1 | The Spaceport & Technology Committee recommends the following: |
2 |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the state's aerospace industry; |
7 | redesignating the "Florida Space Authority" as "Space |
8 | Florida"; creating s. 331.3011, F.S.; providing |
9 | legislative intent; providing definitions; revising and |
10 | consolidating the roles, purposes, responsibilities, |
11 | assets, and duties of the Florida Space Authority as those |
12 | of Space Florida; deleting authority to establish |
13 | facilities and complementary activities; providing |
14 | additional powers and duties of Space Florida; prohibiting |
15 | Space Florida from endorsing political candidates or |
16 | making campaign contributions; characterizing certain |
17 | property as Space Florida territory; creating s. 331.3051, |
18 | F.S.; providing additional powers and responsibilities of |
19 | Space Florida relating to the state's aerospace industry; |
20 | deleting authority to exercise eminent domain powers; |
21 | requiring Space Florida to create a business plan and a |
22 | marketing campaign; requiring Space Florida to coordinate |
23 | its activities with federal and state agencies; amending |
24 | s. 331.308, F.S.; replacing provisions providing for a |
25 | board of supervisors with provisions providing for a board |
26 | of directors of Space Florida; providing for designation |
27 | and appointment of members; providing requirements of |
28 | board members; providing for terms, removal of members, |
29 | and filling of vacancies; providing for board meetings; |
30 | specifying service without compensation; providing for |
31 | reimbursement of certain expenses; providing financial |
32 | disclosure requirements; revising powers and duties of the |
33 | board; amending ss. 331.301, 331.302, 331.303, 331.305, |
34 | 331.306, 331.309, 331.310, 331.3101, 331.311, 331.312, |
35 | 331.313, 331.315, 331.316, 331.317, 331.318, 331.319, |
36 | 331.320, 331.321, 331.322, 331.323, 331.324, 331.325, |
37 | 331.326, 331.327, 331.328, 331.329, 331.331, 331.333, |
38 | 331.334, 331.335, 331.336, 331.337, 331.338, 331.339, |
39 | 331.340, 331.343, 331.345, 331.346, 331.347, 331.348, |
40 | 331.349, 331.350, 331.351, 331.354, 331.355, 331.360, and |
41 | 331.369, F.S., to conform; amending ss. 14.2015, 74.011, |
42 | 196.012, 212.02, 288.063, 288.075, 288.35, and 288.9415, |
43 | F.S., to conform; amending s. 212.08, F.S.; expanding the |
44 | exemption from the sales and use tax on certain machinery |
45 | and equipment; amending s. 212.20, F.S.; requiring dealers |
46 | at certain business locations to file returns with the |
47 | Department of Revenue disclosing certain sales tax |
48 | information; specifying return requirements; requiring the |
49 | department to distribute certain proceeds to Space |
50 | Florida; requiring expenditure of such proceeds for |
51 | certain purposes; creating s. 1004.86, F.S.; requiring the |
52 | Department of Education to establish the Florida Center |
53 | for Mathematics and Science Education Research at a public |
54 | state university; specifying requirements for the center; |
55 | repealing s. 331.314, F.S., relating to the exclusive |
56 | authority of the Florida Space Authority to regulate |
57 | spaceports; repealing s. 331.367, F.S., relating to the |
58 | Spaceport Management Council; repealing s. 331.368, F.S., |
59 | relating to the Florida Space Research Institute; |
60 | repealing ss. 331.401, 331.403, 331.405, 331.407, 331.409, |
61 | 331.411, 331.415, 331.417, and 331.419, F.S., relating to |
62 | the Florida Aerospace Finance Corporation; providing that |
63 | the Florida Space Authority, the Florida Space Research |
64 | Institute, and the Florida Aerospace Finance Corporation |
65 | are dissolved on a specified date; providing that Space |
66 | Florida assumes the records, property, and unexpended |
67 | balances of appropriations, allocations, and other funds |
68 | from the dissolved entities; requiring the Governor, the |
69 | President of the Senate, and the Speaker of the House of |
70 | Representatives to appoint the board of directors of Space |
71 | Florida by a specified date; requiring the board of |
72 | directors of Space Florida to hold its first meeting by a |
73 | specified date; amending ss. 228.1224, 288.9015, 445.004, |
74 | and 1001.10, F.S.; requiring the Florida Commission on |
75 | Tourism, Enterprise Florida, Inc., Workforce Florida, |
76 | Inc., and the Commissioner of Education to advise and |
77 | cooperate with Space Florida under certain circumstances; |
78 | providing an effective date. |
79 |
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80 | Be It Enacted by the Legislature of the State of Florida: |
81 |
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82 | Section 1. Section 331.301, Florida Statutes, is amended |
83 | to read: |
84 | 331.301 Short title.--This act may be cited as the "Space |
85 | Florida Space Authority Act." |
86 | Section 2. Section 331.3011, Florida Statutes, is created |
87 | to read: |
88 | 331.3011 Legislative findings and intent.-- |
89 | (1) The Legislature finds and declares that the aerospace |
90 | industry of this state is integral to the state's long-term |
91 | success in diversifying its economy and building a knowledge- |
92 | based economy that is able to support the creation of high |
93 | value-added businesses and jobs. Further, under the direction |
94 | and leadership of a single, private-public board, this state has |
95 | the opportunity to strengthen its existing leadership in civil |
96 | and military aerospace activity and emerge as a leader in the |
97 | nation's new vision for space exploration and commercial |
98 | aerospace opportunities, including the integration of space, |
99 | aeronautics, and aviation technologies. As the leading location |
100 | for talent, research, advanced technologies and systems |
101 | development, launch, and other aerospace-based industry |
102 | activities, this state can position itself for sustainable |
103 | economic growth and prosperity. |
104 | (2) The Legislature finds that attaining this vision |
105 | requires a strong public and private commitment to a world class |
106 | aerospace industry. It is the intent of the Legislature that |
107 | Space Florida will encourage the public and private sectors to |
108 | work together to implement an aggressive strategy that enhances |
109 | the state's workforce, education, and research capabilities, |
110 | with emphasis on mathematics, science, engineering, and related |
111 | fields; will focus on the state's economic development efforts |
112 | in order to capture a larger share of activity in aerospace |
113 | research, technology, production, and commercial operations, |
114 | while maintaining the state's historical leadership in space |
115 | launch activities; and will preserve the unique national role |
116 | served by the Cape Canaveral Air Force Station and Kennedy Space |
117 | Center by reducing costs and improving the regulatory |
118 | flexibility for commercial sector launches while pursuing the |
119 | development of sites for commercial horizontal launches. |
120 | (3) It is the intent of the Legislature that aerospace |
121 | activities be highly visible and coordinated within this state. |
122 | To that end, it is the intent of the Legislature that Space |
123 | Florida provide a single point of contact for state aerospace- |
124 | related activities with federal agencies, the military, state |
125 | agencies, businesses, and the private sector. |
126 | Section 3. Section 331.302, Florida Statutes, is amended |
127 | to read: |
128 | (Substantial rewording of section. See |
129 | s. 331.302, F.S., for present text.) |
130 | 331.302 Space Florida; creation; purpose.-- |
131 | (1) There is established, formed, and created Space |
132 | Florida, which is created and incorporated as a public |
133 | corporation, body politic, and subdivision of the state to |
134 | foster the growth and development of a sustainable and world- |
135 | leading aerospace industry in this state. Space Florida shall |
136 | promote aerospace business development by facilitating business |
137 | financing, spaceport operations, research and development, |
138 | workforce development, and innovative education programs. Space |
139 | Florida has all the powers, rights, privileges, and authority as |
140 | provided under the laws of this state. |
141 | (2) In carrying out its duties and responsibilities, Space |
142 | Florida shall advise, coordinate, cooperate, and, when |
143 | necessary, enter into memoranda of agreement with |
144 | municipalities, counties, regional authorities, state agencies |
145 | and organizations, appropriate federal agencies and |
146 | organizations, and other interested persons and groups. |
147 | (3) Space Florida may not endorse any candidate for any |
148 | elected public office or contribute money to the campaign of any |
149 | candidate for public office. |
150 | (4) Space Florida is not an agency as defined in ss. |
151 | 216.011 and 287.012. |
152 | Section 4. Section 331.303, Florida Statutes, is amended |
153 | to read: |
154 | 331.303 Definitions.-- |
155 | (1) "Aerospace" means the industry that designs and |
156 | manufactures aircraft, rockets, missiles, spacecraft, |
157 | satellites, space vehicles, space stations, space facilities or |
158 | components thereof, and equipment, systems, facilities, |
159 | simulators, programs, and related activities. "Authority" means |
160 | the Florida Space Authority created by this act. |
161 | (2) "Board" or "board of directors supervisors" means the |
162 | governing body of Space Florida the authority. |
163 | (3) "Bonds" means revenue bonds, assessment bonds, or |
164 | other bonds or obligations issued by Space Florida the authority |
165 | for the purpose of raising financing for its projects. |
166 | (4) "Business client" means any person, other than a state |
167 | official or state employee, who receives the services of, or is |
168 | the subject of solicitation by, representatives of Space Florida |
169 | the authority in connection with the performance of its |
170 | statutory duties, including purchasers or prospective purchasers |
171 | of Space Florida authority services, persons or representatives |
172 | of firms considering or being solicited for investment in Space |
173 | Florida authority projects, persons or representatives of firms |
174 | considering or being solicited for location, relocation, or |
175 | expansion of an aerospace-related a space-related business |
176 | within the state, and business, financial, or other persons |
177 | connected with the aerospace space industry. |
178 | (5) "Complementary activity" means any space business |
179 | incubator, space tourism activity, educational involvement in an |
180 | incubator, or space tourism and space-related research and |
181 | development. |
182 | (6) "Conduit bond" means any bond of the authority which |
183 | is a nonrecourse obligation of the authority payable from the |
184 | proceeds of such bonds and related financing agreements. |
185 | (5)(7) "Cost" means all costs, fees, charges, expenses, |
186 | and amounts associated with the development of projects by Space |
187 | Florida the authority. |
188 | (6)(8) "Entertainment expenses" means the actual, |
189 | necessary, and reasonable costs of providing hospitality for |
190 | business clients or guests, which costs are defined and |
191 | prescribed by rules adopted by Space Florida the authority, |
192 | subject to approval by the Chief Financial Officer. |
193 | (9) "Federal aid" means any property, funding, or other |
194 | financial assistance provided by the Federal Government to the |
195 | authority for its projects. |
196 | (7)(10) "Financing agreement" means a lease, lease- |
197 | purchase agreement, lease with option to purchase, sale or |
198 | installment sale agreement, whether title passes in whole or in |
199 | part at any time before prior to, at, or after completion of the |
200 | project, loan agreement, or other agreement forming the basis |
201 | for the financing under this act, including any agreements, |
202 | guarantees, or security instruments forming part of or related |
203 | to providing assurance of payment of the obligations under the |
204 | such financing agreement. |
205 | (8)(11) "Guest" means a person, other than a state |
206 | official or state employee, authorized by the board or its |
207 | designee to receive the hospitality of Space Florida the |
208 | authority in connection with the performance of its statutory |
209 | duties. |
210 | (9)(12) "Landing area" means the geographical area |
211 | designated by Space Florida the authority within the spaceport |
212 | territory for or intended for the landing and surface |
213 | maneuvering of any launch or other space vehicle. |
214 | (10)(13) "Launch pad" means any launch pad, runway, |
215 | airstrip, or similar facility used by the spaceport or spaceport |
216 | user for launching of space vehicles. |
217 | (11)(14) "Payload" means any property or cargo to be |
218 | transported aboard any vehicle launched by or from the |
219 | spaceport. |
220 | (12)(15) "Person" means any individual, child, community |
221 | college, college, university, firm, association, joint venture, |
222 | partnership, estate, trust, business trust, syndicate, |
223 | fiduciary, corporation, nation, government (federal, state, or |
224 | local), agency (government or other), subdivision of the state, |
225 | municipality, county, business entity, or any other group or |
226 | combination. |
227 | (13)(16) "Project" means any development, improvement, |
228 | property, launch, utility, facility, system, works, road, |
229 | sidewalk, enterprise, service, or convenience, which may include |
230 | coordination with state partners or agencies Enterprise Florida, |
231 | Inc., the Board of Education, the Florida Aerospace Finance |
232 | Corporation, and the Florida Space Research Institute; any |
233 | rocket, capsule, module, launch facility, assembly facility, |
234 | operations or control facility, tracking facility, |
235 | administrative facility, or any other type of aerospace-related |
236 | space-related transportation vehicle, station, or facility; any |
237 | type of equipment or instrument to be used or useful in |
238 | connection with any of the foregoing; any type of intellectual |
239 | property and intellectual property protection in connection with |
240 | any of the foregoing including, without limitation, any patent, |
241 | copyright, trademark, and service mark for, among other things, |
242 | computer software; any water, wastewater, gas, or electric |
243 | utility system, plant, or distribution or collection system; any |
244 | small business incubator initiative, including any startup |
245 | aerospace company, and any aerospace business proposing to |
246 | expand or locate its business in this state, research and |
247 | development company, research and development facility, |
248 | education and workforce training facility, storage facility, and |
249 | consulting service; or any tourism initiative, including any |
250 | space experience attraction, microgravity flight program, |
251 | aerospace space-launch-related activity, and space museum |
252 | sponsored or promoted by Space Florida the authority. |
253 | (14)(17) "Range" means the geographical area designated by |
254 | Space Florida the authority or other appropriate body as the |
255 | area for the launching of rockets, missiles, launch vehicles, |
256 | and other vehicles designed to reach high altitude. |
257 | (15)(18) "Recovery" means the recovery of space vehicles |
258 | and payloads which have been launched from or by a the |
259 | spaceport. |
260 | (16)(19) "Spaceport" means any area of land or water, or |
261 | any manmade object or facility located therein, developed by |
262 | Space Florida the authority under this act, which area is |
263 | intended for public use or for the launching, takeoff, and |
264 | landing of spacecraft and aircraft, and includes any appurtenant |
265 | areas which are used or intended for public use, for spaceport |
266 | buildings, or for other spaceport facilities, spaceport |
267 | projects, or rights-of-way. |
268 | (20) "Spaceport Florida" means the authority or its |
269 | facilities and projects. |
270 | (17)(21) "Spaceport launch facilities" means shall be |
271 | defined as industrial facilities as described in accordance with |
272 | s. 380.0651(3)(c) and include any launch pad, launch control |
273 | center, and fixed launch-support equipment. |
274 | (22) "Spaceport system" means the programs, organizations, |
275 | and infrastructure developed by the authority for the |
276 | development of facilities or activities to enhance and provide |
277 | commercial space-related development opportunities for business, |
278 | education, and government within the state. |
279 | (18)(23) "Spaceport territory" means the geographical area |
280 | designated in s. 331.304 and as amended or changed in accordance |
281 | with s. 331.329. |
282 | (19)(24) "Spaceport user" means any person who uses the |
283 | facilities or services of any spaceport; and, for the purposes |
284 | of any exemptions or rights granted under this act, the said |
285 | spaceport user shall be deemed a spaceport user only during the |
286 | time period in which the such person has in effect a contract, |
287 | memorandum of understanding, or agreement with the spaceport, |
288 | and such rights and exemptions shall be granted with respect to |
289 | transactions relating only to spaceport projects. |
290 | (20)(25) "Travel expenses" means the actual, necessary, |
291 | and reasonable costs of transportation, meals, lodging, and |
292 | incidental expenses normally incurred by a traveler, which costs |
293 | are defined and prescribed by rules adopted by Space Florida the |
294 | authority, subject to approval by the Chief Financial Officer. |
295 | (21)(26) "Spaceport discretionary capacity improvement |
296 | projects" means capacity improvements that enhance space |
297 | transportation capacity at spaceports that have had one or more |
298 | orbital or suborbital flights during the previous calendar year |
299 | or have an agreement in writing for installation of one or more |
300 | regularly scheduled orbital or suborbital flights upon the |
301 | commitment of funds for stipulated spaceport capital |
302 | improvements. |
303 | Section 5. Section 331.305, Florida Statutes, is amended |
304 | to read: |
305 | 331.305 Powers of Space Florida the authority.--Space |
306 | Florida may The authority shall have the power to: |
307 | (1) Exercise all powers granted to corporations under the |
308 | Florida Business Corporation Act, chapter 607. |
309 | (2) Sue and be sued by its name in any court of law or in |
310 | equity. |
311 | (3) Adopt and use a corporate seal and alter the same at |
312 | pleasure. |
313 | (4) Review and make recommendations with respect to a |
314 | strategy to guide and facilitate the future of space-related |
315 | educational and commercial development. The authority shall in |
316 | coordination with the Federal Government, private industry, and |
317 | Florida universities develop a business plan which shall address |
318 | the expansion of Spaceport Florida locations, space launch |
319 | capacity, spaceport projects, and complementary activities, |
320 | which shall include, but not be limited to, a detailed analysis |
321 | of: |
322 | (a) The authority and the commercial space industry. |
323 | (b) Products, services description--potential, |
324 | technologies, skills. |
325 | (c) Market research and evaluation--customers, |
326 | competition, economics. |
327 | (d) Marketing plan and strategy. |
328 | (e) Design and development plan--tasks, difficulties, |
329 | costs. |
330 | (f) Manufacturing locations, facilities, and operations |
331 | plan. |
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, |
336 | community development. |
337 | (k) Financial plan (monthly for first year; quarterly for |
338 | next 3 years). |
339 | (l) Proposed authority offering--financing, |
340 | capitalization, use of funds. |
341 | (4)(5) Acquire property, real, personal, intangible, |
342 | tangible, or mixed, within or without its territorial limits, in |
