HB 1489CS

CHAMBER ACTION




1The Spaceport & Technology Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the state's aerospace industry;
7redesignating the "Florida Space Authority" as "Space
8Florida"; creating s. 331.3011, F.S.; providing
9legislative intent; providing definitions; revising and
10consolidating the roles, purposes, responsibilities,
11assets, and duties of the Florida Space Authority as those
12of Space Florida; deleting authority to establish
13facilities and complementary activities; providing
14additional powers and duties of Space Florida; prohibiting
15Space Florida from endorsing political candidates or
16making campaign contributions; characterizing certain
17property as Space Florida territory; creating s. 331.3051,
18F.S.; providing additional powers and responsibilities of
19Space Florida relating to the state's aerospace industry;
20deleting authority to exercise eminent domain powers;
21requiring Space Florida to create a business plan and a
22marketing campaign; requiring Space Florida to coordinate
23its activities with federal and state agencies; amending
24s. 331.308, F.S.; replacing provisions providing for a
25board of supervisors with provisions providing for a board
26of directors of Space Florida; providing for designation
27and appointment of members; providing requirements of
28board members; providing for terms, removal of members,
29and filling of vacancies; providing for board meetings;
30specifying service without compensation; providing for
31reimbursement of certain expenses; providing financial
32disclosure requirements; revising powers and duties of the
33board; amending ss. 331.301, 331.302, 331.303, 331.305,
34331.306, 331.309, 331.310, 331.3101, 331.311, 331.312,
35331.313, 331.315, 331.316, 331.317, 331.318, 331.319,
36331.320, 331.321, 331.322, 331.323, 331.324, 331.325,
37331.326, 331.327, 331.328, 331.329, 331.331, 331.333,
38331.334, 331.335, 331.336, 331.337, 331.338, 331.339,
39331.340, 331.343, 331.345, 331.346, 331.347, 331.348,
40331.349, 331.350, 331.351, 331.354, 331.355, 331.360, and
41331.369, F.S., to conform; amending ss. 14.2015, 74.011,
42196.012, 212.02, 288.063, 288.075, 288.35, and 288.9415,
43F.S., to conform; amending s. 212.08, F.S.; expanding the
44exemption from the sales and use tax on certain machinery
45and equipment; amending s. 212.20, F.S.; requiring dealers
46at certain business locations to file returns with the
47Department of Revenue disclosing certain sales tax
48information; specifying return requirements; requiring the
49department to distribute certain proceeds to Space
50Florida; requiring expenditure of such proceeds for
51certain purposes; creating s. 1004.86, F.S.; requiring the
52Department of Education to establish the Florida Center
53for Mathematics and Science Education Research at a public
54state university; specifying requirements for the center;
55repealing s. 331.314, F.S., relating to the exclusive
56authority of the Florida Space Authority to regulate
57spaceports; repealing s. 331.367, F.S., relating to the
58Spaceport Management Council; repealing s. 331.368, F.S.,
59relating to the Florida Space Research Institute;
60repealing ss. 331.401, 331.403, 331.405, 331.407, 331.409,
61331.411, 331.415, 331.417, and 331.419, F.S., relating to
62the Florida Aerospace Finance Corporation; providing that
63the Florida Space Authority, the Florida Space Research
64Institute, and the Florida Aerospace Finance Corporation
65are dissolved on a specified date; providing that Space
66Florida assumes the records, property, and unexpended
67balances of appropriations, allocations, and other funds
68from the dissolved entities; requiring the Governor, the
69President of the Senate, and the Speaker of the House of
70Representatives to appoint the board of directors of Space
71Florida by a specified date; requiring the board of
72directors of Space Florida to hold its first meeting by a
73specified date; amending ss. 228.1224, 288.9015, 445.004,
74and 1001.10, F.S.; requiring the Florida Commission on
75Tourism, Enterprise Florida, Inc., Workforce Florida,
76Inc., and the Commissioner of Education to advise and
77cooperate with Space Florida under certain circumstances;  
78providing an effective date.
79
80Be It Enacted by the Legislature of the State of Florida:
81
82     Section 1.  Section 331.301, Florida Statutes, is amended
83to read:
84     331.301  Short title.--This act may be cited as the "Space
85Florida Space Authority Act."
86     Section 2.  Section 331.3011, Florida Statutes, is created
87to read:
88     331.3011  Legislative findings and intent.--
89     (1)  The Legislature finds and declares that the aerospace
90industry of this state is integral to the state's long-term
91success in diversifying its economy and building a knowledge-
92based economy that is able to support the creation of high
93value-added businesses and jobs. Further, under the direction
94and leadership of a single, private-public board, this state has
95the opportunity to strengthen its existing leadership in civil
96and military aerospace activity and emerge as a leader in the
97nation's new vision for space exploration and commercial
98aerospace opportunities, including the integration of space,
99aeronautics, and aviation technologies. As the leading location
100for talent, research, advanced technologies and systems
101development, launch, and other aerospace-based industry
102activities, this state can position itself for sustainable
103economic growth and prosperity.
104     (2)  The Legislature finds that attaining this vision
105requires a strong public and private commitment to a world class
106aerospace industry. It is the intent of the Legislature that
107Space Florida will encourage the public and private sectors to
108work together to implement an aggressive strategy that enhances
109the state's workforce, education, and research capabilities,
110with emphasis on mathematics, science, engineering, and related
111fields; will focus on the state's economic development efforts
112in order to capture a larger share of activity in aerospace
113research, technology, production, and commercial operations,
114while maintaining the state's historical leadership in space
115launch activities; and will preserve the unique national role
116served by the Cape Canaveral Air Force Station and Kennedy Space
117Center by reducing costs and improving the regulatory
118flexibility for commercial sector launches while pursuing the
119development of sites for commercial horizontal launches.
120     (3)  It is the intent of the Legislature that aerospace
121activities be highly visible and coordinated within this state.
122To that end, it is the intent of the Legislature that Space
123Florida provide a single point of contact for state aerospace-
124related activities with federal agencies, the military, state
125agencies, businesses, and the private sector.
126     Section 3.  Section 331.302, Florida Statutes, is amended
127to read:
128(Substantial rewording of section. See
129s. 331.302, F.S., for present text.)
130     331.302  Space Florida; creation; purpose.--
131     (1)  There is established, formed, and created Space
132Florida, which is created and incorporated as a public
133corporation, body politic, and subdivision of the state to
134foster the growth and development of a sustainable and world-
135leading aerospace industry in this state. Space Florida shall
136promote aerospace business development by facilitating business
137financing, spaceport operations, research and development,
138workforce development, and innovative education programs. Space
139Florida has all the powers, rights, privileges, and authority as
140provided under the laws of this state.
141     (2)  In carrying out its duties and responsibilities, Space
142Florida shall advise, coordinate, cooperate, and, when
143necessary, enter into memoranda of agreement with
144municipalities, counties, regional authorities, state agencies
145and organizations, appropriate federal agencies and
146organizations, and other interested persons and groups.
147     (3)  Space Florida may not endorse any candidate for any
148elected public office or contribute money to the campaign of any
149candidate for public office.
150     (4)  Space Florida is not an agency as defined in ss.
151216.011 and 287.012.
152     Section 4.  Section 331.303, Florida Statutes, is amended
153to read:
154     331.303  Definitions.--
155     (1)  "Aerospace" means the industry that designs and
156manufactures aircraft, rockets, missiles, spacecraft,
157satellites, space vehicles, space stations, space facilities or
158components thereof, and equipment, systems, facilities,
159simulators, programs, and related activities. "Authority" means
160the Florida Space Authority created by this act.
161     (2)  "Board" or "board of directors supervisors" means the
162governing body of Space Florida the authority.
163     (3)  "Bonds" means revenue bonds, assessment bonds, or
164other bonds or obligations issued by Space Florida the authority
165for the purpose of raising financing for its projects.
166     (4)  "Business client" means any person, other than a state
167official or state employee, who receives the services of, or is
168the subject of solicitation by, representatives of Space Florida
169the authority in connection with the performance of its
170statutory duties, including purchasers or prospective purchasers
171of Space Florida authority services, persons or representatives
172of firms considering or being solicited for investment in Space
173Florida authority projects, persons or representatives of firms
174considering or being solicited for location, relocation, or
175expansion of an aerospace-related a space-related business
176within the state, and business, financial, or other persons
177connected with the aerospace space industry.
178     (5)  "Complementary activity" means any space business
179incubator, space tourism activity, educational involvement in an
180incubator, or space tourism and space-related research and
181development.
182     (6)  "Conduit bond" means any bond of the authority which
183is a nonrecourse obligation of the authority payable from the
184proceeds of such bonds and related financing agreements.
185     (5)(7)  "Cost" means all costs, fees, charges, expenses,
186and amounts associated with the development of projects by Space
187Florida the authority.
188     (6)(8)  "Entertainment expenses" means the actual,
189necessary, and reasonable costs of providing hospitality for
190business clients or guests, which costs are defined and
191prescribed by rules adopted by Space Florida the authority,
192subject to approval by the Chief Financial Officer.
193     (9)  "Federal aid" means any property, funding, or other
194financial assistance provided by the Federal Government to the
195authority for its projects.
196     (7)(10)  "Financing agreement" means a lease, lease-
197purchase agreement, lease with option to purchase, sale or
198installment sale agreement, whether title passes in whole or in
199part at any time before prior to, at, or after completion of the
200project, loan agreement, or other agreement forming the basis
201for the financing under this act, including any agreements,
202guarantees, or security instruments forming part of or related
203to providing assurance of payment of the obligations under the
204such financing agreement.
205     (8)(11)  "Guest" means a person, other than a state
206official or state employee, authorized by the board or its
207designee to receive the hospitality of Space Florida the
208authority in connection with the performance of its statutory
209duties.
210     (9)(12)  "Landing area" means the geographical area
211designated by Space Florida the authority within the spaceport
212territory for or intended for the landing and surface
213maneuvering of any launch or other space vehicle.
214     (10)(13)  "Launch pad" means any launch pad, runway,
215airstrip, or similar facility used by the spaceport or spaceport
216user for launching of space vehicles.
217     (11)(14)  "Payload" means any property or cargo to be
218transported aboard any vehicle launched by or from the
219spaceport.
220     (12)(15)  "Person" means any individual, child, community
221college, college, university, firm, association, joint venture,
222partnership, estate, trust, business trust, syndicate,
223fiduciary, corporation, nation, government (federal, state, or
224local), agency (government or other), subdivision of the state,
225municipality, county, business entity, or any other group or
226combination.
227     (13)(16)  "Project" means any development, improvement,
228property, launch, utility, facility, system, works, road,
229sidewalk, enterprise, service, or convenience, which may include
230coordination with state partners or agencies Enterprise Florida,
231Inc., the Board of Education, the Florida Aerospace Finance
232Corporation, and the Florida Space Research Institute; any
233rocket, capsule, module, launch facility, assembly facility,
234operations or control facility, tracking facility,
235administrative facility, or any other type of aerospace-related
236space-related transportation vehicle, station, or facility; any
237type of equipment or instrument to be used or useful in
238connection with any of the foregoing; any type of intellectual
239property and intellectual property protection in connection with
240any of the foregoing including, without limitation, any patent,
241copyright, trademark, and service mark for, among other things,
242computer software; any water, wastewater, gas, or electric
243utility system, plant, or distribution or collection system; any
244small business incubator initiative, including any startup
245aerospace company, and any aerospace business proposing to
246expand or locate its business in this state, research and
247development company, research and development facility,
248education and workforce training facility, storage facility, and
249consulting service; or any tourism initiative, including any
250space experience attraction, microgravity flight program,
251aerospace space-launch-related activity, and space museum
252sponsored or promoted by Space Florida the authority.
253     (14)(17)  "Range" means the geographical area designated by
254Space Florida the authority or other appropriate body as the
255area for the launching of rockets, missiles, launch vehicles,
256and other vehicles designed to reach high altitude.
257     (15)(18)  "Recovery" means the recovery of space vehicles
258and payloads which have been launched from or by a the
259spaceport.
260     (16)(19)  "Spaceport" means any area of land or water, or
261any manmade object or facility located therein, developed by
262Space Florida the authority under this act, which area is
263intended for public use or for the launching, takeoff, and
264landing of spacecraft and aircraft, and includes any appurtenant
265areas which are used or intended for public use, for spaceport
266buildings, or for other spaceport facilities, spaceport
267projects, or rights-of-way.
268     (20)  "Spaceport Florida" means the authority or its
269facilities and projects.
270     (17)(21)  "Spaceport launch facilities" means shall be
271defined as industrial facilities as described in accordance with
272s. 380.0651(3)(c) and include any launch pad, launch control
273center, and fixed launch-support equipment.
274     (22)  "Spaceport system" means the programs, organizations,
275and infrastructure developed by the authority for the
276development of facilities or activities to enhance and provide
277commercial space-related development opportunities for business,
278education, and government within the state.
279     (18)(23)  "Spaceport territory" means the geographical area
280designated in s. 331.304 and as amended or changed in accordance
281with s. 331.329.
282     (19)(24)  "Spaceport user" means any person who uses the
283facilities or services of any spaceport; and, for the purposes
284of any exemptions or rights granted under this act, the said
285spaceport user shall be deemed a spaceport user only during the
286time period in which the such person has in effect a contract,
287memorandum of understanding, or agreement with the spaceport,
288and such rights and exemptions shall be granted with respect to
289transactions relating only to spaceport projects.
290     (20)(25)  "Travel expenses" means the actual, necessary,
291and reasonable costs of transportation, meals, lodging, and
292incidental expenses normally incurred by a traveler, which costs
293are defined and prescribed by rules adopted by Space Florida the
294authority, subject to approval by the Chief Financial Officer.
295     (21)(26)  "Spaceport discretionary capacity improvement
296projects" means capacity improvements that enhance space
297transportation capacity at spaceports that have had one or more
298orbital or suborbital flights during the previous calendar year
299or have an agreement in writing for installation of one or more
300regularly scheduled orbital or suborbital flights upon the
301commitment of funds for stipulated spaceport capital
302improvements.
303     Section 5.  Section 331.305, Florida Statutes, is amended
304to read:
305     331.305  Powers of Space Florida the authority.--Space
306Florida may The authority shall have the power to:
307     (1)  Exercise all powers granted to corporations under the
308Florida Business Corporation Act, chapter 607.
309     (2)  Sue and be sued by its name in any court of law or in
310equity.
311     (3)  Adopt and use a corporate seal and alter the same at
312pleasure.
313     (4)  Review and make recommendations with respect to a
314strategy to guide and facilitate the future of space-related
315educational and commercial development. The authority shall in
316coordination with the Federal Government, private industry, and
317Florida universities develop a business plan which shall address
318the expansion of Spaceport Florida locations, space launch
319capacity, spaceport projects, and complementary activities,
320which shall include, but not be limited to, a detailed analysis
321of:
322     (a)  The authority and the commercial space industry.
323     (b)  Products, services description--potential,
324technologies, skills.
325     (c)  Market research and evaluation--customers,
326competition, economics.
327     (d)  Marketing plan and strategy.
328     (e)  Design and development plan--tasks, difficulties,
329costs.
330     (f)  Manufacturing locations, facilities, and operations
331plan.
332     (g)  Management organization--roles and responsibilities.
333     (h)  Overall schedule (monthly).
334     (i)  Important risks, assumptions, and problems.
335     (j)  Community impact--economic, human development,
336community development.
