
2188and labor for design, fabrication, and assembly.
2189     b.  Machinery and equipment are exempt from 25 percent of
2190the tax imposed by this chapter if used predominately in defense
2191or space research and development activities in a defense or
2192space technology research and development facility certified
2193under subparagraph 6.
2194     3.  Building materials purchased for use in manufacturing
2195or expanding clean rooms in semiconductor-manufacturing
2196facilities are exempt from the tax imposed by this chapter.
2197     4.  In addition to meeting the criteria mandated by
2198subparagraph 1., subparagraph 2., or subparagraph 3., a business
2199must be certified by the Office of Tourism, Trade, and Economic
2200Development as authorized in this paragraph in order to qualify
2201for exemption under this paragraph.
2202     5.  For items purchased tax exempt pursuant to this
2203paragraph, possession of a written certification from the
2204purchaser, certifying the purchaser's entitlement to exemption
2205pursuant to this paragraph, relieves the seller of the
2206responsibility of collecting the tax on the sale of such items,
2207and the department shall look solely to the purchaser for
2208recovery of tax if it determines that the purchaser was not
2209entitled to the exemption.
2210     6.a.  To be eligible to receive the exemption provided by
2211subparagraph 1., subparagraph 2., or subparagraph 3., a
2212qualifying business entity shall apply to Enterprise Florida,
2213Inc. The application shall be developed by the Office of
2214Tourism, Trade, and Economic Development in consultation with
2215Enterprise Florida, Inc.
2216     b.  Enterprise Florida, Inc., shall review each submitted
2217application and information and determine whether or not the
2218application is complete within 5 working days. Once an
2219application is complete, Enterprise Florida, Inc., shall, within
222010 working days, evaluate the application and recommend approval
2221or disapproval of the application to the Office of Tourism,
2222Trade, and Economic Development.
2223     c.  Upon receipt of the application and recommendation from
2224Enterprise Florida, Inc., the Office of Tourism, Trade, and
2225Economic Development shall certify within 5 working days those
2226applicants who are found to meet the requirements of this
2227section and notify the applicant, Enterprise Florida, Inc., and
2228the department of the certification. If the Office of Tourism,
2229Trade, and Economic Development finds that the applicant does
2230not meet the requirements of this section, it shall notify the
2231applicant and Enterprise Florida, Inc., within 10 working days
2232that the application for certification has been denied and the
2233reasons for denial. The Office of Tourism, Trade, and Economic
2234Development has final approval authority for certification under
2235this section.
2236     7.a.  A business may apply once each year for the
2237exemption.
2238     b.  The application must indicate, for program evaluation
2239purposes only, the average number of full-time equivalent
2240employees at the facility over the preceding calendar year, the
2241average wage and benefits paid to those employees over the
2242preceding calendar year, the total investment made in real and
2243tangible personal property over the preceding calendar year, and
2244the total value of tax-exempt purchases and taxes exempted
2245during the previous year. The department shall assist the Office
2246of Tourism, Trade, and Economic Development in evaluating and
2247verifying information provided in the application for exemption.
2248     c.  The Office of Tourism, Trade, and Economic Development
2249may use the information reported on the application for
2250evaluation purposes only and shall prepare an annual report on
2251the exemption program and its cost and impact. The annual report
2252for the preceding fiscal year shall be submitted to the
2253Governor, the President of the Senate, and the Speaker of the
2254House of Representatives by September 30 of each fiscal year.
2255     8.  A business certified to receive this exemption may
2256elect to designate one or more state universities or community
2257colleges as recipients of up to 100 percent of the amount of the
2258exemption for which they may qualify. To receive these funds,
2259the institution must agree to match the funds so earned with
2260equivalent cash, programs, services, or other in-kind support on
2261a one-to-one basis in the pursuit of research and development
2262projects as requested by the certified business. The rights to
2263any patents, royalties, or real or intellectual property must be
2264vested in the business unless otherwise agreed to by the
2265business and the university or community college.
2266     9.  As used in this paragraph, the term:
2267     a.  "Predominately" means at least 50 percent of the time
2268in qualifying research and development.