343 | fee simple or any lesser interest or estate, by purchase, gift, |
344 | devise, or lease, on such terms and conditions as the board may |
345 | deem necessary or desirable, and sell or otherwise dispose of |
346 | the same and of any of the assets and properties of Space |
347 | Florida the authority. |
348 | (5)(6) Make and execute any and all contracts and other |
349 | instruments necessary or convenient to the exercise of its |
350 | powers, including financing agreements with persons or spaceport |
351 | users to facilitate the financing, construction, leasing, or |
352 | sale of any project. |
353 | (6)(7) Whenever deemed necessary by the board, lease as |
354 | lessor or lessee to or from any person, public or private, any |
355 | facilities or property for the use of Space Florida the |
356 | authority and carry out any of the purposes of Space Florida the |
357 | authority. |
358 | (8) Appoint, through its board of supervisors, an |
359 | executive director. |
360 | (7)(9) Own, acquire, construct, develop, create, |
361 | reconstruct, equip, operate, maintain, extend, and improve |
362 | launch pads, landing areas, ranges, payload assembly buildings, |
363 | payload processing facilities, laboratories, aerospace space |
364 | business incubators, launch vehicles, payloads, space flight |
365 | hardware, facilities and equipment for the construction of |
366 | payloads, space flight hardware, rockets, and other launch |
367 | vehicles, and other spaceport facilities and other aerospace- |
368 | related space-related systems, including educational, cultural, |
369 | and parking facilities and aerospace-related space-related |
370 | initiatives. |
371 | (8) Insure, coinsure, lend, and guarantee loans and to |
372 | originate for sale direct aerospace-related loans, pursuant to |
373 | criteria, bylaws, policies, and procedures adopted by the board. |
374 | (9) Capitalize, underwrite, and secure funding for |
375 | aerospace infrastructure, satellites, launch vehicles, and any |
376 | service that supports aerospace launches. |
377 | (10) Construct, lease, or sell aerospace infrastructure, |
378 | satellites, launch vehicles, and any other related activities |
379 | and services. |
380 | (11) Acquire, accept, or administer grants, contracts, and |
381 | fees from other organizations to perform activities that are |
382 | consistent with the purposes of this section. |
383 | (10) Undertake a program of advertising to the public |
384 | promoting space-related businesses or any spaceport projects of |
385 | the authority, and expend moneys and undertake such activities |
386 | to carry out such advertising and promotional program as the |
387 | board from time to time may determine. |
388 | (12)(11) Own, acquire, construct, reconstruct, equip, |
389 | operate, maintain, extend, or and improve transportation |
390 | facilities appropriate to meet the transportation requirements |
391 | of Space Florida the authority and activities conducted within |
392 | the spaceport territory. |
393 | (13)(12) Own, acquire, construct, reconstruct, equip, |
394 | operate, maintain, extend, or and improve electric power plants, |
395 | transmission lines and related facilities, gas mains and |
396 | facilities of any nature for the production or distribution of |
397 | natural gas, transmission lines and related facilities and |
398 | plants and facilities for the generation and transmission of |
399 | power through traditional and new and experimental sources of |
400 | power and energy; purchase electric power, natural gas, and |
401 | other sources of power for distribution within any spaceport |
402 | territory; develop and operate water and sewer systems and waste |
403 | collection and disposal consistent with chapter 88-130, Laws of |
404 | Florida; and develop and operate such new and experimental |
405 | public utilities, including, but not limited to, centrally |
406 | distributed heating and air-conditioning facilities and |
407 | services, closed-circuit television systems, and computer |
408 | services and facilities, as the board may from time to time |
409 | determine. However, Space Florida may the authority shall not |
410 | construct any system, work, project, or utility authorized to be |
411 | constructed under this paragraph in the event that a system, |
412 | work, project, or utility of a similar character is being |
413 | actually operated by a municipality or private company in the |
414 | municipality or territory adjacent thereto, unless such |
415 | municipality or private company consents to such construction. |
416 | (14)(13) Designate, set aside, and maintain lands and |
417 | areas within or without the territorial limits of any spaceport |
418 | territory as conservation areas or bird and wildlife |
419 | sanctuaries; stock such areas with animal and plant life and |
420 | stock water areas with fish and other aquatic life; adopt |
421 | pursuant to ss. 120.536(1) and 120.54 promulgate and enforce |
422 | rules and regulations with respect thereto and protect and |
423 | preserve the natural beauty thereof; and do all acts necessary |
424 | or desirable in order to qualify such lands and areas as |
425 | conservation areas and sanctuaries under any of the laws of the |
426 | state or under federal law. |
427 | (15)(14) Establish a program for the control, abatement, |
428 | and elimination of mosquitoes and other noxious insects, |
429 | rodents, reptiles, and other pests throughout the spaceport |
430 | territory and undertake such works and construct such facilities |
431 | within or without the spaceport territory as may be determined |
432 | by the board to be needed to effectuate such program; abate and |
433 | suppress mosquitoes and other arthropods, whether disease- |
434 | bearing or pestiferous, within any spaceport territory when in |
435 | the judgment of the board such action is necessary or desirable |
436 | for the health and welfare of the inhabitants of or visitors to |
437 | any spaceport; and take any and all temporary or permanent |
438 | eliminative measures that the board may deem advisable. The |
439 | Legislature hereby finds and declares Space Florida the |
440 | authority eligible to receive state funds, supplies, services, |
441 | and equipment available or that may in the future become |
442 | available to mosquito or pest control districts, the provisions |
443 | of s. 388.021 notwithstanding. |
444 | (16)(15) Subject to the rules and regulations of the |
445 | appropriate water management district, own, acquire, construct, |
446 | reconstruct, equip, maintain, operate, extend, and improve water |
447 | and flood control facilities. The Legislature hereby finds and |
448 | declares Space Florida the authority eligible to receive moneys, |
449 | disbursements, and assistance from the state available to flood |
450 | control or water management districts and navigation districts |
451 | or agencies. |
452 | (17)(16) Own, acquire, construct, reconstruct, equip, |
453 | maintain, operate, extend, and improve public safety facilities |
454 | for the spaceport, including security stations, security |
455 | vehicles, fire stations, water mains and plugs, and fire trucks |
456 | and other vehicles and equipment; hire employees, security |
457 | officers, and firefighters; and undertake such works and |
458 | construct such facilities determined by the board to be |
459 | necessary or desirable to promote and ensure public safety |
460 | within the spaceport territory. |
461 | (18)(17) Hire, through its president executive director, a |
462 | safety officer with substantial experience in public safety |
463 | procedures and programs for space vehicle launching and related |
464 | hazardous operations. The safety officer shall monitor and |
465 | report on the safety and hazards of ground-based space |
466 | operations to the president executive director. |
467 | (18) Establish a personnel management system for hiring |
468 | employees and setting employee benefit packages. The personnel |
469 | of the authority shall not be considered to be within the state |
470 | employment system. |
471 | (19) Establish procedures, rules, and rates governing per |
472 | diem and travel expenses of its employees, the members of the |
473 | board of supervisors, and other persons authorized by the board |
474 | to incur such expenses. Except as otherwise provided in s. |
475 | 331.3101, such rules are subject to provisions of state law or |
476 | rules pertaining to per diem and travel expenses of public |
477 | officers, employees, or other persons authorized by an agency |
478 | head to incur such expenses. |
479 | (19)(20) Examine, develop, and use utilize new concepts, |
480 | designs, and ideas; own, acquire, construct, reconstruct, equip, |
481 | operate, maintain, extend, and improve experimental spaceport |
482 | facilities and services; and otherwise undertake, sponsor, |
483 | finance, and maintain such research activities, experimentation, |
484 | and development as the board may from time to time determine, in |
485 | connection with any of the projects that Space Florida the |
486 | authority is authorized to undertake pursuant to the powers and |
487 | authority vested in it by this act, and in order to promote the |
488 | development and utilization of new concepts, designs, and ideas |
489 | in the fields of space exploration, commercialization of the |
490 | space industry, and spaceport facilities. |
491 | (20)(21) Issue revenue bonds, assessment bonds, or any |
492 | other bonds or obligations authorized by the provisions of this |
493 | act or any other law, or any combination of the foregoing, and |
494 | pay all or part of the cost of the acquisition, construction, |
495 | reconstruction, extension, repair, improvement, or maintenance |
496 | of any project or combination of projects, including payloads |
497 | and space flight hardware, and equipment for research, |
498 | development, and educational activities, to provide for any |
499 | facility, service, or other activity of Space Florida the |
500 | authority, and provide for the retirement or refunding of any |
501 | bonds or obligations of Space Florida the authority, or for any |
502 | combination of the foregoing purposes. Space Florida The |
503 | authority must provide 14 days' notice to the presiding officers |
504 | and appropriations chairs of both houses of the Legislature |
505 | prior to presenting a bond proposal to the Governor and Cabinet. |
506 | If either presiding officer or appropriations chair objects to |
507 | the bonding proposal within the 14-day-notice period, the bond |
508 | issuance may be approved only by a vote of three-fourths two- |
509 | thirds of the members of the Governor and Cabinet. |
510 | (21)(22) Make expenditures for entertainment and travel |
511 | expenses and business clients, guests, and other authorized |
512 | persons as provided in this act. |
513 | (22)(23) In connection with any financing agreement, fix |
514 | and collect fees, loan payments, rental payments, and other |
515 | charges for the use of any project in such amount as to provide |
516 | sufficient moneys to pay the principal of and interest on bonds |
517 | as the same shall become due and payable, if so provided in the |
518 | bond resolution or trust agreement, and to create reserves for |
519 | such purposes. The fees, rents, payments, and charges and all |
520 | other revenues and proceeds derived from the project in |
521 | connection with which the bonds of any issue shall have been |
522 | issued, except such part thereof as may be necessary for such |
523 | reserves or any expenditures as may be provided in the |
524 | resolution authorizing the issuance of the bonds or in the trust |
525 | agreement securing the same, shall be set aside, at the time as |
526 | may be specified in the resolution or trust agreement, in a |
527 | sinking fund which may be pledged to and charged with the |
528 | payment of the principal of and the interest on such bonds as |
529 | the same shall become due and the redemption price or the |
530 | purchase price of bonds retired by call or purchase as therein |
531 | provided. Such pledge is shall be valid and binding from the |
532 | time the pledge is made. The fees, rents, charges, and other |
533 | revenues and moneys so pledged and thereafter received by or on |
534 | behalf of Space Florida the authority shall immediately be |
535 | subject to the lien of any such pledge without any physical |
536 | delivery thereof or further act, and the lien of any such pledge |
537 | is shall be valid and binding as against all parties having |
538 | claims of any kind in tort, contract, or otherwise against Space |
539 | Florida the authority, irrespective of whether such parties have |
540 | notice thereof. Neither the resolution nor any trust agreement |
541 | by which a pledge is created need be filed or recorded, except |
542 | in the records of Space Florida the authority. The use and |
543 | disposition of money to the credit of the sinking fund shall be |
544 | subject to the provisions of the resolution authorizing the |
545 | issuance of such bonds or the provisions of such trust |
546 | agreement. |
547 | (24) Exercise the right and power of eminent domain in |
548 | spaceport territory as defined in s. 331.304. In exercising such |
549 | power, the authority shall comply with the procedures and |
550 | requirements of chapters 73 and 74. |
551 | Section 6. Section 331.3051, Florida Statutes, is created |
552 | to read: |
553 | 331.3051 Duties of Space Florida.--Space Florida shall: |
554 | (1) Create a business plan to foster the growth and |
555 | development of the aerospace industry. The business plan must |
556 | address business development; finance; spaceport operations; |
557 | research and development; workforce development; and education. |
558 | The business plan must be completed by March 1, 2007, and be |
559 | revised when determined as necessary by the board. |
560 | (2) Consult and coordinate to the extent possible with the |
561 | Department of Education, the Department of Transportation, |
562 | Enterprise Florida, Inc., the Florida Commission on Tourism and |
563 | its direct-support organization, and Workforce Florida, Inc., |
564 | for the purpose of implementing this act. |
565 | (3) Consult with Enterprise Florida, Inc., in developing a |
566 | plan to retain, expand, attract, and create aerospace industry |
567 | entities, public or private, which results in the creation of |
568 | high-value-added businesses and jobs in this state. |
569 | (4) Create a marketing campaign to help attract, develop, |
570 | and retain aerospace businesses, aerospace research and |
571 | technology, and other related activities in this state. The |
572 | campaign must be coordinated with any existing economic- |
573 | development-promotion efforts in this state and may use private |
574 | resources. Marketing strategies may include developing |
575 | promotional materials, Internet and print advertising, public |
576 | relations and media placement, trade show attendance, and other |
577 | activities. |
578 | (5) Develop, with input from Enterprise Florida, Inc., and |
579 | the Florida Commission on Tourism and its direct-support |
580 | organization, a public advertising program promoting aerospace- |
581 | related activities, businesses, or any Space Florida projects. |
582 | (6) Develop, with input from Enterprise Florida, Inc., a |
583 | plan to finance aerospace businesses. The plan may include the |
584 | following activities: |
585 | (a) Assembling, publishing, and disseminating information |
586 | concerning financing opportunities and techniques for aerospace |
587 | projects, programs, and activities; sources of public and |
588 | private aerospace financing assistance; and sources of |
589 | aerospace-related financing. |
590 | (b) Organizing, hosting, and participating in seminars and |
591 | other forums designed to disseminate information and technical |
592 | assistance regarding aerospace-related financing. |
593 | (c) Coordinating with programs and goals of the Department |
594 | of Defense, the National Aeronautics and Space Administration, |
595 | the Export-Import Bank of the United States, the International |
596 | Trade Administration of the United States Department of |
597 | Commerce, the Foreign Credit Insurance Association, and other |
598 | private and public programs and organizations, domestic and |
599 | foreign. |
600 | (d) Establishing a network of contacts among those |
601 | domestic and foreign public and private organizations that |
602 | provide information, technical assistance, and financial support |
603 | to the aerospace industry. |
604 | (7) Carry out its responsibilities for spaceport |
605 | operations by: |
606 | (a) Seeking federal support and developing partnerships to |
607 | renew and upgrade the infrastructure and technologies at the |
608 | Cape Canaveral Air Force Station, the John F. Kennedy Space |
609 | Center, and the Eastern Range that will enhance space and |
610 | military programs of the Federal Government, and improve access |
611 | for commercial launch activities. |
612 | (b) Supporting federal efforts to clarify roles and |
613 | responsibilities of federal agencies, and eliminating |
614 | duplicative federal rules and policies, in an effort to |
615 | streamline access for commercial launch users. |
616 | (c) Pursuing the development of additional commercial |
617 | spaceports in the state through a competitive request for |
618 | proposals in partnership with counties or municipalities, the |
619 | Federal Government, or private entities. |
620 | (d) Promoting and facilitating launch activity within the |
621 | state by supporting and assisting commercial launch operators in |
622 | completing and submitting required documentation and gaining |
623 | approvals and authorization from the required federal agencies |
624 | for launching from Florida. |
625 | (e) Consulting, as necessary, with the appropriate |
626 | federal, state, and local authorities, including the National |
627 | Aeronautics and Space Administration, the Federal Aviation |
628 | Administration, the Department of Defense, the Department of |
629 | Transportation, the Florida National Guard, and industry on all |
630 | aspects of establishing and operating spaceport infrastructure |
631 | and related facilities within the state. |
632 | (8) Carry out its responsibility for research and |
633 | development by: |
634 | (a) Contracting for the operations of the state's Space |
635 | Life Sciences Laboratory. |
636 | (b) Working in collaboration with one or more universities |
637 | and other public or private entities to develop a proposal for a |
638 | Center of Excellence for Aerospace that will foster and promote |
639 | the research necessary to develop commercially promising, |
640 | advanced, and innovative science and technology and will |
641 | transfer those discoveries to the commercial sector. |
642 | (9) Carry out its responsibility for workforce |
643 | development, with input from Workforce Florida, Inc., community |
644 | colleges, colleges, public and private universities, and other |
645 | public and private partners to develop a plan to retain, train, |
646 | and retrain workers, from entry-level skills training through to |
647 | technician-level, and 4-year degrees and higher, with the skills |
648 | most relevant to aerospace employers. |
649 | (10) Carry out its responsibility for creating innovative |
650 | education programs by funding programs developed in conjunction |
651 | with the Department of Education that target grades K-20 in an |
652 | effort to promote mathematics and science education programs, |
653 | which may include the Florida-NASA Matching Grant Program, |
654 | aerospace-focused education programs for teachers, education- |
655 | oriented microgravity flight programs for teachers and students, |
656 | and Internet-based aerospace education. Funds collected pursuant |
657 | to s. 212.20(6)(d) and any in-kind or private-sector |
658 | contribution may be used to carry out innovative education |
659 | programs. In its annual report, Space Florida shall include, at |
660 | a minimum, a description of programs funded, the number of |
661 | students served, and private-sector support. |
662 | (11) Annually report on its performance with respect to |