337     (k)  Financial plan (monthly for first year; quarterly for
338next 3 years).
339     (l)  Proposed authority offering--financing,
340capitalization, use of funds.
341     (4)(5)  Acquire property, real, personal, intangible,
342tangible, or mixed, within or without its territorial limits, in
343fee simple or any lesser interest or estate, by purchase, gift,
344devise, or lease, on such terms and conditions as the board may
345deem necessary or desirable, and sell or otherwise dispose of
346the same and of any of the assets and properties of Space
347Florida the authority.
348     (5)(6)  Make and execute any and all contracts and other
349instruments necessary or convenient to the exercise of its
350powers, including financing agreements with persons or spaceport
351users to facilitate the financing, construction, leasing, or
352sale of any project.
353     (6)(7)  Whenever deemed necessary by the board, lease as
354lessor or lessee to or from any person, public or private, any
355facilities or property for the use of Space Florida the
356authority and carry out any of the purposes of Space Florida the
357authority.
358     (8)  Appoint, through its board of supervisors, an
359executive director.
360     (7)(9)  Own, acquire, construct, develop, create,
361reconstruct, equip, operate, maintain, extend, and improve
362launch pads, landing areas, ranges, payload assembly buildings,
363payload processing facilities, laboratories, aerospace space
364business incubators, launch vehicles, payloads, space flight
365hardware, facilities and equipment for the construction of
366payloads, space flight hardware, rockets, and other launch
367vehicles, and other spaceport facilities and other aerospace-
368related space-related systems, including educational, cultural,
369and parking facilities and aerospace-related space-related
370initiatives.
371     (8)  Insure, coinsure, lend, and guarantee loans and to
372originate for sale direct aerospace-related loans, pursuant to
373criteria, bylaws, policies, and procedures adopted by the board.
374     (9)  Capitalize, underwrite, and secure funding for
375aerospace infrastructure, satellites, launch vehicles, and any
376service that supports aerospace launches.
377     (10)  Construct, lease, or sell aerospace infrastructure,
378satellites, launch vehicles, and any other related activities
379and services.
380     (11)  Acquire, accept, or administer grants, contracts, and
381fees from other organizations to perform activities that are
382consistent with the purposes of this section.
383     (10)  Undertake a program of advertising to the public
384promoting space-related businesses or any spaceport projects of
385the authority, and expend moneys and undertake such activities
386to carry out such advertising and promotional program as the
387board from time to time may determine.
388     (12)(11)  Own, acquire, construct, reconstruct, equip,
389operate, maintain, extend, or and improve transportation
390facilities appropriate to meet the transportation requirements
391of Space Florida the authority and activities conducted within
392the spaceport territory.
393     (13)(12)  Own, acquire, construct, reconstruct, equip,
394operate, maintain, extend, or and improve electric power plants,
395transmission lines and related facilities, gas mains and
396facilities of any nature for the production or distribution of
397natural gas, transmission lines and related facilities and
398plants and facilities for the generation and transmission of
399power through traditional and new and experimental sources of
400power and energy; purchase electric power, natural gas, and
401other sources of power for distribution within any spaceport
402territory; develop and operate water and sewer systems and waste
403collection and disposal consistent with chapter 88-130, Laws of
404Florida; and develop and operate such new and experimental
405public utilities, including, but not limited to, centrally
406distributed heating and air-conditioning facilities and
407services, closed-circuit television systems, and computer
408services and facilities, as the board may from time to time
409determine. However, Space Florida may the authority shall not
410construct any system, work, project, or utility authorized to be
411constructed under this paragraph in the event that a system,
412work, project, or utility of a similar character is being
413actually operated by a municipality or private company in the
414municipality or territory adjacent thereto, unless such
415municipality or private company consents to such construction.
416     (14)(13)  Designate, set aside, and maintain lands and
417areas within or without the territorial limits of any spaceport
418territory as conservation areas or bird and wildlife
419sanctuaries; stock such areas with animal and plant life and
420stock water areas with fish and other aquatic life; adopt
421pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
422rules and regulations with respect thereto and protect and
423preserve the natural beauty thereof; and do all acts necessary
424or desirable in order to qualify such lands and areas as
425conservation areas and sanctuaries under any of the laws of the
426state or under federal law.
427     (15)(14)  Establish a program for the control, abatement,
428and elimination of mosquitoes and other noxious insects,
429rodents, reptiles, and other pests throughout the spaceport
430territory and undertake such works and construct such facilities
431within or without the spaceport territory as may be determined
432by the board to be needed to effectuate such program; abate and
433suppress mosquitoes and other arthropods, whether disease-
434bearing or pestiferous, within any spaceport territory when in
435the judgment of the board such action is necessary or desirable
436for the health and welfare of the inhabitants of or visitors to
437any spaceport; and take any and all temporary or permanent
438eliminative measures that the board may deem advisable. The
439Legislature hereby finds and declares Space Florida the
440authority eligible to receive state funds, supplies, services,
441and equipment available or that may in the future become
442available to mosquito or pest control districts, the provisions
443of s. 388.021 notwithstanding.
444     (16)(15)  Subject to the rules and regulations of the
445appropriate water management district, own, acquire, construct,
446reconstruct, equip, maintain, operate, extend, and improve water
447and flood control facilities. The Legislature hereby finds and
448declares Space Florida the authority eligible to receive moneys,
449disbursements, and assistance from the state available to flood
450control or water management districts and navigation districts
451or agencies.
452     (17)(16)  Own, acquire, construct, reconstruct, equip,
453maintain, operate, extend, and improve public safety facilities
454for the spaceport, including security stations, security
455vehicles, fire stations, water mains and plugs, and fire trucks
456and other vehicles and equipment; hire employees, security
457officers, and firefighters; and undertake such works and
458construct such facilities determined by the board to be
459necessary or desirable to promote and ensure public safety
460within the spaceport territory.
461     (18)(17)  Hire, through its president executive director, a
462safety officer with substantial experience in public safety
463procedures and programs for space vehicle launching and related
464hazardous operations. The safety officer shall monitor and
465report on the safety and hazards of ground-based space
466operations to the president executive director.
467     (18)  Establish a personnel management system for hiring
468employees and setting employee benefit packages. The personnel
469of the authority shall not be considered to be within the state
470employment system.
471     (19)  Establish procedures, rules, and rates governing per
472diem and travel expenses of its employees, the members of the
473board of supervisors, and other persons authorized by the board
474to incur such expenses. Except as otherwise provided in s.
475331.3101, such rules are subject to provisions of state law or
476rules pertaining to per diem and travel expenses of public
477officers, employees, or other persons authorized by an agency
478head to incur such expenses.
479     (19)(20)  Examine, develop, and use utilize new concepts,
480designs, and ideas; own, acquire, construct, reconstruct, equip,
481operate, maintain, extend, and improve experimental spaceport
482facilities and services; and otherwise undertake, sponsor,
483finance, and maintain such research activities, experimentation,
484and development as the board may from time to time determine, in
485connection with any of the projects that Space Florida the
486authority is authorized to undertake pursuant to the powers and
487authority vested in it by this act, and in order to promote the
488development and utilization of new concepts, designs, and ideas
489in the fields of space exploration, commercialization of the
490space industry, and spaceport facilities.
491     (20)(21)  Issue revenue bonds, assessment bonds, or any
492other bonds or obligations authorized by the provisions of this
493act or any other law, or any combination of the foregoing, and
494pay all or part of the cost of the acquisition, construction,
495reconstruction, extension, repair, improvement, or maintenance
496of any project or combination of projects, including payloads
497and space flight hardware, and equipment for research,
498development, and educational activities, to provide for any
499facility, service, or other activity of Space Florida the
500authority, and provide for the retirement or refunding of any
501bonds or obligations of Space Florida the authority, or for any
502combination of the foregoing purposes. Space Florida The
503authority must provide 14 days' notice to the presiding officers
504and appropriations chairs of both houses of the Legislature
505prior to presenting a bond proposal to the Governor and Cabinet.
506If either presiding officer or appropriations chair objects to
507the bonding proposal within the 14-day-notice period, the bond
508issuance may be approved only by a vote of three-fourths two-
509thirds of the members of the Governor and Cabinet.
510     (21)(22)  Make expenditures for entertainment and travel
511expenses and business clients, guests, and other authorized
512persons as provided in this act.
513     (22)(23)  In connection with any financing agreement, fix
514and collect fees, loan payments, rental payments, and other
515charges for the use of any project in such amount as to provide
516sufficient moneys to pay the principal of and interest on bonds
517as the same shall become due and payable, if so provided in the
518bond resolution or trust agreement, and to create reserves for
519such purposes. The fees, rents, payments, and charges and all
520other revenues and proceeds derived from the project in
521connection with which the bonds of any issue shall have been
522issued, except such part thereof as may be necessary for such
523reserves or any expenditures as may be provided in the
524resolution authorizing the issuance of the bonds or in the trust
525agreement securing the same, shall be set aside, at the time as
526may be specified in the resolution or trust agreement, in a
527sinking fund which may be pledged to and charged with the
528payment of the principal of and the interest on such bonds as
529the same shall become due and the redemption price or the
530purchase price of bonds retired by call or purchase as therein
531provided. Such pledge is shall be valid and binding from the
532time the pledge is made. The fees, rents, charges, and other
533revenues and moneys so pledged and thereafter received by or on
534behalf of Space Florida the authority shall immediately be
535subject to the lien of any such pledge without any physical
536delivery thereof or further act, and the lien of any such pledge
537is shall be valid and binding as against all parties having
538claims of any kind in tort, contract, or otherwise against Space
539Florida the authority, irrespective of whether such parties have
540notice thereof. Neither the resolution nor any trust agreement
541by which a pledge is created need be filed or recorded, except
542in the records of Space Florida the authority. The use and
543disposition of money to the credit of the sinking fund shall be
544subject to the provisions of the resolution authorizing the
545issuance of such bonds or the provisions of such trust
546agreement.
547     (24)  Exercise the right and power of eminent domain in
548spaceport territory as defined in s. 331.304. In exercising such
549power, the authority shall comply with the procedures and
550requirements of chapters 73 and 74.
551     Section 6.  Section 331.3051, Florida Statutes, is created
552to read:
553     331.3051  Duties of Space Florida.--Space Florida shall:
554     (1)  Create a business plan to foster the growth and
555development of the aerospace industry. The business plan must
556address business development; finance; spaceport operations;
557research and development; workforce development; and education.
558The business plan must be completed by March 1, 2007, and be
559revised when determined as necessary by the board.
560     (2)  Consult and coordinate to the extent possible with the
561Department of Education, the Department of Transportation,
562Enterprise Florida, Inc., the Florida Commission on Tourism and
563its direct-support organization, and Workforce Florida, Inc.,
564for the purpose of implementing this act.
565     (3)  Consult with Enterprise Florida, Inc., in developing a
566plan to retain, expand, attract, and create aerospace industry
567entities, public or private, which results in the creation of
568high-value-added businesses and jobs in this state.
569     (4)  Create a marketing campaign to help attract, develop,
570and retain aerospace businesses, aerospace research and
571technology, and other related activities in this state. The
572campaign must be coordinated with any existing economic-
573development-promotion efforts in this state and may use private
574resources. Marketing strategies may include developing
575promotional materials, Internet and print advertising, public
576relations and media placement, trade show attendance, and other
577activities.
578     (5)  Develop, with input from Enterprise Florida, Inc., and
579the Florida Commission on Tourism and its direct-support
580organization, a public advertising program promoting aerospace-
581related activities, businesses, or any Space Florida projects.
582     (6)  Develop, with input from  Enterprise Florida, Inc., a
583plan to finance aerospace businesses. The plan may include the
584following activities:
585     (a)  Assembling, publishing, and disseminating information
586concerning financing opportunities and techniques for aerospace
587projects, programs, and activities; sources of public and
588private aerospace financing assistance; and sources of
589aerospace-related financing.
590     (b)  Organizing, hosting, and participating in seminars and
591other forums designed to disseminate information and technical
592assistance regarding aerospace-related financing.
593     (c)  Coordinating with programs and goals of the Department
594of Defense, the National Aeronautics and Space Administration,
595the Export-Import Bank of the United States, the International
596Trade Administration of the United States Department of
597Commerce, the Foreign Credit Insurance Association, and other
598private and public programs and organizations, domestic and
599foreign.
600     (d)  Establishing a network of contacts among those
601domestic and foreign public and private organizations that
602provide information, technical assistance, and financial support
603to the aerospace industry.
604     (7)  Carry out its responsibilities for spaceport
605operations by:
606     (a)  Seeking federal support and developing partnerships to
607renew and upgrade the infrastructure and technologies at the
608Cape Canaveral Air Force Station, the John F. Kennedy Space
609Center, and the Eastern Range that will enhance space and
610military programs of the Federal Government, and improve access
611for commercial launch activities.
612     (b)  Supporting federal efforts to clarify roles and
613responsibilities of federal agencies, and eliminating
614duplicative federal rules and policies, in an effort to
615streamline access for commercial launch users.
616     (c)  Pursuing the development of additional commercial
617spaceports in the state through a competitive request for
618proposals in partnership with counties or municipalities, the
619Federal Government, or private entities.
620     (d)  Promoting and facilitating launch activity within the
621state by supporting and assisting commercial launch operators in
622completing and submitting required documentation and gaining
623approvals and authorization from the required federal agencies
624for launching from Florida.
625     (e)  Consulting, as necessary, with the appropriate
626federal, state, and local authorities, including the National
627Aeronautics and Space Administration, the Federal Aviation
628Administration, the Department of Defense, the Department of
629Transportation, the Florida National Guard, and industry on all
630aspects of establishing and operating spaceport infrastructure
631and related facilities within the state.
632     (8)  Carry out its responsibility for research and
633development by:
634     (a)  Contracting for the operations of the state's Space
635Life Sciences Laboratory.
636     (b)  Working in collaboration with one or more universities
637and other public or private entities to develop a proposal for a
638Center of Excellence for Aerospace that will foster and promote
639the research necessary to develop commercially promising,
640advanced, and innovative science and technology and will
641transfer those discoveries to the commercial sector.
642     (9)  Carry out its responsibility for workforce
643development, with input from Workforce Florida, Inc., community
644colleges, colleges, public and private universities, and other
645public and private partners to develop a plan to retain, train,
646and retrain workers, from entry-level skills training through to
647technician-level, and 4-year degrees and higher, with the skills
648most relevant to aerospace employers.
649     (10)  Carry out its responsibility for creating innovative
650education programs by funding programs developed in conjunction
651with the Department of Education that target grades K-20 in an
652effort to promote mathematics and science education programs,
653which may include the Florida-NASA Matching Grant Program,
654aerospace-focused education programs for teachers, education-
655oriented microgravity flight programs for teachers and students,
656and Internet-based aerospace education. Funds collected pursuant
657to s. 212.20(6)(d) and any in-kind or private-sector
658contribution may be used to carry out innovative education
659programs. In its annual report, Space Florida shall include, at
660a minimum, a description of programs funded, the number of
661students served, and private-sector support.
662     (11)  Annually report on its performance with respect to
663its business plan, to include finance, spaceport operations,
664research and development, workforce development, and education.
665The report shall be submitted to the Governor, the President of
666the Senate, and the Speaker of the House of Representatives no
667later than September 1 for the prior fiscal year.
668     Section 7.  Section 331.306, Florida Statutes, is amended
669to read:
670     331.306  Federal airspace notification.--In coordination
671with the Florida Department of Transportation, Space Florida the
672authority shall develop and file the federal airspace
673notification required for priority airspace use.
