HB 1489

CS

CHAMBER ACTION

1	The Fiscal Council recommends the following:
2
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; creating s. 1004.86, F.S.; requiring the
46	Department of Education to establish the Florida Center
47	for Mathematics and Science Education Research at a public
48	state university; specifying requirements for the center;
49	repealing s. 331.314, F.S., relating to the exclusive
50	authority of the Florida Space Authority to regulate
51	spaceports; repealing s. 331.367, F.S., relating to the
52	Spaceport Management Council; repealing s. 331.368, F.S.,
53	relating to the Florida Space Research Institute;
54	repealing ss. 331.401, 331.403, 331.405, 331.407, 331.409,
55	331.411, 331.415, 331.417, and 331.419, F.S., relating to
56	the Florida Aerospace Finance Corporation; providing that
57	the Florida Space Authority, the Florida Space Research
58	Institute, and the Florida Aerospace Finance Corporation
59	are dissolved on a specified date; providing that Space
60	Florida assumes the records, property, and unexpended
61	balances of appropriations, allocations, and other funds
62	from the dissolved entities; requiring the Governor, the
63	President of the Senate, and the Speaker of the House of
64	Representatives to appoint the board of directors of Space
65	Florida by a specified date; requiring the board of
66	directors of Space Florida to hold its first meeting by a
67	specified date; amending ss. 228.1224, 288.9015, 445.004,
68	and 1001.10, F.S.; requiring the Florida Commission on
69	Tourism, Enterprise Florida, Inc., Workforce Florida,
70	Inc., and the Commissioner of Education to advise and
71	cooperate with Space Florida under certain circumstances;
72	providing appropriations; providing an effective date.
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  Section 331.301, Florida Statutes, is amended
77	to read:
78	331.301  Short title.--This act may be cited as the "Space
79	Florida Space Authority Act."
80	Section 2.  Section 331.3011, Florida Statutes, is created
81	to read:
82	331.3011  Legislative findings and intent.--
83	(1)  The Legislature finds and declares that the aerospace
84	industry of this state is integral to the state's long-term
85	success in diversifying its economy and building a knowledge-
86	based economy that is able to support the creation of high
87	value-added businesses and jobs. Further, under the direction
88	and leadership of a single, private-public board, this state has
89	the opportunity to strengthen its existing leadership in civil
90	and military aerospace activity and emerge as a leader in the
91	nation's new vision for space exploration and commercial
92	aerospace opportunities, including the integration of space,
93	aeronautics, and aviation technologies. As the leading location
94	for talent, research, advanced technologies and systems
95	development, launch, and other aerospace-based industry
96	activities, this state can position itself for sustainable
97	economic growth and prosperity.
98	(2)  The Legislature finds that attaining this vision
99	requires a strong public and private commitment to a world class
100	aerospace industry. It is the intent of the Legislature that
101	Space Florida will encourage the public and private sectors to
102	work together to implement an aggressive strategy that enhances
103	the state's workforce, education, and research capabilities,
104	with emphasis on mathematics, science, engineering, and related
105	fields; will focus on the state's economic development efforts
106	in order to capture a larger share of activity in aerospace
107	research, technology, production, and commercial operations,
108	while maintaining the state's historical leadership in space
109	launch activities; and will preserve the unique national role
110	served by the Cape Canaveral Air Force Station and John F.
111	Kennedy Space Center by reducing costs and improving the
112	regulatory flexibility for commercial sector launches while
113	pursuing the development of sites for commercial horizontal
114	launches.
115	(3)  It is the intent of the Legislature that aerospace
116	activities be highly visible and coordinated within this state.
117	To that end, it is the intent of the Legislature that Space
118	Florida provide a single point of contact for state aerospace-
119	related activities with federal agencies, the military, state
120	agencies, businesses, and the private sector.
121	Section 3.  Section 331.302, Florida Statutes, is amended
122	to read:
123	(Substantial rewording of section. See
124	s. 331.302, F.S., for present text.)
125	331.302  Space Florida; creation; purpose.--
126	(1)  There is established, formed, and created Space
127	Florida, which is created and incorporated as a public
128	corporation, body politic, and subdivision of the state to
129	foster the growth and development of a sustainable and world-
130	leading aerospace industry in this state. Space Florida shall
131	promote aerospace business development by facilitating business
132	financing, spaceport operations, research and development,
133	workforce development, and innovative education programs. Space
134	Florida has all the powers, rights, privileges, and authority as
135	provided under the laws of this state.
136	(2)  In carrying out its duties and responsibilities, Space
137	Florida shall advise, coordinate, cooperate, and, when
138	necessary, enter into memoranda of agreement with
139	municipalities, counties, regional authorities, state agencies
140	and organizations, appropriate federal agencies and
141	organizations, and other interested persons and groups.
142	(3)  Space Florida may not endorse any candidate for any
143	elected public office or contribute money to the campaign of any
144	candidate for public office.
145	(4)  Space Florida is not an agency as defined in ss.
146	216.011 and 287.012.
147	Section 4.  Section 331.303, Florida Statutes, is amended
148	to read:
149	331.303  Definitions.--
150	(1)  "Aerospace" means the industry that designs and
151	manufactures aircraft, rockets, missiles, spacecraft,
152	satellites, space vehicles, space stations, space facilities or
153	components thereof, and equipment, systems, facilities,
154	simulators, programs, and related activities. "Authority" means
155	the Florida Space Authority created by this act.
156	(2)  "Board" or "board of directors supervisors" means the
157	governing body of Space Florida the authority.
158	(3)  "Bonds" means revenue bonds, assessment bonds, or
159	other bonds or obligations issued by Space Florida the authority
160	for the purpose of raising financing for its projects.
161	(4)  "Business client" means any person, other than a state
162	official or state employee, who receives the services of, or is
163	the subject of solicitation by, representatives of Space Florida
164	the authority in connection with the performance of its
165	statutory duties, including purchasers or prospective purchasers
166	of Space Florida authority services, persons or representatives
167	of firms considering or being solicited for investment in Space
168	Florida authority projects, persons or representatives of firms
169	considering or being solicited for location, relocation, or
170	expansion of an aerospace-related a space-related business
171	within the state, and business, financial, or other persons
172	connected with the aerospace space industry.
173	(5)  "Complementary activity" means any space business
174	incubator, space tourism activity, educational involvement in an
175	incubator, or space tourism and space-related research and
176	development.
177	(6)  "Conduit bond" means any bond of the authority which
178	is a nonrecourse obligation of the authority payable from the
179	proceeds of such bonds and related financing agreements.
180	(5)(7)  "Cost" means all costs, fees, charges, expenses,
181	and amounts associated with the development of projects by Space
182	Florida the authority.
183	(6)(8)  "Entertainment expenses" means the actual,
184	necessary, and reasonable costs of providing hospitality for
185	business clients or guests, which costs are defined and
186	prescribed by rules adopted by Space Florida the authority,
187	subject to approval by the Chief Financial Officer.
188	(9)  "Federal aid" means any property, funding, or other
189	financial assistance provided by the Federal Government to the
190	authority for its projects.
191	(7)(10)  "Financing agreement" means a lease, lease-
192	purchase agreement, lease with option to purchase, sale or
193	installment sale agreement, whether title passes in whole or in
194	part at any time before prior to, at, or after completion of the
195	project, loan agreement, or other agreement forming the basis
196	for the financing under this act, including any agreements,
197	guarantees, or security instruments forming part of or related
198	to providing assurance of payment of the obligations under the
199	such financing agreement.
200	(8)(11)  "Guest" means a person, other than a state
201	official or state employee, authorized by the board or its
202	designee to receive the hospitality of Space Florida the
203	authority in connection with the performance of its statutory
204	duties.
205	(9)(12)  "Landing area" means the geographical area
206	designated by Space Florida the authority within the spaceport
207	territory for or intended for the landing and surface
208	maneuvering of any launch or other space vehicle.
209	(10)(13)  "Launch pad" means any launch pad, runway,
210	airstrip, or similar facility used by the spaceport or spaceport
211	user for launching of space vehicles.
212	(11)(14)  "Payload" means any property or cargo to be
213	transported aboard any vehicle launched by or from the
214	spaceport.
215	(12)(15)  "Person" means any individual, child, community
216	college, college, university, firm, association, joint venture,
217	partnership, estate, trust, business trust, syndicate,
218	fiduciary, corporation, nation, government (federal, state, or
219	local), agency (government or other), subdivision of the state,
220	municipality, county, business entity, or any other group or
221	combination.
222	(13)(16)  "Project" means any development, improvement,
223	property, launch, utility, facility, system, works, road,
224	sidewalk, enterprise, service, or convenience, which may include
225	coordination with state partners or agencies Enterprise Florida,
226	Inc., the Board of Education, the Florida Aerospace Finance
227	Corporation, and the Florida Space Research Institute; any
228	rocket, capsule, module, launch facility, assembly facility,
229	operations or control facility, tracking facility,
230	administrative facility, or any other type of aerospace-related
231	space-related transportation vehicle, station, or facility; any
232	type of equipment or instrument to be used or useful in
233	connection with any of the foregoing; any type of intellectual
234	property and intellectual property protection in connection with
235	any of the foregoing including, without limitation, any patent,
236	copyright, trademark, and service mark for, among other things,
237	computer software; any water, wastewater, gas, or electric
238	utility system, plant, or distribution or collection system; any
239	small business incubator initiative, including any startup
240	aerospace company, and any aerospace business proposing to
241	expand or locate its business in this state, research and
242	development company, research and development facility,
243	education and workforce training facility, storage facility, and
244	consulting service; or any tourism initiative, including any
245	space experience attraction, microgravity flight program,
246	aerospace space-launch-related activity, and space museum
247	sponsored or promoted by Space Florida the authority.
248	(14)(17)  "Range" means the geographical area designated by
249	Space Florida the authority or other appropriate body as the
250	area for the launching of rockets, missiles, launch vehicles,
251	and other vehicles designed to reach high altitude.
252	(15)(18)  "Recovery" means the recovery of space vehicles
253	and payloads which have been launched from or by a the
254	spaceport.
255	(16)(19)  "Spaceport" means any area of land or water, or
256	any manmade object or facility located therein, developed by
257	Space Florida the authority under this act, which area is
258	intended for public use or for the launching, takeoff, and
259	landing of spacecraft and aircraft, and includes any appurtenant
260	areas which are used or intended for public use, for spaceport
261	buildings, or for other spaceport facilities, spaceport
262	projects, or rights-of-way.
263	(20)  "Spaceport Florida" means the authority or its
264	facilities and projects.
265	(17)(21)  "Spaceport launch facilities" means shall be
266	defined as industrial facilities as described in accordance with
267	s. 380.0651(3)(c) and include any launch pad, launch control
268	center, and fixed launch-support equipment.
269	(22)  "Spaceport system" means the programs, organizations,
270	and infrastructure developed by the authority for the
271	development of facilities or activities to enhance and provide
272	commercial space-related development opportunities for business,
273	education, and government within the state.
274	(18)(23)  "Spaceport territory" means the geographical area
275	designated in s. 331.304 and as amended or changed in accordance
276	with s. 331.329.
277	(19)(24)  "Spaceport user" means any person who uses the
278	facilities or services of any spaceport; and, for the purposes
279	of any exemptions or rights granted under this act, the said
280	spaceport user shall be deemed a spaceport user only during the
281	time period in which the such person has in effect a contract,
282	memorandum of understanding, or agreement with the spaceport,
283	and such rights and exemptions shall be granted with respect to
284	transactions relating only to spaceport projects.
285	(20)(25)  "Travel expenses" means the actual, necessary,
286	and reasonable costs of transportation, meals, lodging, and
287	incidental expenses normally incurred by a traveler, which costs
288	are defined and prescribed by rules adopted by Space Florida the
289	authority, subject to approval by the Chief Financial Officer.