663 | its business plan, to include finance, spaceport operations, |
664 | research and development, workforce development, and education. |
665 | The report shall be submitted to the Governor, the President of |
666 | the Senate, and the Speaker of the House of Representatives no |
667 | later than September 1 for the prior fiscal year. |
668 | Section 7. Section 331.306, Florida Statutes, is amended |
669 | to read: |
670 | 331.306 Federal airspace notification.--In coordination |
671 | with the Florida Department of Transportation, Space Florida the |
672 | authority shall develop and file the federal airspace |
673 | notification required for priority airspace use. |
674 | Section 8. Section 331.308, Florida Statutes, is amended |
675 | to read: |
676 | 331.308 Board of directors supervisors.-- |
677 | (1) Space Florida shall be governed by a board of |
678 | directors. Designees of appointed members do not have voting |
679 | authority. The board of directors shall consist of the following |
680 | members: |
681 | (a) The Governor or the Governor's designee. |
682 | (b) The Secretary of Transportation or the secretary's |
683 | designee. |
684 | (c) The president of Workforce Florida, Inc., or the |
685 | president's designee. |
686 | (d) The president of Enterprise Florida, Inc., or the |
687 | president's designee. |
688 | (e) The president of the direct-support organization of |
689 | the Florida Commission on Tourism or the president's designee. |
690 | (f) The Commissioner of Education or the commissioner's |
691 | designee. |
692 | (g) Eight members from the private sector, one of whom |
693 | shall be a representative of organized labor, appointed by the |
694 | Governor. In making these appointments, the Governor shall |
695 | ensure that the composition of the board reflects the diversity |
696 | of the aerospace industry community of this state and, to the |
697 | greatest degree possible, that the composition of the board |
698 | includes, but is not limited to, individuals representing the |
699 | industries of business, finance, marketing, space, aerospace, |
700 | aviation, defense, research and development, and education. The |
701 | Governor shall also consider whether the current members of the |
702 | board, together with potential appointees, reflect the racial, |
703 | ethnic, and gender diversity, as well as the geographic |
704 | distribution, of the population of the state. |
705 | (h) Two ex officio, nonvoting members, one of whom shall |
706 | be a member of the Senate, selected by the President of the |
707 | Senate, and one of whom shall be a member of the House of |
708 | Representatives, selected by the Speaker of the House of |
709 | Representatives. |
710 | (i) Six members from the private sector, three of whom |
711 | shall be appointed by the President of the Senate and three of |
712 | whom shall be appointed by the Speaker of the House of |
713 | Representatives. |
714 | (2)(a) Vacancies on the board shall be filled for the |
715 | unexpired term in the same manner as the original appointments |
716 | to the board. |
717 | (b) Each member of the board of directors shall serve for |
718 | a term of 4 years, except that the initial terms shall be |
719 | staggered. |
720 | 1. The Governor shall appoint two members for a 1-year |
721 | term, two members for 2-year terms, and three members for 4-year |
722 | terms. |
723 | 2. The President of the Senate and the Speaker of the |
724 | House of Representatives shall each appoint one member for a 1- |
725 | year term, one member for a 2-year term, and one member for a 4- |
726 | year term. |
727 | (c) Any member is eligible for reappointment. |
728 | (3) Appointed members may be removed by the Governor for |
729 | cause. Absence from three consecutive meetings without good |
730 | cause shall result in automatic removal. |
731 | (4) All private sector members are subject to confirmation |
732 | by the Senate at the next regular session of the Legislature. |
733 | (5) The Governor shall serve as chair of the board of |
734 | directors. The board of directors shall biennially elect one of |
735 | its private sector members as vice chair to serve in the absence |
736 | of the Governor and to perform such other duties as may be |
737 | designated. The president shall keep a record of the proceedings |
738 | of the board of directors and shall be the custodian of all |
739 | books, documents, and papers filed with the board of directors, |
740 | the minutes of the board of directors, and the official seal of |
741 | Space Florida. |
742 | (6) The board of directors shall meet at least four times |
743 | each year, upon the call of the chair, at the request of the |
744 | vice chair, or at the request of a majority of the membership. A |
745 | majority of the total number of current voting directors shall |
746 | constitute a quorum. The board of directors may take official |
747 | action by a majority vote of the members present at any meeting |
748 | at which a quorum is present. |
749 | (7) Members of the board of directors shall serve without |
750 | compensation, but members, the president, and staff may be |
751 | reimbursed for all reasonable, necessary, and actual expenses, |
752 | as determined by the board of directors of Space Florida |
753 | pursuant to s. 112.061. |
754 | (8) Each member of the board of directors of Space Florida |
755 | who is not otherwise required to file financial disclosure |
756 | pursuant to s. 8, Art. II of the State Constitution or s. |
757 | 112.3144, shall file disclosure of financial interests pursuant |
758 | to s. 112.3145. |
759 | (9) Each member of the board of directors of Space Florida |
760 | must be a resident of this state. There is created within the |
761 | Florida Space Authority a board of supervisors consisting of |
762 | eight regular members, who shall be appointed by the Governor, |
763 | and two ex officio nonvoting members, one of whom shall be a |
764 | state senator selected by the President of the Senate and one of |
765 | whom shall be a state representative selected by the Speaker of |
766 | the House of Representatives. The Lieutenant Governor, who is |
767 | the state's space policy leader, shall serve as chair of the |
768 | board of supervisors, and shall cast the deciding vote if the |
769 | votes of the eight regular members result in a tie. The board |
770 | shall elect a vice chair to preside in the absence of the |
771 | Lieutenant Governor and to perform such other duties as may be |
772 | designated. All regular members shall be subject to confirmation |
773 | by the Senate at the next regular session of the Legislature. |
774 | Existing board members are not prohibited from reappointment. |
775 | Each of the regular board members must be a resident of the |
776 | state and must have experience in the aerospace or commercial |
777 | space industry or in finance or have other significant relevant |
778 | experience. A private sector legal entity may not have more than |
779 | one person serving on the board at any one time. One regular |
780 | member shall represent organized labor interests, one regular |
781 | member shall represent minority interests, and four regular |
782 | members must represent space industry, at least one of whom must |
783 | also be from a small business, as defined in s. 288.703. For the |
784 | purpose of this section, "space industry" includes private |
785 | sector entities engaged in space flight business, as defined in |
786 | s. 212.031, research and technology development of space-based |
787 | products and services, space station commercialization, |
788 | development of spaceport and range technology, remote sensing |
789 | products and services, space biotechnology, measurement and |
790 | calibration of space assets, space-related software and |
791 | information technology development, design and architecture of |
792 | space-based assets and facilities for manufacturing and other |
793 | purposes, space-related nanotechnology, space tourism, and other |
794 | commercial enterprises utilizing uniquely space-based |
795 | capabilities. |
796 | (2) Each regular member shall serve a term of 4 years or |
797 | until a successor is appointed and qualified. The term of each |
798 | such member shall be construed to commence on the date of |
799 | appointment and to terminate on June 30 of the year of the end |
800 | of the term. Appointment to the board shall not preclude any |
801 | such member from holding any other private or public position. |
802 | (3) The ex officio nonvoting legislative members shall |
803 | serve on the board for 2-year terms. |
804 | (4) Any vacancy on the board shall be filled for the |
805 | balance of the unexpired term. |
806 | (5) The board shall appoint an executive director. |
807 | Meetings shall be held quarterly or more frequently at the call |
808 | of the chair. A majority of the regular members of the board |
809 | shall constitute a quorum, and a majority vote of such members |
810 | present is necessary for any action taken by the board. |
811 | (6) The Governor has the authority to remove from the |
812 | board any regular member in the manner and for cause as defined |
813 | by the laws of this state and applicable to situations that may |
814 | arise before the board. Unless excused by the chair of the |
815 | board, a regular member's absence from two or more consecutive |
816 | board meetings creates a vacancy in the office to which the |
817 | member was appointed. |
818 | Section 9. Section 331.309, Florida Statutes, is amended |
819 | to read: |
820 | 331.309 Treasurer; depositories; fiscal agent.-- |
821 | (1) The board shall designate an individual who is a |
822 | resident of the state, or a qualified public depository as |
823 | defined in s. 280.02, as treasurer of Space Florida the |
824 | authority, who shall have charge of the funds of Space Florida |
825 | the authority. Such funds shall be disbursed only upon the order |
826 | of or pursuant to the resolution of the board by warrant, check, |
827 | authorization, or direct deposit pursuant to s. 215.85, signed |
828 | or authorized by the treasurer or his or her representative or |
829 | by such other persons as may be authorized by the board. The |
830 | board may give the treasurer such other or additional powers and |
831 | duties as the board may deem appropriate and shall establish the |
832 | treasurer's compensation. The board may require the treasurer to |
833 | give a bond in such amount, on such terms, and with such |
834 | sureties as may be deemed satisfactory to the board to secure |
835 | the performance by the treasurer of his or her powers and |
836 | duties. The board shall audit or have audited the books of the |
837 | treasurer at least once a year. |
838 | (2) The board is authorized to select as depositories in |
839 | which the funds of the board and of Space Florida the authority |
840 | shall be deposited any qualified public depository as defined in |
841 | s. 280.02, upon such terms and conditions as to the payment of |
842 | interest by such depository upon the funds so deposited as the |
843 | board may deem just and reasonable. Funds of the authority may |
844 | also be deposited with the Florida Commercial Space Financing |
845 | Corporation created by s. 331.407. The funds of Space Florida |
846 | the authority may be kept in or removed from the State Treasury |
847 | upon written notification from the chair of the board to the |
848 | Chief Financial Officer. |
849 | (3) The board may employ a fiscal agent, who shall be |
850 | either a resident of the state or a corporation organized under |
851 | the laws of this or any other state and authorized by such laws |
852 | to act as such fiscal agent in the state. |
853 | Section 10. Section 331.310, Florida Statutes, is amended |
854 | to read: |
855 | 331.310 Powers and duties of the board of directors |
856 | supervisors.--Except as otherwise provided in this act, all of |
857 | the powers and duties of the authority shall be exercised by and |
858 | through the board of supervisors, including the power and duty |
859 | to: |
860 | (1) The board of directors may: Adopt bylaws, rules, |
861 | resolutions, and orders prescribing the powers, duties, and |
862 | functions of the officers of the authority, the conduct of the |
863 | business of the authority, the maintenance of records, and the |
864 | form of all documents and records of the authority. The board |
865 | may adopt administrative rules and regulations with respect to |
866 | any of the projects of the authority, with notice and public |
867 | hearing. |
868 | (2) Maintain an executive office and authority offices in |
869 | close proximity to Kennedy Space Center. |
870 | (a)(3) Enter, and authorize any agent or employee of Space |
871 | Florida the authority to enter, upon any lands, waters, and |
872 | premises, upon giving reasonable notice and due process to the |
873 | land owner, for the purposes of making surveys, soundings, |
874 | drillings, appraisals, and examinations necessary to perform its |
875 | duties and functions. Any such entry shall not be deemed a |
876 | trespass or an entry that would constitute a taking in an |
877 | eminent domain proceeding. Space Florida The authority shall |
878 | make reimbursement for any actual damages to such lands, waters, |
879 | and premises as a result of such activity. |
880 | (b)(4) Execute all contracts and other documents, adopt |
881 | all proceedings, and perform all acts determined by the board to |
882 | be necessary or desirable to carry out the purposes of this act. |
883 | The board may authorize one or more members of the board to |
884 | execute contracts and other documents on behalf of the board or |
885 | Space Florida the authority. |
886 | (c)(5) Establish and create such departments, committees, |
887 | or other entities agencies as from time to time the board may |
888 | deem necessary or desirable in the performance of any acts or |
889 | other things necessary to the exercise of the powers provided in |
890 | this act, and delegate to such departments, boards, or other |
891 | agencies such administrative duties and other powers as the |
892 | board may deem necessary or desirable. |
893 | (6) Appoint a person to act as executive director of the |
894 | authority, having such official title, functions, duties, |
895 | powers, and salary as the board may prescribe. |
896 | (d)(7) Examine, and authorize any officer or agent of |
897 | Space Florida the authority to examine, the county tax rolls |
898 | with respect to the assessed valuation of the real and personal |
899 | property within any spaceport territory. |
900 | (e)(8) Engage in the planning and implementation of space- |
901 | related economic and educational development within the state. |
902 | (f) Provide the strategic direction for the aerospace- |
903 | related research priorities of the state and its aerospace- |
904 | related businesses, the scope of research projects for Space |
905 | Florida, and the timeframe for completion of the projects. |
906 | (g)(9) Execute intergovernmental agreements and |
907 | development agreements consistent with prevailing statutory |
908 | provisions, including, but not limited to, special benefits or |
909 | tax increment financing initiatives. |
910 | (h) Finance aerospace business development projects or |
911 | initiatives using the funds collected pursuant to s. |
912 | 212.20(6)(d). |
913 | (i)(10) Establish reserve funds for future board |
914 | operations. |
915 | (j)(11) Adopt rules pursuant to chapter 120 to carry out |
916 | the purposes of this act. |
917 | (2) The board of directors shall: |
918 | (a) Adopt bylaws, rules, resolutions, and orders |
919 | prescribing the powers, duties, and functions of Space Florida |
920 | to conduct the business of Space Florida, the maintenance of |
921 | records, and the form of all documents and records of Space |
922 | Florida. The board may adopt rules with respect to any of the |
923 | projects of Space Florida with notice and a public hearing. |
924 | (b) Maintain an executive office and Space Florida offices |
925 | in close proximity to the John F. Kennedy Space Center. |
926 | (c) Appoint a person to act as the president of Space |
927 | Florida, having such official title, functions, duties, powers, |
928 | and salary as the board may prescribe. |
929 | (d)(12) Abide by all applicable federal labor laws in the |
930 | construction and day-to-day operations of Space Florida the |
931 | authority and any spaceport. Further, the board shall establish, |
932 | by rule and regulation, pursuant to chapter 120, policies and |
933 | procedures for the construction and operation of Space Florida |
934 | the authority and any spaceport. The Said policies and |
935 | procedures shall be such that when Space Florida the authority |
936 | expends federal funds for construction or operation of any |
937 | spaceport project, Space Florida the authority will be subject |
938 | to the federal labor laws observed at the Kennedy Space Center |
939 | and Cape Canaveral Air Force Station, Florida, applicable as a |
940 | result of such federal expenditures. |
941 | (e)(13) Prepare an annual report of operations. The Said |
942 | report shall include, but not be limited to, a balance sheet, an |
943 | income statement, a statement of changes in financial position, |
944 | a reconciliation of changes in equity accounts, a summary of |
945 | significant accounting principles, the auditor's report, a |
946 | summary of the status of existing and proposed bonding projects, |
947 | comments from management about the year's business, and |
948 | prospects for the next year, which shall be submitted each year |
949 | by December 31 November 30 to the Governor, the President of the |
950 | Senate, the Speaker of the House of Representatives, the |
951 | minority leader of the Senate, and the minority leader of the |
952 | House of Representatives. |
953 | (f) Establish a personnel management system for hiring |
954 | employees and establishing employee's benefit packages. |
955 | Personnel 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 |
958 | to read: |
959 | 331.3101 Space Florida Space Authority; travel and |
960 | entertainment expenses.-- |
961 | (1) Notwithstanding the provisions of s. 112.061, Space |
962 | Florida the authority shall adopt rules by which it may make |
963 | expenditures by advancement or reimbursement, or a combination |
964 | thereof, to Space Florida authority officers and employees; |
965 | reimburse business clients, guests, and authorized persons as |
966 | defined in s. 112.061(2)(e); and make direct payments to third- |
967 | party vendors: |
968 | (a) For travel expenses of such business clients, guests, |
969 | and authorized persons incurred by Space Florida the authority |
970 | in connection with the performance of its statutory duties, and |
971 | for travel expenses incurred by state officials and state |
972 | employees while accompanying such business clients, guests, or |
973 | authorized persons or when authorized by the board or its |
974 | designee. |
975 | (b) For entertainment expenses of such guests, business |
976 | clients, and authorized persons incurred by Space Florida the |
977 | authority in connection with the performance of its statutory |
978 | duties, and for entertainment expenses incurred for Space |
979 | Florida authority officials and employees when such expenses are |
980 | incurred while in the physical presence of such business |
981 | clients, guests, or authorized persons. |
982 | (2) The rules shall be subject to approval by the Chief |
983 | Financial Officer before adoption prior to promulgation. The |
984 | rules shall require the submission of paid receipts, or other |
985 | proof prescribed by the Chief Financial Officer, with any claim |
986 | for reimbursement, and shall require, as a condition for any |
987 | advancement, an agreement to submit paid receipts or other proof |
988 | and to refund any unused portion of the advancement within 15 |
989 | days after the expense is incurred or, if the advancement is |
990 | made in connection with travel, within 15 days after completion |
991 | of the travel. However, with respect to an advancement made |
992 | solely for travel expenses, the rules may allow paid receipts or |
993 | other proof to be submitted, and any unused portion of the |