674     Section 8.  Section 331.308, Florida Statutes, is amended
675to read:
676     331.308  Board of directors supervisors.--
677     (1)  Space Florida shall be governed by a board of
678directors. Designees of appointed members do not have voting
679authority. The board of directors shall consist of the following
680members:
681     (a)  The Governor or the Governor's designee.
682     (b)  The Secretary of Transportation or the secretary's
683designee.
684     (c)  The president of Workforce Florida, Inc., or the
685president's designee.
686     (d)  The president of Enterprise Florida, Inc., or the
687president's designee.
688     (e)  The president of the direct-support organization of
689the Florida Commission on Tourism or the president's designee.
690     (f)  The Commissioner of Education or the commissioner's
691designee.
692     (g)  Eight members from the private sector, one of whom
693shall be a representative of organized labor, appointed by the
694Governor. In making these appointments, the Governor shall
695ensure that the composition of the board reflects the diversity
696of the aerospace industry community of this state and, to the
697greatest degree possible, that the composition of the board
698includes, but is not limited to, individuals representing the
699industries of business, finance, marketing, space, aerospace,
700aviation, defense, research and development, and education. The
701Governor shall also consider whether the current members of the
702board, together with potential appointees, reflect the racial,
703ethnic, and gender diversity, as well as the geographic
704distribution, of the population of the state.
705     (h)  Two ex officio, nonvoting members, one of whom shall
706be a member of the Senate, selected by the President of the
707Senate, and one of whom shall be a member of the House of
708Representatives, selected by the Speaker of the House of
709Representatives.
710     (i)  Six members from the private sector, three of whom
711shall be appointed by the President of the Senate and three of
712whom shall be appointed by the Speaker of the House of
713Representatives.
714     (2)(a)  Vacancies on the board shall be filled for the
715unexpired term in the same manner as the original appointments
716to the board.
717     (b)  Each member of the board of directors shall serve for
718a term of 4 years, except that the initial terms shall be
719staggered.
720     1.  The Governor shall appoint two members for a 1-year
721term, two members for 2-year terms, and three members for 4-year
722terms.
723     2.  The President of the Senate and the Speaker of the
724House of Representatives shall each appoint one member for a 1-
725year term, one member for a 2-year term, and one member for a 4-
726year term.
727     (c)  Any member is eligible for reappointment.
728     (3)  Appointed members may be removed by the Governor for
729cause. Absence from three consecutive meetings without good
730cause shall result in automatic removal.
731     (4)  All private sector members are subject to confirmation
732by the Senate at the next regular session of the Legislature.
733     (5)  The Governor shall serve as chair of the board of
734directors. The board of directors shall biennially elect one of
735its private sector members as vice chair to serve in the absence
736of the Governor and to perform such other duties as may be
737designated. The president shall keep a record of the proceedings
738of the board of directors and shall be the custodian of all
739books, documents, and papers filed with the board of directors,
740the minutes of the board of directors, and the official seal of
741Space Florida.
742     (6)  The board of directors shall meet at least four times
743each year, upon the call of the chair, at the request of the
744vice chair, or at the request of a majority of the membership. A
745majority of the total number of current voting directors shall
746constitute a quorum. The board of directors may take official
747action by a majority vote of the members present at any meeting
748at which a quorum is present.
749     (7)  Members of the board of directors shall serve without
750compensation, but members, the president, and staff may be
751reimbursed for all reasonable, necessary, and actual expenses,
752as determined by the board of directors of Space Florida
753pursuant to s. 112.061.
754     (8)  Each member of the board of directors of Space Florida
755who is not otherwise required to file financial disclosure
756pursuant to s. 8, Art. II of the State Constitution or s.
757112.3144, shall file disclosure of financial interests pursuant
758to s. 112.3145.
759     (9)  Each member of the board of directors of Space Florida
760must be a resident of this state. There is created within the
761Florida Space Authority a board of supervisors consisting of
762eight regular members, who shall be appointed by the Governor,
763and two ex officio nonvoting members, one of whom shall be a
764state senator selected by the President of the Senate and one of
765whom shall be a state representative selected by the Speaker of
766the House of Representatives. The Lieutenant Governor, who is
767the state's space policy leader, shall serve as chair of the
768board of supervisors, and shall cast the deciding vote if the
769votes of the eight regular members result in a tie. The board
770shall elect a vice chair to preside in the absence of the
771Lieutenant Governor and to perform such other duties as may be
772designated. All regular members shall be subject to confirmation
773by the Senate at the next regular session of the Legislature.
774Existing board members are not prohibited from reappointment.
775Each of the regular board members must be a resident of the
776state and must have experience in the aerospace or commercial
777space industry or in finance or have other significant relevant
778experience. A private sector legal entity may not have more than
779one person serving on the board at any one time. One regular
780member shall represent organized labor interests, one regular
781member shall represent minority interests, and four regular
782members must represent space industry, at least one of whom must
783also be from a small business, as defined in s. 288.703. For the
784purpose of this section, "space industry" includes private
785sector entities engaged in space flight business, as defined in
786s. 212.031, research and technology development of space-based
787products and services, space station commercialization,
788development of spaceport and range technology, remote sensing
789products and services, space biotechnology, measurement and
790calibration of space assets, space-related software and
791information technology development, design and architecture of
792space-based assets and facilities for manufacturing and other
793purposes, space-related nanotechnology, space tourism, and other
794commercial enterprises utilizing uniquely space-based
795capabilities.
796     (2)  Each regular member shall serve a term of 4 years or
797until a successor is appointed and qualified. The term of each
798such member shall be construed to commence on the date of
799appointment and to terminate on June 30 of the year of the end
800of the term. Appointment to the board shall not preclude any
801such member from holding any other private or public position.
802     (3)  The ex officio nonvoting legislative members shall
803serve on the board for 2-year terms.
804     (4)  Any vacancy on the board shall be filled for the
805balance of the unexpired term.
806     (5)  The board shall appoint an executive director.
807Meetings shall be held quarterly or more frequently at the call
808of the chair. A majority of the regular members of the board
809shall constitute a quorum, and a majority vote of such members
810present is necessary for any action taken by the board.
811     (6)  The Governor has the authority to remove from the
812board any regular member in the manner and for cause as defined
813by the laws of this state and applicable to situations that may
814arise before the board. Unless excused by the chair of the
815board, a regular member's absence from two or more consecutive
816board meetings creates a vacancy in the office to which the
817member was appointed.
818     Section 9.  Section 331.309, Florida Statutes, is amended
819to read:
820     331.309  Treasurer; depositories; fiscal agent.--
821     (1)  The board shall designate an individual who is a
822resident of the state, or a qualified public depository as
823defined in s. 280.02, as treasurer of Space Florida the
824authority, who shall have charge of the funds of Space Florida
825the authority. Such funds shall be disbursed only upon the order
826of or pursuant to the resolution of the board by warrant, check,
827authorization, or direct deposit pursuant to s. 215.85, signed
828or authorized by the treasurer or his or her representative or
829by such other persons as may be authorized by the board. The
830board may give the treasurer such other or additional powers and
831duties as the board may deem appropriate and shall establish the
832treasurer's compensation. The board may require the treasurer to
833give a bond in such amount, on such terms, and with such
834sureties as may be deemed satisfactory to the board to secure
835the performance by the treasurer of his or her powers and
836duties. The board shall audit or have audited the books of the
837treasurer at least once a year.
838     (2)  The board is authorized to select as depositories in
839which the funds of the board and of Space Florida the authority
840shall be deposited any qualified public depository as defined in
841s. 280.02, upon such terms and conditions as to the payment of
842interest by such depository upon the funds so deposited as the
843board may deem just and reasonable. Funds of the authority may
844also be deposited with the Florida Commercial Space Financing
845Corporation created by s. 331.407. The funds of Space Florida
846the authority may be kept in or removed from the State Treasury
847upon written notification from the chair of the board to the
848Chief Financial Officer.
849     (3)  The board may employ a fiscal agent, who shall be
850either a resident of the state or a corporation organized under
851the laws of this or any other state and authorized by such laws
852to act as such fiscal agent in the state.
853     Section 10.  Section 331.310, Florida Statutes, is amended
854to read:
855     331.310  Powers and duties of the board of directors
856supervisors.--Except as otherwise provided in this act, all of
857the powers and duties of the authority shall be exercised by and
858through the board of supervisors, including the power and duty
859to:
860     (1)  The board of directors may: Adopt bylaws, rules,
861resolutions, and orders prescribing the powers, duties, and
862functions of the officers of the authority, the conduct of the
863business of the authority, the maintenance of records, and the
864form of all documents and records of the authority. The board
865may adopt administrative rules and regulations with respect to
866any of the projects of the authority, with notice and public
867hearing.
868     (2)  Maintain an executive office and authority offices in
869close proximity to Kennedy Space Center.
870     (a)(3)  Enter, and authorize any agent or employee of Space
871Florida the authority to enter, upon any lands, waters, and
872premises, upon giving reasonable notice and due process to the
873land owner, for the purposes of making surveys, soundings,
874drillings, appraisals, and examinations necessary to perform its
875duties and functions. Any such entry shall not be deemed a
876trespass or an entry that would constitute a taking in an
877eminent domain proceeding. Space Florida The authority shall
878make reimbursement for any actual damages to such lands, waters,
879and premises as a result of such activity.
880     (b)(4)  Execute all contracts and other documents, adopt
881all proceedings, and perform all acts determined by the board to
882be necessary or desirable to carry out the purposes of this act.
883The board may authorize one or more members of the board to
884execute contracts and other documents on behalf of the board or
885Space Florida the authority.
886     (c)(5)  Establish and create such departments, committees,
887or other entities agencies as from time to time the board may
888deem necessary or desirable in the performance of any acts or
889other things necessary to the exercise of the powers provided in
890this act, and delegate to such departments, boards, or other
891agencies such administrative duties and other powers as the
892board may deem necessary or desirable.
893     (6)  Appoint a person to act as executive director of the
894authority, having such official title, functions, duties,
895powers, and salary as the board may prescribe.
896     (d)(7)  Examine, and authorize any officer or agent of
897Space Florida the authority to examine, the county tax rolls
898with respect to the assessed valuation of the real and personal
899property within any spaceport territory.
900     (e)(8)  Engage in the planning and implementation of space-
901related economic and educational development within the state.
902     (f)  Provide the strategic direction for the aerospace-
903related research priorities of the state and its aerospace-
904related businesses, the scope of research projects for Space
905Florida, and the timeframe for completion of the projects.
906     (g)(9)  Execute intergovernmental agreements and
907development agreements consistent with prevailing statutory
908provisions, including, but not limited to, special benefits or
909tax increment financing initiatives.
910     (h)  Finance aerospace business development projects or
911initiatives using the funds collected pursuant to s.
912212.20(6)(d).
913     (i)(10)  Establish reserve funds for future board
914operations.
915     (j)(11)  Adopt rules pursuant to chapter 120 to carry out
916the purposes of this act.
917     (2)  The board of directors shall:
918     (a)  Adopt bylaws, rules, resolutions, and orders
919prescribing the powers, duties, and functions of Space Florida
920to conduct the business of Space Florida, the maintenance of
921records, and the form of all documents and records of Space
922Florida. The board may adopt rules with respect to any of the
923projects of Space Florida with notice and a public hearing.
924     (b)  Maintain an executive office and Space Florida offices
925in close proximity to the John F. Kennedy Space Center.
926     (c)  Appoint a person to act as the president of Space
927Florida, having such official title, functions, duties, powers,
928and salary as the board may prescribe.
929     (d)(12)  Abide by all applicable federal labor laws in the
930construction and day-to-day operations of Space Florida the
931authority and any spaceport. Further, the board shall establish,
932by rule and regulation, pursuant to chapter 120, policies and
933procedures for the construction and operation of Space Florida
934the authority and any spaceport. The Said policies and
935procedures shall be such that when Space Florida the authority
936expends federal funds for construction or operation of any
937spaceport project, Space Florida the authority will be subject
938to the federal labor laws observed at the Kennedy Space Center
939and Cape Canaveral Air Force Station, Florida, applicable as a
940result of such federal expenditures.
941     (e)(13)  Prepare an annual report of operations. The Said
942report shall include, but not be limited to, a balance sheet, an
943income statement, a statement of changes in financial position,
944a reconciliation of changes in equity accounts, a summary of
945significant accounting principles, the auditor's report, a
946summary of the status of existing and proposed bonding projects,
947comments from management about the year's business, and
948prospects for the next year, which shall be submitted each year
949by December 31 November 30 to the Governor, the President of the
950Senate, the Speaker of the House of Representatives, the
951minority leader of the Senate, and the minority leader of the
952House of Representatives.
953     (f)  Establish a personnel management system for hiring
954employees and establishing employee's benefit packages.
955Personnel of Space Florida are not state employees.
956     (14)  Change the name of the authority.
957     Section 11.  Section 331.3101, Florida Statutes, is amended
958to read:
959     331.3101  Space Florida Space Authority; travel and
960entertainment expenses.--
961     (1)  Notwithstanding the provisions of s. 112.061, Space
962Florida the authority shall adopt rules by which it may make
963expenditures by advancement or reimbursement, or a combination
964thereof, to Space Florida authority officers and employees;
965reimburse business clients, guests, and authorized persons as
966defined in s. 112.061(2)(e); and make direct payments to third-
967party vendors:
968     (a)  For travel expenses of such business clients, guests,
969and authorized persons incurred by Space Florida the authority
970in connection with the performance of its statutory duties, and
971for travel expenses incurred by state officials and state
972employees while accompanying such business clients, guests, or
973authorized persons or when authorized by the board or its
974designee.
975     (b)  For entertainment expenses of such guests, business
976clients, and authorized persons incurred by Space Florida the
977authority in connection with the performance of its statutory
978duties, and for entertainment expenses incurred for Space
979Florida authority officials and employees when such expenses are
980incurred while in the physical presence of such business
981clients, guests, or authorized persons.
982     (2)  The rules shall be subject to approval by the Chief
983Financial Officer before adoption prior to promulgation. The
984rules shall require the submission of paid receipts, or other
985proof prescribed by the Chief Financial Officer, with any claim
986for reimbursement, and shall require, as a condition for any
987advancement, an agreement to submit paid receipts or other proof
988and to refund any unused portion of the advancement within 15
989days after the expense is incurred or, if the advancement is
990made in connection with travel, within 15 days after completion
991of the travel. However, with respect to an advancement made
992solely for travel expenses, the rules may allow paid receipts or
993other proof to be submitted, and any unused portion of the
994advancement to be refunded, within 30 days after completion of
995the travel.
996     (3)  An annual report shall be made to the Legislature not
997later than September 1 November 30 of each year for the previous
998fiscal year, which shall consist of a synopsis concisely
999summarizing all travel, entertainment, and incidental expenses
1000incurred within the United States and, separately, all travel,
1001entertainment, and incidental expenses incurred outside the
1002United States.