290	(21)(26)  "Spaceport discretionary capacity improvement
291	projects" means capacity improvements that enhance space
292	transportation capacity at spaceports that have had one or more
293	orbital or suborbital flights during the previous calendar year
294	or have an agreement in writing for installation of one or more
295	regularly scheduled orbital or suborbital flights upon the
296	commitment of funds for stipulated spaceport capital
297	improvements.
298	Section 5.  Section 331.305, Florida Statutes, is amended
299	to read:
300	331.305  Powers of Space Florida the authority.--Space
301	Florida may The authority shall have the power to:
302	(1)  Exercise all powers granted to corporations under the
303	Florida Business Corporation Act, chapter 607.
304	(2)  Sue and be sued by its name in any court of law or in
305	equity.
306	(3)  Adopt and use a corporate seal and alter the same at
307	pleasure.
308	(4)  Review and make recommendations with respect to a
309	strategy to guide and facilitate the future of space-related
310	educational and commercial development. The authority shall in
311	coordination with the Federal Government, private industry, and
312	Florida universities develop a business plan which shall address
313	the expansion of Spaceport Florida locations, space launch
314	capacity, spaceport projects, and complementary activities,
315	which shall include, but not be limited to, a detailed analysis
316	of:
317	(a)  The authority and the commercial space industry.
318	(b)  Products, services description--potential,
319	technologies, skills.
320	(c)  Market research and evaluation--customers,
321	competition, economics.
322	(d)  Marketing plan and strategy.
323	(e)  Design and development plan--tasks, difficulties,
324	costs.
325	(f)  Manufacturing locations, facilities, and operations
326	plan.
327	(g)  Management organization--roles and responsibilities.
328	(h)  Overall schedule (monthly).
329	(i)  Important risks, assumptions, and problems.
330	(j)  Community impact--economic, human development,
331	community development.
332	(k)  Financial plan (monthly for first year; quarterly for
333	next 3 years).
334	(l)  Proposed authority offering--financing,
335	capitalization, use of funds.
336	(4)(5)  Acquire property, real, personal, intangible,
337	tangible, or mixed, within or without its territorial limits, in
338	fee simple or any lesser interest or estate, by purchase, gift,
339	devise, or lease, on such terms and conditions as the board may
340	deem necessary or desirable, and sell or otherwise dispose of
341	the same and of any of the assets and properties of Space
342	Florida the authority.
343	(5)(6)  Make and execute any and all contracts and other
344	instruments necessary or convenient to the exercise of its
345	powers, including financing agreements with persons or spaceport
346	users to facilitate the financing, construction, leasing, or
347	sale of any project.
348	(6)(7)  Whenever deemed necessary by the board, lease as
349	lessor or lessee to or from any person, public or private, any
350	facilities or property for the use of Space Florida the
351	authority and carry out any of the purposes of Space Florida the
352	authority.
353	(8)  Appoint, through its board of supervisors, an
354	executive director.
355	(7)(9)  Own, acquire, construct, develop, create,
356	reconstruct, equip, operate, maintain, extend, and improve
357	launch pads, landing areas, ranges, payload assembly buildings,
358	payload processing facilities, laboratories, aerospace space
359	business incubators, launch vehicles, payloads, space flight
360	hardware, facilities and equipment for the construction of
361	payloads, space flight hardware, rockets, and other launch
362	vehicles, and other spaceport facilities and other aerospace-
363	related space-related systems, including educational, cultural,
364	and parking facilities and aerospace-related space-related
365	initiatives.
366	(8)  Insure, coinsure, lend, and guarantee loans and to
367	originate for sale direct aerospace-related loans, pursuant to
368	criteria, bylaws, policies, and procedures adopted by the board.
369	(9)  Capitalize, underwrite, and secure funding for
370	aerospace infrastructure, satellites, launch vehicles, and any
371	service that supports aerospace launches.
372	(10)  Construct, lease, or sell aerospace infrastructure,
373	satellites, launch vehicles, and any other related activities
374	and services.
375	(11)  Acquire, accept, or administer grants, contracts, and
376	fees from other organizations to perform activities that are
377	consistent with the purposes of this section.
378	(10)  Undertake a program of advertising to the public
379	promoting space-related businesses or any spaceport projects of
380	the authority, and expend moneys and undertake such activities
381	to carry out such advertising and promotional program as the
382	board from time to time may determine.
383	(12)(11)  Own, acquire, construct, reconstruct, equip,
384	operate, maintain, extend, or and improve transportation
385	facilities appropriate to meet the transportation requirements
386	of Space Florida the authority and activities conducted within
387	the spaceport territory.
388	(13)(12)  Own, acquire, construct, reconstruct, equip,
389	operate, maintain, extend, or and improve electric power plants,
390	transmission lines and related facilities, gas mains and
391	facilities of any nature for the production or distribution of
392	natural gas, transmission lines and related facilities and
393	plants and facilities for the generation and transmission of
394	power through traditional and new and experimental sources of
395	power and energy; purchase electric power, natural gas, and
396	other sources of power for distribution within any spaceport
397	territory; develop and operate water and sewer systems and waste
398	collection and disposal consistent with chapter 88-130, Laws of
399	Florida; and develop and operate such new and experimental
400	public utilities, including, but not limited to, centrally
401	distributed heating and air-conditioning facilities and
402	services, closed-circuit television systems, and computer
403	services and facilities, as the board may from time to time
404	determine. However, Space Florida may the authority shall not
405	construct any system, work, project, or utility authorized to be
406	constructed under this paragraph in the event that a system,
407	work, project, or utility of a similar character is being
408	actually operated by a municipality or private company in the
409	municipality or territory adjacent thereto, unless such
410	municipality or private company consents to such construction.
411	(14)(13)  Designate, set aside, and maintain lands and
412	areas within or without the territorial limits of any spaceport
413	territory as conservation areas or bird and wildlife
414	sanctuaries; stock such areas with animal and plant life and
415	stock water areas with fish and other aquatic life; adopt
416	pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
417	rules and regulations with respect thereto and protect and
418	preserve the natural beauty thereof; and do all acts necessary
419	or desirable in order to qualify such lands and areas as
420	conservation areas and sanctuaries under any of the laws of the
421	state or under federal law.
422	(15)(14)  Establish a program for the control, abatement,
423	and elimination of mosquitoes and other noxious insects,
424	rodents, reptiles, and other pests throughout the spaceport
425	territory and undertake such works and construct such facilities
426	within or without the spaceport territory as may be determined
427	by the board to be needed to effectuate such program; abate and
428	suppress mosquitoes and other arthropods, whether disease-
429	bearing or pestiferous, within any spaceport territory when in
430	the judgment of the board such action is necessary or desirable
431	for the health and welfare of the inhabitants of or visitors to
432	any spaceport; and take any and all temporary or permanent
433	eliminative measures that the board may deem advisable. The
434	Legislature hereby finds and declares Space Florida the
435	authority eligible to receive state funds, supplies, services,
436	and equipment available or that may in the future become
437	available to mosquito or pest control districts, the provisions
438	of s. 388.021 notwithstanding.
439	(16)(15)  Subject to the rules and regulations of the
440	appropriate water management district, own, acquire, construct,
441	reconstruct, equip, maintain, operate, extend, and improve water
442	and flood control facilities. The Legislature hereby finds and
443	declares Space Florida the authority eligible to receive moneys,
444	disbursements, and assistance from the state available to flood
445	control or water management districts and navigation districts
446	or agencies.
447	(17)(16)  Own, acquire, construct, reconstruct, equip,
448	maintain, operate, extend, and improve public safety facilities
449	for the spaceport, including security stations, security
450	vehicles, fire stations, water mains and plugs, and fire trucks
451	and other vehicles and equipment; hire employees, security
452	officers, and firefighters; and undertake such works and
453	construct such facilities determined by the board to be
454	necessary or desirable to promote and ensure public safety
455	within the spaceport territory.
456	(18)(17)  Hire, through its president executive director, a
457	safety officer with substantial experience in public safety
458	procedures and programs for space vehicle launching and related
459	hazardous operations. The safety officer shall monitor and
460	report on the safety and hazards of ground-based space
461	operations to the president executive director.
462	(18)  Establish a personnel management system for hiring
463	employees and setting employee benefit packages. The personnel
464	of the authority shall not be considered to be within the state
465	employment system.
466	(19)  Establish procedures, rules, and rates governing per
467	diem and travel expenses of its employees, the members of the
468	board of supervisors, and other persons authorized by the board
469	to incur such expenses. Except as otherwise provided in s.
470	331.3101, such rules are subject to provisions of state law or
471	rules pertaining to per diem and travel expenses of public
472	officers, employees, or other persons authorized by an agency
473	head to incur such expenses.
474	(19)(20)  Examine, develop, and use utilize new concepts,
475	designs, and ideas; own, acquire, construct, reconstruct, equip,
476	operate, maintain, extend, and improve experimental spaceport
477	facilities and services; and otherwise undertake, sponsor,
478	finance, and maintain such research activities, experimentation,
479	and development as the board may from time to time determine, in
480	connection with any of the projects that Space Florida the
481	authority is authorized to undertake pursuant to the powers and
482	authority vested in it by this act, and in order to promote the
483	development and utilization of new concepts, designs, and ideas
484	in the fields of space exploration, commercialization of the
485	space industry, and spaceport facilities.
486	(20)(21)  Issue revenue bonds, assessment bonds, or any
487	other bonds or obligations authorized by the provisions of this
488	act or any other law, or any combination of the foregoing, and
489	pay all or part of the cost of the acquisition, construction,
490	reconstruction, extension, repair, improvement, or maintenance
491	of any project or combination of projects, including payloads
492	and space flight hardware, and equipment for research,
493	development, and educational activities, to provide for any
494	facility, service, or other activity of Space Florida the
495	authority, and provide for the retirement or refunding of any
496	bonds or obligations of Space Florida the authority, or for any
497	combination of the foregoing purposes. Space Florida The
498	authority must provide 14 days' notice to the presiding officers
499	and appropriations chairs of both houses of the Legislature
500	prior to presenting a bond proposal to the Governor and Cabinet.
501	If either presiding officer or appropriations chair objects to
502	the bonding proposal within the 14-day-notice period, the bond
503	issuance may be approved only by a vote of three-fourths two-
504	thirds of the members of the Governor and Cabinet.
505	(21)(22)  Make expenditures for entertainment and travel
506	expenses and business clients, guests, and other authorized
507	persons as provided in this act.
508	(22)(23)  In connection with any financing agreement, fix
509	and collect fees, loan payments, rental payments, and other
510	charges for the use of any project in such amount as to provide
511	sufficient moneys to pay the principal of and interest on bonds
512	as the same shall become due and payable, if so provided in the
513	bond resolution or trust agreement, and to create reserves for
514	such purposes. The fees, rents, payments, and charges and all
515	other revenues and proceeds derived from the project in
516	connection with which the bonds of any issue shall have been
517	issued, except such part thereof as may be necessary for such
518	reserves or any expenditures as may be provided in the
519	resolution authorizing the issuance of the bonds or in the trust
520	agreement securing the same, shall be set aside, at the time as
521	may be specified in the resolution or trust agreement, in a
522	sinking fund which may be pledged to and charged with the
523	payment of the principal of and the interest on such bonds as
524	the same shall become due and the redemption price or the
525	purchase price of bonds retired by call or purchase as therein
526	provided. Such pledge is shall be valid and binding from the
527	time the pledge is made. The fees, rents, charges, and other
528	revenues and moneys so pledged and thereafter received by or on
529	behalf of Space Florida the authority shall immediately be
530	subject to the lien of any such pledge without any physical
531	delivery thereof or further act, and the lien of any such pledge
532	is shall be valid and binding as against all parties having
533	claims of any kind in tort, contract, or otherwise against Space
534	Florida the authority, irrespective of whether such parties have
535	notice thereof. Neither the resolution nor any trust agreement
536	by which a pledge is created need be filed or recorded, except
537	in the records of Space Florida the authority. The use and
538	disposition of money to the credit of the sinking fund shall be
539	subject to the provisions of the resolution authorizing the
540	issuance of such bonds or the provisions of such trust
541	agreement.