994 | advancement to be refunded, within 30 days after completion of |
995 | the travel. |
996 | (3) An annual report shall be made to the Legislature not |
997 | later than September 1 November 30 of each year for the previous |
998 | fiscal year, which shall consist of a synopsis concisely |
999 | summarizing all travel, entertainment, and incidental expenses |
1000 | incurred within the United States and, separately, all travel, |
1001 | entertainment, and incidental expenses incurred outside the |
1002 | United States. |
1003 | (4) A No claim submitted under this section is not shall |
1004 | be required to be sworn to before a notary public or other |
1005 | officer authorized to administer oaths, but any claim authorized |
1006 | or required to be made under any provision of this section must |
1007 | shall contain a statement that the expenses were actually |
1008 | incurred as necessary travel or entertainment expenses in the |
1009 | performance of official duties of Space Florida the authority |
1010 | and shall be verified by written declaration that it is true and |
1011 | correct as to every material matter. Any person who willfully |
1012 | makes and subscribes to any such claim which the person does not |
1013 | believe to be true and correct as to every material matter or |
1014 | who willfully aids or assists in, or procures, counsels, or |
1015 | advises, the preparation or presentation of a claim pursuant to |
1016 | this section, which claim is fraudulent or false as to any |
1017 | material matter, whether or not such falsity or fraud is with |
1018 | the knowledge or consent of the person authorized or required to |
1019 | present such claim, commits a misdemeanor of the second degree, |
1020 | punishable as provided in s. 775.082 or s. 775.083. Whoever |
1021 | receives an advancement or reimbursement by means of a false |
1022 | claim is civilly liable, in the amount of the overpayment, for |
1023 | the reimbursement of the public fund from which the claim was |
1024 | paid. |
1025 | Section 12. Section 331.311, Florida Statutes, is amended |
1026 | to read: |
1027 | 331.311 Exercise by Space Florida authority of its powers |
1028 | within municipalities and other political subdivisions.--Space |
1029 | Florida may The authority shall have the power to exercise any |
1030 | of its rights, powers, privileges, and authority in any and all |
1031 | portions of any spaceport territory lying within the boundaries |
1032 | of any municipal corporation or other political subdivision, |
1033 | heretofore or hereafter created or organized, whose boundaries |
1034 | lie wholly or partly within the geographical limits of the |
1035 | spaceport territory, to the same extent and in the same manner |
1036 | as in areas of the spaceport territory not incorporated as part |
1037 | of a municipality or other political subdivision. With respect |
1038 | to any municipal corporation or other political subdivision |
1039 | whose boundaries lie partly within and partly without the |
1040 | geographical limits of the spaceport territory, Space Florida |
1041 | may the authority shall have the power to exercise its rights, |
1042 | powers, privileges, and authority only within the portion of the |
1043 | such municipal corporation or other political subdivision lying |
1044 | within the boundaries of the spaceport territory. |
1045 | Section 13. Section 331.312, Florida Statutes, is amended |
1046 | to read: |
1047 | 331.312 Furnishing facilities and services within the |
1048 | spaceport territory.--Space Florida may The authority shall have |
1049 | the power to construct, develop, create, maintain, and operate |
1050 | its projects within the geographical limits of the spaceport |
1051 | territory, including any portions of the spaceport territory |
1052 | located inside the boundaries of any incorporated municipality |
1053 | or other political subdivision, and to offer, supply, and |
1054 | furnish the facilities and services provided for in this act to, |
1055 | and to establish and collect fees, rentals, and other charges |
1056 | from, persons, public or private, within the geographical limits |
1057 | of the spaceport territory and for the use of Space Florida the |
1058 | authority itself. |
1059 | Section 14. Section 331.313, Florida Statutes, is amended |
1060 | to read: |
1061 | 331.313 Power of Space Florida the authority with respect |
1062 | to roads.--Within the territorial limits of any spaceport |
1063 | territory, Space Florida may the authority has the right to |
1064 | acquire, through purchase or interagency agreement, or as |
1065 | otherwise provided in law, and to construct, control, and |
1066 | maintain, roads deemed necessary by Space Florida the authority |
1067 | and connections thereto and extensions thereof now or hereafter |
1068 | acquired, constructed, or maintained in accordance with |
1069 | established highway safety standards; provided that, in the |
1070 | event a road being addressed by Space Florida the authority is |
1071 | owned by another agency or jurisdiction, Space Florida the |
1072 | authority, before prior to proceeding with the proposed project |
1073 | or work activity, shall have either coordinated the desired work |
1074 | with the owning agency or jurisdiction or shall have |
1075 | successfully executed an interagency agreement with the owning |
1076 | agency or jurisdiction. |
1077 | Section 15. Section 331.315, Florida Statutes, is amended |
1078 | to read: |
1079 | 331.315 Maintenance of projects across rights-of- |
1080 | way.--Space Florida may The authority shall have the right to |
1081 | construct and operate its projects in, along, or under any |
1082 | streets, alleys, highways, or other public places or ways, and |
1083 | across any drain, ditch, canal, floodway, holding basin, |
1084 | excavation, railroad right-of-way, track, grade, fill, or cut; |
1085 | provided, however, Space Florida shall pay that just |
1086 | compensation, including fees, shall be paid by the authority for |
1087 | any damages arising from or private property taken by the |
1088 | exercise of such power. |
1089 | Section 16. Section 331.316, Florida Statutes, is amended |
1090 | to read: |
1091 | 331.316 Rates, fees, rentals, tolls, fares, and charges; |
1092 | procedure for adoption and modification; minimum revenue |
1093 | requirements.-- |
1094 | (1) To recover the costs of the spaceport facility or |
1095 | system, Space Florida may the authority shall have the power to |
1096 | prescribe, fix, establish, and collect rates, fees, rentals, |
1097 | tolls, fares, or other charges (hereinafter referred to as |
1098 | "revenues"), and to revise the same from time to time, for the |
1099 | facilities and services furnished or to be furnished by Space |
1100 | Florida the authority and the spaceport, including, but not |
1101 | limited to, launch pads, ranges, payload assembly and processing |
1102 | facilities, visitor and tourist facilities, transportation |
1103 | facilities, and parking and other related facilities, and may |
1104 | shall have the power to provide for reasonable penalties against |
1105 | any user or property for any such rates, fees, rentals, tolls, |
1106 | fares, or other charges that are delinquent. |
1107 | (2) The board may shall have the power to enter into |
1108 | contracts for the use of the projects of Space Florida the |
1109 | authority and for the services and facilities furnished or to be |
1110 | furnished by Space Florida the authority, including, but not |
1111 | limited to, launch services, payload assembly and processing, |
1112 | and other aerospace-related space-related services, for such |
1113 | consideration and on such other terms and conditions as the |
1114 | board may approve. Such contracts, and revenues or service |
1115 | charges received or to be received by Space Florida the |
1116 | authority thereunder, may be pledged as security for any of the |
1117 | bonds of Space Florida the authority. |
1118 | Section 17. Section 331.317, Florida Statutes, is amended |
1119 | to read: |
1120 | 331.317 Recovery of delinquent charges.--In the event that |
1121 | any of the rates, fees, rentals, tolls, fares, other charges, or |
1122 | delinquent penalties shall not be paid as and when due and shall |
1123 | be in default for 30 days or more, the unpaid balance thereof |
1124 | and all interest accrued thereon, together with attorney's fees |
1125 | and costs, may be recovered by Space Florida the authority in a |
1126 | civil action. |
1127 | Section 18. Section 331.318, Florida Statutes, is amended |
1128 | to read: |
1129 | 331.318 Discontinuance of service.--In the event that the |
1130 | rates, fees, rentals, tolls, fares, or other charges for the |
1131 | services and facilities of any project are not paid when due, |
1132 | the board may shall have the power to discontinue and shut off |
1133 | the same until such rates, fees, rentals, tolls, fares, or other |
1134 | charges, including interest, penalties, and charges for the |
1135 | shutting off and discontinuance and the restoration of such |
1136 | services and facilities, are fully paid. Such delinquent rates, |
1137 | fees, rentals, tolls, fares, or other charges, together with |
1138 | interest, penalties, and charges for the shutting off and |
1139 | discontinuance and the restoration of such services and |
1140 | facilities, and reasonable attorney's fees and other expenses, |
1141 | may be recovered by Space Florida the authority by suit in any |
1142 | court of competent jurisdiction. Space Florida The authority may |
1143 | also enforce payment of such delinquent rates, fees, rentals, |
1144 | tolls, fares, or other charges by any other lawful method of |
1145 | enforcement. |
1146 | Section 19. Section 331.319, Florida Statutes, is amended |
1147 | to read: |
1148 | 331.319 Comprehensive planning; building and safety |
1149 | codes.--The board of directors may supervisors shall have the |
1150 | power to: |
1151 | (1) Adopt, and from time to time review, amend, |
1152 | supplement, or repeal, a comprehensive general plan for the |
1153 | physical development of the area within the spaceport territory |
1154 | in accordance with the objectives and purposes of this act and |
1155 | consistent with the comprehensive plans of the applicable county |
1156 | or counties and municipality or municipalities adopted pursuant |
1157 | to the Local Government Comprehensive Planning and Land |
1158 | Development Regulation Act, part II of chapter 163. |
1159 | (2) Prohibit within the spaceport territory the |
1160 | construction, alteration, repair, removal, or demolition, or the |
1161 | commencement of the construction, alteration, repair (except |
1162 | emergency repairs), removal, or demolition, of any building or |
1163 | structure, including, but not by way of limitation, public |
1164 | utility poles, lines, pipes, and facilities, without first |
1165 | obtaining a permit from the board or such other officer or |
1166 | agency as the board may designate, and to prescribe the |
1167 | procedure with respect to the obtaining of such permit. |
1168 | Section 20. Section 331.320, Florida Statutes, is amended |
1169 | to read: |
1170 | 331.320 Additional powers of board.--The board of |
1171 | directors may shall have the power within any spaceport |
1172 | territory to: |
1173 | (1) Adopt regulations to prohibit or control the pollution |
1174 | of air and water, and require certain location and placement of |
1175 | electrical power, telephone, and other utility lines, cables, |
1176 | pipes, and ducts. |
1177 | (2) Divide the spaceport territory into zones or districts |
1178 | of such number, shape, and area as the board may deem best |
1179 | suited to carry out the purposes of this act, and within and for |
1180 | each such district make regulations and restrictions as provided |
1181 | for in subsection (1). |
1182 | Section 21. Section 331.321, Florida Statutes, is amended |
1183 | to read: |
1184 | 331.321 Federal and other funds and aid.--Space Florida |
1185 | may The authority is authorized to accept, receive, and receipt |
1186 | for federal moneys, property, and other moneys or properties, |
1187 | either public or private, for the acquisition, planning, |
1188 | operation, construction, enlargement, improvement, maintenance, |
1189 | equipment, or development of programs, facilities, and sites |
1190 | therefor, and to comply with the provisions of the laws of the |
1191 | United States and any rules and regulations made thereunder for |
1192 | the expenditure of federal moneys. |
1193 | Section 22. Section 331.322, Florida Statutes, is amended |
1194 | to read: |
1195 | 331.322 Agreements with municipalities within any |
1196 | spaceport territory.--The board of directors and the governing |
1197 | body or bodies of any one or more municipalities located wholly |
1198 | or partly within any spaceport territory, whether now in |
1199 | existence or hereafter created, may are authorized to enter into |
1200 | and carry into effect contracts and agreements relating to the |
1201 | common powers, duties, and functions of the board and other |
1202 | officers, agents, and employees of Space Florida the authority, |
1203 | and the respective governing body or bodies of one or more such |
1204 | municipalities, and their respective officers, agents, and |
1205 | employees, to the end that there may be effective cooperation |
1206 | between and coordination of the efforts of such municipality or |
1207 | municipalities and Space Florida the authority in discharging |
1208 | their common functions, powers, and duties and in rendering |
1209 | services to the respective residents and property owners of such |
1210 | municipality or municipalities and Space Florida the authority. |
1211 | The board and the governing body or bodies of one or more such |
1212 | municipalities are further authorized to enter into and carry |
1213 | into effect contracts and agreements for the performance of any |
1214 | of their common functions, powers, and duties by a central |
1215 | agency or common agent of the contracting parties. |
1216 | Section 23. Section 331.323, Florida Statutes, is amended |
1217 | to read: |
1218 | 331.323 Cooperative agreements with the state, counties, |
1219 | and municipalities.-- |
1220 | (1) The state and the counties, municipalities, and other |
1221 | political subdivisions, public bodies, and agencies thereof, or |
1222 | any of them, whether now existing or hereafter created, are |
1223 | authorized to aid and cooperate with Space Florida the authority |
1224 | in carrying out any of the purposes and projects of Space |
1225 | Florida the authority, to enter into cooperative agreements with |
1226 | Space Florida the authority, to provide in any such cooperative |
1227 | agreement for the making of loans, gifts, grants, or |
1228 | contributions to Space Florida the authority and the granting |
1229 | and conveyance to Space Florida the authority of real or |
1230 | personal property of any kind or nature, or any interest |
1231 | therein, for the carrying out of the purpose and projects of |
1232 | Space Florida the authority; to covenant in any such cooperative |
1233 | agreement to pay all or any part of the costs of acquisition, |
1234 | planning, development, construction, reconstruction, extension, |
1235 | improvement, operation, and maintenance of any projects of Space |
1236 | Florida the authority; and to pay all or any part of the |
1237 | principal and interest on any bonds of Space Florida the |
1238 | authority. |
1239 | (2) The state and the counties, municipalities, and other |
1240 | political subdivisions, public bodies, and agencies thereof, or |
1241 | any of them, whether now existing or hereafter created, and |
1242 | Space Florida the authority created by this act, are further |
1243 | authorized to enter into cooperative agreements to provide for |
1244 | the furnishing by Space Florida the authority to the state or |
1245 | any county, municipality, or other political subdivision, public |
1246 | body, or agency thereof of any of the facilities and services of |
1247 | Space Florida the authority, or by the state or any county, |
1248 | municipality, or other political subdivision, public body, or |
1249 | agency thereof to Space Florida the authority and to persons |
1250 | within the spaceport territory of facilities and services of the |
1251 | type that Space Florida the authority is authorized to furnish |
1252 | or undertake, or such other facilities and services as may be |
1253 | determined necessary or desirable by the board for the carrying |
1254 | out of the purposes of this act. Without limitation of the |
1255 | foregoing, such cooperative agreements may provide for the |
1256 | furnishing by any county, municipality, or other political |
1257 | subdivision of fire and police protection for Space Florida the |
1258 | authority and persons and property within Space Florida the |
1259 | authority, and for the providing to Space Florida the authority |
1260 | of any services deemed necessary or desirable by the board for |
1261 | the proper functioning of Space Florida the authority. |
1262 | (3) Without limitation of the foregoing, the board may |
1263 | undertake and finance any of the projects of Space Florida the |
1264 | authority, in whole or in part, jointly with any municipality or |
1265 | municipalities, now existing or hereafter created, or in any |
1266 | other manner combine the projects of Space Florida the authority |
1267 | with the projects of such municipality or municipalities. |
1268 | (4) Any agreement of the type authorized by this section |
1269 | may be made and entered into under pursuant to this act for such |
1270 | time or times, not exceeding 40 years. |
1271 | Section 24. Section 331.324, Florida Statutes, is amended |
1272 | to read: |
1273 | 331.324 Contracts, grants, and contributions.--Space |
1274 | Florida may The authority shall have the power to make and enter |
1275 | all contracts and agreements necessary or incidental to the |
1276 | performance of the functions of Space Florida the authority and |
1277 | the execution of its powers, and to contract with, and to accept |
1278 | and receive grants or loans of money, material, or property |
1279 | from, any person, private or public, as the board shall |
1280 | determine to be necessary or desirable to carry out the purposes |
1281 | of this act, and in connection with any such contract, grant, or |
1282 | loan to stipulate and agree to such covenants, terms, and |
1283 | conditions as the board shall deem appropriate. |
1284 | Section 25. Section 331.325, Florida Statutes, is amended |
1285 | to read: |
1286 | 331.325 Environmental permits.--Space Florida The |
1287 | authority shall obtain required environmental permits in |
1288 | accordance with federal and state law and shall comply with the |
1289 | provisions of chapter 380. |
1290 | Section 26. Section 331.326, Florida Statutes, is amended |
1291 | to read: |
1292 | 331.326 Information relating to trade secrets |
1293 | confidential.--The records of Space Florida the authority |
1294 | regarding matters encompassed by this act are public records |
1295 | subject to the provisions of chapter 119. Any information held |
1296 | by Space Florida the authority which is a trade secret, as |
1297 | defined in s. 812.081, including trade secrets of Space Florida |
1298 | the authority, any spaceport user, or the space industry |
1299 | business, is confidential and exempt from the provisions of s. |
1300 | 119.07(1) and s. 24(a), Art. I of the State Constitution and may |
1301 | not be disclosed. If Space Florida the authority determines that |
1302 | any information requested by the public will reveal a trade |
1303 | secret, it shall, in writing, inform the person making the |
1304 | request of that determination. The determination is a final |
1305 | order as defined in s. 120.52. Any meeting or portion of a |
1306 | meeting of Space Florida's the authority's board of supervisors |
1307 | is exempt from the provisions of s. 286.011 and s. 24(b), Art. I |
1308 | of the State Constitution when the board is discussing trade |
1309 | secrets. Any public record generated during the closed portions |
1310 | of the such meetings, such as minutes, tape recordings, and |
1311 | notes, is confidential and exempt from the provisions of s. |