1003     (4)  A No claim submitted under this section is not shall
1004be required to be sworn to before a notary public or other
1005officer authorized to administer oaths, but any claim authorized
1006or required to be made under any provision of this section must
1007shall contain a statement that the expenses were actually
1008incurred as necessary travel or entertainment expenses in the
1009performance of official duties of Space Florida the authority
1010and shall be verified by written declaration that it is true and
1011correct as to every material matter. Any person who willfully
1012makes and subscribes to any such claim which the person does not
1013believe to be true and correct as to every material matter or
1014who willfully aids or assists in, or procures, counsels, or
1015advises, the preparation or presentation of a claim pursuant to
1016this section, which claim is fraudulent or false as to any
1017material matter, whether or not such falsity or fraud is with
1018the knowledge or consent of the person authorized or required to
1019present such claim, commits a misdemeanor of the second degree,
1020punishable as provided in s. 775.082 or s. 775.083. Whoever
1021receives an advancement or reimbursement by means of a false
1022claim is civilly liable, in the amount of the overpayment, for
1023the reimbursement of the public fund from which the claim was
1024paid.
1025     Section 12.  Section 331.311, Florida Statutes, is amended
1026to read:
1027     331.311  Exercise by Space Florida authority of its powers
1028within municipalities and other political subdivisions.--Space
1029Florida may The authority shall have the power to exercise any
1030of its rights, powers, privileges, and authority in any and all
1031portions of any spaceport territory lying within the boundaries
1032of any municipal corporation or other political subdivision,
1033heretofore or hereafter created or organized, whose boundaries
1034lie wholly or partly within the geographical limits of the
1035spaceport territory, to the same extent and in the same manner
1036as in areas of the spaceport territory not incorporated as part
1037of a municipality or other political subdivision. With respect
1038to any municipal corporation or other political subdivision
1039whose boundaries lie partly within and partly without the
1040geographical limits of the spaceport territory, Space Florida
1041may the authority shall have the power to exercise its rights,
1042powers, privileges, and authority only within the portion of the
1043such municipal corporation or other political subdivision lying
1044within the boundaries of the spaceport territory.
1045     Section 13.  Section 331.312, Florida Statutes, is amended
1046to read:
1047     331.312  Furnishing facilities and services within the
1048spaceport territory.--Space Florida may The authority shall have
1049the power to construct, develop, create, maintain, and operate
1050its projects within the geographical limits of the spaceport
1051territory, including any portions of the spaceport territory
1052located inside the boundaries of any incorporated municipality
1053or other political subdivision, and to offer, supply, and
1054furnish the facilities and services provided for in this act to,
1055and to establish and collect fees, rentals, and other charges
1056from, persons, public or private, within the geographical limits
1057of the spaceport territory and for the use of Space Florida the
1058authority itself.
1059     Section 14.  Section 331.313, Florida Statutes, is amended
1060to read:
1061     331.313  Power of Space Florida the authority with respect
1062to roads.--Within the territorial limits of any spaceport
1063territory, Space Florida may the authority has the right to
1064acquire, through purchase or interagency agreement, or as
1065otherwise provided in law, and to construct, control, and
1066maintain, roads deemed necessary by Space Florida the authority
1067and connections thereto and extensions thereof now or hereafter
1068acquired, constructed, or maintained in accordance with
1069established highway safety standards; provided that, in the
1070event a road being addressed by Space Florida the authority is
1071owned by another agency or jurisdiction, Space Florida the
1072authority, before prior to proceeding with the proposed project
1073or work activity, shall have either coordinated the desired work
1074with the owning agency or jurisdiction or shall have
1075successfully executed an interagency agreement with the owning
1076agency or jurisdiction.
1077     Section 15.  Section 331.315, Florida Statutes, is amended
1078to read:
1079     331.315  Maintenance of projects across rights-of-
1080way.--Space Florida may The authority shall have the right to
1081construct and operate its projects in, along, or under any
1082streets, alleys, highways, or other public places or ways, and
1083across any drain, ditch, canal, floodway, holding basin,
1084excavation, railroad right-of-way, track, grade, fill, or cut;
1085provided, however, Space Florida shall pay that just
1086compensation, including fees, shall be paid by the authority for
1087any damages arising from or private property taken by the
1088exercise of such power.
1089     Section 16.  Section 331.316, Florida Statutes, is amended
1090to read:
1091     331.316  Rates, fees, rentals, tolls, fares, and charges;
1092procedure for adoption and modification; minimum revenue
1093requirements.--
1094     (1)  To recover the costs of the spaceport facility or
1095system, Space Florida may the authority shall have the power to
1096prescribe, fix, establish, and collect rates, fees, rentals,
1097tolls, fares, or other charges (hereinafter referred to as
1098"revenues"), and to revise the same from time to time, for the
1099facilities and services furnished or to be furnished by Space
1100Florida the authority and the spaceport, including, but not
1101limited to, launch pads, ranges, payload assembly and processing
1102facilities, visitor and tourist facilities, transportation
1103facilities, and parking and other related facilities, and may
1104shall have the power to provide for reasonable penalties against
1105any user or property for any such rates, fees, rentals, tolls,
1106fares, or other charges that are delinquent.
1107     (2)  The board may shall have the power to enter into
1108contracts for the use of the projects of Space Florida the
1109authority and for the services and facilities furnished or to be
1110furnished by Space Florida the authority, including, but not
1111limited to, launch services, payload assembly and processing,
1112and other aerospace-related space-related services, for such
1113consideration and on such other terms and conditions as the
1114board may approve. Such contracts, and revenues or service
1115charges received or to be received by Space Florida the
1116authority thereunder, may be pledged as security for any of the
1117bonds of Space Florida the authority.
1118     Section 17.  Section 331.317, Florida Statutes, is amended
1119to read:
1120     331.317  Recovery of delinquent charges.--In the event that
1121any of the rates, fees, rentals, tolls, fares, other charges, or
1122delinquent penalties shall not be paid as and when due and shall
1123be in default for 30 days or more, the unpaid balance thereof
1124and all interest accrued thereon, together with attorney's fees
1125and costs, may be recovered by Space Florida the authority in a
1126civil action.
1127     Section 18.  Section 331.318, Florida Statutes, is amended
1128to read:
1129     331.318  Discontinuance of service.--In the event that the
1130rates, fees, rentals, tolls, fares, or other charges for the
1131services and facilities of any project are not paid when due,
1132the board may shall have the power to discontinue and shut off
1133the same until such rates, fees, rentals, tolls, fares, or other
1134charges, including interest, penalties, and charges for the
1135shutting off and discontinuance and the restoration of such
1136services and facilities, are fully paid. Such delinquent rates,
1137fees, rentals, tolls, fares, or other charges, together with
1138interest, penalties, and charges for the shutting off and
1139discontinuance and the restoration of such services and
1140facilities, and reasonable attorney's fees and other expenses,
1141may be recovered by Space Florida the authority by suit in any
1142court of competent jurisdiction. Space Florida The authority may
1143also enforce payment of such delinquent rates, fees, rentals,
1144tolls, fares, or other charges by any other lawful method of
1145enforcement.
1146     Section 19.  Section 331.319, Florida Statutes, is amended
1147to read:
1148     331.319  Comprehensive planning; building and safety
1149codes.--The board of directors may supervisors shall have the
1150power to:
1151     (1)  Adopt, and from time to time review, amend,
1152supplement, or repeal, a comprehensive general plan for the
1153physical development of the area within the spaceport territory
1154in accordance with the objectives and purposes of this act and
1155consistent with the comprehensive plans of the applicable county
1156or counties and municipality or municipalities adopted pursuant
1157to the Local Government Comprehensive Planning and Land
1158Development Regulation Act, part II of chapter 163.
1159     (2)  Prohibit within the spaceport territory the
1160construction, alteration, repair, removal, or demolition, or the
1161commencement of the construction, alteration, repair (except
1162emergency repairs), removal, or demolition, of any building or
1163structure, including, but not by way of limitation, public
1164utility poles, lines, pipes, and facilities, without first
1165obtaining a permit from the board or such other officer or
1166agency as the board may designate, and to prescribe the
1167procedure with respect to the obtaining of such permit.
1168     Section 20.  Section 331.320, Florida Statutes, is amended
1169to read:
1170     331.320  Additional powers of board.--The board of
1171directors may shall have the power within any spaceport
1172territory to:
1173     (1)  Adopt regulations to prohibit or control the pollution
1174of air and water, and require certain location and placement of
1175electrical power, telephone, and other utility lines, cables,
1176pipes, and ducts.
1177     (2)  Divide the spaceport territory into zones or districts
1178of such number, shape, and area as the board may deem best
1179suited to carry out the purposes of this act, and within and for
1180each such district make regulations and restrictions as provided
1181for in subsection (1).
1182     Section 21.  Section 331.321, Florida Statutes, is amended
1183to read:
1184     331.321  Federal and other funds and aid.--Space Florida
1185may The authority is authorized to accept, receive, and receipt
1186for federal moneys, property, and other moneys or properties,
1187either public or private, for the acquisition, planning,
1188operation, construction, enlargement, improvement, maintenance,
1189equipment, or development of programs, facilities, and sites
1190therefor, and to comply with the provisions of the laws of the
1191United States and any rules and regulations made thereunder for
1192the expenditure of federal moneys.
1193     Section 22.  Section 331.322, Florida Statutes, is amended
1194to read:
1195     331.322  Agreements with municipalities within any
1196spaceport territory.--The board of directors and the governing
1197body or bodies of any one or more municipalities located wholly
1198or partly within any spaceport territory, whether now in
1199existence or hereafter created, may are authorized to enter into
1200and carry into effect contracts and agreements relating to the
1201common powers, duties, and functions of the board and other
1202officers, agents, and employees of Space Florida the authority,
1203and the respective governing body or bodies of one or more such
1204municipalities, and their respective officers, agents, and
1205employees, to the end that there may be effective cooperation
1206between and coordination of the efforts of such municipality or
1207municipalities and Space Florida the authority in discharging
1208their common functions, powers, and duties and in rendering
1209services to the respective residents and property owners of such
1210municipality or municipalities and Space Florida the authority.
1211The board and the governing body or bodies of one or more such
1212municipalities are further authorized to enter into and carry
1213into effect contracts and agreements for the performance of any
1214of their common functions, powers, and duties by a central
1215agency or common agent of the contracting parties.
1216     Section 23.  Section 331.323, Florida Statutes, is amended
1217to read:
1218     331.323  Cooperative agreements with the state, counties,
1219and municipalities.--
1220     (1)  The state and the counties, municipalities, and other
1221political subdivisions, public bodies, and agencies thereof, or
1222any of them, whether now existing or hereafter created, are
1223authorized to aid and cooperate with Space Florida the authority
1224in carrying out any of the purposes and projects of Space
1225Florida the authority, to enter into cooperative agreements with
1226Space Florida the authority, to provide in any such cooperative
1227agreement for the making of loans, gifts, grants, or
1228contributions to Space Florida the authority and the granting
1229and conveyance to Space Florida the authority of real or
1230personal property of any kind or nature, or any interest
1231therein, for the carrying out of the purpose and projects of
1232Space Florida the authority; to covenant in any such cooperative
1233agreement to pay all or any part of the costs of acquisition,
1234planning, development, construction, reconstruction, extension,
1235improvement, operation, and maintenance of any projects of Space
1236Florida the authority; and to pay all or any part of the
1237principal and interest on any bonds of Space Florida the
1238authority.
1239     (2)  The state and the counties, municipalities, and other
1240political subdivisions, public bodies, and agencies thereof, or
1241any of them, whether now existing or hereafter created, and
1242Space Florida the authority created by this act, are further
1243authorized to enter into cooperative agreements to provide for
1244the furnishing by Space Florida the authority to the state or
1245any county, municipality, or other political subdivision, public
1246body, or agency thereof of any of the facilities and services of
1247Space Florida the authority, or by the state or any county,
1248municipality, or other political subdivision, public body, or
1249agency thereof to Space Florida the authority and to persons
1250within the spaceport territory of facilities and services of the
1251type that Space Florida the authority is authorized to furnish
1252or undertake, or such other facilities and services as may be
1253determined necessary or desirable by the board for the carrying
1254out of the purposes of this act. Without limitation of the
1255foregoing, such cooperative agreements may provide for the
1256furnishing by any county, municipality, or other political
1257subdivision of fire and police protection for Space Florida the
1258authority and persons and property within Space Florida the
1259authority, and for the providing to Space Florida the authority
1260of any services deemed necessary or desirable by the board for
1261the proper functioning of Space Florida the authority.
1262     (3)  Without limitation of the foregoing, the board may
1263undertake and finance any of the projects of Space Florida the
1264authority, in whole or in part, jointly with any municipality or
1265municipalities, now existing or hereafter created, or in any
1266other manner combine the projects of Space Florida the authority
1267with the projects of such municipality or municipalities.
1268     (4)  Any agreement of the type authorized by this section
1269may be made and entered into under pursuant to this act for such
1270time or times, not exceeding 40 years.
1271     Section 24.  Section 331.324, Florida Statutes, is amended
1272to read:
1273     331.324  Contracts, grants, and contributions.--Space
1274Florida may The authority shall have the power to make and enter
1275all contracts and agreements necessary or incidental to the
1276performance of the functions of Space Florida the authority and
1277the execution of its powers, and to contract with, and to accept
1278and receive grants or loans of money, material, or property
1279from, any person, private or public, as the board shall
1280determine to be necessary or desirable to carry out the purposes
1281of this act, and in connection with any such contract, grant, or
1282loan to stipulate and agree to such covenants, terms, and
1283conditions as the board shall deem appropriate.
1284     Section 25.  Section 331.325, Florida Statutes, is amended
1285to read:
1286     331.325  Environmental permits.--Space Florida The
1287authority shall obtain required environmental permits in
1288accordance with federal and state law and shall comply with the
1289provisions of chapter 380.
1290     Section 26.  Section 331.326, Florida Statutes, is amended
1291to read:
1292     331.326  Information relating to trade secrets
1293confidential.--The records of Space Florida the authority
1294regarding matters encompassed by this act are public records
1295subject to the provisions of chapter 119. Any information held
1296by Space Florida the authority which is a trade secret, as
1297defined in s. 812.081, including trade secrets of Space Florida
1298the authority, any spaceport user, or the space industry
1299business, is confidential and exempt from the provisions of s.
1300119.07(1) and s. 24(a), Art. I of the State Constitution and may
1301not be disclosed. If Space Florida the authority determines that
1302any information requested by the public will reveal a trade
1303secret, it shall, in writing, inform the person making the
1304request of that determination. The determination is a final
1305order as defined in s. 120.52. Any meeting or portion of a
1306meeting of Space Florida's the authority's board of supervisors
1307is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1308of the State Constitution when the board is discussing trade
1309secrets. Any public record generated during the closed portions
1310of the such meetings, such as minutes, tape recordings, and
1311notes, is confidential and exempt from the provisions of s.
1312119.07(1) and s. 24(a), Art. I of the State Constitution.
1313     Section 27.  Section 331.327, Florida Statutes, is amended
1314to read:
1315     331.327  Foreign trade zone.--Space Florida may The
1316authority shall have the power to apply to the Federal
1317Government for a grant allowing the designation of any spaceport
1318territory as a foreign trade zone pursuant to ss. 288.36 and
1319288.37. However, the designation of any spaceport territory as a
1320foreign trade zone does shall not be deemed to authorize an
1321exemption from any tax imposed by the state or by any political
1322subdivision, agency, or instrumentality thereof.
1323     Section 28.  Section 331.328, Florida Statutes, is amended
1324to read:
1325     331.328  Sovereign immunity.--Space Florida The authority
1326shall be granted sovereign immunity in the same manner as the
1327state under the laws and Constitution of the State of Florida.
1328The state, by this section, hereby waives the sovereign immunity
1329granted to the same extent as waived by the state under state
1330law.