542	(24)  Exercise the right and power of eminent domain in
543	spaceport territory as defined in s. 331.304. In exercising such
544	power, the authority shall comply with the procedures and
545	requirements of chapters 73 and 74.
546	Section 6.  Section 331.3051, Florida Statutes, is created
547	to read:
548	331.3051  Duties of Space Florida.--Space Florida shall:
549	(1)  Create a business plan to foster the growth and
550	development of the aerospace industry. The business plan must
551	address business development; finance; spaceport operations;
552	research and development; workforce development; and education.
553	The business plan must be completed by March 1, 2007, and be
554	revised when determined as necessary by the board.
555	(2)  Consult and coordinate to the extent possible with the
556	Department of Education, the Department of Transportation,
557	Enterprise Florida, Inc., the Florida Commission on Tourism and
558	its direct-support organization, and Workforce Florida, Inc.,
559	for the purpose of implementing this act.
560	(3)  Consult with Enterprise Florida, Inc., in developing a
561	plan to retain, expand, attract, and create aerospace industry
562	entities, public or private, which results in the creation of
563	high-value-added businesses and jobs in this state.
564	(4)  Create a marketing campaign to help attract, develop,
565	and retain aerospace businesses, aerospace research and
566	technology, and other related activities in this state. The
567	campaign must be coordinated with any existing economic-
568	development-promotion efforts in this state and may use private
569	resources. Marketing strategies may include developing
570	promotional materials, Internet and print advertising, public
571	relations and media placement, trade show attendance, and other
572	activities.
573	(5)  Develop, with input from Enterprise Florida, Inc., and
574	the Florida Commission on Tourism and its direct-support
575	organization, a public advertising program promoting aerospace-
576	related activities, businesses, or any Space Florida projects.
577	(6)  Develop, with input from  Enterprise Florida, Inc., a
578	plan to finance aerospace businesses. The plan may include the
579	following activities:
580	(a)  Assembling, publishing, and disseminating information
581	concerning financing opportunities and techniques for aerospace
582	projects, programs, and activities; sources of public and
583	private aerospace financing assistance; and sources of
584	aerospace-related financing.
585	(b)  Organizing, hosting, and participating in seminars and
586	other forums designed to disseminate information and technical
587	assistance regarding aerospace-related financing.
588	(c)  Coordinating with programs and goals of the Department
589	of Defense, the National Aeronautics and Space Administration,
590	the Export-Import Bank of the United States, the International
591	Trade Administration of the United States Department of
592	Commerce, the Foreign Credit Insurance Association, and other
593	private and public programs and organizations, domestic and
594	foreign.
595	(d)  Establishing a network of contacts among those
596	domestic and foreign public and private organizations that
597	provide information, technical assistance, and financial support
598	to the aerospace industry.
599	(7)  Carry out its responsibilities for spaceport
600	operations by:
601	(a)  Seeking federal support and developing partnerships to
602	renew and upgrade the infrastructure and technologies at the
603	Cape Canaveral Air Force Station, the John F. Kennedy Space
604	Center, and the Eastern Range that will enhance space and
605	military programs of the Federal Government, and improve access
606	for commercial launch activities.
607	(b)  Supporting federal efforts to clarify roles and
608	responsibilities of federal agencies, and eliminating
609	duplicative federal rules and policies, in an effort to
610	streamline access for commercial launch users.
611	(c)  Pursuing the development of additional commercial
612	spaceports in the state through a competitive request for
613	proposals in partnership with counties or municipalities, the
614	Federal Government, or private entities.
615	(d)  Promoting and facilitating launch activity within the
616	state by supporting and assisting commercial launch operators in
617	completing and submitting required documentation and gaining
618	approvals and authorization from the required federal agencies
619	for launching from Florida.
620	(e)  Consulting, as necessary, with the appropriate
621	federal, state, and local authorities, including the National
622	Aeronautics and Space Administration, the Federal Aviation
623	Administration, the Department of Defense, the Department of
624	Transportation, the Florida National Guard, and industry on all
625	aspects of establishing and operating spaceport infrastructure
626	and related facilities within the state.
627	(8)  Carry out its responsibility for research and
628	development by:
629	(a)  Contracting for the operations of the state's Space
630	Life Sciences Laboratory.
631	(b)  Working in collaboration with one or more universities
632	and other public or private entities to develop a proposal for a
633	Center of Excellence for Aerospace that will foster and promote
634	the research necessary to develop commercially promising,
635	advanced, and innovative science and technology and will
636	transfer those discoveries to the commercial sector.
637	(9)  Carry out its responsibility for workforce
638	development, with input from Workforce Florida, Inc., community
639	colleges, colleges, public and private universities, and other
640	public and private partners to develop a plan to retain, train,
641	and retrain workers, from entry-level skills training through to
642	technician-level, and 4-year degrees and higher, with the skills
643	most relevant to aerospace employers.
644	(10)  Carry out its responsibility for creating innovative
645	education programs by funding programs developed in conjunction
646	with the Department of Education that target grades K-20 in an
647	effort to promote mathematics and science education programs,
648	which may include the Florida-NASA Matching Grant Program,
649	aerospace-focused education programs for teachers, education-
650	oriented microgravity flight programs for teachers and students,
651	and Internet-based aerospace education. Funds collected pursuant
652	to s. 212.20(6)(d) and any in-kind or private-sector
653	contribution may be used to carry out innovative education
654	programs. In its annual report, Space Florida shall include, at
655	a minimum, a description of programs funded, the number of
656	students served, and private-sector support.
657	(11)  Annually report on its performance with respect to
658	its business plan, to include finance, spaceport operations,
659	research and development, workforce development, and education.
660	The report shall be submitted to the Governor, the President of
661	the Senate, and the Speaker of the House of Representatives no
662	later than September 1 for the prior fiscal year.
663	Section 7.  Section 331.306, Florida Statutes, is amended
664	to read:
665	331.306  Federal airspace notification.--In coordination
666	with the Florida Department of Transportation, Space Florida the
667	authority shall develop and file the federal airspace
668	notification required for priority airspace use.
669	Section 8.  Section 331.308, Florida Statutes, is amended
670	to read:
671	331.308  Board of directors supervisors.--
672	(1)  Space Florida shall be governed by a board of
673	directors. Designees of appointed members do not have voting
674	authority. The board of directors shall consist of the following
675	members:
676	(a)  The Governor or the Governor's designee.
677	(b)  The Secretary of Transportation or the secretary's
678	designee.
679	(c)  The president of Workforce Florida, Inc., or the
680	president's designee.
681	(d)  The president of Enterprise Florida, Inc., or the
682	president's designee.
683	(e)  The president of the direct-support organization of
684	the Florida Commission on Tourism or the president's designee.
685	(f)  The Commissioner of Education or the commissioner's
686	designee.
687	(g)  Eight members from the private sector, one of whom
688	shall be a representative of organized labor, appointed by the
689	Governor. In making these appointments, the Governor shall
690	ensure that the composition of the board reflects the diversity
691	of the aerospace industry community of this state and, to the
692	greatest degree possible, that the composition of the board
693	includes, but is not limited to, individuals representing the
694	industries of business, finance, marketing, space, aerospace,
695	aviation, defense, research and development, and education. The
696	Governor shall also consider whether the current members of the
697	board, together with potential appointees, reflect the racial,
698	ethnic, and gender diversity, as well as the geographic
699	distribution, of the population of the state.
700	(h)  Two ex officio, nonvoting members, one of whom shall
701	be a member of the Senate, selected by the President of the
702	Senate, and one of whom shall be a member of the House of
703	Representatives, selected by the Speaker of the House of
704	Representatives.
705	(i)  Six members from the private sector, three of whom
706	shall be appointed by the President of the Senate and three of
707	whom shall be appointed by the Speaker of the House of
708	Representatives.
709	(2)(a)  Vacancies on the board shall be filled for the
710	unexpired term in the same manner as the original appointments
711	to the board.
712	(b)  Each member of the board of directors shall serve for
713	a term of 4 years, except that the initial terms shall be
714	staggered.
715	1.  The Governor shall appoint two members for a 1-year
716	term, two members for 2-year terms, and three members for 4-year
717	terms.
718	2.  The President of the Senate and the Speaker of the
719	House of Representatives shall each appoint one member for a 1-
720	year term, one member for a 2-year term, and one member for a 4-
721	year term.
722	(c)  Any member is eligible for reappointment.
723	(3)  Appointed members may be removed by the Governor for
724	cause. Absence from three consecutive meetings without good
725	cause shall result in automatic removal.
726	(4)  All private sector members are subject to confirmation
727	by the Senate at the next regular session of the Legislature.
728	(5)  The Governor shall serve as chair of the board of
729	directors. The board of directors shall biennially elect one of
730	its private sector members as vice chair to serve in the absence
731	of the Governor and to perform such other duties as may be
732	designated. The president shall keep a record of the proceedings
733	of the board of directors and shall be the custodian of all
734	books, documents, and papers filed with the board of directors,
735	the minutes of the board of directors, and the official seal of
736	Space Florida.
737	(6)  The board of directors shall meet at least four times
738	each year, upon the call of the chair, at the request of the
739	vice chair, or at the request of a majority of the membership. A
740	majority of the total number of current voting directors shall
741	constitute a quorum. The board of directors may take official
742	action by a majority vote of the members present at any meeting
743	at which a quorum is present.
744	(7)  Members of the board of directors shall serve without
745	compensation, but members, the president, and staff may be
746	reimbursed for all reasonable, necessary, and actual expenses,
747	as determined by the board of directors of Space Florida
748	pursuant to s. 112.061.
749	(8)  Each member of the board of directors of Space Florida
750	who is not otherwise required to file financial disclosure
751	pursuant to s. 8, Art. II of the State Constitution or s.
752	112.3144, shall file disclosure of financial interests pursuant
753	to s. 112.3145.
754	(9)  Each member of the board of directors of Space Florida
755	must be a resident of this state. There is created within the
756	Florida Space Authority a board of supervisors consisting of
757	eight regular members, who shall be appointed by the Governor,
758	and two ex officio nonvoting members, one of whom shall be a
759	state senator selected by the President of the Senate and one of
760	whom shall be a state representative selected by the Speaker of
761	the House of Representatives. The Lieutenant Governor, who is
762	the state's space policy leader, shall serve as chair of the
763	board of supervisors, and shall cast the deciding vote if the
764	votes of the eight regular members result in a tie. The board
765	shall elect a vice chair to preside in the absence of the
766	Lieutenant Governor and to perform such other duties as may be
767	designated. All regular members shall be subject to confirmation
768	by the Senate at the next regular session of the Legislature.
769	Existing board members are not prohibited from reappointment.
770	Each of the regular board members must be a resident of the
771	state and must have experience in the aerospace or commercial
772	space industry or in finance or have other significant relevant
773	experience. A private sector legal entity may not have more than
774	one person serving on the board at any one time. One regular
775	member shall represent organized labor interests, one regular
776	member shall represent minority interests, and four regular
777	members must represent space industry, at least one of whom must
778	also be from a small business, as defined in s. 288.703. For the
779	purpose of this section, "space industry" includes private
780	sector entities engaged in space flight business, as defined in
781	s. 212.031, research and technology development of space-based
782	products and services, space station commercialization,
783	development of spaceport and range technology, remote sensing
784	products and services, space biotechnology, measurement and
785	calibration of space assets, space-related software and
786	information technology development, design and architecture of
787	space-based assets and facilities for manufacturing and other
788	purposes, space-related nanotechnology, space tourism, and other
789	commercial enterprises utilizing uniquely space-based
790	capabilities.