1312 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
1313 | Section 27. Section 331.327, Florida Statutes, is amended |
1314 | to read: |
1315 | 331.327 Foreign trade zone.--Space Florida may The |
1316 | authority shall have the power to apply to the Federal |
1317 | Government for a grant allowing the designation of any spaceport |
1318 | territory as a foreign trade zone pursuant to ss. 288.36 and |
1319 | 288.37. However, the designation of any spaceport territory as a |
1320 | foreign trade zone does shall not be deemed to authorize an |
1321 | exemption from any tax imposed by the state or by any political |
1322 | subdivision, agency, or instrumentality thereof. |
1323 | Section 28. Section 331.328, Florida Statutes, is amended |
1324 | to read: |
1325 | 331.328 Sovereign immunity.--Space Florida The authority |
1326 | shall be granted sovereign immunity in the same manner as the |
1327 | state under the laws and Constitution of the State of Florida. |
1328 | The state, by this section, hereby waives the sovereign immunity |
1329 | granted to the same extent as waived by the state under state |
1330 | law. |
1331 | Section 29. Section 331.329, Florida Statutes, is amended |
1332 | to read: |
1333 | 331.329 Changing boundary lines; annexation and exclusion |
1334 | of lands; creation of municipalities within the geographical |
1335 | limits of any spaceport territory; limitations on the furnishing |
1336 | of services within annexed areas.-- |
1337 | (1) The board of directors may at any time strike out or |
1338 | correct the description of any land within or claimed to be |
1339 | within the boundary lines of any spaceport territory upon the |
1340 | written consent of the owners of all the land that would be |
1341 | included or excluded from the boundary lines of any spaceport |
1342 | territory or otherwise affected by the taking of such action, |
1343 | and of the owners of not less than the majority in acreage of |
1344 | all lands within any spaceport territory. |
1345 | (a) The board may enlarge the geographical limits of any |
1346 | spaceport territory to include any lands not then within any |
1347 | spaceport territory: |
1348 | 1. Upon the written consent of the owners of all the land |
1349 | to be included in any spaceport territory and of the owners of |
1350 | not less than a majority in acreage of all the land then within |
1351 | any spaceport territory; or |
1352 | 2. By resolution of the board approved at a special |
1353 | election called for such purpose, by vote of a majority of |
1354 | freeholders residing within the area to be annexed and a |
1355 | majority of freeholders residing within any spaceport territory. |
1356 | (b) The board of directors may contract the geographical |
1357 | limits of any spaceport territory so as to exclude from any |
1358 | spaceport territory any land then within any spaceport |
1359 | territory: |
1360 | 1. Upon the written consent of the owners of all the land |
1361 | to be so excluded and of the owners of not less than a majority |
1362 | in acreage of all the land then within any spaceport territory; |
1363 | or |
1364 | 2. By resolution of the board approved at a special |
1365 | election called for such purpose, by vote of a majority of |
1366 | freeholders residing within the area to be excluded and a |
1367 | majority of the freeholders residing within any spaceport |
1368 | territory. |
1369 | (2) Land, including property situated thereon, added to |
1370 | any spaceport territory in the manner provided in subsection (1) |
1371 | shall from the time of its inclusion within such spaceport |
1372 | territory be subject to all assessments thereafter levied and |
1373 | assessed on all other land or property of any spaceport |
1374 | territory similarly situated. Land, including property situated |
1375 | thereon, excluded from any spaceport territory in the manner |
1376 | provided in subsection (1) shall from the date of such exclusion |
1377 | be exempt from assessments thereafter imposed by Space Florida |
1378 | the authority but shall not be exempt from assessments |
1379 | theretofore levied or due with respect to such land or property, |
1380 | or from subsequent installments of assessments theretofore |
1381 | levied or assessed with respect thereto, and such assessments |
1382 | may be enforced and collected by or on behalf of Space Florida |
1383 | the authority in the same manner as if such land or property |
1384 | continued to be within the geographical limits of any spaceport |
1385 | territory. |
1386 | (3) In the event that the geographical limits of any |
1387 | spaceport territory as set forth in s. 331.304 are revised so as |
1388 | to include within any spaceport territory any areas not |
1389 | presently contained within any spaceport territory, Space |
1390 | Florida may the authority shall not engage in the business of |
1391 | furnishing electric power for sale in such annexed area, unless |
1392 | Space Florida the authority shall offer to purchase from any |
1393 | person who is at the time engaged in the business of making, |
1394 | generating, or distributing electricity for sale within such |
1395 | annexed area, such portion of its electric plant and property |
1396 | suitable and used for such business in connection therewith as |
1397 | lies within the limits of such annexed area, in a manner |
1398 | consistent with law. |
1399 | (4) Space Florida The authority shall designate new launch |
1400 | pads outside the present designated spaceport territories by |
1401 | statutory amendment of s. 331.304. |
1402 | Section 30. Section 331.331, Florida Statutes, is amended |
1403 | to read: |
1404 | 331.331 Revenue bonds.-- |
1405 | (1) Revenue bonds issued by Space Florida the authority |
1406 | shall not be deemed revenue bonds issued by the state or its |
1407 | agencies for purposes of s. 11, Art. VII of the State |
1408 | Constitution and ss. 215.57-215.83. Space Florida The authority |
1409 | shall include in its annual report to the Governor and |
1410 | Legislature, as provided in s. 331.310, a summary of the status |
1411 | of existing and proposed bonding projects. |
1412 | (2) The issuance of revenue bonds may be secured by or |
1413 | payable from the gross or net pledge of the revenues to be |
1414 | derived from any project or combination of projects, from the |
1415 | rates, fees, rentals, tolls, fares, or other charges to be |
1416 | collected from the users of any project or projects; from any |
1417 | revenue-producing undertaking or activity of Space Florida the |
1418 | authority; or from any source of pledged security. Such bonds |
1419 | shall not constitute an indebtedness of Space Florida the |
1420 | authority unless such bonds are additionally secured by the full |
1421 | faith and credit of Space Florida the authority. Bonds issued by |
1422 | Space Florida the authority are not secured by the full faith |
1423 | and credit of the State of Florida and do not constitute an |
1424 | obligation, either general or special, thereof. |
1425 | (3) Any two or more projects may be combined and |
1426 | consolidated into a single project, and may thereafter be |
1427 | operated and maintained as a single project. The revenue bonds |
1428 | authorized herein may be issued to finance any one or more such |
1429 | projects separately, or to finance two or more such projects, |
1430 | regardless whether or not such projects have been combined and |
1431 | consolidated into a single project. If the board deems it |
1432 | advisable, the proceedings authorizing such revenue bonds may |
1433 | provide that Space Florida the authority may thereafter combine |
1434 | the projects then being financed or theretofore financed with |
1435 | other projects to be subsequently financed by Space Florida the |
1436 | authority shall be on a parity with the revenue bonds then being |
1437 | issued, all on such terms, conditions, and limitations as shall |
1438 | be provided, and may further provide that the revenues to be |
1439 | derived from the subsequent projects shall at the time of the |
1440 | issuance of such parity revenue bonds be also pledged to the |
1441 | holders of any revenue bonds theretofore issued to finance the |
1442 | revenue undertakings which are later combined with such |
1443 | subsequent projects. Space Florida The authority may pledge for |
1444 | the security of the revenue bonds a fixed amount, without regard |
1445 | to any fixed proportion of the gross revenues of any project. |
1446 | Section 31. Section 331.333, Florida Statutes, is amended |
1447 | to read: |
1448 | 331.333 Refunding bonds.--Space Florida The authority |
1449 | through its board may shall have the power to issue bonds to |
1450 | provide for the retirement or refunding of any bonds or |
1451 | obligations of Space Florida the authority that at the time of |
1452 | such issuance are or subsequently thereto become due and |
1453 | payable, or that at the time of issuance have been called or are |
1454 | or will be subject to call for redemption within 10 years |
1455 | thereafter, or the surrender of which can be procured from the |
1456 | holders thereof at prices satisfactory to the board. Refunding |
1457 | bonds may be issued at any time when in the judgment of the |
1458 | board such issuance will be advantageous to Space Florida the |
1459 | authority. The provisions of this act pertaining to bonds of |
1460 | Space Florida the authority shall, unless the context otherwise |
1461 | requires, govern the issuance of refunding bonds, the form and |
1462 | other details thereof, the rights of the holders thereof, and |
1463 | the duties of the board with respect to the same. |
1464 | Section 32. Section 331.334, Florida Statutes, is amended |
1465 | to read: |
1466 | 331.334 Pledging assessments and other revenues and |
1467 | properties as additional security on bonds.--Space Florida The |
1468 | authority may pledge as additional security for the payment of |
1469 | any of the bonds of Space Florida the authority its full faith |
1470 | and credit, and provide that such bonds shall be payable as to |
1471 | both principal and interest, and as to any reserve or other |
1472 | funds provided therefor, to the full extent that any revenues as |
1473 | defined in this act, assessments, or other funds, or any |
1474 | combination thereof, pledged therefor are insufficient for the |
1475 | full payment of the same, and provided further that no bonds |
1476 | shall be issued to the payment of which the full faith and |
1477 | credit of Space Florida the authority is pledged unless approved |
1478 | at an election in the manner provided by law. Space Florida The |
1479 | authority by resolution of the board may also pledge as |
1480 | additional security for said bonds the revenues from any project |
1481 | of Space Florida the authority, utility service, assessments, |
1482 | and any other sources of revenue or funds, or any combination of |
1483 | the foregoing, and may pledge or mortgage any of the properties, |
1484 | rights, interest, or other assets of Space Florida the |
1485 | authority. Bonds issued by Space Florida the authority are not |
1486 | secured by the full faith and credit of the State of Florida and |
1487 | do not constitute an obligation, either general or special, |
1488 | thereof. The board may also provide with respect to any bonds of |
1489 | Space Florida the authority that such bonds shall be payable, in |
1490 | whole or in part, as to principal amount or interest, or both, |
1491 | out of rates, fees, rentals, tolls, fares, or other charges |
1492 | collected with respect to any of the projects of Space Florida |
1493 | the authority. |
1494 | Section 33. Section 331.335, Florida Statutes, is amended |
1495 | to read: |
1496 | 331.335 Lien of pledges.--All pledges of revenues and |
1497 | assessments made pursuant to the provisions of this act shall be |
1498 | valid and binding from the time when such pledges are made. All |
1499 | such revenues and assessments so pledged and thereafter |
1500 | collected shall immediately be subject to the lien of such |
1501 | pledges without any physical delivery thereof or further action, |
1502 | and the lien of such pledges shall be valid and binding as |
1503 | against all parties having claims of any kind in tort, contract, |
1504 | or otherwise against Space Florida the authority, irrespective |
1505 | of whether such parties have notice thereof. |
1506 | Section 34. Section 331.336, Florida Statutes, is amended |
1507 | to read: |
1508 | 331.336 Issuance of bond anticipation notes.--In addition |
1509 | to the other powers provided for in this act and not in |
1510 | limitation thereof, Space Florida may the authority shall have |
1511 | the power, at any time from time to time after the issuance of |
1512 | any bonds of Space Florida the authority shall have been |
1513 | authorized, to borrow money for the purposes for which such |
1514 | bonds are to be issued in anticipation of the receipt of the |
1515 | proceeds of the sale of such bonds and to issue bond |
1516 | anticipation notes in a principal amount not in excess of the |
1517 | authorized maximum amount of such bond issue. Such notes shall |
1518 | be in such denomination or denominations, bear interest at such |
1519 | rate or rates, mature at such time or times, be renewable for |
1520 | such additional term or terms, and be in such form and executed |
1521 | in such manner as the board shall prescribe. Such notes may be |
1522 | sold at public sale, or if such notes shall be renewable notes, |
1523 | may be exchanged for notes then outstanding on such terms as the |
1524 | board shall determine. Such notes shall be paid from the |
1525 | proceeds of such bonds when issued. The board may in its |
1526 | discretion, in lieu of retiring the notes by means of bonds, |
1527 | retire them by means of current revenues or from any assessments |
1528 | levied for the payment of such bonds, but in such event a like |
1529 | amount of the bonds authorized shall not be issued. |
1530 | Section 35. Section 331.337, Florida Statutes, is amended |
1531 | to read: |
1532 | 331.337 Short-term borrowing.--Space Florida The authority |
1533 | at any time may obtain loans, in such amount and on such terms |
1534 | and conditions as the board may approve, for the purpose of |
1535 | paying any of the expenses of Space Florida the authority or any |
1536 | costs incurred or that may be incurred in connection with any of |
1537 | the projects of Space Florida the authority, which loans shall |
1538 | have such term or terms, be renewable for such term or terms, |
1539 | bear interest at such rate or rates, and be payable from and |
1540 | secured by a pledge of such funds, revenues, and assessments as |
1541 | the board may determine. For the purpose of defraying such costs |
1542 | and expenses, Space Florida the authority may issue negotiable |
1543 | notes, warrants, or other evidences of debt signed on behalf of |
1544 | Space Florida the authority by any one of the board, such notes |
1545 | or other evidences of indebtedness to be payable at such time or |
1546 | times, to bear interest at such rate or rates, and to be sold or |
1547 | discounted at such price or prices and on such term or terms as |
1548 | the board may deem advisable. The board may shall have the right |
1549 | to provide for the payment thereof by pledging the whole or any |
1550 | part of the funds, revenues, and assessments of Space Florida |
1551 | the authority. |
1552 | Section 36. Section 331.338, Florida Statutes, is amended |
1553 | to read: |
1554 | 331.338 Trust agreements.--In the discretion of the board, |
1555 | any issue of bonds may be secured by a trust agreement by and |
1556 | between Space Florida the authority and a corporate trustee |
1557 | which may be any trust company or bank having the powers of a |
1558 | trust company within or without the state. The resolution |
1559 | authorizing the issuance of the bonds or such trust agreement |
1560 | may pledge the revenues to be received from any projects of |
1561 | Space Florida the authority and any other authorized moneys to |
1562 | be used for the repayment of bonds, and may contain such |
1563 | provisions for protecting and enforcing the rights and remedies |
1564 | of the bondholders as the board may approve, including without |
1565 | limitation covenants setting forth the duties of Space Florida |
1566 | the authority in relation to the acquisition, planning, |
1567 | development, construction, reconstruction, improvement, |
1568 | maintenance, repair, operation, and insurance of any projects, |
1569 | the fixing and revision of the rates, fees, rentals, tolls, |
1570 | fares, and charges, and the custody, safeguarding, and |
1571 | application of all moneys, and for the employment of consulting |
1572 | engineers in connection with such acquisition, planning, |
1573 | development, construction, reconstruction, improvement, |
1574 | maintenance, repair, or operation. It shall be lawful for any |
1575 | bank or trust company incorporated under the laws of the state |
1576 | or the United States which may act as a depository of the |
1577 | proceeds of bonds or of revenues to furnish such indemnifying |
1578 | bonds or to pledge such securities as may be required by Space |
1579 | Florida the authority. Such resolution or trust agreement may |
1580 | set forth the rights and remedies of the bondholders and of the |
1581 | trustee, if any, and may restrict the individual right of action |
1582 | by bondholders. The board may provide for the payment of the |
1583 | proceeds of the sale of the bonds and the revenues of any |
1584 | project to such officer, board, or depository as it may |
1585 | designate for the custody thereof, and for the method of |
1586 | disbursement thereof, with such safeguards and restrictions as |
1587 | it may determine. All expenses incurred in carrying out the |
1588 | provisions of such resolution or trust agreement may be treated |
1589 | as part of the cost of the project to which such trust agreement |
1590 | pertains. |
1591 | Section 37. Section 331.339, Florida Statutes, is amended |
1592 | to read: |
1593 | 331.339 Sale of bonds.--Bonds may be sold in blocks or |
1594 | installments at different times, or an entire issue or series |
1595 | may be sold at one time. Bonds may only be sold at public sale |
1596 | after being advertised and publicly noticed, unless Space |
1597 | Florida the authority has previously complied with the |
1598 | provisions of s. 218.385. Bonds may be sold or exchanged for |
1599 | refunding bonds. Special assessment and revenue bonds may be |
1600 | delivered as payment by Space Florida the authority of the |
1601 | purchase price or lease of any project or part thereof, or a |
1602 | combination of projects or parts thereof, or as the purchase |
1603 | price of, or exchange for, any property, real, personal, or |
1604 | mixed, including franchises, or services rendered by any |
1605 | contractor, engineer, or other person, all at one time or in |
1606 | blocks from time to time, in such manner and upon such terms as |
1607 | the board in its discretion shall determine. The price or prices |
1608 | for 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 |
1611 | redemption or exchange, of outstanding obligations exchanged for |
1612 | refunding bonds. |
1613 | (3) In the case of special assessment or revenue bonds, |
1614 | the amount of any indebtedness to contractors or other persons |
1615 | paid with such bonds, or the fair value of any properties |
1616 | exchanged for the bonds, as determined by the board. |
1617 | Section 38. Section 331.340, Florida Statutes, is amended |
1618 | to read: |
1619 | 331.340 Authorization and form of bonds.--Bonds may be |
1620 | authorized by resolution or resolutions of the board which shall |
1621 | be adopted by a majority of all of the members thereof then in |
1622 | office and present at the meeting at which the resolution or |
1623 | resolutions are adopted and shall be approved as provided in s. |
1624 | 331.305. The resolution or resolutions of the board may be |
1625 | adopted at the same meeting at which they are introduced, and |
1626 | shall be published and noticed. The board may by resolution |
1627 | authorize the issuance of bonds, fix the aggregate amount of |
1628 | bonds to be issued, the purpose or purposes for which the moneys |