1331     Section 29.  Section 331.329, Florida Statutes, is amended
1332to read:
1333     331.329  Changing boundary lines; annexation and exclusion
1334of lands; creation of municipalities within the geographical
1335limits of any spaceport territory; limitations on the furnishing
1336of services within annexed areas.--
1337     (1)  The board of directors may at any time strike out or
1338correct the description of any land within or claimed to be
1339within the boundary lines of any spaceport territory upon the
1340written consent of the owners of all the land that would be
1341included or excluded from the boundary lines of any spaceport
1342territory or otherwise affected by the taking of such action,
1343and of the owners of not less than the majority in acreage of
1344all lands within any spaceport territory.
1345     (a)  The board may enlarge the geographical limits of any
1346spaceport territory to include any lands not then within any
1347spaceport territory:
1348     1.  Upon the written consent of the owners of all the land
1349to be included in any spaceport territory and of the owners of
1350not less than a majority in acreage of all the land then within
1351any spaceport territory; or
1352     2.  By resolution of the board approved at a special
1353election called for such purpose, by vote of a majority of
1354freeholders residing within the area to be annexed and a
1355majority of freeholders residing within any spaceport territory.
1356     (b)  The board of directors may contract the geographical
1357limits of any spaceport territory so as to exclude from any
1358spaceport territory any land then within any spaceport
1359territory:
1360     1.  Upon the written consent of the owners of all the land
1361to be so excluded and of the owners of not less than a majority
1362in acreage of all the land then within any spaceport territory;
1363or
1364     2.  By resolution of the board approved at a special
1365election called for such purpose, by vote of a majority of
1366freeholders residing within the area to be excluded and a
1367majority of the freeholders residing within any spaceport
1368territory.
1369     (2)  Land, including property situated thereon, added to
1370any spaceport territory in the manner provided in subsection (1)
1371shall from the time of its inclusion within such spaceport
1372territory be subject to all assessments thereafter levied and
1373assessed on all other land or property of any spaceport
1374territory similarly situated. Land, including property situated
1375thereon, excluded from any spaceport territory in the manner
1376provided in subsection (1) shall from the date of such exclusion
1377be exempt from assessments thereafter imposed by Space Florida
1378the authority but shall not be exempt from assessments
1379theretofore levied or due with respect to such land or property,
1380or from subsequent installments of assessments theretofore
1381levied or assessed with respect thereto, and such assessments
1382may be enforced and collected by or on behalf of Space Florida
1383the authority in the same manner as if such land or property
1384continued to be within the geographical limits of any spaceport
1385territory.
1386     (3)  In the event that the geographical limits of any
1387spaceport territory as set forth in s. 331.304 are revised so as
1388to include within any spaceport territory any areas not
1389presently contained within any spaceport territory, Space
1390Florida may the authority shall not engage in the business of
1391furnishing electric power for sale in such annexed area, unless
1392Space Florida the authority shall offer to purchase from any
1393person who is at the time engaged in the business of making,
1394generating, or distributing electricity for sale within such
1395annexed area, such portion of its electric plant and property
1396suitable and used for such business in connection therewith as
1397lies within the limits of such annexed area, in a manner
1398consistent with law.
1399     (4)  Space Florida The authority shall designate new launch
1400pads outside the present designated spaceport territories by
1401statutory amendment of s. 331.304.
1402     Section 30.  Section 331.331, Florida Statutes, is amended
1403to read:
1404     331.331  Revenue bonds.--
1405     (1)  Revenue bonds issued by Space Florida the authority
1406shall not be deemed revenue bonds issued by the state or its
1407agencies for purposes of s. 11, Art. VII of the State
1408Constitution and ss. 215.57-215.83. Space Florida The authority
1409shall include in its annual report to the Governor and
1410Legislature, as provided in s. 331.310, a summary of the status
1411of existing and proposed bonding projects.
1412     (2)  The issuance of revenue bonds may be secured by or
1413payable from the gross or net pledge of the revenues to be
1414derived from any project or combination of projects, from the
1415rates, fees, rentals, tolls, fares, or other charges to be
1416collected from the users of any project or projects; from any
1417revenue-producing undertaking or activity of Space Florida the
1418authority; or from any source of pledged security. Such bonds
1419shall not constitute an indebtedness of Space Florida the
1420authority unless such bonds are additionally secured by the full
1421faith and credit of Space Florida the authority. Bonds issued by
1422Space Florida the authority are not secured by the full faith
1423and credit of the State of Florida and do not constitute an
1424obligation, either general or special, thereof.
1425     (3)  Any two or more projects may be combined and
1426consolidated into a single project, and may thereafter be
1427operated and maintained as a single project. The revenue bonds
1428authorized herein may be issued to finance any one or more such
1429projects separately, or to finance two or more such projects,
1430regardless whether or not such projects have been combined and
1431consolidated into a single project. If the board deems it
1432advisable, the proceedings authorizing such revenue bonds may
1433provide that Space Florida the authority may thereafter combine
1434the projects then being financed or theretofore financed with
1435other projects to be subsequently financed by Space Florida the
1436authority shall be on a parity with the revenue bonds then being
1437issued, all on such terms, conditions, and limitations as shall
1438be provided, and may further provide that the revenues to be
1439derived from the subsequent projects shall at the time of the
1440issuance of such parity revenue bonds be also pledged to the
1441holders of any revenue bonds theretofore issued to finance the
1442revenue undertakings which are later combined with such
1443subsequent projects. Space Florida The authority may pledge for
1444the security of the revenue bonds a fixed amount, without regard
1445to any fixed proportion of the gross revenues of any project.
1446     Section 31.  Section 331.333, Florida Statutes, is amended
1447to read:
1448     331.333  Refunding bonds.--Space Florida The authority
1449through its board may shall have the power to issue bonds to
1450provide for the retirement or refunding of any bonds or
1451obligations of Space Florida the authority that at the time of
1452such issuance are or subsequently thereto become due and
1453payable, or that at the time of issuance have been called or are
1454or will be subject to call for redemption within 10 years
1455thereafter, or the surrender of which can be procured from the
1456holders thereof at prices satisfactory to the board. Refunding
1457bonds may be issued at any time when in the judgment of the
1458board such issuance will be advantageous to Space Florida the
1459authority. The provisions of this act pertaining to bonds of
1460Space Florida the authority shall, unless the context otherwise
1461requires, govern the issuance of refunding bonds, the form and
1462other details thereof, the rights of the holders thereof, and
1463the duties of the board with respect to the same.
1464     Section 32.  Section 331.334, Florida Statutes, is amended
1465to read:
1466     331.334  Pledging assessments and other revenues and
1467properties as additional security on bonds.--Space Florida The
1468authority may pledge as additional security for the payment of
1469any of the bonds of Space Florida the authority its full faith
1470and credit, and provide that such bonds shall be payable as to
1471both principal and interest, and as to any reserve or other
1472funds provided therefor, to the full extent that any revenues as
1473defined in this act, assessments, or other funds, or any
1474combination thereof, pledged therefor are insufficient for the
1475full payment of the same, and provided further that no bonds
1476shall be issued to the payment of which the full faith and
1477credit of Space Florida the authority is pledged unless approved
1478at an election in the manner provided by law. Space Florida The
1479authority by resolution of the board may also pledge as
1480additional security for said bonds the revenues from any project
1481of Space Florida the authority, utility service, assessments,
1482and any other sources of revenue or funds, or any combination of
1483the foregoing, and may pledge or mortgage any of the properties,
1484rights, interest, or other assets of Space Florida the
1485authority. Bonds issued by Space Florida the authority are not
1486secured by the full faith and credit of the State of Florida and
1487do not constitute an obligation, either general or special,
1488thereof. The board may also provide with respect to any bonds of
1489Space Florida the authority that such bonds shall be payable, in
1490whole or in part, as to principal amount or interest, or both,
1491out of rates, fees, rentals, tolls, fares, or other charges
1492collected with respect to any of the projects of Space Florida
1493the authority.
1494     Section 33.  Section 331.335, Florida Statutes, is amended
1495to read:
1496     331.335  Lien of pledges.--All pledges of revenues and
1497assessments made pursuant to the provisions of this act shall be
1498valid and binding from the time when such pledges are made. All
1499such revenues and assessments so pledged and thereafter
1500collected shall immediately be subject to the lien of such
1501pledges without any physical delivery thereof or further action,
1502and the lien of such pledges shall be valid and binding as
1503against all parties having claims of any kind in tort, contract,
1504or otherwise against Space Florida the authority, irrespective
1505of whether such parties have notice thereof.
1506     Section 34.  Section 331.336, Florida Statutes, is amended
1507to read:
1508     331.336  Issuance of bond anticipation notes.--In addition
1509to the other powers provided for in this act and not in
1510limitation thereof, Space Florida may the authority shall have
1511the power, at any time from time to time after the issuance of
1512any bonds of Space Florida the authority shall have been
1513authorized, to borrow money for the purposes for which such
1514bonds are to be issued in anticipation of the receipt of the
1515proceeds of the sale of such bonds and to issue bond
1516anticipation notes in a principal amount not in excess of the
1517authorized maximum amount of such bond issue. Such notes shall
1518be in such denomination or denominations, bear interest at such
1519rate or rates, mature at such time or times, be renewable for
1520such additional term or terms, and be in such form and executed
1521in such manner as the board shall prescribe. Such notes may be
1522sold at public sale, or if such notes shall be renewable notes,
1523may be exchanged for notes then outstanding on such terms as the
1524board shall determine. Such notes shall be paid from the
1525proceeds of such bonds when issued. The board may in its
1526discretion, in lieu of retiring the notes by means of bonds,
1527retire them by means of current revenues or from any assessments
1528levied for the payment of such bonds, but in such event a like
1529amount of the bonds authorized shall not be issued.
1530     Section 35.  Section 331.337, Florida Statutes, is amended
1531to read:
1532     331.337  Short-term borrowing.--Space Florida The authority
1533at any time may obtain loans, in such amount and on such terms
1534and conditions as the board may approve, for the purpose of
1535paying any of the expenses of Space Florida the authority or any
1536costs incurred or that may be incurred in connection with any of
1537the projects of Space Florida the authority, which loans shall
1538have such term or terms, be renewable for such term or terms,
1539bear interest at such rate or rates, and be payable from and
1540secured by a pledge of such funds, revenues, and assessments as
1541the board may determine. For the purpose of defraying such costs
1542and expenses, Space Florida the authority may issue negotiable
1543notes, warrants, or other evidences of debt signed on behalf of
1544Space Florida the authority by any one of the board, such notes
1545or other evidences of indebtedness to be payable at such time or
1546times, to bear interest at such rate or rates, and to be sold or
1547discounted at such price or prices and on such term or terms as
1548the board may deem advisable. The board may shall have the right
1549to provide for the payment thereof by pledging the whole or any
1550part of the funds, revenues, and assessments of Space Florida
1551the authority.
1552     Section 36.  Section 331.338, Florida Statutes, is amended
1553to read:
1554     331.338  Trust agreements.--In the discretion of the board,
1555any issue of bonds may be secured by a trust agreement by and
1556between Space Florida the authority and a corporate trustee
1557which may be any trust company or bank having the powers of a
1558trust company within or without the state. The resolution
1559authorizing the issuance of the bonds or such trust agreement
1560may pledge the revenues to be received from any projects of
1561Space Florida the authority and any other authorized moneys to
1562be used for the repayment of bonds, and may contain such
1563provisions for protecting and enforcing the rights and remedies
1564of the bondholders as the board may approve, including without
1565limitation covenants setting forth the duties of Space Florida
1566the authority in relation to the acquisition, planning,
1567development, construction, reconstruction, improvement,
1568maintenance, repair, operation, and insurance of any projects,
1569the fixing and revision of the rates, fees, rentals, tolls,
1570fares, and charges, and the custody, safeguarding, and
1571application of all moneys, and for the employment of consulting
1572engineers in connection with such acquisition, planning,
1573development, construction, reconstruction, improvement,
1574maintenance, repair, or operation. It shall be lawful for any
1575bank or trust company incorporated under the laws of the state
1576or the United States which may act as a depository of the
1577proceeds of bonds or of revenues to furnish such indemnifying
1578bonds or to pledge such securities as may be required by Space
1579Florida the authority. Such resolution or trust agreement may
1580set forth the rights and remedies of the bondholders and of the
1581trustee, if any, and may restrict the individual right of action
1582by bondholders. The board may provide for the payment of the
1583proceeds of the sale of the bonds and the revenues of any
1584project to such officer, board, or depository as it may
1585designate for the custody thereof, and for the method of
1586disbursement thereof, with such safeguards and restrictions as
1587it may determine. All expenses incurred in carrying out the
1588provisions of such resolution or trust agreement may be treated
1589as part of the cost of the project to which such trust agreement
1590pertains.
1591     Section 37.  Section 331.339, Florida Statutes, is amended
1592to read:
1593     331.339  Sale of bonds.--Bonds may be sold in blocks or
1594installments at different times, or an entire issue or series
1595may be sold at one time. Bonds may only be sold at public sale
1596after being advertised and publicly noticed, unless Space
1597Florida the authority has previously complied with the
1598provisions of s. 218.385. Bonds may be sold or exchanged for
1599refunding bonds. Special assessment and revenue bonds may be
1600delivered as payment by Space Florida the authority of the
1601purchase price or lease of any project or part thereof, or a
1602combination of projects or parts thereof, or as the purchase
1603price of, or exchange for, any property, real, personal, or
1604mixed, including franchises, or services rendered by any
1605contractor, engineer, or other person, all at one time or in
1606blocks from time to time, in such manner and upon such terms as
1607the board in its discretion shall determine. The price or prices
1608for any bonds sold, exchanged, or delivered may be:
1609     (1)  The money paid for the bonds.
1610     (2)  The principal amount, plus accrued interest to date of
1611redemption or exchange, of outstanding obligations exchanged for
1612refunding bonds.
1613     (3)  In the case of special assessment or revenue bonds,
1614the amount of any indebtedness to contractors or other persons
1615paid with such bonds, or the fair value of any properties
1616exchanged for the bonds, as determined by the board.
1617     Section 38.  Section 331.340, Florida Statutes, is amended
1618to read:
1619     331.340  Authorization and form of bonds.--Bonds may be
1620authorized by resolution or resolutions of the board which shall
1621be adopted by a majority of all of the members thereof then in
1622office and present at the meeting at which the resolution or
1623resolutions are adopted and shall be approved as provided in s.
1624331.305. The resolution or resolutions of the board may be
1625adopted at the same meeting at which they are introduced, and
1626shall be published and noticed. The board may by resolution
1627authorize the issuance of bonds, fix the aggregate amount of
1628bonds to be issued, the purpose or purposes for which the moneys
1629derived therefrom shall be expanded, the rate or rates of
1630interest, the denomination of the bonds, whether or not the
1631bonds are to be issued in one or more series, the date or dates
1632thereof, the date or dates of maturity, which shall not exceed
163340 years from their respective dates of issuance, the medium of
1634payment, the place or places within or without the state where
1635payment shall be made, registration privileges, redemption terms
1636and privileges (whether with or without premium), the manner of
1637execution, the form of the bonds including any interest coupons
1638to be attached thereto, the manner of execution of bonds and
1639coupons, and any and all other terms, covenants, and conditions
1640thereof, and the establishment of reserve or other funds. Such
1641authorizing resolution may further provide that such bonds may
1642be executed manually or by engraved, lithographed, or facsimile
1643signature, provided that where signatures are engraved,
1644lithographed, or facsimile no bond shall be valid unless
1645countersigned by a registrar or other officer designated by
1646appropriate resolution of the board. The seal of Space Florida
1647the authority may be affixed, lithographed, engraved, or
1648otherwise reproduced in facsimile on such bonds. In case any
1649officer whose signature or a facsimile of whose signature shall
1650appear on any bonds or coupons shall cease to be such officer
1651before the delivery of such bonds, such signature or facsimile
1652shall nevertheless be valid and sufficient for all purposes the
1653same as if the officer had remained in office until such
1654delivery.