791	(2)  Each regular member shall serve a term of 4 years or
792	until a successor is appointed and qualified. The term of each
793	such member shall be construed to commence on the date of
794	appointment and to terminate on June 30 of the year of the end
795	of the term. Appointment to the board shall not preclude any
796	such member from holding any other private or public position.
797	(3)  The ex officio nonvoting legislative members shall
798	serve on the board for 2-year terms.
799	(4)  Any vacancy on the board shall be filled for the
800	balance of the unexpired term.
801	(5)  The board shall appoint an executive director.
802	Meetings shall be held quarterly or more frequently at the call
803	of the chair. A majority of the regular members of the board
804	shall constitute a quorum, and a majority vote of such members
805	present is necessary for any action taken by the board.
806	(6)  The Governor has the authority to remove from the
807	board any regular member in the manner and for cause as defined
808	by the laws of this state and applicable to situations that may
809	arise before the board. Unless excused by the chair of the
810	board, a regular member's absence from two or more consecutive
811	board meetings creates a vacancy in the office to which the
812	member was appointed.
813	Section 9.  Section 331.309, Florida Statutes, is amended
814	to read:
815	331.309  Treasurer; depositories; fiscal agent.--
816	(1)  The board shall designate an individual who is a
817	resident of the state, or a qualified public depository as
818	defined in s. 280.02, as treasurer of Space Florida the
819	authority, who shall have charge of the funds of Space Florida
820	the authority. Such funds shall be disbursed only upon the order
821	of or pursuant to the resolution of the board by warrant, check,
822	authorization, or direct deposit pursuant to s. 215.85, signed
823	or authorized by the treasurer or his or her representative or
824	by such other persons as may be authorized by the board. The
825	board may give the treasurer such other or additional powers and
826	duties as the board may deem appropriate and shall establish the
827	treasurer's compensation. The board may require the treasurer to
828	give a bond in such amount, on such terms, and with such
829	sureties as may be deemed satisfactory to the board to secure
830	the performance by the treasurer of his or her powers and
831	duties. The board shall audit or have audited the books of the
832	treasurer at least once a year.
833	(2)  The board is authorized to select as depositories in
834	which the funds of the board and of Space Florida the authority
835	shall be deposited any qualified public depository as defined in
836	s. 280.02, upon such terms and conditions as to the payment of
837	interest by such depository upon the funds so deposited as the
838	board may deem just and reasonable. Funds of the authority may
839	also be deposited with the Florida Commercial Space Financing
840	Corporation created by s. 331.407. The funds of Space Florida
841	the authority may be kept in or removed from the State Treasury
842	upon written notification from the chair of the board to the
843	Chief Financial Officer.
844	(3)  The board may employ a fiscal agent, who shall be
845	either a resident of the state or a corporation organized under
846	the laws of this or any other state and authorized by such laws
847	to act as such fiscal agent in the state.
848	Section 10.  Section 331.310, Florida Statutes, is amended
849	to read:
850	331.310  Powers and duties of the board of directors
851	supervisors.--Except as otherwise provided in this act, all of
852	the powers and duties of the authority shall be exercised by and
853	through the board of supervisors, including the power and duty
854	to:
855	(1)  The board of directors may: Adopt bylaws, rules,
856	resolutions, and orders prescribing the powers, duties, and
857	functions of the officers of the authority, the conduct of the
858	business of the authority, the maintenance of records, and the
859	form of all documents and records of the authority. The board
860	may adopt administrative rules and regulations with respect to
861	any of the projects of the authority, with notice and public
862	hearing.
863	(2)  Maintain an executive office and authority offices in
864	close proximity to Kennedy Space Center.
865	(a)(3)  Enter, and authorize any agent or employee of Space
866	Florida the authority to enter, upon any lands, waters, and
867	premises, upon giving reasonable notice and due process to the
868	land owner, for the purposes of making surveys, soundings,
869	drillings, appraisals, and examinations necessary to perform its
870	duties and functions. Any such entry shall not be deemed a
871	trespass or an entry that would constitute a taking in an
872	eminent domain proceeding. Space Florida The authority shall
873	make reimbursement for any actual damages to such lands, waters,
874	and premises as a result of such activity.
875	(b)(4)  Execute all contracts and other documents, adopt
876	all proceedings, and perform all acts determined by the board to
877	be necessary or desirable to carry out the purposes of this act.
878	The board may authorize one or more members of the board to
879	execute contracts and other documents on behalf of the board or
880	Space Florida the authority.
881	(c)(5)  Establish and create such departments, committees,
882	or other entities agencies as from time to time the board may
883	deem necessary or desirable in the performance of any acts or
884	other things necessary to the exercise of the powers provided in
885	this act, and delegate to such departments, boards, or other
886	agencies such administrative duties and other powers as the
887	board may deem necessary or desirable.
888	(6)  Appoint a person to act as executive director of the
889	authority, having such official title, functions, duties,
890	powers, and salary as the board may prescribe.
891	(d)(7)  Examine, and authorize any officer or agent of
892	Space Florida the authority to examine, the county tax rolls
893	with respect to the assessed valuation of the real and personal
894	property within any spaceport territory.
895	(e)(8)  Engage in the planning and implementation of space-
896	related economic and educational development within the state.
897	(f)  Provide the strategic direction for the aerospace-
898	related research priorities of the state and its aerospace-
899	related businesses, the scope of research projects for Space
900	Florida, and the timeframe for completion of the projects.
901	(g)(9)  Execute intergovernmental agreements and
902	development agreements consistent with prevailing statutory
903	provisions, including, but not limited to, special benefits or
904	tax increment financing initiatives.
905	(h)  Finance aerospace business development projects or
906	initiatives using the funds collected pursuant to s.
907	212.20(6)(d).
908	(i)(10)  Establish reserve funds for future board
909	operations.
910	(j)(11)  Adopt rules pursuant to chapter 120 to carry out
911	the purposes of this act.
912	(2)  The board of directors shall:
913	(a)  Adopt bylaws, rules, resolutions, and orders
914	prescribing the powers, duties, and functions of Space Florida
915	to conduct the business of Space Florida, the maintenance of
916	records, and the form of all documents and records of Space
917	Florida. The board may adopt rules with respect to any of the
918	projects of Space Florida with notice and a public hearing.
919	(b)  Maintain an executive office and Space Florida offices
920	in close proximity to the John F. Kennedy Space Center.
921	(c)  Appoint a person to act as the president of Space
922	Florida, having such official title, functions, duties, powers,
923	and salary as the board may prescribe.
924	(d)(12)  Abide by all applicable federal labor laws in the
925	construction and day-to-day operations of Space Florida the
926	authority and any spaceport. Further, the board shall establish,
927	by rule and regulation, pursuant to chapter 120, policies and
928	procedures for the construction and operation of Space Florida
929	the authority and any spaceport. The Said policies and
930	procedures shall be such that when Space Florida the authority
931	expends federal funds for construction or operation of any
932	spaceport project, Space Florida the authority will be subject
933	to the federal labor laws observed at the John F. Kennedy Space
934	Center and Cape Canaveral Air Force Station, Florida, applicable
935	as a result of such federal expenditures.
936	(e)(13)  Prepare an annual report of operations. The Said
937	report shall include, but not be limited to, a balance sheet, an
938	income statement, a statement of changes in financial position,
939	a reconciliation of changes in equity accounts, a summary of
940	significant accounting principles, the auditor's report, a
941	summary of the status of existing and proposed bonding projects,
942	comments from management about the year's business, and
943	prospects for the next year, which shall be submitted each year
944	by December 31 November 30 to the Governor, the President of the
945	Senate, the Speaker of the House of Representatives, the
946	minority leader of the Senate, and the minority leader of the
947	House of Representatives.
948	(f)  Establish a personnel management system for hiring
949	employees and establishing employee's benefit packages.
950	Personnel of Space Florida are not state employees.
951	(14)  Change the name of the authority.
952	Section 11.  Section 331.3101, Florida Statutes, is amended
953	to read:
954	331.3101  Space Florida Space Authority; travel and
955	entertainment expenses.--
956	(1)  Notwithstanding the provisions of s. 112.061, Space
957	Florida the authority shall adopt rules by which it may make
958	expenditures by advancement or reimbursement, or a combination
959	thereof, to Space Florida authority officers and employees;
960	reimburse business clients, guests, and authorized persons as
961	defined in s. 112.061(2)(e); and make direct payments to third-
962	party vendors:
963	(a)  For travel expenses of such business clients, guests,
964	and authorized persons incurred by Space Florida the authority
965	in connection with the performance of its statutory duties, and
966	for travel expenses incurred by state officials and state
967	employees while accompanying such business clients, guests, or
968	authorized persons or when authorized by the board or its
969	designee.
970	(b)  For entertainment expenses of such guests, business
971	clients, and authorized persons incurred by Space Florida the
972	authority in connection with the performance of its statutory
973	duties, and for entertainment expenses incurred for Space
974	Florida authority officials and employees when such expenses are
975	incurred while in the physical presence of such business
976	clients, guests, or authorized persons.
977	(2)  The rules shall be subject to approval by the Chief
978	Financial Officer before adoption prior to promulgation. The
979	rules shall require the submission of paid receipts, or other
980	proof prescribed by the Chief Financial Officer, with any claim
981	for reimbursement, and shall require, as a condition for any
982	advancement, an agreement to submit paid receipts or other proof
983	and to refund any unused portion of the advancement within 15
984	days after the expense is incurred or, if the advancement is
985	made in connection with travel, within 15 days after completion
986	of the travel. However, with respect to an advancement made
987	solely for travel expenses, the rules may allow paid receipts or
988	other proof to be submitted, and any unused portion of the
989	advancement to be refunded, within 30 days after completion of
990	the travel.
991	(3)  An annual report shall be made to the Legislature not
992	later than September 1 November 30 of each year for the previous
993	fiscal year, which shall consist of a synopsis concisely
994	summarizing all travel, entertainment, and incidental expenses
995	incurred within the United States and, separately, all travel,
996	entertainment, and incidental expenses incurred outside the
997	United States.
998	(4)  A No claim submitted under this section is not shall
999	be required to be sworn to before a notary public or other
1000	officer authorized to administer oaths, but any claim authorized
1001	or required to be made under any provision of this section must
1002	shall contain a statement that the expenses were actually
1003	incurred as necessary travel or entertainment expenses in the
1004	performance of official duties of Space Florida the authority
1005	and shall be verified by written declaration that it is true and
1006	correct as to every material matter. Any person who willfully
1007	makes and subscribes to any such claim which the person does not
1008	believe to be true and correct as to every material matter or
1009	who willfully aids or assists in, or procures, counsels, or
1010	advises, the preparation or presentation of a claim pursuant to
1011	this section, which claim is fraudulent or false as to any
1012	material matter, whether or not such falsity or fraud is with
1013	the knowledge or consent of the person authorized or required to
1014	present such claim, commits a misdemeanor of the second degree,
1015	punishable as provided in s. 775.082 or s. 775.083. Whoever
1016	receives an advancement or reimbursement by means of a false
1017	claim is civilly liable, in the amount of the overpayment, for
1018	the reimbursement of the public fund from which the claim was
1019	paid.