2269     b.  "Research and development" means basic and applied
2270research in the science or engineering, as well as the design,
2271development, and testing, of prototypes or processes of new or
2272improved products, including the design, development, and
2273testing of space launch vehicles, space flight vehicles,
2274missiles, satellites, or research payloads, avionics, and
2275associated control systems and processing systems, and
2276components of any of the foregoing. Research and development
2277does not include market research, routine consumer product
2278testing, sales research, research in the social sciences or
2279psychology, or similar nontechnological activities, or technical
2280services.
2281     c.  "Semiconductor technology products" means raw
2282semiconductor wafers or semiconductor thin films that are
2283transformed into semiconductor memory or logic wafers, including
2284wafers containing mixed memory and logic circuits; related
2285assembly and test operations; active-matrix flat panel displays;
2286semiconductor chips; semiconductor lasers; optoelectronic
2287elements; and related semiconductor technology products as
2288determined by the Office of Tourism, Trade, and Economic
2289Development.
2290     d.  "Clean rooms" means manufacturing facilities enclosed
2291in a manner that meets the clean manufacturing requirements
2292necessary for high-technology semiconductor-manufacturing
2293environments.
2294     e.  "Defense technology products" means products that have
2295a military application, including, but not limited to, weapons,
2296weapons systems, guidance systems, surveillance systems,
2297communications or information systems, munitions, aircraft,
2298vessels, or boats, or components thereof, which are intended for
2299military use and manufactured in performance of a contract with
2300the United States Department of Defense or the military branch
2301of a recognized foreign government or a subcontract thereunder
2302which relates to matters of national defense.
2303     f.  "Space technology products" means products that are
2304specifically designed or manufactured for application in space
2305activities, including, but not limited to, space launch
2306vehicles, space flight vehicles, missiles, satellites or
2307research payloads, avionics, and associated control systems and
2308processing systems and components of any of the foregoing. The
2309term does not include products that are designed or manufactured
2310for general commercial aviation or other uses even though those
2311products may also serve an incidental use in space applications.
2312     Section 60.  Paragraph (d) of subsection (6) of section
2313212.20, Florida Statutes, is amended to read:
2314     212.20  Funds collected, disposition; additional powers of
2315department; operational expense; refund of taxes adjudicated
2316unconstitutionally collected.--
2317     (6)  Distribution of all proceeds under this chapter and s.
2318202.18(1)(b) and (2)(b) shall be as follows:
2319     (d)  The proceeds of all other taxes and fees imposed
2320pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
2321and (2)(b) shall be distributed as follows:
2322     1.  In any fiscal year, the greater of $500 million, minus
2323an amount equal to 4.6 percent of the proceeds of the taxes
2324collected pursuant to chapter 201, or 5 percent of all other
2325taxes and fees imposed pursuant to this chapter or remitted
2326pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
2327monthly installments into the General Revenue Fund.
2328     2.  Two-tenths of one percent shall be transferred to the
2329Ecosystem Management and Restoration Trust Fund to be used for
2330water quality improvement and water restoration projects.
2331     3.  After the distribution under subparagraphs 1. and 2.,
23328.814 percent of the amount remitted by a sales tax dealer
2333located within a participating county pursuant to s. 218.61
2334shall be transferred into the Local Government Half-cent Sales
2335Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
2336be transferred pursuant to this subparagraph to the Local
2337Government Half-cent Sales Tax Clearing Trust Fund shall be
2338reduced by 0.1 percent, and the department shall distribute this
2339amount to the Public Employees Relations Commission Trust Fund
2340less $5,000 each month, which shall be added to the amount
2341calculated in subparagraph 4. and distributed accordingly.
2342     4.  After the distribution under subparagraphs 1., 2., and
23433., 0.095 percent shall be transferred to the Local Government
2344Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
2345to s. 218.65.
2346     5.  After the distributions under subparagraphs 1., 2., 3.,
2347and 4., 2.0440 percent of the available proceeds pursuant to
2348this paragraph shall be transferred monthly to the Revenue
2349Sharing Trust Fund for Counties pursuant to s. 218.215.