1629 | derived therefrom shall be expanded, the rate or rates of |
1630 | interest, the denomination of the bonds, whether or not the |
1631 | bonds are to be issued in one or more series, the date or dates |
1632 | thereof, the date or dates of maturity, which shall not exceed |
1633 | 40 years from their respective dates of issuance, the medium of |
1634 | payment, the place or places within or without the state where |
1635 | payment shall be made, registration privileges, redemption terms |
1636 | and privileges (whether with or without premium), the manner of |
1637 | execution, the form of the bonds including any interest coupons |
1638 | to be attached thereto, the manner of execution of bonds and |
1639 | coupons, and any and all other terms, covenants, and conditions |
1640 | thereof, and the establishment of reserve or other funds. Such |
1641 | authorizing resolution may further provide that such bonds may |
1642 | be executed manually or by engraved, lithographed, or facsimile |
1643 | signature, provided that where signatures are engraved, |
1644 | lithographed, or facsimile no bond shall be valid unless |
1645 | countersigned by a registrar or other officer designated by |
1646 | appropriate resolution of the board. The seal of Space Florida |
1647 | the authority may be affixed, lithographed, engraved, or |
1648 | otherwise reproduced in facsimile on such bonds. In case any |
1649 | officer whose signature or a facsimile of whose signature shall |
1650 | appear on any bonds or coupons shall cease to be such officer |
1651 | before the delivery of such bonds, such signature or facsimile |
1652 | shall nevertheless be valid and sufficient for all purposes the |
1653 | same as if the officer had remained in office until such |
1654 | delivery. |
1655 | Section 39. Section 331.343, Florida Statutes, is amended |
1656 | to read: |
1657 | 331.343 Defeasance.--The board may make such provision |
1658 | with respect to the defeasance of the right, title, and interest |
1659 | of the holders of any of the bonds and obligations of Space |
1660 | Florida the authority in any revenues, funds, or other |
1661 | properties by which such bonds are secured as the board deems |
1662 | appropriate and, without limitation on the foregoing, may |
1663 | provide that when such bonds or obligations become due and |
1664 | payable or shall have been called for redemption, and the whole |
1665 | amount of the principal and the interest and premium, if any, |
1666 | due and payable upon the bonds or obligations when outstanding |
1667 | shall be paid, or sufficient moneys or direct obligations of the |
1668 | United States Government the principal of and the interest on |
1669 | which when due will provide sufficient moneys, shall be held or |
1670 | deposited in trust for such purpose, and provision shall also be |
1671 | made for paying all other sums payable in connection with such |
1672 | bonds or other obligations, then and in such event the right, |
1673 | title, and interest of the holders of the bonds in any revenues, |
1674 | funds, or other properties by which such bonds are secured shall |
1675 | thereupon cease, terminate, and become void; and the board may |
1676 | apply any surplus in any sinking fund established in connection |
1677 | with such bonds or obligations and all balances remaining in all |
1678 | other funds or accounts other than money held for the redemption |
1679 | or payment of the bonds or other obligations to any lawful |
1680 | purpose of Space Florida the authority as the board shall |
1681 | determine. |
1682 | Section 40. Section 331.345, Florida Statutes, is amended |
1683 | to read: |
1684 | 331.345 Covenants.--Any resolution authorizing the |
1685 | issuance of bonds may contain such covenants as the board may |
1686 | deem advisable and all such covenants shall constitute valid and |
1687 | legally binding and enforceable contracts between Space Florida |
1688 | the authority and the bondholders, regardless of the time of |
1689 | issuance thereof. Such covenants may include, without |
1690 | limitation, covenants concerning the disposition of the bond |
1691 | proceeds, the use and disposition of project revenues, the |
1692 | pledging of revenues, and assessments, the obligations of Space |
1693 | Florida the authority with respect to the operation of the |
1694 | project and the maintenance of adequate project revenues, the |
1695 | issuance of additional bonds, the appointment, powers, and |
1696 | duties of trustees and receivers, the acquisition of outstanding |
1697 | bonds and obligations, restrictions on the establishing of |
1698 | competing projects or facilities, restrictions on the sale or |
1699 | disposal of the assets and property of Space Florida the |
1700 | authority, the priority of assessment liens, the priority of |
1701 | claims by bondholders on the taxing power of Space Florida the |
1702 | authority, the maintenance of deposits to assure the payment of |
1703 | revenues by users of spaceport facilities and services, the |
1704 | discontinuance of Space Florida authority services by reason of |
1705 | delinquent payments, acceleration upon default, the execution of |
1706 | necessary instruments, the procedure for amending or abrogating |
1707 | covenants with the bondholders, and such other covenants as may |
1708 | be deemed necessary or desirable for the security of the |
1709 | bondholders. |
1710 | Section 41. Section 331.346, Florida Statutes, is amended |
1711 | to read: |
1712 | 331.346 Validity of bonds; validation proceedings.--Any |
1713 | bonds issued by Space Florida the authority shall be |
1714 | incontestable in the hands of bona fide purchasers or holders |
1715 | for value and shall not be invalid because of any irregularity |
1716 | or defect in the proceedings for the issue and sale thereof. |
1717 | Prior to the issuance of any bonds, Space Florida the authority |
1718 | shall publish a notice at least once in a newspaper or |
1719 | newspapers published or of general circulation in the |
1720 | appropriate counties in the state, stating the date of adoption |
1721 | of the resolution authorizing such obligations, the amount, |
1722 | maximum rate of interest, and maturity of such obligations, and |
1723 | the purpose in general terms for which such obligations are to |
1724 | be issued, and further stating that no action or proceeding |
1725 | questioning the validity of such obligations or of the |
1726 | proceedings authorizing the issuance thereof, or of any |
1727 | covenants made therein, must be instituted within 20 days after |
1728 | the first publication of such notice, or the validity of such |
1729 | obligations, proceedings, and covenants shall not be thereafter |
1730 | questioned in any court whatsoever. If no such action or |
1731 | proceeding is so instituted within such 20-day period, then the |
1732 | validity of such obligations, proceedings, and covenants shall |
1733 | be conclusive, and all persons or parties whatsoever shall be |
1734 | forever barred from questioning the validity of such |
1735 | obligations, proceedings, or covenants in any court whatsoever. |
1736 | Section 42. Section 331.347, Florida Statutes, is amended |
1737 | to read: |
1738 | 331.347 Act furnishes full authority for issuance of |
1739 | bonds.--This act constitutes full and complete authority for the |
1740 | issuance of bonds and the exercise of the powers of Space |
1741 | Florida the authority provided herein. Any and all bonds issued |
1742 | by Space Florida the authority shall not be secured by the full |
1743 | faith and credit of the State of Florida and do not constitute |
1744 | an obligation, either general or special, thereof. |
1745 | Section 43. Section 331.348, Florida Statutes, is amended |
1746 | to read: |
1747 | 331.348 Investment of funds.--The board may in its |
1748 | discretion invest funds of Space Florida the authority through |
1749 | the Chief Financial Officer or in: |
1750 | (1) Direct obligations of or obligations guaranteed by the |
1751 | United States or for the payment of the principal and interest |
1752 | of which the faith and credit of the United States is pledged; |
1753 | (2) Bonds or notes issued by any of the following federal |
1754 | agencies: Bank for Cooperatives; federal intermediate credit |
1755 | banks; federal home loan bank system; federal land banks; or the |
1756 | Federal National Mortgage Association (including debentures or |
1757 | participating certificates issued by such association); |
1758 | (3) Public housing bonds issued by public housing |
1759 | authorities and secured by a pledge or annual contributions |
1760 | under an annual contribution contract or contracts with the |
1761 | United States; |
1762 | (4) Bonds or other interest-bearing obligations of any |
1763 | county, district, city, or town located in the state for which |
1764 | the full faith and credit of such political subdivision is |
1765 | pledged; |
1766 | (5) Any investment authorized for insurers by ss. 625.306- |
1767 | 625.316 and amendments thereto; or |
1768 | (6) Any investment authorized under s. 17.57 and |
1769 | amendments thereto. |
1770 | Section 44. Section 331.349, Florida Statutes, is amended |
1771 | to read: |
1772 | 331.349 Fiscal year of Space Florida the authority.--The |
1773 | board may has the power to establish and from time to time |
1774 | redetermine the fiscal year of Space Florida the authority. |
1775 | Unless the board otherwise provides, Space Florida's the |
1776 | authority's fiscal year shall be July 1 through June 30. |
1777 | Section 45. Section 331.350, Florida Statutes, is amended |
1778 | to read: |
1779 | 331.350 Insurance coverage of Space Florida the authority; |
1780 | safety program.-- |
1781 | (1) Notwithstanding any other provision of law, the State |
1782 | Risk Management Trust Fund established under s. 284.30 may shall |
1783 | not insure buildings and property owned or leased by Space |
1784 | Florida the authority. |
1785 | (2) Notwithstanding any other provision of law, the State |
1786 | Risk Management Trust Fund established under s. 284.30 may shall |
1787 | not insure against any liability of Space Florida the authority. |
1788 | (3) Space Florida The authority shall establish a safety |
1789 | program. The safety program shall include: |
1790 | (a) The development and implementation of a loss |
1791 | prevention program which shall consist of a comprehensive |
1792 | authority wide safety program for all of Space Florida, |
1793 | including a statement, established by the board of directors |
1794 | supervisors, of safety policy and responsibility. |
1795 | (b) Provision for regular and periodic facility and |
1796 | equipment inspections. |
1797 | (c) Investigation of job-related employee accidents and |
1798 | other accidents occurring on the premises of Space Florida the |
1799 | authority or within areas of its jurisdiction. |
1800 | (d) Establishment of a program to promote increased safety |
1801 | awareness among employees, agents, and subcontractors of Space |
1802 | Florida the authority. |
1803 | (4)(a) Space Florida The authority shall, if available, |
1804 | secure insurance coverage within reasonable limits for liability |
1805 | which may arise as a consequence of its responsibilities. |
1806 | (b) Space Florida The authority shall, if available, and |
1807 | if cost-effective, secure insurance coverage on its buildings, |
1808 | facilities, and property at reasonable levels. |
1809 | (c) Space Florida The authority, with respect to the |
1810 | purchase of insurance, shall be subject to the applicable |
1811 | provisions of chapter 287 and other applicable law. |
1812 | Section 46. Section 331.351, Florida Statutes, is amended |
1813 | to read: |
1814 | 331.351 Participation by women, minorities, and socially |
1815 | and economically disadvantaged business enterprises |
1816 | encouraged.--It is the intent of the Legislature and the public |
1817 | policy of this state that women, minorities, and socially and |
1818 | economically disadvantaged business enterprises be encouraged to |
1819 | participate fully in all phases of economic and community |
1820 | development. Accordingly, to achieve such purpose, Space Florida |
1821 | the authority shall, in accordance with applicable state and |
1822 | federal law, involve and utilize women, minorities, and socially |
1823 | and economically disadvantaged business enterprises in all |
1824 | phases of the design, development, construction, maintenance, |
1825 | and operation of spaceports developed under this act. |
1826 | Section 47. Section 331.354, Florida Statutes, is amended |
1827 | to read: |
1828 | 331.354 Tax exemption.--The exercise of the powers granted |
1829 | by this act in all respects shall be for the benefit of the |
1830 | people of the state, for the increase of their industry and |
1831 | prosperity, for the improvement of their health and living |
1832 | conditions, and for the provision of gainful employment and |
1833 | shall constitute the performance of essential public functions. |
1834 | Space Florida is The authority shall not be required to pay any |
1835 | taxes on any project or any other property owned by Space |
1836 | Florida the authority under the provisions of this act or upon |
1837 | the income therefrom. The bonds issued under the provisions of |
1838 | this act or upon the income therefrom (including any profit made |
1839 | on the sale thereof), and all notes, mortgages, security |
1840 | agreements, letters of credit, or other instruments which arise |
1841 | out of or are given to secure the repayment of bonds issued in |
1842 | connection with a project financed under this act, shall at all |
1843 | times be free from taxation by the state or any local unit, |
1844 | political subdivision, or other instrumentality of the state. |
1845 | Nothing in This section, however, does not exempt shall be |
1846 | construed as exempting from taxation or assessments the |
1847 | leasehold interest of a lessee in any project or any other |
1848 | property or interest owned by the lessee. The exemption granted |
1849 | by this section is shall not be applicable to any tax imposed by |
1850 | chapter 220 on interest, income, or profits on debt obligations |
1851 | owned by corporations. |
1852 | Section 48. Section 331.355, Florida Statutes, is amended |
1853 | to read: |
1854 | 331.355 Use of name; ownership rights to intellectual |
1855 | property.-- |
1856 | (1)(a) The corporate name of a corporation incorporated or |
1857 | authorized to transact business in this state, or the name of |
1858 | any person or business entity transacting business in this |
1859 | state, may not use the words "Space Florida," "Florida Space |
1860 | Authority," "Florida Aerospace Finance Corporation," "Florida |
1861 | Space Research Institute," "spaceport Florida," or "Florida |
1862 | spaceport" in its name unless Space Florida the authority gives |
1863 | written approval for such use. |
1864 | (b) The Department of State may dissolve, pursuant to s. |
1865 | 607.1421, any corporation that violates paragraph (a). |
1866 | (2) Notwithstanding any provision of chapter 286, the |
1867 | legal title and every right, interest, claim, or demand of any |
1868 | kind in and to any patent, trademark, copyright, certification |
1869 | mark, or other right acquired under the patent and trademark |
1870 | laws of the United States or this state or any foreign country, |
1871 | or the application for the same, as is owned or held, acquired, |
1872 | or developed by Space Florida the authority, under the authority |
1873 | and directions given it by this part, is vested in Space Florida |
1874 | the authority for the use, benefit, and purposes provided in |
1875 | this part. Space Florida The authority is vested with and is |
1876 | authorized to exercise any and all of the normal incidents of |
1877 | such ownership, including the receipt and disposition of |
1878 | royalties. Any sums received as royalties from any such rights |
1879 | are hereby appropriated to Space Florida the authority for any |
1880 | and all of the purposes and uses provided in this part. |
1881 | Section 49. Section 331.360, Florida Statutes, is amended |
1882 | to read: |
1883 | 331.360 Joint project agreement or assistance; spaceport |
1884 | master plan.-- |
1885 | (1) It shall be the duty, function, and responsibility of |
1886 | the Department of Transportation to promote the further |
1887 | development and improvement of aerospace transportation |
1888 | facilities; to address intermodal requirements and impacts of |
1889 | the launch ranges, spaceports, and other space transportation |
1890 | facilities; to assist in the development of joint-use facilities |
1891 | and technology that support aviation and aerospace operations; |
1892 | and to facilitate and promote cooperative efforts between |
1893 | federal and state government entities to improve space |
1894 | transportation capacity and efficiency. In carrying out this |
1895 | duty and responsibility, the department may assist and advise, |
1896 | cooperate with, and coordinate with federal, state, local, or |
1897 | private organizations and individuals. The department may |
1898 | administratively house its space transportation responsibilities |
1899 | within an existing division or office. |
1900 | (2) Notwithstanding any other provision of law, the |
1901 | Department of Transportation may enter into a joint project |
1902 | agreement with, or otherwise assist, the Florida Space Florida |
1903 | Authority as necessary to effectuate the provisions of this |
1904 | chapter and may allocate funds for such purposes in its 5-year |
1905 | work program. However, the department may not fund the |
1906 | administrative or operational costs of Space Florida the |
1907 | authority. |
1908 | (3) Space Florida The authority shall develop a spaceport |
1909 | master plan for expansion and modernization of space |
1910 | transportation facilities within spaceport territories as |
1911 | defined in s. 331.303(23). The plan shall contain recommended |
1912 | projects to meet current and future commercial, national, and |
1913 | state space transportation requirements. Space Florida The |
1914 | authority shall submit the plan to any appropriate metropolitan |
1915 | planning organization M.P.O. for review of intermodal impacts. |
1916 | Space Florida The authority shall submit the spaceport master |
1917 | plan to the Department of Transportation, and such plan may be |
1918 | included within the department's 5-year work program of |
1919 | qualifying aerospace discretionary capacity improvement under |
1920 | subsection (4). The plan shall identify appropriate funding |
1921 | levels and include recommendations on appropriate sources of |
1922 | revenue that may be developed to contribute to the State |
1923 | Transportation Trust Fund. |
1924 | (4) Subject to the availability of appropriated funds, the |
1925 | department may participate in the capital cost of eligible |
1926 | spaceport discretionary capacity improvement projects. The |
1927 | annual legislative budget request shall be based on the proposed |
1928 | funding requested for approved spaceport discretionary capacity |
1929 | improvement projects. |
1930 | Section 50. Section 331.369, Florida Statutes, is amended |
1931 | to read: |
1932 | 331.369 Space Industry Workforce Initiative.-- |
1933 | (1) The Legislature finds that the aerospace space |
1934 | industry is critical to the economic future of the state and |
1935 | that the competitiveness of the industry in the state depends |
1936 | upon the development and maintenance of a qualified workforce. |
1937 | The Legislature further finds that the aerospace space industry |
1938 | in this state has diverse and complex workforce needs, |
1939 | including, but not limited to, the need for qualified entry- |
1940 | level workers, the need to upgrade the skills of technician- |
1941 | level incumbent workers, and the need to ensure continuing |
1942 | education opportunities for workers with advanced educational |
1943 | degrees. It is the intent of the Legislature to support programs |
1944 | designed to address the workforce development needs of the |
1945 | aerospace space industry in this state. |
1946 | (2) The Workforce Development Board of Enterprise Florida, |