1020	Section 12.  Section 331.311, Florida Statutes, is amended
1021	to read:
1022	331.311  Exercise by Space Florida authority of its powers
1023	within municipalities and other political subdivisions.--Space
1024	Florida may The authority shall have the power to exercise any
1025	of its rights, powers, privileges, and authority in any and all
1026	portions of any spaceport territory lying within the boundaries
1027	of any municipal corporation or other political subdivision,
1028	heretofore or hereafter created or organized, whose boundaries
1029	lie wholly or partly within the geographical limits of the
1030	spaceport territory, to the same extent and in the same manner
1031	as in areas of the spaceport territory not incorporated as part
1032	of a municipality or other political subdivision. With respect
1033	to any municipal corporation or other political subdivision
1034	whose boundaries lie partly within and partly without the
1035	geographical limits of the spaceport territory, Space Florida
1036	may the authority shall have the power to exercise its rights,
1037	powers, privileges, and authority only within the portion of the
1038	such municipal corporation or other political subdivision lying
1039	within the boundaries of the spaceport territory.
1040	Section 13.  Section 331.312, Florida Statutes, is amended
1041	to read:
1042	331.312  Furnishing facilities and services within the
1043	spaceport territory.--Space Florida may The authority shall have
1044	the power to construct, develop, create, maintain, and operate
1045	its projects within the geographical limits of the spaceport
1046	territory, including any portions of the spaceport territory
1047	located inside the boundaries of any incorporated municipality
1048	or other political subdivision, and to offer, supply, and
1049	furnish the facilities and services provided for in this act to,
1050	and to establish and collect fees, rentals, and other charges
1051	from, persons, public or private, within the geographical limits
1052	of the spaceport territory and for the use of Space Florida the
1053	authority itself.
1054	Section 14.  Section 331.313, Florida Statutes, is amended
1055	to read:
1056	331.313  Power of Space Florida the authority with respect
1057	to roads.--Within the territorial limits of any spaceport
1058	territory, Space Florida may the authority has the right to
1059	acquire, through purchase or interagency agreement, or as
1060	otherwise provided in law, and to construct, control, and
1061	maintain, roads deemed necessary by Space Florida the authority
1062	and connections thereto and extensions thereof now or hereafter
1063	acquired, constructed, or maintained in accordance with
1064	established highway safety standards; provided that, in the
1065	event a road being addressed by Space Florida the authority is
1066	owned by another agency or jurisdiction, Space Florida the
1067	authority, before prior to proceeding with the proposed project
1068	or work activity, shall have either coordinated the desired work
1069	with the owning agency or jurisdiction or shall have
1070	successfully executed an interagency agreement with the owning
1071	agency or jurisdiction.
1072	Section 15.  Section 331.315, Florida Statutes, is amended
1073	to read:
1074	331.315  Maintenance of projects across rights-of-
1075	way.--Space Florida may The authority shall have the right to
1076	construct and operate its projects in, along, or under any
1077	streets, alleys, highways, or other public places or ways, and
1078	across any drain, ditch, canal, floodway, holding basin,
1079	excavation, railroad right-of-way, track, grade, fill, or cut;
1080	provided, however, Space Florida shall pay that just
1081	compensation, including fees, shall be paid by the authority for
1082	any damages arising from or private property taken by the
1083	exercise of such power.
1084	Section 16.  Section 331.316, Florida Statutes, is amended
1085	to read:
1086	331.316  Rates, fees, rentals, tolls, fares, and charges;
1087	procedure for adoption and modification; minimum revenue
1088	requirements.--
1089	(1)  To recover the costs of the spaceport facility or
1090	system, Space Florida may the authority shall have the power to
1091	prescribe, fix, establish, and collect rates, fees, rentals,
1092	tolls, fares, or other charges (hereinafter referred to as
1093	"revenues"), and to revise the same from time to time, for the
1094	facilities and services furnished or to be furnished by Space
1095	Florida the authority and the spaceport, including, but not
1096	limited to, launch pads, ranges, payload assembly and processing
1097	facilities, visitor and tourist facilities, transportation
1098	facilities, and parking and other related facilities, and may
1099	shall have the power to provide for reasonable penalties against
1100	any user or property for any such rates, fees, rentals, tolls,
1101	fares, or other charges that are delinquent.
1102	(2)  The board may shall have the power to enter into
1103	contracts for the use of the projects of Space Florida the
1104	authority and for the services and facilities furnished or to be
1105	furnished by Space Florida the authority, including, but not
1106	limited to, launch services, payload assembly and processing,
1107	and other aerospace-related space-related services, for such
1108	consideration and on such other terms and conditions as the
1109	board may approve. Such contracts, and revenues or service
1110	charges received or to be received by Space Florida the
1111	authority thereunder, may be pledged as security for any of the
1112	bonds of Space Florida the authority.
1113	Section 17.  Section 331.317, Florida Statutes, is amended
1114	to read:
1115	331.317  Recovery of delinquent charges.--In the event that
1116	any of the rates, fees, rentals, tolls, fares, other charges, or
1117	delinquent penalties shall not be paid as and when due and shall
1118	be in default for 30 days or more, the unpaid balance thereof
1119	and all interest accrued thereon, together with attorney's fees
1120	and costs, may be recovered by Space Florida the authority in a
1121	civil action.
1122	Section 18.  Section 331.318, Florida Statutes, is amended
1123	to read:
1124	331.318  Discontinuance of service.--In the event that the
1125	rates, fees, rentals, tolls, fares, or other charges for the
1126	services and facilities of any project are not paid when due,
1127	the board may shall have the power to discontinue and shut off
1128	the same until such rates, fees, rentals, tolls, fares, or other
1129	charges, including interest, penalties, and charges for the
1130	shutting off and discontinuance and the restoration of such
1131	services and facilities, are fully paid. Such delinquent rates,
1132	fees, rentals, tolls, fares, or other charges, together with
1133	interest, penalties, and charges for the shutting off and
1134	discontinuance and the restoration of such services and
1135	facilities, and reasonable attorney's fees and other expenses,
1136	may be recovered by Space Florida the authority by suit in any
1137	court of competent jurisdiction. Space Florida The authority may
1138	also enforce payment of such delinquent rates, fees, rentals,
1139	tolls, fares, or other charges by any other lawful method of
1140	enforcement.
1141	Section 19.  Section 331.319, Florida Statutes, is amended
1142	to read:
1143	331.319  Comprehensive planning; building and safety
1144	codes.--The board of directors may supervisors shall have the
1145	power to:
1146	(1)  Adopt, and from time to time review, amend,
1147	supplement, or repeal, a comprehensive general plan for the
1148	physical development of the area within the spaceport territory
1149	in accordance with the objectives and purposes of this act and
1150	consistent with the comprehensive plans of the applicable county
1151	or counties and municipality or municipalities adopted pursuant
1152	to the Local Government Comprehensive Planning and Land
1153	Development Regulation Act, part II of chapter 163.
1154	(2)  Prohibit within the spaceport territory the
1155	construction, alteration, repair, removal, or demolition, or the
1156	commencement of the construction, alteration, repair (except
1157	emergency repairs), removal, or demolition, of any building or
1158	structure, including, but not by way of limitation, public
1159	utility poles, lines, pipes, and facilities, without first
1160	obtaining a permit from the board or such other officer or
1161	agency as the board may designate, and to prescribe the
1162	procedure with respect to the obtaining of such permit.
1163	Section 20.  Section 331.320, Florida Statutes, is amended
1164	to read:
1165	331.320  Additional powers of board.--The board of
1166	directors may shall have the power within any spaceport
1167	territory to:
1168	(1)  Adopt regulations to prohibit or control the pollution
1169	of air and water, and require certain location and placement of
1170	electrical power, telephone, and other utility lines, cables,
1171	pipes, and ducts.
1172	(2)  Divide the spaceport territory into zones or districts
1173	of such number, shape, and area as the board may deem best
1174	suited to carry out the purposes of this act, and within and for
1175	each such district make regulations and restrictions as provided
1176	for in subsection (1).
1177	Section 21.  Section 331.321, Florida Statutes, is amended
1178	to read:
1179	331.321  Federal and other funds and aid.--Space Florida
1180	may The authority is authorized to accept, receive, and receipt
1181	for federal moneys, property, and other moneys or properties,
1182	either public or private, for the acquisition, planning,
1183	operation, construction, enlargement, improvement, maintenance,
1184	equipment, or development of programs, facilities, and sites
1185	therefor, and to comply with the provisions of the laws of the
1186	United States and any rules and regulations made thereunder for
1187	the expenditure of federal moneys.
1188	Section 22.  Section 331.322, Florida Statutes, is amended
1189	to read:
1190	331.322  Agreements with municipalities within any
1191	spaceport territory.--The board of directors and the governing
1192	body or bodies of any one or more municipalities located wholly
1193	or partly within any spaceport territory, whether now in
1194	existence or hereafter created, may are authorized to enter into
1195	and carry into effect contracts and agreements relating to the
1196	common powers, duties, and functions of the board and other
1197	officers, agents, and employees of Space Florida the authority,
1198	and the respective governing body or bodies of one or more such
1199	municipalities, and their respective officers, agents, and
1200	employees, to the end that there may be effective cooperation
1201	between and coordination of the efforts of such municipality or
1202	municipalities and Space Florida the authority in discharging
1203	their common functions, powers, and duties and in rendering
1204	services to the respective residents and property owners of such
1205	municipality or municipalities and Space Florida the authority.
1206	The board and the governing body or bodies of one or more such
1207	municipalities are further authorized to enter into and carry
1208	into effect contracts and agreements for the performance of any
1209	of their common functions, powers, and duties by a central
1210	agency or common agent of the contracting parties.
1211	Section 23.  Section 331.323, Florida Statutes, is amended
1212	to read:
1213	331.323  Cooperative agreements with the state, counties,
1214	and municipalities.--
1215	(1)  The state and the counties, municipalities, and other
1216	political subdivisions, public bodies, and agencies thereof, or
1217	any of them, whether now existing or hereafter created, are
1218	authorized to aid and cooperate with Space Florida the authority
1219	in carrying out any of the purposes and projects of Space
1220	Florida the authority, to enter into cooperative agreements with
1221	Space Florida the authority, to provide in any such cooperative
1222	agreement for the making of loans, gifts, grants, or
1223	contributions to Space Florida the authority and the granting
1224	and conveyance to Space Florida the authority of real or
1225	personal property of any kind or nature, or any interest
1226	therein, for the carrying out of the purpose and projects of
1227	Space Florida the authority; to covenant in any such cooperative
1228	agreement to pay all or any part of the costs of acquisition,
1229	planning, development, construction, reconstruction, extension,
1230	improvement, operation, and maintenance of any projects of Space
1231	Florida the authority; and to pay all or any part of the
1232	principal and interest on any bonds of Space Florida the
1233	authority.
1234	(2)  The state and the counties, municipalities, and other
1235	political subdivisions, public bodies, and agencies thereof, or
1236	any of them, whether now existing or hereafter created, and
1237	Space Florida the authority created by this act, are further
1238	authorized to enter into cooperative agreements to provide for
1239	the furnishing by Space Florida the authority to the state or
1240	any county, municipality, or other political subdivision, public
1241	body, or agency thereof of any of the facilities and services of
1242	Space Florida the authority, or by the state or any county,
1243	municipality, or other political subdivision, public body, or
1244	agency thereof to Space Florida the authority and to persons
1245	within the spaceport territory of facilities and services of the
1246	type that Space Florida the authority is authorized to furnish
1247	or undertake, or such other facilities and services as may be
1248	determined necessary or desirable by the board for the carrying
1249	out of the purposes of this act. Without limitation of the
1250	foregoing, such cooperative agreements may provide for the
1251	furnishing by any county, municipality, or other political
1252	subdivision of fire and police protection for Space Florida the
1253	authority and persons and property within Space Florida the
1254	authority, and for the providing to Space Florida the authority
1255	of any services deemed necessary or desirable by the board for
1256	the proper functioning of Space Florida the authority.