1655     Section 39.  Section 331.343, Florida Statutes, is amended
1656to read:
1657     331.343  Defeasance.--The board may make such provision
1658with respect to the defeasance of the right, title, and interest
1659of the holders of any of the bonds and obligations of Space
1660Florida the authority in any revenues, funds, or other
1661properties by which such bonds are secured as the board deems
1662appropriate and, without limitation on the foregoing, may
1663provide that when such bonds or obligations become due and
1664payable or shall have been called for redemption, and the whole
1665amount of the principal and the interest and premium, if any,
1666due and payable upon the bonds or obligations when outstanding
1667shall be paid, or sufficient moneys or direct obligations of the
1668United States Government the principal of and the interest on
1669which when due will provide sufficient moneys, shall be held or
1670deposited in trust for such purpose, and provision shall also be
1671made for paying all other sums payable in connection with such
1672bonds or other obligations, then and in such event the right,
1673title, and interest of the holders of the bonds in any revenues,
1674funds, or other properties by which such bonds are secured shall
1675thereupon cease, terminate, and become void; and the board may
1676apply any surplus in any sinking fund established in connection
1677with such bonds or obligations and all balances remaining in all
1678other funds or accounts other than money held for the redemption
1679or payment of the bonds or other obligations to any lawful
1680purpose of Space Florida the authority as the board shall
1681determine.
1682     Section 40.  Section 331.345, Florida Statutes, is amended
1683to read:
1684     331.345  Covenants.--Any resolution authorizing the
1685issuance of bonds may contain such covenants as the board may
1686deem advisable and all such covenants shall constitute valid and
1687legally binding and enforceable contracts between Space Florida
1688the authority and the bondholders, regardless of the time of
1689issuance thereof. Such covenants may include, without
1690limitation, covenants concerning the disposition of the bond
1691proceeds, the use and disposition of project revenues, the
1692pledging of revenues, and assessments, the obligations of Space
1693Florida the authority with respect to the operation of the
1694project and the maintenance of adequate project revenues, the
1695issuance of additional bonds, the appointment, powers, and
1696duties of trustees and receivers, the acquisition of outstanding
1697bonds and obligations, restrictions on the establishing of
1698competing projects or facilities, restrictions on the sale or
1699disposal of the assets and property of Space Florida the
1700authority, the priority of assessment liens, the priority of
1701claims by bondholders on the taxing power of Space Florida the
1702authority, the maintenance of deposits to assure the payment of
1703revenues by users of spaceport facilities and services, the
1704discontinuance of Space Florida authority services by reason of
1705delinquent payments, acceleration upon default, the execution of
1706necessary instruments, the procedure for amending or abrogating
1707covenants with the bondholders, and such other covenants as may
1708be deemed necessary or desirable for the security of the
1709bondholders.
1710     Section 41.  Section 331.346, Florida Statutes, is amended
1711to read:
1712     331.346  Validity of bonds; validation proceedings.--Any
1713bonds issued by Space Florida the authority shall be
1714incontestable in the hands of bona fide purchasers or holders
1715for value and shall not be invalid because of any irregularity
1716or defect in the proceedings for the issue and sale thereof.
1717Prior to the issuance of any bonds, Space Florida the authority
1718shall publish a notice at least once in a newspaper or
1719newspapers published or of general circulation in the
1720appropriate counties in the state, stating the date of adoption
1721of the resolution authorizing such obligations, the amount,
1722maximum rate of interest, and maturity of such obligations, and
1723the purpose in general terms for which such obligations are to
1724be issued, and further stating that no action or proceeding
1725questioning the validity of such obligations or of the
1726proceedings authorizing the issuance thereof, or of any
1727covenants made therein, must be instituted within 20 days after
1728the first publication of such notice, or the validity of such
1729obligations, proceedings, and covenants shall not be thereafter
1730questioned in any court whatsoever. If no such action or
1731proceeding is so instituted within such 20-day period, then the
1732validity of such obligations, proceedings, and covenants shall
1733be conclusive, and all persons or parties whatsoever shall be
1734forever barred from questioning the validity of such
1735obligations, proceedings, or covenants in any court whatsoever.
1736     Section 42.  Section 331.347, Florida Statutes, is amended
1737to read:
1738     331.347  Act furnishes full authority for issuance of
1739bonds.--This act constitutes full and complete authority for the
1740issuance of bonds and the exercise of the powers of Space
1741Florida the authority provided herein. Any and all bonds issued
1742by Space Florida the authority shall not be secured by the full
1743faith and credit of the State of Florida and do not constitute
1744an obligation, either general or special, thereof.
1745     Section 43.  Section 331.348, Florida Statutes, is amended
1746to read:
1747     331.348  Investment of funds.--The board may in its
1748discretion invest funds of Space Florida the authority through
1749the Chief Financial Officer or in:
1750     (1)  Direct obligations of or obligations guaranteed by the
1751United States or for the payment of the principal and interest
1752of which the faith and credit of the United States is pledged;
1753     (2)  Bonds or notes issued by any of the following federal
1754agencies: Bank for Cooperatives; federal intermediate credit
1755banks; federal home loan bank system; federal land banks; or the
1756Federal National Mortgage Association (including debentures or
1757participating certificates issued by such association);
1758     (3)  Public housing bonds issued by public housing
1759authorities and secured by a pledge or annual contributions
1760under an annual contribution contract or contracts with the
1761United States;
1762     (4)  Bonds or other interest-bearing obligations of any
1763county, district, city, or town located in the state for which
1764the full faith and credit of such political subdivision is
1765pledged;
1766     (5)  Any investment authorized for insurers by ss. 625.306-
1767625.316 and amendments thereto; or
1768     (6)  Any investment authorized under s. 17.57 and
1769amendments thereto.
1770     Section 44.  Section 331.349, Florida Statutes, is amended
1771to read:
1772     331.349  Fiscal year of Space Florida the authority.--The
1773board may has the power to establish and from time to time
1774redetermine the fiscal year of Space Florida the authority.
1775Unless the board otherwise provides, Space Florida's the
1776authority's fiscal year shall be July 1 through June 30.
1777     Section 45.  Section 331.350, Florida Statutes, is amended
1778to read:
1779     331.350  Insurance coverage of Space Florida the authority;
1780safety program.--
1781     (1)  Notwithstanding any other provision of law, the State
1782Risk Management Trust Fund established under s. 284.30 may shall
1783not insure buildings and property owned or leased by Space
1784Florida the authority.
1785     (2)  Notwithstanding any other provision of law, the State
1786Risk Management Trust Fund established under s. 284.30 may shall
1787not insure against any liability of Space Florida the authority.
1788     (3)  Space Florida The authority shall establish a safety
1789program. The safety program shall include:
1790     (a)  The development and implementation of a loss
1791prevention program which shall consist of a comprehensive
1792authority wide safety program for all of Space Florida,
1793including a statement, established by the board of directors
1794supervisors, of safety policy and responsibility.
1795     (b)  Provision for regular and periodic facility and
1796equipment inspections.
1797     (c)  Investigation of job-related employee accidents and
1798other accidents occurring on the premises of Space Florida the
1799authority or within areas of its jurisdiction.
1800     (d)  Establishment of a program to promote increased safety
1801awareness among employees, agents, and subcontractors of Space
1802Florida the authority.
1803     (4)(a)  Space Florida The authority shall, if available,
1804secure insurance coverage within reasonable limits for liability
1805which may arise as a consequence of its responsibilities.
1806     (b)  Space Florida The authority shall, if available, and
1807if cost-effective, secure insurance coverage on its buildings,
1808facilities, and property at reasonable levels.
1809     (c)  Space Florida The authority, with respect to the
1810purchase of insurance, shall be subject to the applicable
1811provisions of chapter 287 and other applicable law.
1812     Section 46.  Section 331.351, Florida Statutes, is amended
1813to read:
1814     331.351  Participation by women, minorities, and socially
1815and economically disadvantaged business enterprises
1816encouraged.--It is the intent of the Legislature and the public
1817policy of this state that women, minorities, and socially and
1818economically disadvantaged business enterprises be encouraged to
1819participate fully in all phases of economic and community
1820development. Accordingly, to achieve such purpose, Space Florida
1821the authority shall, in accordance with applicable state and
1822federal law, involve and utilize women, minorities, and socially
1823and economically disadvantaged business enterprises in all
1824phases of the design, development, construction, maintenance,
1825and operation of spaceports developed under this act.
1826     Section 47.  Section 331.354, Florida Statutes, is amended
1827to read:
1828     331.354  Tax exemption.--The exercise of the powers granted
1829by this act in all respects shall be for the benefit of the
1830people of the state, for the increase of their industry and
1831prosperity, for the improvement of their health and living
1832conditions, and for the provision of gainful employment and
1833shall constitute the performance of essential public functions.
1834Space Florida is The authority shall not be required to pay any
1835taxes on any project or any other property owned by Space
1836Florida the authority under the provisions of this act or upon
1837the income therefrom. The bonds issued under the provisions of
1838this act or upon the income therefrom (including any profit made
1839on the sale thereof), and all notes, mortgages, security
1840agreements, letters of credit, or other instruments which arise
1841out of or are given to secure the repayment of bonds issued in
1842connection with a project financed under this act, shall at all
1843times be free from taxation by the state or any local unit,
1844political subdivision, or other instrumentality of the state.
1845Nothing in This section, however, does not exempt shall be
1846construed as exempting from taxation or assessments the
1847leasehold interest of a lessee in any project or any other
1848property or interest owned by the lessee. The exemption granted
1849by this section is shall not be applicable to any tax imposed by
1850chapter 220 on interest, income, or profits on debt obligations
1851owned by corporations.
1852     Section 48.  Section 331.355, Florida Statutes, is amended
1853to read:
1854     331.355  Use of name; ownership rights to intellectual
1855property.--
1856     (1)(a)  The corporate name of a corporation incorporated or
1857authorized to transact business in this state, or the name of
1858any person or business entity transacting business in this
1859state, may not use the words "Space Florida," "Florida Space
1860Authority," "Florida Aerospace Finance Corporation," "Florida
1861Space Research Institute," "spaceport Florida," or "Florida
1862spaceport" in its name unless Space Florida the authority gives
1863written approval for such use.
1864     (b)  The Department of State may dissolve, pursuant to s.
1865607.1421, any corporation that violates paragraph (a).
1866     (2)  Notwithstanding any provision of chapter 286, the
1867legal title and every right, interest, claim, or demand of any
1868kind in and to any patent, trademark, copyright, certification
1869mark, or other right acquired under the patent and trademark
1870laws of the United States or this state or any foreign country,
1871or the application for the same, as is owned or held, acquired,
1872or developed by Space Florida the authority, under the authority
1873and directions given it by this part, is vested in Space Florida
1874the authority for the use, benefit, and purposes provided in
1875this part. Space Florida The authority is vested with and is
1876authorized to exercise any and all of the normal incidents of
1877such ownership, including the receipt and disposition of
1878royalties. Any sums received as royalties from any such rights
1879are hereby appropriated to Space Florida the authority for any
1880and all of the purposes and uses provided in this part.
1881     Section 49.  Section 331.360, Florida Statutes, is amended
1882to read:
1883     331.360  Joint project agreement or assistance; spaceport
1884master plan.--
1885     (1)  It shall be the duty, function, and responsibility of
1886the Department of Transportation to promote the further
1887development and improvement of aerospace transportation
1888facilities; to address intermodal requirements and impacts of
1889the launch ranges, spaceports, and other space transportation
1890facilities; to assist in the development of joint-use facilities
1891and technology that support aviation and aerospace operations;
1892and to facilitate and promote cooperative efforts between
1893federal and state government entities to improve space
1894transportation capacity and efficiency. In carrying out this
1895duty and responsibility, the department may assist and advise,
1896cooperate with, and coordinate with federal, state, local, or
1897private organizations and individuals. The department may
1898administratively house its space transportation responsibilities
1899within an existing division or office.
1900     (2)  Notwithstanding any other provision of law, the
1901Department of Transportation may enter into a joint project
1902agreement with, or otherwise assist, the Florida Space Florida
1903Authority as necessary to effectuate the provisions of this
1904chapter and may allocate funds for such purposes in its 5-year
1905work program. However, the department may not fund the
1906administrative or operational costs of Space Florida the
1907authority.
1908     (3)  Space Florida The authority shall develop a spaceport
1909master plan for expansion and modernization of space
1910transportation facilities within spaceport territories as
1911defined in s. 331.303(23). The plan shall contain recommended
1912projects to meet current and future commercial, national, and
1913state space transportation requirements. Space Florida The
1914authority shall submit the plan to any appropriate metropolitan
1915planning organization M.P.O. for review of intermodal impacts.
1916Space Florida The authority shall submit the spaceport master
1917plan to the Department of Transportation, and such plan may be
1918included within the department's 5-year work program of
1919qualifying aerospace discretionary capacity improvement under
1920subsection (4). The plan shall identify appropriate funding
1921levels and include recommendations on appropriate sources of
1922revenue that may be developed to contribute to the State
1923Transportation Trust Fund.
1924     (4)  Subject to the availability of appropriated funds, the
1925department may participate in the capital cost of eligible
1926spaceport discretionary capacity improvement projects. The
1927annual legislative budget request shall be based on the proposed
1928funding requested for approved spaceport discretionary capacity
1929improvement projects.
1930     Section 50.  Section 331.369, Florida Statutes, is amended
1931to read:
1932     331.369  Space Industry Workforce Initiative.--
1933     (1)  The Legislature finds that the aerospace space
1934industry is critical to the economic future of the state and
1935that the competitiveness of the industry in the state depends
1936upon the development and maintenance of a qualified workforce.
1937The Legislature further finds that the aerospace space industry
1938in this state has diverse and complex workforce needs,
1939including, but not limited to, the need for qualified entry-
1940level workers, the need to upgrade the skills of technician-
1941level incumbent workers, and the need to ensure continuing
1942education opportunities for workers with advanced educational
1943degrees. It is the intent of the Legislature to support programs
1944designed to address the workforce development needs of the
1945aerospace space industry in this state.
1946     (2)  The Workforce Development Board of Enterprise Florida,
1947Inc., or it successor entity, shall coordinate development of a
1948Space Industry Workforce Initiative in partnership with Space
1949Florida, the Florida Space Research Institute, the institute's
1950consortium of public and private universities, community
1951colleges, and other training providers approved by the board.
1952The purpose of the initiative is to use or revise existing
1953programs and to develop innovative new programs to address the
1954workforce needs of the aerospace space industry.
1955     (3)  The initiative shall emphasize:
1956     (a)  Curricula content and timeframes developed with
1957industry participation and endorsed by the industry;
1958     (b)  Programs that certify persons completing training as
1959meeting industry-approved standards or competencies;
1960     (c)  Use of distance-learning and computer-based training
1961modules as appropriate and feasible;
1962     (d)  Industry solicitation of public and private
1963universities to develop continuing education programs at the
1964master's and doctoral levels;
1965     (e)  Agreements with the National Aeronautics and Space
1966Administration to replicate on a national level successful
1967training programs developed through the initiative; and
1968     (f)  Leveraging of state and federal workforce funds.