1947 | Inc., or it successor entity, shall coordinate development of a |
1948 | Space Industry Workforce Initiative in partnership with Space |
1949 | Florida, the Florida Space Research Institute, the institute's |
1950 | consortium of public and private universities, community |
1951 | colleges, and other training providers approved by the board. |
1952 | The purpose of the initiative is to use or revise existing |
1953 | programs and to develop innovative new programs to address the |
1954 | workforce needs of the aerospace space industry. |
1955 | (3) The initiative shall emphasize: |
1956 | (a) Curricula content and timeframes developed with |
1957 | industry participation and endorsed by the industry; |
1958 | (b) Programs that certify persons completing training as |
1959 | meeting industry-approved standards or competencies; |
1960 | (c) Use of distance-learning and computer-based training |
1961 | modules as appropriate and feasible; |
1962 | (d) Industry solicitation of public and private |
1963 | universities to develop continuing education programs at the |
1964 | master's and doctoral levels; |
1965 | (e) Agreements with the National Aeronautics and Space |
1966 | Administration to replicate on a national level successful |
1967 | training programs developed through the initiative; and |
1968 | (f) Leveraging of state and federal workforce funds. |
1969 | (4) The Workforce Development Board of Enterprise Florida, |
1970 | Inc., or its successor entity, with the assistance of Space |
1971 | Florida the Florida Space Research Institute, shall convene |
1972 | representatives from the aerospace space industry to identify |
1973 | the priority training and education needs of the industry and to |
1974 | appoint a team to design programs to meet the such priority |
1975 | needs. |
1976 | (5) The Workforce Development Board of Enterprise Florida, |
1977 | Inc., or its successor entity, as part of its statutorily |
1978 | prescribed annual report to the Legislature, shall provide |
1979 | recommendations for policies, programs, and funding to enhance |
1980 | the workforce needs of the aerospace space industry. |
1981 | Section 51. Paragraph (g) of subsection (2) of section |
1982 | 14.2015, Florida Statutes, is amended to read: |
1983 | 14.2015 Office of Tourism, Trade, and Economic |
1984 | Development; creation; powers and duties.-- |
1985 | (2) The purpose of the Office of Tourism, Trade, and |
1986 | Economic Development is to assist the Governor in working with |
1987 | the Legislature, state agencies, business leaders, and economic |
1988 | development professionals to formulate and implement coherent |
1989 | and consistent policies and strategies designed to provide |
1990 | economic opportunities for all Floridians. To accomplish such |
1991 | purposes, the Office of Tourism, Trade, and Economic Development |
1992 | shall: |
1993 | (g) Serve as contract administrator for the state with |
1994 | respect to contracts with Enterprise Florida, Inc., the Florida |
1995 | Commission on Tourism, Space Florida, and all direct-support |
1996 | organizations under this act, excluding those relating to |
1997 | tourism. To accomplish the provisions of this act and applicable |
1998 | provisions of chapter 288, and notwithstanding the provisions of |
1999 | part I of chapter 287, the office shall enter into specific |
2000 | contracts with Enterprise Florida, Inc., the Florida Commission |
2001 | on Tourism, and other appropriate direct-support organizations. |
2002 | Such contracts may be multiyear and shall include specific |
2003 | performance measures for each year. |
2004 | Section 52. Section 74.011, Florida Statutes, is amended |
2005 | to read: |
2006 | 74.011 Scope.--In any eminent domain action, properly |
2007 | instituted by and in the name of the state; the Department of |
2008 | Transportation; any county, school board, municipality, |
2009 | expressway authority, regional water supply authority, |
2010 | transportation authority, flood control district, or drainage or |
2011 | subdrainage district; the ship canal authority; any lawfully |
2012 | constituted housing, port, or aviation authority; the Florida |
2013 | Space Authority; or any rural electric cooperative, telephone |
2014 | cooperative corporation, or public utility corporation, the |
2015 | petitioner may avail itself of the provisions of this chapter to |
2016 | take possession and title in advance of the entry of final |
2017 | judgment. |
2018 | Section 53. Subsection (6) of section 196.012, Florida |
2019 | Statutes, is amended to read: |
2020 | 196.012 Definitions.--For the purpose of this chapter, the |
2021 | following terms are defined as follows, except where the context |
2022 | clearly indicates otherwise: |
2023 | (6) Governmental, municipal, or public purpose or function |
2024 | shall be deemed to be served or performed when the lessee under |
2025 | any leasehold interest created in property of the United States, |
2026 | the state or any of its political subdivisions, or any |
2027 | municipality, agency, special district, authority, or other |
2028 | public body corporate of the state is demonstrated to perform a |
2029 | function or serve a governmental purpose which could properly be |
2030 | performed or served by an appropriate governmental unit or which |
2031 | is demonstrated to perform a function or serve a purpose which |
2032 | would otherwise be a valid subject for the allocation of public |
2033 | funds. For purposes of the preceding sentence, an activity |
2034 | undertaken by a lessee which is permitted under the terms of its |
2035 | lease of real property designated as an aviation area on an |
2036 | airport layout plan which has been approved by the Federal |
2037 | Aviation Administration and which real property is used for the |
2038 | administration, operation, business offices and activities |
2039 | related specifically thereto in connection with the conduct of |
2040 | an aircraft full service fixed base operation which provides |
2041 | goods and services to the general aviation public in the |
2042 | promotion of air commerce shall be deemed an activity which |
2043 | serves a governmental, municipal, or public purpose or function. |
2044 | Any activity undertaken by a lessee which is permitted under the |
2045 | terms of its lease of real property designated as a public |
2046 | airport as defined in s. 332.004(14) by municipalities, |
2047 | agencies, special districts, authorities, or other public bodies |
2048 | corporate and public bodies politic of the state, a spaceport as |
2049 | defined in s. 331.303(19), or which is located in a deepwater |
2050 | port identified in s. 403.021(9)(b) and owned by one of the |
2051 | foregoing governmental units, subject to a leasehold or other |
2052 | possessory interest of a nongovernmental lessee that is deemed |
2053 | to perform an aviation, airport, aerospace, maritime, or port |
2054 | purpose or operation shall be deemed an activity that serves a |
2055 | governmental, municipal, or public purpose. The use by a lessee, |
2056 | licensee, or management company of real property or a portion |
2057 | thereof as a convention center, visitor center, sports facility |
2058 | with permanent seating, concert hall, arena, stadium, park, or |
2059 | beach is deemed a use that serves a governmental, municipal, or |
2060 | public purpose or function when access to the property is open |
2061 | to the general public with or without a charge for admission. If |
2062 | property deeded to a municipality by the United States is |
2063 | subject to a requirement that the Federal Government, through a |
2064 | schedule established by the Secretary of the Interior, determine |
2065 | that the property is being maintained for public historic |
2066 | preservation, park, or recreational purposes and if those |
2067 | conditions are not met the property will revert back to the |
2068 | Federal Government, then such property shall be deemed to serve |
2069 | a municipal or public purpose. The term "governmental purpose" |
2070 | also includes a direct use of property on federal lands in |
2071 | connection with the Federal Government's Space Exploration |
2072 | Program or spaceport activities as defined in s. 212.02(22). |
2073 | Real property and tangible personal property owned by the |
2074 | Federal Government or Space Florida the Florida Space Authority |
2075 | and used for defense and space exploration purposes or which is |
2076 | put to a use in support thereof shall be deemed to perform an |
2077 | essential national governmental purpose and shall be exempt. |
2078 | "Owned by the lessee" as used in this chapter does not include |
2079 | personal property, buildings, or other real property |
2080 | improvements used for the administration, operation, business |
2081 | offices and activities related specifically thereto in |
2082 | connection with the conduct of an aircraft full service fixed |
2083 | based operation which provides goods and services to the general |
2084 | aviation public in the promotion of air commerce provided that |
2085 | the real property is designated as an aviation area on an |
2086 | airport layout plan approved by the Federal Aviation |
2087 | Administration. For purposes of determination of "ownership," |
2088 | buildings and other real property improvements which will revert |
2089 | to the airport authority or other governmental unit upon |
2090 | expiration of the term of the lease shall be deemed "owned" by |
2091 | the governmental unit and not the lessee. Providing two-way |
2092 | telecommunications services to the public for hire by the use of |
2093 | a telecommunications facility, as defined in s. 364.02(15), and |
2094 | for which a certificate is required under chapter 364 does not |
2095 | constitute an exempt use for purposes of s. 196.199, unless the |
2096 | telecommunications services are provided by the operator of a |
2097 | public-use airport, as defined in s. 332.004, for the operator's |
2098 | provision of telecommunications services for the airport or its |
2099 | tenants, concessionaires, or licensees, or unless the |
2100 | telecommunications services are provided by a public hospital. |
2101 | However, property that is being used to provide such |
2102 | telecommunications services on or before October 1, 1997, shall |
2103 | remain exempt, but such exemption expires October 1, 2004. |
2104 | Section 54. Subsection (22) of section 212.02, Florida |
2105 | Statutes, is amended to read: |
2106 | 212.02 Definitions.--The following terms and phrases when |
2107 | used in this chapter have the meanings ascribed to them in this |
2108 | section, except where the context clearly indicates a different |
2109 | meaning: |
2110 | (22) "Spaceport activities" means activities directed or |
2111 | sponsored by Space Florida the Florida Space Authority on |
2112 | spaceport territory pursuant to its powers and responsibilities |
2113 | under the Space Florida Act Florida Space Authority Act. |
2114 | Section 55. Subsection (7) of section 288.063, Florida |
2115 | Statutes, is amended to read: |
2116 | 288.063 Contracts for transportation projects.-- |
2117 | (7) For the purpose of this section, Space Florida the |
2118 | Florida Space Authority may serve as the local government or as |
2119 | the contracting agency for transportation projects within |
2120 | spaceport territory as defined by s. 331.304. |
2121 | Section 56. Subsection (1) of section 288.075, Florida |
2122 | Statutes, is amended to read: |
2123 | 288.075 Confidentiality of records.-- |
2124 | (1) As used in this section, the term "economic |
2125 | development agency" means the Office of Tourism, Trade, and |
2126 | Economic Development, any industrial development authority |
2127 | created in accordance with part III of chapter 159 or by special |
2128 | law, Space Florida the Florida Space Authority created in part |
2129 | II of chapter 331, the Florida Aerospace Finance Corporation |
2130 | created in part III of chapter 331, the public economic |
2131 | development agency of a county or municipality, or any research |
2132 | and development authority created in accordance with part V of |
2133 | chapter 159. The term also includes any private agency, person, |
2134 | partnership, corporation, or business entity when authorized by |
2135 | the state, a municipality, or a county to promote the general |
2136 | business interests or industrial interests of the state or that |
2137 | municipality or county. |
2138 | Section 57. Subsection (2) of section 288.35, Florida |
2139 | Statutes, is amended to read: |
2140 | 288.35 Definitions.--The following terms, wherever used or |
2141 | referred to in this part, shall have the following meanings: |
2142 | (2) "Government agency" means the state or any county or |
2143 | political subdivision thereof; any state agency; any |
2144 | consolidated government of a county, and some or all of the |
2145 | municipalities located within the said county; any chartered |
2146 | municipality in the state; and any of the institutions of such |
2147 | consolidated governments, counties, or municipalities. |
2148 | Specifically included are airports, port authorities, industrial |
2149 | authorities, and Space Florida the Florida Space Authority. |
2150 | Section 58. Subsection (2) of section 288.9415, Florida |
2151 | Statutes, is amended to read: |
2152 | 288.9415 International Trade Grants.-- |
2153 | (2) A county, municipality, economic development council, |
2154 | Space Florida the Florida Space Authority, or a not-for-profit |
2155 | association of businesses organized to assist in the promotion |
2156 | of international trade may apply for a grant of state funds for |
2157 | the promotion of international trade. |
2158 | Section 59. Paragraph (j) of subsection (5) of section |
2159 | 212.08, Florida Statutes, is amended to read: |
2160 | 212.08 Sales, rental, use, consumption, distribution, and |
2161 | storage tax; specified exemptions.--The sale at retail, the |
2162 | rental, the use, the consumption, the distribution, and the |
2163 | storage to be used or consumed in this state of the following |
2164 | are hereby specifically exempt from the tax imposed by this |
2165 | chapter. |
2166 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
2167 | (j) Machinery and equipment used in semiconductor, |
2168 | defense, or space technology production and research and |
2169 | development.-- |
2170 | 1.a. Industrial machinery and equipment used in |
2171 | semiconductor technology facilities certified under subparagraph |
2172 | 6. to manufacture, process, compound, or produce semiconductor |
2173 | technology products for sale or for use by these facilities are |
2174 | exempt from the tax imposed by this chapter. For purposes of |
2175 | this paragraph, industrial machinery and equipment includes |
2176 | molds, dies, machine tooling, other appurtenances or accessories |
2177 | to machinery and equipment, testing equipment, test beds, |
2178 | computers, and software, whether purchased or self-fabricated, |
2179 | and, if self-fabricated, includes materials and labor for |
2180 | design, fabrication, and assembly. |
2181 | b. Industrial machinery and equipment used in defense or |
2182 | space technology facilities certified under subparagraph 6. to |
2183 | design, manufacture, assemble, process, compound, or produce |
2184 | defense technology products or space technology products for |
2185 | sale or for use by these facilities are exempt from 25 percent |
2186 | of the tax imposed by this chapter. |
2187 | 2.a. Machinery and equipment are exempt from the tax |
2188 | imposed by this chapter if used predominately in semiconductor |
2189 | wafer research and development activities in a semiconductor |
2190 | technology research and development facility certified under |
2191 | subparagraph 6. For purposes of this paragraph, machinery and |
2192 | equipment includes molds, dies, machine tooling, other |
2193 | appurtenances or accessories to machinery and equipment, testing |
2194 | equipment, test beds, computers, and software, whether purchased |
2195 | or self-fabricated, and, if self-fabricated, includes materials |
2196 | and labor for design, fabrication, and assembly. |
2197 | b. Machinery and equipment are exempt from 25 percent of |
2198 | the tax imposed by this chapter if used predominately in defense |
2199 | or space research and development activities in a defense or |
2200 | space technology research and development facility certified |
2201 | under subparagraph 6. |
2202 | 3. Building materials purchased for use in manufacturing |
2203 | or expanding clean rooms in semiconductor-manufacturing |
2204 | facilities are exempt from the tax imposed by this chapter. |
2205 | 4. In addition to meeting the criteria mandated by |
2206 | subparagraph 1., subparagraph 2., or subparagraph 3., a business |
2207 | must be certified by the Office of Tourism, Trade, and Economic |
2208 | Development as authorized in this paragraph in order to qualify |
2209 | for exemption under this paragraph. |
2210 | 5. For items purchased tax exempt pursuant to this |
2211 | paragraph, possession of a written certification from the |
2212 | purchaser, certifying the purchaser's entitlement to exemption |
2213 | pursuant to this paragraph, relieves the seller of the |
2214 | responsibility of collecting the tax on the sale of such items, |
2215 | and the department shall look solely to the purchaser for |
2216 | recovery of tax if it determines that the purchaser was not |
2217 | entitled to the exemption. |
2218 | 6.a. To be eligible to receive the exemption provided by |
2219 | subparagraph 1., subparagraph 2., or subparagraph 3., a |
2220 | qualifying business entity shall apply to Enterprise Florida, |
2221 | Inc. The application shall be developed by the Office of |
2222 | Tourism, Trade, and Economic Development in consultation with |
2223 | Enterprise Florida, Inc. |
2224 | b. Enterprise Florida, Inc., shall review each submitted |
2225 | application and information and determine whether or not the |
2226 | application is complete within 5 working days. Once an |
2227 | application is complete, Enterprise Florida, Inc., shall, within |
2228 | 10 working days, evaluate the application and recommend approval |
2229 | or disapproval of the application to the Office of Tourism, |
2230 | Trade, and Economic Development. |
2231 | c. Upon receipt of the application and recommendation from |
2232 | Enterprise Florida, Inc., the Office of Tourism, Trade, and |
2233 | Economic Development shall certify within 5 working days those |
2234 | applicants who are found to meet the requirements of this |
2235 | section and notify the applicant, Enterprise Florida, Inc., and |
2236 | the department of the certification. If the Office of Tourism, |
2237 | Trade, and Economic Development finds that the applicant does |
2238 | not meet the requirements of this section, it shall notify the |
2239 | applicant and Enterprise Florida, Inc., within 10 working days |
2240 | that the application for certification has been denied and the |
2241 | reasons for denial. The Office of Tourism, Trade, and Economic |
2242 | Development has final approval authority for certification under |
2243 | this section. |
2244 | 7.a. A business may apply once each year for the |
2245 | exemption. |
2246 | b. The application must indicate, for program evaluation |
2247 | purposes only, the average number of full-time equivalent |
2248 | employees at the facility over the preceding calendar year, the |
2249 | average wage and benefits paid to those employees over the |
2250 | preceding calendar year, the total investment made in real and |
2251 | tangible personal property over the preceding calendar year, and |
2252 | the total value of tax-exempt purchases and taxes exempted |
2253 | during the previous year. The department shall assist the Office |
2254 | of Tourism, Trade, and Economic Development in evaluating and |
2255 | verifying information provided in the application for exemption. |
2256 | c. The Office of Tourism, Trade, and Economic Development |
2257 | may use the information reported on the application for |
2258 | evaluation purposes only and shall prepare an annual report on |
2259 | the exemption program and its cost and impact. The annual report |
2260 | for the preceding fiscal year shall be submitted to the |