1257	(3)  Without limitation of the foregoing, the board may
1258	undertake and finance any of the projects of Space Florida the
1259	authority, in whole or in part, jointly with any municipality or
1260	municipalities, now existing or hereafter created, or in any
1261	other manner combine the projects of Space Florida the authority
1262	with the projects of such municipality or municipalities.
1263	(4)  Any agreement of the type authorized by this section
1264	may be made and entered into under pursuant to this act for such
1265	time or times, not exceeding 40 years.
1266	Section 24.  Section 331.324, Florida Statutes, is amended
1267	to read:
1268	331.324  Contracts, grants, and contributions.--Space
1269	Florida may The authority shall have the power to make and enter
1270	all contracts and agreements necessary or incidental to the
1271	performance of the functions of Space Florida the authority and
1272	the execution of its powers, and to contract with, and to accept
1273	and receive grants or loans of money, material, or property
1274	from, any person, private or public, as the board shall
1275	determine to be necessary or desirable to carry out the purposes
1276	of this act, and in connection with any such contract, grant, or
1277	loan to stipulate and agree to such covenants, terms, and
1278	conditions as the board shall deem appropriate.
1279	Section 25.  Section 331.325, Florida Statutes, is amended
1280	to read:
1281	331.325  Environmental permits.--Space Florida The
1282	authority shall obtain required environmental permits in
1283	accordance with federal and state law and shall comply with the
1284	provisions of chapter 380.
1285	Section 26.  Section 331.326, Florida Statutes, is amended
1286	to read:
1287	331.326  Information relating to trade secrets
1288	confidential.--The records of Space Florida the authority
1289	regarding matters encompassed by this act are public records
1290	subject to the provisions of chapter 119. Any information held
1291	by Space Florida the authority which is a trade secret, as
1292	defined in s. 812.081, including trade secrets of Space Florida
1293	the authority, any spaceport user, or the space industry
1294	business, is confidential and exempt from the provisions of s.
1295	119.07(1) and s. 24(a), Art. I of the State Constitution and may
1296	not be disclosed. If Space Florida the authority determines that
1297	any information requested by the public will reveal a trade
1298	secret, it shall, in writing, inform the person making the
1299	request of that determination. The determination is a final
1300	order as defined in s. 120.52. Any meeting or portion of a
1301	meeting of Space Florida's the authority's board of supervisors
1302	is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1303	of the State Constitution when the board is discussing trade
1304	secrets. Any public record generated during the closed portions
1305	of the such meetings, such as minutes, tape recordings, and
1306	notes, is confidential and exempt from the provisions of s.
1307	119.07(1) and s. 24(a), Art. I of the State Constitution.
1308	Section 27.  Section 331.327, Florida Statutes, is amended
1309	to read:
1310	331.327  Foreign trade zone.--Space Florida may The
1311	authority shall have the power to apply to the Federal
1312	Government for a grant allowing the designation of any spaceport
1313	territory as a foreign trade zone pursuant to ss. 288.36 and
1314	288.37. However, the designation of any spaceport territory as a
1315	foreign trade zone does shall not be deemed to authorize an
1316	exemption from any tax imposed by the state or by any political
1317	subdivision, agency, or instrumentality thereof.
1318	Section 28.  Section 331.328, Florida Statutes, is amended
1319	to read:
1320	331.328  Sovereign immunity.--Space Florida The authority
1321	shall be granted sovereign immunity in the same manner as the
1322	state under the laws and Constitution of the State of Florida.
1323	The state, by this section, hereby waives the sovereign immunity
1324	granted to the same extent as waived by the state under state
1325	law.
1326	Section 29.  Section 331.329, Florida Statutes, is amended
1327	to read:
1328	331.329  Changing boundary lines; annexation and exclusion
1329	of lands; creation of municipalities within the geographical
1330	limits of any spaceport territory; limitations on the furnishing
1331	of services within annexed areas.--
1332	(1)  The board of directors may at any time strike out or
1333	correct the description of any land within or claimed to be
1334	within the boundary lines of any spaceport territory upon the
1335	written consent of the owners of all the land that would be
1336	included or excluded from the boundary lines of any spaceport
1337	territory or otherwise affected by the taking of such action,
1338	and of the owners of not less than the majority in acreage of
1339	all lands within any spaceport territory.
1340	(a)  The board may enlarge the geographical limits of any
1341	spaceport territory to include any lands not then within any
1342	spaceport territory:
1343	1.  Upon the written consent of the owners of all the land
1344	to be included in any spaceport territory and of the owners of
1345	not less than a majority in acreage of all the land then within
1346	any spaceport territory; or
1347	2.  By resolution of the board approved at a special
1348	election called for such purpose, by vote of a majority of
1349	freeholders residing within the area to be annexed and a
1350	majority of freeholders residing within any spaceport territory.
1351	(b)  The board of directors may contract the geographical
1352	limits of any spaceport territory so as to exclude from any
1353	spaceport territory any land then within any spaceport
1354	territory:
1355	1.  Upon the written consent of the owners of all the land
1356	to be so excluded and of the owners of not less than a majority
1357	in acreage of all the land then within any spaceport territory;
1358	or
1359	2.  By resolution of the board approved at a special
1360	election called for such purpose, by vote of a majority of
1361	freeholders residing within the area to be excluded and a
1362	majority of the freeholders residing within any spaceport
1363	territory.
1364	(2)  Land, including property situated thereon, added to
1365	any spaceport territory in the manner provided in subsection (1)
1366	shall from the time of its inclusion within such spaceport
1367	territory be subject to all assessments thereafter levied and
1368	assessed on all other land or property of any spaceport
1369	territory similarly situated. Land, including property situated
1370	thereon, excluded from any spaceport territory in the manner
1371	provided in subsection (1) shall from the date of such exclusion
1372	be exempt from assessments thereafter imposed by Space Florida
1373	the authority but shall not be exempt from assessments
1374	theretofore levied or due with respect to such land or property,
1375	or from subsequent installments of assessments theretofore
1376	levied or assessed with respect thereto, and such assessments
1377	may be enforced and collected by or on behalf of Space Florida
1378	the authority in the same manner as if such land or property
1379	continued to be within the geographical limits of any spaceport
1380	territory.
1381	(3)  In the event that the geographical limits of any
1382	spaceport territory as set forth in s. 331.304 are revised so as
1383	to include within any spaceport territory any areas not
1384	presently contained within any spaceport territory, Space
1385	Florida may the authority shall not engage in the business of
1386	furnishing electric power for sale in such annexed area, unless
1387	Space Florida the authority shall offer to purchase from any
1388	person who is at the time engaged in the business of making,
1389	generating, or distributing electricity for sale within such
1390	annexed area, such portion of its electric plant and property
1391	suitable and used for such business in connection therewith as
1392	lies within the limits of such annexed area, in a manner
1393	consistent with law.
1394	(4)  Space Florida The authority shall designate new launch
1395	pads outside the present designated spaceport territories by
1396	statutory amendment of s. 331.304.
1397	Section 30.  Section 331.331, Florida Statutes, is amended
1398	to read:
1399	331.331  Revenue bonds.--
1400	(1)  Revenue bonds issued by Space Florida the authority
1401	shall not be deemed revenue bonds issued by the state or its
1402	agencies for purposes of s. 11, Art. VII of the State
1403	Constitution and ss. 215.57-215.83. Space Florida The authority
1404	shall include in its annual report to the Governor and
1405	Legislature, as provided in s. 331.310, a summary of the status
1406	of existing and proposed bonding projects.
1407	(2)  The issuance of revenue bonds may be secured by or
1408	payable from the gross or net pledge of the revenues to be
1409	derived from any project or combination of projects, from the
1410	rates, fees, rentals, tolls, fares, or other charges to be
1411	collected from the users of any project or projects; from any
1412	revenue-producing undertaking or activity of Space Florida the
1413	authority; or from any source of pledged security. Such bonds
1414	shall not constitute an indebtedness of Space Florida the
1415	authority unless such bonds are additionally secured by the full
1416	faith and credit of Space Florida the authority. Bonds issued by
1417	Space Florida the authority are not secured by the full faith
1418	and credit of the State of Florida and do not constitute an
1419	obligation, either general or special, thereof.
1420	(3)  Any two or more projects may be combined and
1421	consolidated into a single project, and may thereafter be
1422	operated and maintained as a single project. The revenue bonds
1423	authorized herein may be issued to finance any one or more such
1424	projects separately, or to finance two or more such projects,
1425	regardless whether or not such projects have been combined and
1426	consolidated into a single project. If the board deems it
1427	advisable, the proceedings authorizing such revenue bonds may
1428	provide that Space Florida the authority may thereafter combine
1429	the projects then being financed or theretofore financed with
1430	other projects to be subsequently financed by Space Florida the
1431	authority shall be on a parity with the revenue bonds then being
1432	issued, all on such terms, conditions, and limitations as shall
1433	be provided, and may further provide that the revenues to be
1434	derived from the subsequent projects shall at the time of the
1435	issuance of such parity revenue bonds be also pledged to the
1436	holders of any revenue bonds theretofore issued to finance the
1437	revenue undertakings which are later combined with such
1438	subsequent projects. Space Florida The authority may pledge for
1439	the security of the revenue bonds a fixed amount, without regard
1440	to any fixed proportion of the gross revenues of any project.
1441	Section 31.  Section 331.333, Florida Statutes, is amended
1442	to read:
1443	331.333  Refunding bonds.--Space Florida The authority
1444	through its board may shall have the power to issue bonds to
1445	provide for the retirement or refunding of any bonds or
1446	obligations of Space Florida the authority that at the time of
1447	such issuance are or subsequently thereto become due and
1448	payable, or that at the time of issuance have been called or are
1449	or will be subject to call for redemption within 10 years
1450	thereafter, or the surrender of which can be procured from the
1451	holders thereof at prices satisfactory to the board. Refunding
1452	bonds may be issued at any time when in the judgment of the
1453	board such issuance will be advantageous to Space Florida the
1454	authority. The provisions of this act pertaining to bonds of
1455	Space Florida the authority shall, unless the context otherwise
1456	requires, govern the issuance of refunding bonds, the form and
1457	other details thereof, the rights of the holders thereof, and
1458	the duties of the board with respect to the same.
1459	Section 32.  Section 331.334, Florida Statutes, is amended
1460	to read:
1461	331.334  Pledging assessments and other revenues and
1462	properties as additional security on bonds.--Space Florida The
1463	authority may pledge as additional security for the payment of
1464	any of the bonds of Space Florida the authority its full faith
1465	and credit, and provide that such bonds shall be payable as to
1466	both principal and interest, and as to any reserve or other
1467	funds provided therefor, to the full extent that any revenues as
1468	defined in this act, assessments, or other funds, or any
1469	combination thereof, pledged therefor are insufficient for the
1470	full payment of the same, and provided further that no bonds
1471	shall be issued to the payment of which the full faith and
1472	credit of Space Florida the authority is pledged unless approved
1473	at an election in the manner provided by law. Space Florida The
1474	authority by resolution of the board may also pledge as
1475	additional security for said bonds the revenues from any project
1476	of Space Florida the authority, utility service, assessments,
1477	and any other sources of revenue or funds, or any combination of
1478	the foregoing, and may pledge or mortgage any of the properties,
1479	rights, interest, or other assets of Space Florida the
1480	authority. Bonds issued by Space Florida the authority are not
1481	secured by the full faith and credit of the State of Florida and
1482	do not constitute an obligation, either general or special,
1483	thereof. The board may also provide with respect to any bonds of
1484	Space Florida the authority that such bonds shall be payable, in
1485	whole or in part, as to principal amount or interest, or both,
1486	out of rates, fees, rentals, tolls, fares, or other charges
1487	collected with respect to any of the projects of Space Florida
1488	the authority.