1969     (4)  The Workforce Development Board of Enterprise Florida,
1970Inc., or its successor entity, with the assistance of Space
1971Florida the Florida Space Research Institute, shall convene
1972representatives from the aerospace space industry to identify
1973the priority training and education needs of the industry and to
1974appoint a team to design programs to meet the such priority
1975needs.
1976     (5)  The Workforce Development Board of Enterprise Florida,
1977Inc., or its successor entity, as part of its statutorily
1978prescribed annual report to the Legislature, shall provide
1979recommendations for policies, programs, and funding to enhance
1980the workforce needs of the aerospace space industry.
1981     Section 51.  Paragraph (g) of subsection (2) of section
198214.2015, Florida Statutes, is amended to read:
1983     14.2015  Office of Tourism, Trade, and Economic
1984Development; creation; powers and duties.--
1985     (2)  The purpose of the Office of Tourism, Trade, and
1986Economic Development is to assist the Governor in working with
1987the Legislature, state agencies, business leaders, and economic
1988development professionals to formulate and implement coherent
1989and consistent policies and strategies designed to provide
1990economic opportunities for all Floridians. To accomplish such
1991purposes, the Office of Tourism, Trade, and Economic Development
1992shall:
1993     (g)  Serve as contract administrator for the state with
1994respect to contracts with Enterprise Florida, Inc., the Florida
1995Commission on Tourism, Space Florida, and all direct-support
1996organizations under this act, excluding those relating to
1997tourism. To accomplish the provisions of this act and applicable
1998provisions of chapter 288, and notwithstanding the provisions of
1999part I of chapter 287, the office shall enter into specific
2000contracts with Enterprise Florida, Inc., the Florida Commission
2001on Tourism, and other appropriate direct-support organizations.
2002Such contracts may be multiyear and shall include specific
2003performance measures for each year.
2004     Section 52.  Section 74.011, Florida Statutes, is amended
2005to read:
2006     74.011  Scope.--In any eminent domain action, properly
2007instituted by and in the name of the state; the Department of
2008Transportation; any county, school board, municipality,
2009expressway authority, regional water supply authority,
2010transportation authority, flood control district, or drainage or
2011subdrainage district; the ship canal authority; any lawfully
2012constituted housing, port, or aviation authority; the Florida
2013Space Authority; or any rural electric cooperative, telephone
2014cooperative corporation, or public utility corporation, the
2015petitioner may avail itself of the provisions of this chapter to
2016take possession and title in advance of the entry of final
2017judgment.
2018     Section 53.  Subsection (6) of section 196.012, Florida
2019Statutes, is amended to read:
2020     196.012  Definitions.--For the purpose of this chapter, the
2021following terms are defined as follows, except where the context
2022clearly indicates otherwise:
2023     (6)  Governmental, municipal, or public purpose or function
2024shall be deemed to be served or performed when the lessee under
2025any leasehold interest created in property of the United States,
2026the state or any of its political subdivisions, or any
2027municipality, agency, special district, authority, or other
2028public body corporate of the state is demonstrated to perform a
2029function or serve a governmental purpose which could properly be
2030performed or served by an appropriate governmental unit or which
2031is demonstrated to perform a function or serve a purpose which
2032would otherwise be a valid subject for the allocation of public
2033funds. For purposes of the preceding sentence, an activity
2034undertaken by a lessee which is permitted under the terms of its
2035lease of real property designated as an aviation area on an
2036airport layout plan which has been approved by the Federal
2037Aviation Administration and which real property is used for the
2038administration, operation, business offices and activities
2039related specifically thereto in connection with the conduct of
2040an aircraft full service fixed base operation which provides
2041goods and services to the general aviation public in the
2042promotion of air commerce shall be deemed an activity which
2043serves a governmental, municipal, or public purpose or function.
2044Any activity undertaken by a lessee which is permitted under the
2045terms of its lease of real property designated as a public
2046airport as defined in s. 332.004(14) by municipalities,
2047agencies, special districts, authorities, or other public bodies
2048corporate and public bodies politic of the state, a spaceport as
2049defined in s. 331.303(19), or which is located in a deepwater
2050port identified in s. 403.021(9)(b) and owned by one of the
2051foregoing governmental units, subject to a leasehold or other
2052possessory interest of a nongovernmental lessee that is deemed
2053to perform an aviation, airport, aerospace, maritime, or port
2054purpose or operation shall be deemed an activity that serves a
2055governmental, municipal, or public purpose. The use by a lessee,
2056licensee, or management company of real property or a portion
2057thereof as a convention center, visitor center, sports facility
2058with permanent seating, concert hall, arena, stadium, park, or
2059beach is deemed a use that serves a governmental, municipal, or
2060public purpose or function when access to the property is open
2061to the general public with or without a charge for admission. If
2062property deeded to a municipality by the United States is
2063subject to a requirement that the Federal Government, through a
2064schedule established by the Secretary of the Interior, determine
2065that the property is being maintained for public historic
2066preservation, park, or recreational purposes and if those
2067conditions are not met the property will revert back to the
2068Federal Government, then such property shall be deemed to serve
2069a municipal or public purpose. The term "governmental purpose"
2070also includes a direct use of property on federal lands in
2071connection with the Federal Government's Space Exploration
2072Program or spaceport activities as defined in s. 212.02(22).
2073Real property and tangible personal property owned by the
2074Federal Government or Space Florida the Florida Space Authority
2075and used for defense and space exploration purposes or which is
2076put to a use in support thereof shall be deemed to perform an
2077essential national governmental purpose and shall be exempt.
2078"Owned by the lessee" as used in this chapter does not include
2079personal property, buildings, or other real property
2080improvements used for the administration, operation, business
2081offices and activities related specifically thereto in
2082connection with the conduct of an aircraft full service fixed
2083based operation which provides goods and services to the general
2084aviation public in the promotion of air commerce provided that
2085the real property is designated as an aviation area on an
2086airport layout plan approved by the Federal Aviation
2087Administration. For purposes of determination of "ownership,"
2088buildings and other real property improvements which will revert
2089to the airport authority or other governmental unit upon
2090expiration of the term of the lease shall be deemed "owned" by
2091the governmental unit and not the lessee. Providing two-way
2092telecommunications services to the public for hire by the use of
2093a telecommunications facility, as defined in s. 364.02(15), and
2094for which a certificate is required under chapter 364 does not
2095constitute an exempt use for purposes of s. 196.199, unless the
2096telecommunications services are provided by the operator of a
2097public-use airport, as defined in s. 332.004, for the operator's
2098provision of telecommunications services for the airport or its
2099tenants, concessionaires, or licensees, or unless the
2100telecommunications services are provided by a public hospital.
2101However, property that is being used to provide such
2102telecommunications services on or before October 1, 1997, shall
2103remain exempt, but such exemption expires October 1, 2004.
2104     Section 54.  Subsection (22) of section 212.02, Florida
2105Statutes, is amended to read:
2106     212.02  Definitions.--The following terms and phrases when
2107used in this chapter have the meanings ascribed to them in this
2108section, except where the context clearly indicates a different
2109meaning:
2110     (22)  "Spaceport activities" means activities directed or
2111sponsored by Space Florida the Florida Space Authority on
2112spaceport territory pursuant to its powers and responsibilities
2113under the Space Florida Act Florida Space Authority Act.
2114     Section 55.  Subsection (7) of section 288.063, Florida
2115Statutes, is amended to read:
2116     288.063  Contracts for transportation projects.--
2117     (7)  For the purpose of this section, Space Florida the
2118Florida Space Authority may serve as the local government or as
2119the contracting agency for transportation projects within
2120spaceport territory as defined by s. 331.304.
2121     Section 56.  Subsection (1) of section 288.075, Florida
2122Statutes, is amended to read:
2123     288.075  Confidentiality of records.--
2124     (1)  As used in this section, the term "economic
2125development agency" means the Office of Tourism, Trade, and
2126Economic Development, any industrial development authority
2127created in accordance with part III of chapter 159 or by special
2128law, Space Florida the Florida Space Authority created in part
2129II of chapter 331, the Florida Aerospace Finance Corporation
2130created in part III of chapter 331, the public economic
2131development agency of a county or municipality, or any research
2132and development authority created in accordance with part V of
2133chapter 159. The term also includes any private agency, person,
2134partnership, corporation, or business entity when authorized by
2135the state, a municipality, or a county to promote the general
2136business interests or industrial interests of the state or that
2137municipality or county.
2138     Section 57.  Subsection (2) of section 288.35, Florida
2139Statutes, is amended to read:
2140     288.35  Definitions.--The following terms, wherever used or
2141referred to in this part, shall have the following meanings:
2142     (2)  "Government agency" means the state or any county or
2143political subdivision thereof; any state agency; any
2144consolidated government of a county, and some or all of the
2145municipalities located within the said county; any chartered
2146municipality in the state; and any of the institutions of such
2147consolidated governments, counties, or municipalities.
2148Specifically included are airports, port authorities, industrial
2149authorities, and Space Florida the Florida Space Authority.
2150     Section 58.  Subsection (2) of section 288.9415, Florida
2151Statutes, is amended to read:
2152     288.9415  International Trade Grants.--
2153     (2)  A county, municipality, economic development council,
2154Space Florida the Florida Space Authority, or a not-for-profit
2155association of businesses organized to assist in the promotion
2156of international trade may apply for a grant of state funds for
2157the promotion of international trade.
2158     Section 59.  Paragraph (j) of subsection (5) of section
2159212.08, Florida Statutes, is amended to read:
2160     212.08  Sales, rental, use, consumption, distribution, and
2161storage tax; specified exemptions.--The sale at retail, the
2162rental, the use, the consumption, the distribution, and the
2163storage to be used or consumed in this state of the following
2164are hereby specifically exempt from the tax imposed by this
2165chapter.
2166     (5)  EXEMPTIONS; ACCOUNT OF USE.--
2167     (j)  Machinery and equipment used in semiconductor,
2168defense, or space technology production and research and
2169development.--
2170     1.a.  Industrial machinery and equipment used in
2171semiconductor technology facilities certified under subparagraph
21726. to manufacture, process, compound, or produce semiconductor
2173technology products for sale or for use by these facilities are
2174exempt from the tax imposed by this chapter. For purposes of
2175this paragraph, industrial machinery and equipment includes
2176molds, dies, machine tooling, other appurtenances or accessories
2177to machinery and equipment, testing equipment, test beds,
2178computers, and software, whether purchased or self-fabricated,
2179and, if self-fabricated, includes materials and labor for
2180design, fabrication, and assembly.
2181     b.  Industrial machinery and equipment used in defense or
2182space technology facilities certified under subparagraph 6. to
2183design, manufacture, assemble, process, compound, or produce
2184defense technology products or space technology products for
2185sale or for use by these facilities are exempt from 25 percent
2186of the tax imposed by this chapter.
2187     2.a.  Machinery and equipment are exempt from the tax
2188imposed by this chapter if used predominately in semiconductor
2189wafer research and development activities in a semiconductor
2190technology research and development facility certified under
2191subparagraph 6. For purposes of this paragraph, machinery and
2192equipment includes molds, dies, machine tooling, other
2193appurtenances or accessories to machinery and equipment, testing
2194equipment, test beds, computers, and software, whether purchased
2195or self-fabricated, and, if self-fabricated, includes materials
2196and labor for design, fabrication, and assembly.
2197     b.  Machinery and equipment are exempt from 25 percent of
2198the tax imposed by this chapter if used predominately in defense
2199or space research and development activities in a defense or
2200space technology research and development facility certified
2201under subparagraph 6.
2202     3.  Building materials purchased for use in manufacturing
2203or expanding clean rooms in semiconductor-manufacturing
2204facilities are exempt from the tax imposed by this chapter.
2205     4.  In addition to meeting the criteria mandated by
2206subparagraph 1., subparagraph 2., or subparagraph 3., a business
2207must be certified by the Office of Tourism, Trade, and Economic
2208Development as authorized in this paragraph in order to qualify
2209for exemption under this paragraph.
2210     5.  For items purchased tax exempt pursuant to this
2211paragraph, possession of a written certification from the
2212purchaser, certifying the purchaser's entitlement to exemption
2213pursuant to this paragraph, relieves the seller of the
2214responsibility of collecting the tax on the sale of such items,
2215and the department shall look solely to the purchaser for
2216recovery of tax if it determines that the purchaser was not
2217entitled to the exemption.
2218     6.a.  To be eligible to receive the exemption provided by
2219subparagraph 1., subparagraph 2., or subparagraph 3., a
2220qualifying business entity shall apply to Enterprise Florida,
2221Inc. The application shall be developed by the Office of
2222Tourism, Trade, and Economic Development in consultation with
2223Enterprise Florida, Inc.
2224     b.  Enterprise Florida, Inc., shall review each submitted
2225application and information and determine whether or not the
2226application is complete within 5 working days. Once an
2227application is complete, Enterprise Florida, Inc., shall, within
222810 working days, evaluate the application and recommend approval
2229or disapproval of the application to the Office of Tourism,
2230Trade, and Economic Development.
2231     c.  Upon receipt of the application and recommendation from
2232Enterprise Florida, Inc., the Office of Tourism, Trade, and
2233Economic Development shall certify within 5 working days those
2234applicants who are found to meet the requirements of this
2235section and notify the applicant, Enterprise Florida, Inc., and
2236the department of the certification. If the Office of Tourism,
2237Trade, and Economic Development finds that the applicant does
2238not meet the requirements of this section, it shall notify the
2239applicant and Enterprise Florida, Inc., within 10 working days
2240that the application for certification has been denied and the
2241reasons for denial. The Office of Tourism, Trade, and Economic
2242Development has final approval authority for certification under
2243this section.
2244     7.a.  A business may apply once each year for the
2245exemption.
2246     b.  The application must indicate, for program evaluation
2247purposes only, the average number of full-time equivalent
2248employees at the facility over the preceding calendar year, the
2249average wage and benefits paid to those employees over the
2250preceding calendar year, the total investment made in real and
2251tangible personal property over the preceding calendar year, and
2252the total value of tax-exempt purchases and taxes exempted
2253during the previous year. The department shall assist the Office
2254of Tourism, Trade, and Economic Development in evaluating and
2255verifying information provided in the application for exemption.
2256     c.  The Office of Tourism, Trade, and Economic Development
2257may use the information reported on the application for
2258evaluation purposes only and shall prepare an annual report on
2259the exemption program and its cost and impact. The annual report
2260for the preceding fiscal year shall be submitted to the
2261Governor, the President of the Senate, and the Speaker of the
2262House of Representatives by September 30 of each fiscal year.
2263     8.  A business certified to receive this exemption may
2264elect to designate one or more state universities or community
2265colleges as recipients of up to 100 percent of the amount of the
2266exemption for which they may qualify. To receive these funds,
2267the institution must agree to match the funds so earned with
2268equivalent cash, programs, services, or other in-kind support on
2269a one-to-one basis in the pursuit of research and development
2270projects as requested by the certified business. The rights to
2271any patents, royalties, or real or intellectual property must be
2272vested in the business unless otherwise agreed to by the
2273business and the university or community college.
2274     9.  As used in this paragraph, the term:
2275     a.  "Predominately" means at least 50 percent of the time
2276in qualifying research and development.