2261 | Governor, the President of the Senate, and the Speaker of the |
2262 | House of Representatives by September 30 of each fiscal year. |
2263 | 8. A business certified to receive this exemption may |
2264 | elect to designate one or more state universities or community |
2265 | colleges as recipients of up to 100 percent of the amount of the |
2266 | exemption for which they may qualify. To receive these funds, |
2267 | the institution must agree to match the funds so earned with |
2268 | equivalent cash, programs, services, or other in-kind support on |
2269 | a one-to-one basis in the pursuit of research and development |
2270 | projects as requested by the certified business. The rights to |
2271 | any patents, royalties, or real or intellectual property must be |
2272 | vested in the business unless otherwise agreed to by the |
2273 | business 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 |
2276 | in qualifying research and development. |
2277 | b. "Research and development" means basic and applied |
2278 | research in the science or engineering, as well as the design, |
2279 | development, and testing, of prototypes or processes of new or |
2280 | improved products, including the design, development, and |
2281 | testing of space launch vehicles, space flight vehicles, |
2282 | missiles, satellites, or research payloads, avionics, and |
2283 | associated control systems and processing systems, and |
2284 | components of any of the foregoing. Research and development |
2285 | does not include market research, routine consumer product |
2286 | testing, sales research, research in the social sciences or |
2287 | psychology, or similar nontechnological activities, or technical |
2288 | services. |
2289 | c. "Semiconductor technology products" means raw |
2290 | semiconductor wafers or semiconductor thin films that are |
2291 | transformed into semiconductor memory or logic wafers, including |
2292 | wafers containing mixed memory and logic circuits; related |
2293 | assembly and test operations; active-matrix flat panel displays; |
2294 | semiconductor chips; semiconductor lasers; optoelectronic |
2295 | elements; and related semiconductor technology products as |
2296 | determined by the Office of Tourism, Trade, and Economic |
2297 | Development. |
2298 | d. "Clean rooms" means manufacturing facilities enclosed |
2299 | in a manner that meets the clean manufacturing requirements |
2300 | necessary for high-technology semiconductor-manufacturing |
2301 | environments. |
2302 | e. "Defense technology products" means products that have |
2303 | a military application, including, but not limited to, weapons, |
2304 | weapons systems, guidance systems, surveillance systems, |
2305 | communications or information systems, munitions, aircraft, |
2306 | vessels, or boats, or components thereof, which are intended for |
2307 | military use and manufactured in performance of a contract with |
2308 | the United States Department of Defense or the military branch |
2309 | of a recognized foreign government or a subcontract thereunder |
2310 | which relates to matters of national defense. |
2311 | f. "Space technology products" means products that are |
2312 | specifically designed or manufactured for application in space |
2313 | activities, including, but not limited to, space launch |
2314 | vehicles, space flight vehicles, missiles, satellites or |
2315 | research payloads, avionics, and associated control systems and |
2316 | processing systems and components of any of the foregoing. The |
2317 | term does not include products that are designed or manufactured |
2318 | for general commercial aviation or other uses even though those |
2319 | products may also serve an incidental use in space applications. |
2320 | Section 60. Paragraph (d) of subsection (6) of section |
2321 | 212.20, Florida Statutes, is amended to read: |
2322 | 212.20 Funds collected, disposition; additional powers of |
2323 | department; operational expense; refund of taxes adjudicated |
2324 | unconstitutionally collected.-- |
2325 | (6) Distribution of all proceeds under this chapter and s. |
2326 | 202.18(1)(b) and (2)(b) shall be as follows: |
2327 | (d) The proceeds of all other taxes and fees imposed |
2328 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
2329 | and (2)(b) shall be distributed as follows: |
2330 | 1. In any fiscal year, the greater of $500 million, minus |
2331 | an amount equal to 4.6 percent of the proceeds of the taxes |
2332 | collected pursuant to chapter 201, or 5 percent of all other |
2333 | taxes and fees imposed pursuant to this chapter or remitted |
2334 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
2335 | monthly installments into the General Revenue Fund. |
2336 | 2. Two-tenths of one percent shall be transferred to the |
2337 | Ecosystem Management and Restoration Trust Fund to be used for |
2338 | water quality improvement and water restoration projects. |
2339 | 3. After the distribution under subparagraphs 1. and 2., |
2340 | 8.814 percent of the amount remitted by a sales tax dealer |
2341 | located within a participating county pursuant to s. 218.61 |
2342 | shall be transferred into the Local Government Half-cent Sales |
2343 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
2344 | be transferred pursuant to this subparagraph to the Local |
2345 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
2346 | reduced by 0.1 percent, and the department shall distribute this |
2347 | amount to the Public Employees Relations Commission Trust Fund |
2348 | less $5,000 each month, which shall be added to the amount |
2349 | calculated in subparagraph 4. and distributed accordingly. |
2350 | 4. After the distribution under subparagraphs 1., 2., and |
2351 | 3., 0.095 percent shall be transferred to the Local Government |
2352 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
2353 | to s. 218.65. |
2354 | 5. After the distributions under subparagraphs 1., 2., 3., |
2355 | and 4., 2.0440 percent of the available proceeds pursuant to |
2356 | this paragraph shall be transferred monthly to the Revenue |
2357 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
2358 | 6. After the distributions under subparagraphs 1., 2., 3., |
2359 | and 4., 1.3409 percent of the available proceeds pursuant to |
2360 | this paragraph shall be transferred monthly to the Revenue |
2361 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
2362 | the total revenue to be distributed pursuant to this |
2363 | subparagraph is at least as great as the amount due from the |
2364 | Revenue Sharing Trust Fund for Municipalities and the former |
2365 | Municipal Financial Assistance Trust Fund in state fiscal year |
2366 | 1999-2000, no municipality shall receive less than the amount |
2367 | due from the Revenue Sharing Trust Fund for Municipalities and |
2368 | the former Municipal Financial Assistance Trust Fund in state |
2369 | fiscal year 1999-2000. If the total proceeds to be distributed |
2370 | are less than the amount received in combination from the |
2371 | Revenue Sharing Trust Fund for Municipalities and the former |
2372 | Municipal Financial Assistance Trust Fund in state fiscal year |
2373 | 1999-2000, each municipality shall receive an amount |
2374 | proportionate to the amount it was due in state fiscal year |
2375 | 1999-2000. |
2376 | 7. Of the remaining proceeds: |
2377 | a. In each fiscal year, the sum of $29,915,500 shall be |
2378 | divided into as many equal parts as there are counties in the |
2379 | state, and one part shall be distributed to each county. The |
2380 | distribution among the several counties shall begin each fiscal |
2381 | year on or before January 5th and shall continue monthly for a |
2382 | total of 4 months. If a local or special law required that any |
2383 | moneys accruing to a county in fiscal year 1999-2000 under the |
2384 | then-existing provisions of s. 550.135 be paid directly to the |
2385 | district school board, special district, or a municipal |
2386 | government, such payment shall continue until such time that the |
2387 | local or special law is amended or repealed. The state covenants |
2388 | with holders of bonds or other instruments of indebtedness |
2389 | issued by local governments, special districts, or district |
2390 | school boards prior to July 1, 2000, that it is not the intent |
2391 | of this subparagraph to adversely affect the rights of those |
2392 | holders or relieve local governments, special districts, or |
2393 | district school boards of the duty to meet their obligations as |
2394 | a result of previous pledges or assignments or trusts entered |
2395 | into which obligated funds received from the distribution to |
2396 | county governments under then-existing s. 550.135. This |
2397 | distribution specifically is in lieu of funds distributed under |
2398 | s. 550.135 prior to July 1, 2000. |
2399 | b. The department shall distribute $166,667 monthly |
2400 | pursuant to s. 288.1162 to each applicant that has been |
2401 | certified as a "facility for a new professional sports |
2402 | franchise" or a "facility for a retained professional sports |
2403 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
2404 | distributed monthly by the department to each applicant that has |
2405 | been certified as a "facility for a retained spring training |
2406 | franchise" pursuant to s. 288.1162; however, not more than |
2407 | $208,335 may be distributed monthly in the aggregate to all |
2408 | certified facilities for a retained spring training franchise. |
2409 | Distributions shall begin 60 days following such certification |
2410 | and shall continue for not more than 30 years. Nothing contained |
2411 | in this paragraph shall be construed to allow an applicant |
2412 | certified pursuant to s. 288.1162 to receive more in |
2413 | distributions than actually expended by the applicant for the |
2414 | public purposes provided for in s. 288.1162(6). However, a |
2415 | certified applicant is entitled to receive distributions up to |
2416 | the maximum amount allowable and undistributed under this |
2417 | section for additional renovations and improvements to the |
2418 | facility for the franchise without additional certification. |
2419 | c. Beginning 30 days after notice by the Office of |
2420 | Tourism, Trade, and Economic Development to the Department of |
2421 | Revenue that an applicant has been certified as the professional |
2422 | golf hall of fame pursuant to s. 288.1168 and is open to the |
2423 | public, $166,667 shall be distributed monthly, for up to 300 |
2424 | months, to the applicant. |
2425 | d. Beginning 30 days after notice by the Office of |
2426 | Tourism, Trade, and Economic Development to the Department of |
2427 | Revenue that the applicant has been certified as the |
2428 | International Game Fish Association World Center facility |
2429 | pursuant 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 |
2431 | the applicant. This distribution is subject to reduction |
2432 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
2433 | made, after certification and before July 1, 2000. |
2434 | e. Every dealer conducting business at a fixed location at |
2435 | the John F. Kennedy Space Center or Cape Canaveral Air Force |
2436 | Station and selling admissions to the John F. Kennedy Space |
2437 | Center or Cape Canaveral Air Force Station, or any part of |
2438 | either location, under a contract with the National Aeronautics |
2439 | and Space Administration or under a subcontract to such |
2440 | contract, shall file returns each month in accordance with this |
2441 | sub-subparagraph. Each dealer must file a separate return each |
2442 | month which reports, separately from any other sales and use |
2443 | taxes due under this chapter, the sale of admissions to the John |
2444 | F. Kennedy Space Center or Cape Canaveral Air Force Station or |
2445 | any part of the facilities or to any event held at either |
2446 | location, together with sales at retail of tangible personal |
2447 | property from such fixed place of business, and leases and |
2448 | licenses by the dealer at the John F. Kennedy Space Center or |
2449 | Cape Canaveral Air Force Station taxable under s. 212.031, and |
2450 | the taxes collected by the dealer with respect to such |
2451 | admissions, leases, licenses, and sales. All amounts due under |
2452 | this chapter with respect to these transactions shall be timely |
2453 | remitted to the department. The dealer shall simultaneously file |
2454 | a copy of the return with Space Florida and a copy with the |
2455 | director of the Office of Tourism, Trade, and Economic |
2456 | Development, all of which return copies and information |
2457 | contained in such copies are subject to the same confidentiality |
2458 | provisions as are applicable to returns and information filed |
2459 | with the department under s. 213.053. Each month the department |
2460 | shall distribute to Space Florida all such proceeds collected |
2461 | and remitted to the department as shown on the returns required |
2462 | by this sub-subparagraph. However, the monthly distributions may |
2463 | not include proceeds of discretionary surtaxes due under this |
2464 | chapter. The proceeds of the monthly distributions shall be |
2465 | expended for aerospace education projects authorized in s. |
2466 | 331.3051. If the department collects any additional amounts |
2467 | under this chapter with respect to any transactions for which a |
2468 | separate return is required by this sub-subparagraph, no later |
2469 | than 30 days after the collection, the proceeds shall be |
2470 | distributed by the department to Space Florida for the uses |
2471 | specified in this sub-subparagraph. This sub-subparagraph does |
2472 | not affect any dealer's liability for other taxes imposed by and |
2473 | due under this chapter. |
2474 | 8. All other proceeds shall remain with the General |
2475 | Revenue Fund. |
2476 | Section 61. Section 1004.86, Florida Statutes, is created |
2477 | to read: |
2478 | 1004.86 Florida Center for Mathematics and Science |
2479 | Education Research.-- |
2480 | (1) The Department of Education shall establish at a |
2481 | public state university the Florida Center for Mathematics and |
2482 | Science Education Research to increase student achievement in |
2483 | science and mathematics. The center shall: |
2484 | (a) Provide technical assistance and support to school |
2485 | districts and schools in the development and implementation of |
2486 | mathematics and science instruction. |
2487 | (b) Conduct applied research on policy and practices |
2488 | related to mathematics and science instruction and assessment in |
2489 | the state. |
2490 | (c) Conduct or compile basic research regarding student |
2491 | acquisition of mathematics and science knowledge and skills. |
2492 | (d) Develop comprehensive course frameworks for |
2493 | mathematics and science courses that emphasize rigor and |
2494 | relevance at the elementary, middle, and high school levels. |
2495 | (e) Disseminate information regarding research-based |
2496 | teaching practices in mathematics and science to teachers and |
2497 | teacher educators in the state. |
2498 | (f) Collect, manage, and report on assessment information |
2499 | regarding student achievement in mathematics and science. |
2500 | (g) Establish partnerships with state universities, |
2501 | community colleges, and school districts. |
2502 | (h) Collaborate with the Florida Center for Reading |
2503 | Research in order to provide research-based practices that |
2504 | integrate the teaching of reading within mathematics and |
2505 | sciences courses. |
2506 | (2) The department shall monitor the center through the |
2507 | Division of K-12 Public Schools. |
2508 | Section 62. Sections 331.314, 331.367, 331.368, 331.401, |
2509 | 331.403, 331.405, 331.407, 331.409, 331.411, 331.415, 331.417, |
2510 | and 331.419, Florida Statutes, are repealed. |
2511 | Section 63. The Florida Space Authority, the Florida Space |
2512 | Research Institute, and the Florida Aerospace Finance |
2513 | Corporation are dissolved effective September 1, 2006. Space |
2514 | Florida, as created by this act, is the successor organization |
2515 | to, and as such shall assume the records, property, obligations, |
2516 | and unexpended balances of appropriations, allocations, or other |
2517 | funds of, the Florida Space Authority, the Florida Space |
2518 | Research Institute, and the Florida Aerospace Finance |
2519 | Corporation. |
2520 | Section 64. The Governor, the President of the Senate, and |
2521 | the Speaker of the House of Representatives shall appoint the |
2522 | board of directors of Space Florida no later than July 1, 2006. |
2523 | The board of directors of Space Florida shall hold its first |
2524 | meeting no later than August 1, 2006. The board of directors of |
2525 | Space Florida shall appoint a president no later than September |
2526 | 1, 2006. The Executive Office of the Governor shall provide |
2527 | staffing and transitional support to Space Florida until |
2528 | December 31, 2006. |
2529 | Section 65. Subsection (12) is added to section 288.1224, |
2530 | Florida Statutes, to read: |
2531 | 288.1224 Powers and duties.--The commission: |
2532 | (12) Shall advise and cooperate with Space Florida, when |
2533 | appropriate and beneficial. |
2534 | Section 66. Subsection (7) is added to section 288.9015, |
2535 | Florida Statutes, to read: |
2536 | 288.9015 Enterprise Florida, Inc.; purpose; duties.-- |
2537 | (7) Enterprise Florida, Inc., shall advise and cooperate |
2538 | with Space Florida, when appropriate and beneficial, related to |
2539 | issues of aerospace business retention, expansion, attraction, |
2540 | and creation, and other related activities. |
2541 | Section 67. Subsection (12) is added to section 445.004, |
2542 | Florida Statutes, to read: |
2543 | 445.004 Workforce Florida, Inc.; creation; purpose; |
2544 | membership; duties and powers.-- |
2545 | (12) Workforce Florida, Inc., shall advise and cooperate |
2546 | with Space Florida, when appropriate and beneficial, for the |
2547 | furtherance of aerospace workforce development. |
2548 | Section 68. Subsection (17) is added to section 1001.10, |
2549 | Florida Statutes, read: |
2550 | 1001.10 Commissioner of Education; general powers and |
2551 | duties.--The Commissioner of Education is the chief educational |
2552 | officer of the state, and is responsible for giving full |
2553 | assistance to the State Board of Education in enforcing |
2554 | compliance with the mission and goals of the seamless K-20 |
2555 | education system. To facilitate innovative practices and to |
2556 | allow local selection of educational methods, the State Board of |
2557 | Education may authorize the commissioner to waive, upon the |
2558 | request of a district school board, State Board of Education |
2559 | rules that relate to district school instruction and school |
2560 | operations, except those rules pertaining to civil rights, and |
2561 | student health, safety, and welfare. The Commissioner of |
2562 | Education is not authorized to grant waivers for any provisions |
2563 | in rule pertaining to the allocation and appropriation of state |
2564 | and local funds for public education; the election, |
2565 | compensation, and organization of school board members and |
2566 | superintendents; graduation and state accountability standards; |
2567 | financial reporting requirements; reporting of out-of-field |
2568 | teaching assignments under s. 1012.42; public meetings; public |
2569 | records; or due process hearings governed by chapter 120. No |
2570 | later than January 1 of each year, the commissioner shall report |
2571 | to the Legislature and the State Board of Education all approved |
2572 | waiver requests in the preceding year. Additionally, the |
2573 | commissioner has the following general powers and duties: |
2574 | (17) To advise and cooperate with Space Florida, when |
2575 | appropriate and beneficial. |
2576 | The commissioner's office shall operate all statewide functions |
2577 | necessary to support the State Board of Education and the K-20 |
2578 | education system, including strategic planning and budget |
2579 | development, general administration, and assessment and |
2580 | accountability. |
2581 | Section 69. This act shall take effect upon becoming a |
2582 | law. |