1489	Section 33.  Section 331.335, Florida Statutes, is amended
1490	to read:
1491	331.335  Lien of pledges.--All pledges of revenues and
1492	assessments made pursuant to the provisions of this act shall be
1493	valid and binding from the time when such pledges are made. All
1494	such revenues and assessments so pledged and thereafter
1495	collected shall immediately be subject to the lien of such
1496	pledges without any physical delivery thereof or further action,
1497	and the lien of such pledges shall be valid and binding as
1498	against all parties having claims of any kind in tort, contract,
1499	or otherwise against Space Florida the authority, irrespective
1500	of whether such parties have notice thereof.
1501	Section 34.  Section 331.336, Florida Statutes, is amended
1502	to read:
1503	331.336  Issuance of bond anticipation notes.--In addition
1504	to the other powers provided for in this act and not in
1505	limitation thereof, Space Florida may the authority shall have
1506	the power, at any time from time to time after the issuance of
1507	any bonds of Space Florida the authority shall have been
1508	authorized, to borrow money for the purposes for which such
1509	bonds are to be issued in anticipation of the receipt of the
1510	proceeds of the sale of such bonds and to issue bond
1511	anticipation notes in a principal amount not in excess of the
1512	authorized maximum amount of such bond issue. Such notes shall
1513	be in such denomination or denominations, bear interest at such
1514	rate or rates, mature at such time or times, be renewable for
1515	such additional term or terms, and be in such form and executed
1516	in such manner as the board shall prescribe. Such notes may be
1517	sold at public sale, or if such notes shall be renewable notes,
1518	may be exchanged for notes then outstanding on such terms as the
1519	board shall determine. Such notes shall be paid from the
1520	proceeds of such bonds when issued. The board may in its
1521	discretion, in lieu of retiring the notes by means of bonds,
1522	retire them by means of current revenues or from any assessments
1523	levied for the payment of such bonds, but in such event a like
1524	amount of the bonds authorized shall not be issued.
1525	Section 35.  Section 331.337, Florida Statutes, is amended
1526	to read:
1527	331.337  Short-term borrowing.--Space Florida The authority
1528	at any time may obtain loans, in such amount and on such terms
1529	and conditions as the board may approve, for the purpose of
1530	paying any of the expenses of Space Florida the authority or any
1531	costs incurred or that may be incurred in connection with any of
1532	the projects of Space Florida the authority, which loans shall
1533	have such term or terms, be renewable for such term or terms,
1534	bear interest at such rate or rates, and be payable from and
1535	secured by a pledge of such funds, revenues, and assessments as
1536	the board may determine. For the purpose of defraying such costs
1537	and expenses, Space Florida the authority may issue negotiable
1538	notes, warrants, or other evidences of debt signed on behalf of
1539	Space Florida the authority by any one of the board, such notes
1540	or other evidences of indebtedness to be payable at such time or
1541	times, to bear interest at such rate or rates, and to be sold or
1542	discounted at such price or prices and on such term or terms as
1543	the board may deem advisable. The board may shall have the right
1544	to provide for the payment thereof by pledging the whole or any
1545	part of the funds, revenues, and assessments of Space Florida
1546	the authority.
1547	Section 36.  Section 331.338, Florida Statutes, is amended
1548	to read:
1549	331.338  Trust agreements.--In the discretion of the board,
1550	any issue of bonds may be secured by a trust agreement by and
1551	between Space Florida the authority and a corporate trustee
1552	which may be any trust company or bank having the powers of a
1553	trust company within or without the state. The resolution
1554	authorizing the issuance of the bonds or such trust agreement
1555	may pledge the revenues to be received from any projects of
1556	Space Florida the authority and any other authorized moneys to
1557	be used for the repayment of bonds, and may contain such
1558	provisions for protecting and enforcing the rights and remedies
1559	of the bondholders as the board may approve, including without
1560	limitation covenants setting forth the duties of Space Florida
1561	the authority in relation to the acquisition, planning,
1562	development, construction, reconstruction, improvement,
1563	maintenance, repair, operation, and insurance of any projects,
1564	the fixing and revision of the rates, fees, rentals, tolls,
1565	fares, and charges, and the custody, safeguarding, and
1566	application of all moneys, and for the employment of consulting
1567	engineers in connection with such acquisition, planning,
1568	development, construction, reconstruction, improvement,
1569	maintenance, repair, or operation. It shall be lawful for any
1570	bank or trust company incorporated under the laws of the state
1571	or the United States which may act as a depository of the
1572	proceeds of bonds or of revenues to furnish such indemnifying
1573	bonds or to pledge such securities as may be required by Space
1574	Florida the authority. Such resolution or trust agreement may
1575	set forth the rights and remedies of the bondholders and of the
1576	trustee, if any, and may restrict the individual right of action
1577	by bondholders. The board may provide for the payment of the
1578	proceeds of the sale of the bonds and the revenues of any
1579	project to such officer, board, or depository as it may
1580	designate for the custody thereof, and for the method of
1581	disbursement thereof, with such safeguards and restrictions as
1582	it may determine. All expenses incurred in carrying out the
1583	provisions of such resolution or trust agreement may be treated
1584	as part of the cost of the project to which such trust agreement
1585	pertains.
1586	Section 37.  Section 331.339, Florida Statutes, is amended
1587	to read:
1588	331.339  Sale of bonds.--Bonds may be sold in blocks or
1589	installments at different times, or an entire issue or series
1590	may be sold at one time. Bonds may only be sold at public sale
1591	after being advertised and publicly noticed, unless Space
1592	Florida the authority has previously complied with the
1593	provisions of s. 218.385. Bonds may be sold or exchanged for
1594	refunding bonds. Special assessment and revenue bonds may be
1595	delivered as payment by Space Florida the authority of the
1596	purchase price or lease of any project or part thereof, or a
1597	combination of projects or parts thereof, or as the purchase
1598	price of, or exchange for, any property, real, personal, or
1599	mixed, including franchises, or services rendered by any
1600	contractor, engineer, or other person, all at one time or in
1601	blocks from time to time, in such manner and upon such terms as
1602	the board in its discretion shall determine. The price or prices
1603	for any bonds sold, exchanged, or delivered may be:
1604	(1)  The money paid for the bonds.
1605	(2)  The principal amount, plus accrued interest to date of
1606	redemption or exchange, of outstanding obligations exchanged for
1607	refunding bonds.
1608	(3)  In the case of special assessment or revenue bonds,
1609	the amount of any indebtedness to contractors or other persons
1610	paid with such bonds, or the fair value of any properties
1611	exchanged for the bonds, as determined by the board.
1612	Section 38.  Section 331.340, Florida Statutes, is amended
1613	to read:
1614	331.340  Authorization and form of bonds.--Bonds may be
1615	authorized by resolution or resolutions of the board which shall
1616	be adopted by a majority of all of the members thereof then in
1617	office and present at the meeting at which the resolution or
1618	resolutions are adopted and shall be approved as provided in s.
1619	331.305. The resolution or resolutions of the board may be
1620	adopted at the same meeting at which they are introduced, and
1621	shall be published and noticed. The board may by resolution
1622	authorize the issuance of bonds, fix the aggregate amount of
1623	bonds to be issued, the purpose or purposes for which the moneys
1624	derived therefrom shall be expanded, the rate or rates of
1625	interest, the denomination of the bonds, whether or not the
1626	bonds are to be issued in one or more series, the date or dates
1627	thereof, the date or dates of maturity, which shall not exceed
1628	40 years from their respective dates of issuance, the medium of
1629	payment, the place or places within or without the state where
1630	payment shall be made, registration privileges, redemption terms
1631	and privileges (whether with or without premium), the manner of
1632	execution, the form of the bonds including any interest coupons
1633	to be attached thereto, the manner of execution of bonds and
1634	coupons, and any and all other terms, covenants, and conditions
1635	thereof, and the establishment of reserve or other funds. Such
1636	authorizing resolution may further provide that such bonds may
1637	be executed manually or by engraved, lithographed, or facsimile
1638	signature, provided that where signatures are engraved,
1639	lithographed, or facsimile no bond shall be valid unless
1640	countersigned by a registrar or other officer designated by
1641	appropriate resolution of the board. The seal of Space Florida
1642	the authority may be affixed, lithographed, engraved, or
1643	otherwise reproduced in facsimile on such bonds. In case any
1644	officer whose signature or a facsimile of whose signature shall
1645	appear on any bonds or coupons shall cease to be such officer
1646	before the delivery of such bonds, such signature or facsimile
1647	shall nevertheless be valid and sufficient for all purposes the
1648	same as if the officer had remained in office until such
1649	delivery.
1650	Section 39.  Section 331.343, Florida Statutes, is amended
1651	to read:
1652	331.343  Defeasance.--The board may make such provision
1653	with respect to the defeasance of the right, title, and interest
1654	of the holders of any of the bonds and obligations of Space
1655	Florida the authority in any revenues, funds, or other
1656	properties by which such bonds are secured as the board deems
1657	appropriate and, without limitation on the foregoing, may
1658	provide that when such bonds or obligations become due and
1659	payable or shall have been called for redemption, and the whole
1660	amount of the principal and the interest and premium, if any,
1661	due and payable upon the bonds or obligations when outstanding
1662	shall be paid, or sufficient moneys or direct obligations of the
1663	United States Government the principal of and the interest on
1664	which when due will provide sufficient moneys, shall be held or
1665	deposited in trust for such purpose, and provision shall also be
1666	made for paying all other sums payable in connection with such
1667	bonds or other obligations, then and in such event the right,
1668	title, and interest of the holders of the bonds in any revenues,
1669	funds, or other properties by which such bonds are secured shall
1670	thereupon cease, terminate, and become void; and the board may
1671	apply any surplus in any sinking fund established in connection
1672	with such bonds or obligations and all balances remaining in all
1673	other funds or accounts other than money held for the redemption
1674	or payment of the bonds or other obligations to any lawful
1675	purpose of Space Florida the authority as the board shall
1676	determine.
1677	Section 40.  Section 331.345, Florida Statutes, is amended
1678	to read:
1679	331.345  Covenants.--Any resolution authorizing the
1680	issuance of bonds may contain such covenants as the board may
1681	deem advisable and all such covenants shall constitute valid and
1682	legally binding and enforceable contracts between Space Florida
1683	the authority and the bondholders, regardless of the time of
1684	issuance thereof. Such covenants may include, without
1685	limitation, covenants concerning the disposition of the bond
1686	proceeds, the use and disposition of project revenues, the
1687	pledging of revenues, and assessments, the obligations of Space
1688	Florida the authority with respect to the operation of the
1689	project and the maintenance of adequate project revenues, the
1690	issuance of additional bonds, the appointment, powers, and
1691	duties of trustees and receivers, the acquisition of outstanding
1692	bonds and obligations, restrictions on the establishing of
1693	competing projects or facilities, restrictions on the sale or
1694	disposal of the assets and property of Space Florida the
1695	authority, the priority of assessment liens, the priority of
1696	claims by bondholders on the taxing power of Space Florida the
1697	authority, the maintenance of deposits to assure the payment of
1698	revenues by users of spaceport facilities and services, the
1699	discontinuance of Space Florida authority services by reason of
1700	delinquent payments, acceleration upon default, the execution of
1701	necessary instruments, the procedure for amending or abrogating
1702	covenants with the bondholders, and such other covenants as may
1703	be deemed necessary or desirable for the security of the
1704	bondholders.