2350     6.  After the distributions under subparagraphs 1., 2., 3.,
2351and 4., 1.3409 percent of the available proceeds pursuant to
2352this paragraph shall be transferred monthly to the Revenue
2353Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
2354the total revenue to be distributed pursuant to this
2355subparagraph is at least as great as the amount due from the
2356Revenue Sharing Trust Fund for Municipalities and the former
2357Municipal Financial Assistance Trust Fund in state fiscal year
23581999-2000, no municipality shall receive less than the amount
2359due from the Revenue Sharing Trust Fund for Municipalities and
2360the former Municipal Financial Assistance Trust Fund in state
2361fiscal year 1999-2000. If the total proceeds to be distributed
2362are less than the amount received in combination from the
2363Revenue Sharing Trust Fund for Municipalities and the former
2364Municipal Financial Assistance Trust Fund in state fiscal year
23651999-2000, each municipality shall receive an amount
2366proportionate to the amount it was due in state fiscal year
23671999-2000.
2368     7.  Of the remaining proceeds:
2369     a.  In each fiscal year, the sum of $29,915,500 shall be
2370divided into as many equal parts as there are counties in the
2371state, and one part shall be distributed to each county. The
2372distribution among the several counties shall begin each fiscal
2373year on or before January 5th and shall continue monthly for a
2374total of 4 months. If a local or special law required that any
2375moneys accruing to a county in fiscal year 1999-2000 under the
2376then-existing provisions of s. 550.135 be paid directly to the
2377district school board, special district, or a municipal
2378government, such payment shall continue until such time that the
2379local or special law is amended or repealed. The state covenants
2380with holders of bonds or other instruments of indebtedness
2381issued by local governments, special districts, or district
2382school boards prior to July 1, 2000, that it is not the intent
2383of this subparagraph to adversely affect the rights of those
2384holders or relieve local governments, special districts, or
2385district school boards of the duty to meet their obligations as
2386a result of previous pledges or assignments or trusts entered
2387into which obligated funds received from the distribution to
2388county governments under then-existing s. 550.135. This
2389distribution specifically is in lieu of funds distributed under
2390s. 550.135 prior to July 1, 2000.
2391     b.  The department shall distribute $166,667 monthly
2392pursuant to s. 288.1162 to each applicant that has been
2393certified as a "facility for a new professional sports
2394franchise" or a "facility for a retained professional sports
2395franchise" pursuant to s. 288.1162. Up to $41,667 shall be
2396distributed monthly by the department to each applicant that has
2397been certified as a "facility for a retained spring training
2398franchise" pursuant to s. 288.1162; however, not more than
2399$208,335 may be distributed monthly in the aggregate to all
2400certified facilities for a retained spring training franchise.
2401Distributions shall begin 60 days following such certification
2402and shall continue for not more than 30 years. Nothing contained
2403in this paragraph shall be construed to allow an applicant
2404certified pursuant to s. 288.1162 to receive more in
2405distributions than actually expended by the applicant for the
2406public purposes provided for in s. 288.1162(6). However, a
2407certified applicant is entitled to receive distributions up to
2408the maximum amount allowable and undistributed under this
2409section for additional renovations and improvements to the
2410facility for the franchise without additional certification.
2411     c.  Beginning 30 days after notice by the Office of
2412Tourism, Trade, and Economic Development to the Department of
2413Revenue that an applicant has been certified as the professional
2414golf hall of fame pursuant to s. 288.1168 and is open to the
2415public, $166,667 shall be distributed monthly, for up to 300
2416months, to the applicant.
2417     d.  Beginning 30 days after notice by the Office of
2418Tourism, Trade, and Economic Development to the Department of
2419Revenue that the applicant has been certified as the
2420International Game Fish Association World Center facility
2421pursuant to s. 288.1169, and the facility is open to the public,
2422$83,333 shall be distributed monthly, for up to 168 months, to
2423the applicant. This distribution is subject to reduction
2424pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
2425made, after certification and before July 1, 2000.