2277     b.  "Research and development" means basic and applied
2278research in the science or engineering, as well as the design,
2279development, and testing, of prototypes or processes of new or
2280improved products, including the design, development, and
2281testing of space launch vehicles, space flight vehicles,
2282missiles, satellites, or research payloads, avionics, and
2283associated control systems and processing systems, and
2284components of any of the foregoing. Research and development
2285does not include market research, routine consumer product
2286testing, sales research, research in the social sciences or
2287psychology, or similar nontechnological activities, or technical
2288services.
2289     c.  "Semiconductor technology products" means raw
2290semiconductor wafers or semiconductor thin films that are
2291transformed into semiconductor memory or logic wafers, including
2292wafers containing mixed memory and logic circuits; related
2293assembly and test operations; active-matrix flat panel displays;
2294semiconductor chips; semiconductor lasers; optoelectronic
2295elements; and related semiconductor technology products as
2296determined by the Office of Tourism, Trade, and Economic
2297Development.
2298     d.  "Clean rooms" means manufacturing facilities enclosed
2299in a manner that meets the clean manufacturing requirements
2300necessary for high-technology semiconductor-manufacturing
2301environments.
2302     e.  "Defense technology products" means products that have
2303a military application, including, but not limited to, weapons,
2304weapons systems, guidance systems, surveillance systems,
2305communications or information systems, munitions, aircraft,
2306vessels, or boats, or components thereof, which are intended for
2307military use and manufactured in performance of a contract with
2308the United States Department of Defense or the military branch
2309of a recognized foreign government or a subcontract thereunder
2310which relates to matters of national defense.
2311     f.  "Space technology products" means products that are
2312specifically designed or manufactured for application in space
2313activities, including, but not limited to, space launch
2314vehicles, space flight vehicles, missiles, satellites or
2315research payloads, avionics, and associated control systems and
2316processing systems and components of any of the foregoing. The
2317term does not include products that are designed or manufactured
2318for general commercial aviation or other uses even though those
2319products may also serve an incidental use in space applications.
2320     Section 60.  Paragraph (d) of subsection (6) of section
2321212.20, Florida Statutes, is amended to read:
2322     212.20  Funds collected, disposition; additional powers of
2323department; operational expense; refund of taxes adjudicated
2324unconstitutionally collected.--
2325     (6)  Distribution of all proceeds under this chapter and s.
2326202.18(1)(b) and (2)(b) shall be as follows:
2327     (d)  The proceeds of all other taxes and fees imposed
2328pursuant to this chapter or remitted pursuant to s. 202.18(1)(b)
2329and (2)(b) shall be distributed as follows:
2330     1.  In any fiscal year, the greater of $500 million, minus
2331an amount equal to 4.6 percent of the proceeds of the taxes
2332collected pursuant to chapter 201, or 5 percent of all other
2333taxes and fees imposed pursuant to this chapter or remitted
2334pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in
2335monthly installments into the General Revenue Fund.
2336     2.  Two-tenths of one percent shall be transferred to the
2337Ecosystem Management and Restoration Trust Fund to be used for
2338water quality improvement and water restoration projects.
2339     3.  After the distribution under subparagraphs 1. and 2.,
23408.814 percent of the amount remitted by a sales tax dealer
2341located within a participating county pursuant to s. 218.61
2342shall be transferred into the Local Government Half-cent Sales
2343Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
2344be transferred pursuant to this subparagraph to the Local
2345Government Half-cent Sales Tax Clearing Trust Fund shall be
2346reduced by 0.1 percent, and the department shall distribute this
2347amount to the Public Employees Relations Commission Trust Fund
2348less $5,000 each month, which shall be added to the amount
2349calculated in subparagraph 4. and distributed accordingly.
2350     4.  After the distribution under subparagraphs 1., 2., and
23513., 0.095 percent shall be transferred to the Local Government
2352Half-cent Sales Tax Clearing Trust Fund and distributed pursuant
2353to s. 218.65.
2354     5.  After the distributions under subparagraphs 1., 2., 3.,
2355and 4., 2.0440 percent of the available proceeds pursuant to
2356this paragraph shall be transferred monthly to the Revenue
2357Sharing Trust Fund for Counties pursuant to s. 218.215.
2358     6.  After the distributions under subparagraphs 1., 2., 3.,
2359and 4., 1.3409 percent of the available proceeds pursuant to
2360this paragraph shall be transferred monthly to the Revenue
2361Sharing Trust Fund for Municipalities pursuant to s. 218.215. If
2362the total revenue to be distributed pursuant to this
2363subparagraph is at least as great as the amount due from the
2364Revenue Sharing Trust Fund for Municipalities and the former
2365Municipal Financial Assistance Trust Fund in state fiscal year
23661999-2000, no municipality shall receive less than the amount
2367due from the Revenue Sharing Trust Fund for Municipalities and
2368the former Municipal Financial Assistance Trust Fund in state
2369fiscal year 1999-2000. If the total proceeds to be distributed
2370are less than the amount received in combination from the
2371Revenue Sharing Trust Fund for Municipalities and the former
2372Municipal Financial Assistance Trust Fund in state fiscal year
23731999-2000, each municipality shall receive an amount
2374proportionate to the amount it was due in state fiscal year
23751999-2000.
2376     7.  Of the remaining proceeds:
2377     a.  In each fiscal year, the sum of $29,915,500 shall be
2378divided into as many equal parts as there are counties in the
2379state, and one part shall be distributed to each county. The
2380distribution among the several counties shall begin each fiscal
2381year on or before January 5th and shall continue monthly for a
2382total of 4 months. If a local or special law required that any
2383moneys accruing to a county in fiscal year 1999-2000 under the
2384then-existing provisions of s. 550.135 be paid directly to the
2385district school board, special district, or a municipal
2386government, such payment shall continue until such time that the
2387local or special law is amended or repealed. The state covenants
2388with holders of bonds or other instruments of indebtedness
2389issued by local governments, special districts, or district
2390school boards prior to July 1, 2000, that it is not the intent
2391of this subparagraph to adversely affect the rights of those
2392holders or relieve local governments, special districts, or
2393district school boards of the duty to meet their obligations as
2394a result of previous pledges or assignments or trusts entered
2395into which obligated funds received from the distribution to
2396county governments under then-existing s. 550.135. This
2397distribution specifically is in lieu of funds distributed under
2398s. 550.135 prior to July 1, 2000.
2399     b.  The department shall distribute $166,667 monthly
2400pursuant to s. 288.1162 to each applicant that has been
2401certified as a "facility for a new professional sports
2402franchise" or a "facility for a retained professional sports
2403franchise" pursuant to s. 288.1162. Up to $41,667 shall be
2404distributed monthly by the department to each applicant that has
2405been certified as a "facility for a retained spring training
2406franchise" pursuant to s. 288.1162; however, not more than
2407$208,335 may be distributed monthly in the aggregate to all
2408certified facilities for a retained spring training franchise.
2409Distributions shall begin 60 days following such certification
2410and shall continue for not more than 30 years. Nothing contained
2411in this paragraph shall be construed to allow an applicant
2412certified pursuant to s. 288.1162 to receive more in
2413distributions than actually expended by the applicant for the
2414public purposes provided for in s. 288.1162(6). However, a
2415certified applicant is entitled to receive distributions up to
2416the maximum amount allowable and undistributed under this
2417section for additional renovations and improvements to the
2418facility for the franchise without additional certification.
2419     c.  Beginning 30 days after notice by the Office of
2420Tourism, Trade, and Economic Development to the Department of
2421Revenue that an applicant has been certified as the professional
2422golf hall of fame pursuant to s. 288.1168 and is open to the
2423public, $166,667 shall be distributed monthly, for up to 300
2424months, to the applicant.
2425     d.  Beginning 30 days after notice by the Office of
2426Tourism, Trade, and Economic Development to the Department of
2427Revenue that the applicant has been certified as the
2428International Game Fish Association World Center facility
2429pursuant to s. 288.1169, and the facility is open to the public,
2430$83,333 shall be distributed monthly, for up to 168 months, to
2431the applicant. This distribution is subject to reduction
2432pursuant to s. 288.1169. A lump sum payment of $999,996 shall be
2433made, after certification and before July 1, 2000.
2434     e.  Every dealer conducting business at a fixed location at
2435the John F. Kennedy Space Center or Cape Canaveral Air Force
2436Station and selling admissions to the John F. Kennedy Space
2437Center or Cape Canaveral Air Force Station, or any part of
2438either location, under a contract with the National Aeronautics
2439and Space Administration or under a subcontract to such
2440contract, shall file returns each month in accordance with this
2441sub-subparagraph. Each dealer must file a separate return each
2442month which reports, separately from any other sales and use
2443taxes due under this chapter, the sale of admissions to the John
2444F. Kennedy Space Center or Cape Canaveral Air Force Station or
2445any part of the facilities or to any event held at either
2446location, together with sales at retail of tangible personal
2447property from such fixed place of business, and leases and
2448licenses by the dealer at the John F. Kennedy Space Center or
2449Cape Canaveral Air Force Station taxable under s. 212.031, and
2450the taxes collected by the dealer with respect to such
2451admissions, leases, licenses, and sales. All amounts due under
2452this chapter with respect to these transactions shall be timely
2453remitted to the department. The dealer shall simultaneously file
2454a copy of the return with Space Florida and a copy with the
2455director of the Office of Tourism, Trade, and Economic
2456Development, all of which return copies and information
2457contained in such copies are subject to the same confidentiality
2458provisions as are applicable to returns and information filed
2459with the department under s. 213.053. Each month the department
2460shall distribute to Space Florida all such proceeds collected
2461and remitted to the department as shown on the returns required
2462by this sub-subparagraph. However, the monthly distributions may
2463not include proceeds of discretionary surtaxes due under this
2464chapter. The proceeds of the monthly distributions shall be
2465expended for aerospace education projects authorized in s.
2466331.3051. If the department collects any additional amounts
2467under this chapter with respect to any transactions for which a
2468separate return is required by this sub-subparagraph, no later
2469than 30 days after the collection, the proceeds shall be
2470distributed by the department to Space Florida for the uses
2471specified in this sub-subparagraph. This sub-subparagraph does
2472not affect any dealer's liability for other taxes imposed by and
2473due under this chapter.
2474     8.  All other proceeds shall remain with the General
2475Revenue Fund.
2476     Section 61.  Section 1004.86, Florida Statutes, is created
2477to read:
2478     1004.86  Florida Center for Mathematics and Science
2479Education Research.--
2480     (1)  The Department of Education shall establish at a
2481public state university the Florida Center for Mathematics and
2482Science Education Research to increase student achievement in
2483science and mathematics. The center shall:
2484     (a)  Provide technical assistance and support to school
2485districts and schools in the development and implementation of
2486mathematics and science instruction.
2487     (b)  Conduct applied research on policy and practices
2488related to mathematics and science instruction and assessment in
2489the state.
2490     (c)  Conduct or compile basic research regarding student
2491acquisition of mathematics and science knowledge and skills.
2492     (d)  Develop comprehensive course frameworks for
2493mathematics and science courses that emphasize rigor and
2494relevance at the elementary, middle, and high school levels.
2495     (e)  Disseminate information regarding research-based
2496teaching practices in mathematics and science to teachers and
2497teacher educators in the state.
2498     (f)  Collect, manage, and report on assessment information
2499regarding student achievement in mathematics and science.
2500     (g)  Establish partnerships with state universities,
2501community colleges, and school districts.
2502     (h)  Collaborate with the Florida Center for Reading
2503Research in order to provide research-based practices that
2504integrate the teaching of reading within mathematics and
2505sciences courses.
2506     (2)  The department shall monitor the center through the
2507Division of K-12 Public Schools.
2508     Section 62.  Sections 331.314, 331.367, 331.368, 331.401,
2509331.403, 331.405, 331.407, 331.409, 331.411, 331.415, 331.417,
2510and 331.419, Florida Statutes, are repealed.
2511     Section 63.  The Florida Space Authority, the Florida Space
2512Research Institute, and the Florida Aerospace Finance
2513Corporation are dissolved effective September 1, 2006. Space
2514Florida, as created by this act, is the successor organization
2515to, and as such shall assume the records, property, obligations,
2516and unexpended balances of appropriations, allocations, or other
2517funds of, the Florida Space Authority, the Florida Space
2518Research Institute, and the Florida Aerospace Finance
2519Corporation.
2520     Section 64.  The Governor, the President of the Senate, and
2521the Speaker of the House of Representatives shall appoint the
2522board of directors of Space Florida no later than July 1, 2006.
2523The board of directors of Space Florida shall hold its first
2524meeting no later than August 1, 2006. The board of directors of
2525Space Florida shall appoint a president no later than September
25261, 2006. The Executive Office of the Governor shall provide
2527staffing and transitional support to Space Florida until
2528December 31, 2006.
2529     Section 65.  Subsection (12) is added to section 288.1224,
2530Florida Statutes, to read:
2531     288.1224  Powers and duties.--The commission:
2532     (12)  Shall advise and cooperate with Space Florida, when
2533appropriate and beneficial.
2534     Section 66.  Subsection (7) is added to section 288.9015,
2535Florida Statutes, to read:
2536     288.9015  Enterprise Florida, Inc.; purpose; duties.--
2537     (7)  Enterprise Florida, Inc., shall advise and cooperate
2538with Space Florida, when appropriate and beneficial, related to
2539issues of aerospace business retention, expansion, attraction,
2540and creation, and other related activities.
2541     Section 67.  Subsection (12) is added to section 445.004,
2542Florida Statutes, to read:
2543     445.004  Workforce Florida, Inc.; creation; purpose;
2544membership; duties and powers.--
2545     (12)  Workforce Florida, Inc., shall advise and cooperate
2546with Space Florida, when appropriate and beneficial, for the
2547furtherance of aerospace workforce development.
2548     Section 68.  Subsection (17) is added to section 1001.10,
2549Florida Statutes, read:
2550     1001.10  Commissioner of Education; general powers and
2551duties.--The Commissioner of Education is the chief educational
2552officer of the state, and is responsible for giving full
2553assistance to the State Board of Education in enforcing
2554compliance with the mission and goals of the seamless K-20
2555education system. To facilitate innovative practices and to
2556allow local selection of educational methods, the State Board of
2557Education may authorize the commissioner to waive, upon the
2558request of a district school board, State Board of Education
2559rules that relate to district school instruction and school
2560operations, except those rules pertaining to civil rights, and
2561student health, safety, and welfare. The Commissioner of
2562Education is not authorized to grant waivers for any provisions
2563in rule pertaining to the allocation and appropriation of state
2564and local funds for public education; the election,
2565compensation, and organization of school board members and
2566superintendents; graduation and state accountability standards;
2567financial reporting requirements; reporting of out-of-field
2568teaching assignments under s. 1012.42; public meetings; public
2569records; or due process hearings governed by chapter 120. No
2570later than January 1 of each year, the commissioner shall report
2571to the Legislature and the State Board of Education all approved
2572waiver requests in the preceding year. Additionally, the
2573commissioner has the following general powers and duties:
2574     (17)  To advise and cooperate with Space Florida, when
2575appropriate and beneficial.
2576The commissioner's office shall operate all statewide functions
2577necessary to support the State Board of Education and the K-20
2578education system, including strategic planning and budget
2579development, general administration, and assessment and
2580accountability.
2581     Section 69.  This act shall take effect upon becoming a
2582law.


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