2426     e.  Every dealer conducting business at a fixed location at
2427the John F. Kennedy Space Center or Cape Canaveral Air Force
2428Station and selling admissions to the John F. Kennedy Space
2429Center or Cape Canaveral Air Force Station, or any part of
2430either location, under a contract with the National Aeronautics
2431and Space Administration or under a subcontract to such
2432contract, shall file returns each month in accordance with this
2433sub-subparagraph. Each dealer must file a separate return each
2434month which reports, separately from any other sales and use
2435taxes due under this chapter, the sale of admissions to the John
2436F. Kennedy Space Center or Cape Canaveral Air Force Station or
2437any part of the facilities or to any event held at either
2438location, together with sales at retail of tangible personal
2439property from such fixed place of business, and leases and
2440licenses by the dealer at the John F. Kennedy Space Center or
2441Cape Canaveral Air Force Station taxable under s. 212.031, and
2442the taxes collected by the dealer with respect to such
2443admissions, leases, licenses, and sales. All amounts due under
2444this chapter with respect to these transactions shall be timely
2445remitted to the department. The dealer shall simultaneously file
2446a copy of the return with Space Florida and a copy with the
2447director of the Office of Tourism, Trade, and Economic
2448Development, all of which return copies and information
2449contained in such copies are subject to the same confidentiality
2450provisions as are applicable to returns and information filed
2451with the department under s. 213.053. Each month the department
2452shall distribute to Space Florida all such proceeds collected
2453and remitted to the department as shown on the returns required
2454by this sub-subparagraph. However, the monthly distributions may
2455not include proceeds of discretionary surtaxes due under this
2456chapter. The proceeds of the monthly distributions shall be
2457expended for aerospace education projects authorized in s.
2458331.305. If the department collects any additional amounts under
2459this chapter with respect to any transactions for which a
2460separate return is required by this sub-subparagraph, no later
2461than 30 days after the collection, the proceeds shall be
2462distributed by the department to Space Florida for the uses
2463specified in this sub-subparagraph. This sub-subparagraph does
2464not affect any dealer's liability for other taxes imposed by and
2465due under this chapter.
2466     8.  All other proceeds shall remain with the General
2467Revenue Fund.
2468     Section 61.  Section 1004.86, Florida Statutes, is created
2469to read:
2470     1004.86  Florida Center for Mathematics and Science
2471Education Research.--
2472     (1)  The Department of Education shall establish at a
2473public state university the Florida Center for Mathematics and
2474Science Education Research to increase student achievement in
2475science and mathematics. The center shall:
2476     (a)  Provide technical assistance and support to school
2477districts and schools in the development and implementation of
2478mathematics and science instruction.
2479     (b)  Conduct applied research on policy and practices
2480related to mathematics and science instruction and assessment in
2481the state.
2482     (c)  Conduct or compile basic research regarding student
2483acquisition of mathematics and science knowledge and skills.
2484     (d)  Develop comprehensive course frameworks for
2485mathematics and science courses that emphasize rigor and
2486relevance at the elementary, middle, and high school levels.
2487     (e)  Disseminate information regarding research-based
2488teaching practices in mathematics and science to teachers and
2489teacher educators in the state.
2490     (f)  Collect, manage, and report on assessment information
2491regarding student achievement in mathematics and science.
2492     (g)  Establish partnerships with state universities,
2493community colleges, and school districts.
2494     (h)  Collaborate with the Florida Center for Reading
2495Research in order to provide research-based practices that
2496integrate the teaching of reading within mathematics and
2497sciences courses.
2498     (2)  The department shall monitor the center through the
2499Division of K-12 Public Schools.
2500     Section 62.  Sections 331.314, 331.367, 331.368, 331.401,
2501331.403, 331.405, 331.407, 331.409, 331.411, 331.415, 331.417,
2502and 331.419, Florida Statutes, are repealed.
2503     Section 63.  The Florida Space Authority, the Florida Space
2504Research Institute, and the Florida Aerospace Finance
2505Corporation are dissolved effective September 1, 2006. Space
2506Florida, as created by this act, is the successor organization
2507to, and as such shall assume the records, property, obligations,
2508and unexpended balances of appropriations, allocations, or other
2509funds of, the Florida Space Authority, the Florida Space
2510Research Institute, and the Florida Aerospace Finance
2511Corporation.
2512     Section 64.  The Governor, the President of the Senate, and
2513the Speaker of the House of Representatives shall appoint the
2514board of directors of Space Florida no later than July 1, 2006.
2515The board of directors of Space Florida shall hold its first
2516meeting no later than August 1, 2006. The board of directors of
2517Space Florida shall appoint a president no later than September
25181, 2006. The Executive Office of the Governor shall provide
2519staffing, and transitional support to Space Florida until
2520December 31, 2006.
2521     Section 65.  Subsection (12) is added to section 288.1224,
2522Florida Statutes, to read:
2523     288.1224  Powers and duties.--The commission:
2524     (12)  Shall enter into a memorandum of agreement with Space
2525Florida and Enterprise Florida, Inc., to develop a public
2526advertising program promoting aerospace-related activities,
2527businesses, or any Space Florida project.
2528     Section 66.  Subsections (7) and (8) are added to section
2529288.9015, Florida Statutes, to read:
2530     288.9015  Enterprise Florida, Inc.; purpose; duties.--
2531     (7)  Enterprise Florida, Inc., shall enter into a
2532memorandum of agreement with Space Florida to:
2533     (a)  Develop a plan to retain, expand, attract, and create
2534aerospace industry entities, public or private, which result in
2535the creation of high-value-added businesses and jobs in this
2536state.
2537     (b)  Develop a plan to assist in the financing of aerospace
2538businesses.
2539     (8)  Enterprise Florida, Inc., shall enter into a
2540memorandum of agreement with Space Florida and the Florida
2541Commission on Tourism and its direct-support organization to
2542develop a public advertising program promoting aerospace-related
2543activities, businesses, and any Space Florida project.
2544     Section 67.  Subsection (12) is added to section 445.004,
2545Florida Statutes, to read:
2546     445.004  Workforce Florida, Inc.; creation; purpose;
2547membership; duties and powers.--
2548     (12)  Workforce Florida, Inc., shall enter into a
2549memorandum of agreement with Space Florida, and collaborate with
2550Florida vocational institutes, community colleges, colleges, and
2551universities, to develop a workforce development strategy to
2552implement s. 331.3051.
2553     Section 68.  Subsection (17) is added to section 1001.10,
2554Florida Statutes, read:
2555     1001.10  Commissioner of Education; general powers and
2556duties.--The Commissioner of Education is the chief educational
2557officer of the state, and is responsible for giving full
2558assistance to the State Board of Education in enforcing
2559compliance with the mission and goals of the seamless K-20
2560education system. To facilitate innovative practices and to
2561allow local selection of educational methods, the State Board of
2562Education may authorize the commissioner to waive, upon the
2563request of a district school board, State Board of Education
2564rules that relate to district school instruction and school
2565operations, except those rules pertaining to civil rights, and
2566student health, safety, and welfare. The Commissioner of
2567Education is not authorized to grant waivers for any provisions
2568in rule pertaining to the allocation and appropriation of state
2569and local funds for public education; the election,
2570compensation, and organization of school board members and
2571superintendents; graduation and state accountability standards;
2572financial reporting requirements; reporting of out-of-field
2573teaching assignments under s. 1012.42; public meetings; public
2574records; or due process hearings governed by chapter 120. No
2575later than January 1 of each year, the commissioner shall report
2576to the Legislature and the State Board of Education all approved
2577waiver requests in the preceding year. Additionally, the
2578commissioner has the following general powers and duties:
2579     (17)  To enter into a memorandum of agreement with Space
2580Florida to develop innovative aerospace-related education
2581programs that promote mathematics and science education for
2582grades K-20.
2583
2584The commissioner's office shall operate all statewide functions
2585necessary to support the State Board of Education and the K-20
2586education system, including strategic planning and budget
2587development, general administration, and assessment and
2588accountability.
2589     Section 69.  This act shall take effect upon becoming a
2590law.


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