1705	Section 41.  Section 331.346, Florida Statutes, is amended
1706	to read:
1707	331.346  Validity of bonds; validation proceedings.--Any
1708	bonds issued by Space Florida the authority shall be
1709	incontestable in the hands of bona fide purchasers or holders
1710	for value and shall not be invalid because of any irregularity
1711	or defect in the proceedings for the issue and sale thereof.
1712	Prior to the issuance of any bonds, Space Florida the authority
1713	shall publish a notice at least once in a newspaper or
1714	newspapers published or of general circulation in the
1715	appropriate counties in the state, stating the date of adoption
1716	of the resolution authorizing such obligations, the amount,
1717	maximum rate of interest, and maturity of such obligations, and
1718	the purpose in general terms for which such obligations are to
1719	be issued, and further stating that no action or proceeding
1720	questioning the validity of such obligations or of the
1721	proceedings authorizing the issuance thereof, or of any
1722	covenants made therein, must be instituted within 20 days after
1723	the first publication of such notice, or the validity of such
1724	obligations, proceedings, and covenants shall not be thereafter
1725	questioned in any court whatsoever. If no such action or
1726	proceeding is so instituted within such 20-day period, then the
1727	validity of such obligations, proceedings, and covenants shall
1728	be conclusive, and all persons or parties whatsoever shall be
1729	forever barred from questioning the validity of such
1730	obligations, proceedings, or covenants in any court whatsoever.
1731	Section 42.  Section 331.347, Florida Statutes, is amended
1732	to read:
1733	331.347  Act furnishes full authority for issuance of
1734	bonds.--This act constitutes full and complete authority for the
1735	issuance of bonds and the exercise of the powers of Space
1736	Florida the authority provided herein. Any and all bonds issued
1737	by Space Florida the authority shall not be secured by the full
1738	faith and credit of the State of Florida and do not constitute
1739	an obligation, either general or special, thereof.
1740	Section 43.  Section 331.348, Florida Statutes, is amended
1741	to read:
1742	331.348  Investment of funds.--The board may in its
1743	discretion invest funds of Space Florida the authority through
1744	the Chief Financial Officer or in:
1745	(1)  Direct obligations of or obligations guaranteed by the
1746	United States or for the payment of the principal and interest
1747	of which the faith and credit of the United States is pledged;
1748	(2)  Bonds or notes issued by any of the following federal
1749	agencies: Bank for Cooperatives; federal intermediate credit
1750	banks; federal home loan bank system; federal land banks; or the
1751	Federal National Mortgage Association (including debentures or
1752	participating certificates issued by such association);
1753	(3)  Public housing bonds issued by public housing
1754	authorities and secured by a pledge or annual contributions
1755	under an annual contribution contract or contracts with the
1756	United States;
1757	(4)  Bonds or other interest-bearing obligations of any
1758	county, district, city, or town located in the state for which
1759	the full faith and credit of such political subdivision is
1760	pledged;
1761	(5)  Any investment authorized for insurers by ss. 625.306-
1762	625.316 and amendments thereto; or
1763	(6)  Any investment authorized under s. 17.57 and
1764	amendments thereto.
1765	Section 44.  Section 331.349, Florida Statutes, is amended
1766	to read:
1767	331.349  Fiscal year of Space Florida the authority.--The
1768	board may has the power to establish and from time to time
1769	redetermine the fiscal year of Space Florida the authority.
1770	Unless the board otherwise provides, Space Florida's the
1771	authority's fiscal year shall be July 1 through June 30.
1772	Section 45.  Section 331.350, Florida Statutes, is amended
1773	to read:
1774	331.350  Insurance coverage of Space Florida the authority;
1775	safety program.--
1776	(1)  Notwithstanding any other provision of law, the State
1777	Risk Management Trust Fund established under s. 284.30 may shall
1778	not insure buildings and property owned or leased by Space
1779	Florida the authority.
1780	(2)  Notwithstanding any other provision of law, the State
1781	Risk Management Trust Fund established under s. 284.30 may shall
1782	not insure against any liability of Space Florida the authority.
1783	(3)  Space Florida The authority shall establish a safety
1784	program. The safety program shall include:
1785	(a)  The development and implementation of a loss
1786	prevention program which shall consist of a comprehensive
1787	authority wide safety program for all of Space Florida,
1788	including a statement, established by the board of directors
1789	supervisors, of safety policy and responsibility.
1790	(b)  Provision for regular and periodic facility and
1791	equipment inspections.
1792	(c)  Investigation of job-related employee accidents and
1793	other accidents occurring on the premises of Space Florida the
1794	authority or within areas of its jurisdiction.
1795	(d)  Establishment of a program to promote increased safety
1796	awareness among employees, agents, and subcontractors of Space
1797	Florida the authority.
1798	(4)(a)  Space Florida The authority shall, if available,
1799	secure insurance coverage within reasonable limits for liability
1800	which may arise as a consequence of its responsibilities.
1801	(b)  Space Florida The authority shall, if available, and
1802	if cost-effective, secure insurance coverage on its buildings,
1803	facilities, and property at reasonable levels.
1804	(c)  Space Florida The authority, with respect to the
1805	purchase of insurance, shall be subject to the applicable
1806	provisions of chapter 287 and other applicable law.
1807	Section 46.  Section 331.351, Florida Statutes, is amended
1808	to read:
1809	331.351  Participation by women, minorities, and socially
1810	and economically disadvantaged business enterprises
1811	encouraged.--It is the intent of the Legislature and the public
1812	policy of this state that women, minorities, and socially and
1813	economically disadvantaged business enterprises be encouraged to
1814	participate fully in all phases of economic and community
1815	development. Accordingly, to achieve such purpose, Space Florida
1816	the authority shall, in accordance with applicable state and
1817	federal law, involve and utilize women, minorities, and socially
1818	and economically disadvantaged business enterprises in all
1819	phases of the design, development, construction, maintenance,
1820	and operation of spaceports developed under this act.
1821	Section 47.  Section 331.354, Florida Statutes, is amended
1822	to read:
1823	331.354  Tax exemption.--The exercise of the powers granted
1824	by this act in all respects shall be for the benefit of the
1825	people of the state, for the increase of their industry and
1826	prosperity, for the improvement of their health and living
1827	conditions, and for the provision of gainful employment and
1828	shall constitute the performance of essential public functions.
1829	Space Florida is The authority shall not be required to pay any
1830	taxes on any project or any other property owned by Space
1831	Florida the authority under the provisions of this act or upon
1832	the income therefrom. The bonds issued under the provisions of
1833	this act or upon the income therefrom (including any profit made
1834	on the sale thereof), and all notes, mortgages, security
1835	agreements, letters of credit, or other instruments which arise
1836	out of or are given to secure the repayment of bonds issued in
1837	connection with a project financed under this act, shall at all
1838	times be free from taxation by the state or any local unit,
1839	political subdivision, or other instrumentality of the state.
1840	Nothing in This section, however, does not exempt shall be
1841	construed as exempting from taxation or assessments the
1842	leasehold interest of a lessee in any project or any other
1843	property or interest owned by the lessee. The exemption granted
1844	by this section is shall not be applicable to any tax imposed by
1845	chapter 220 on interest, income, or profits on debt obligations
1846	owned by corporations.
1847	Section 48.  Section 331.355, Florida Statutes, is amended
1848	to read:
1849	331.355  Use of name; ownership rights to intellectual
1850	property.--
1851	(1)(a)  The corporate name of a corporation incorporated or
1852	authorized to transact business in this state, or the name of
1853	any person or business entity transacting business in this
1854	state, may not use the words "Space Florida," "Florida Space
1855	Authority," "Florida Aerospace Finance Corporation," "Florida
1856	Space Research Institute," "spaceport Florida," or "Florida
1857	spaceport" in its name unless Space Florida the authority gives
1858	written approval for such use.
1859	(b)  The Department of State may dissolve, pursuant to s.
1860	607.1421, any corporation that violates paragraph (a).
1861	(2)  Notwithstanding any provision of chapter 286, the
1862	legal title and every right, interest, claim, or demand of any
1863	kind in and to any patent, trademark, copyright, certification
1864	mark, or other right acquired under the patent and trademark
1865	laws of the United States or this state or any foreign country,
1866	or the application for the same, as is owned or held, acquired,
1867	or developed by Space Florida the authority, under the authority
1868	and directions given it by this part, is vested in Space Florida
1869	the authority for the use, benefit, and purposes provided in
1870	this part. Space Florida The authority is vested with and is
1871	authorized to exercise any and all of the normal incidents of
1872	such ownership, including the receipt and disposition of
1873	royalties. Any sums received as royalties from any such rights
1874	are hereby appropriated to Space Florida the authority for any
1875	and all of the purposes and uses provided in this part.
1876	Section 49.  Section 331.360, Florida Statutes, is amended
1877	to read:
1878	331.360  Joint project agreement or assistance; spaceport
1879	master plan.--
1880	(1)  It shall be the duty, function, and responsibility of
1881	the Department of Transportation to promote the further
1882	development and improvement of aerospace transportation
1883	facilities; to address intermodal requirements and impacts of
1884	the launch ranges, spaceports, and other space transportation
1885	facilities; to assist in the development of joint-use facilities
1886	and technology that support aviation and aerospace operations;
1887	and to facilitate and promote cooperative efforts between
1888	federal and state government entities to improve space
1889	transportation capacity and efficiency. In carrying out this
1890	duty and responsibility, the department may assist and advise,
1891	cooperate with, and coordinate with federal, state, local, or
1892	private organizations and individuals. The department may
1893	administratively house its space transportation responsibilities
1894	within an existing division or office.
1895	(2)  Notwithstanding any other provision of law, the
1896	Department of Transportation may enter into a joint project
1897	agreement with, or otherwise assist, the Florida Space Florida
1898	Authority as necessary to effectuate the provisions of this
1899	chapter and may allocate funds for such purposes in its 5-year
1900	work program. However, the department may not fund the
1901	administrative or operational costs of Space Florida the
1902	authority.
1903	(3)  Space Florida The authority shall develop a spaceport
1904	master plan for expansion and modernization of space
1905	transportation facilities within spaceport territories as
1906	defined in s. 331.303(23). The plan shall contain recommended
1907	projects to meet current and future commercial, national, and
1908	state space transportation requirements. Space Florida The
1909	authority shall submit the plan to any appropriate metropolitan
1910	planning organization M.P.O. for review of intermodal impacts.
1911	Space Florida The authority shall submit the spaceport master
1912	plan to the Department of Transportation, and such plan may be
1913	included within the department's 5-year work program of
1914	qualifying aerospace discretionary capacity improvement under
1915	subsection (4). The plan shall identify appropriate funding
1916	levels and include recommendations on appropriate sources of
1917	revenue that may be developed to contribute to the State
1918	Transportation Trust Fund.
1919	(4)  Subject to the availability of appropriated funds, the
1920	department may participate in the capital cost of eligible
1921	spaceport discretionary capacity improvement projects. The
1922	annual legislative budget request shall be based on the proposed
1923	funding requested for approved spaceport discretionary capacity
1924	improvement projects.
1925	Section 50.  Section 331.369, Florida Statutes, is amended
1926	to read:
1927	331.369  Space Industry Workforce Initiative.--
1928	(1)  The Legislature finds that the aerospace space
1929	industry is critical to the economic future of the state and
1930	that the competitiveness of the industry in the state depends
1931	upon the development and maintenance of a qualified workforce.
1932	The Legislature further finds that the aerospace space industry
1933	in this state has diverse and complex workforce needs,
1934	including, but not limited to, the need for qualified entry-
1935	level workers, the need to upgrade the skills of technician-
1936	level incumbent workers, and the need to ensure continuing
1937	education opportunities for workers with advanced educational
1938	degrees. It is the intent of the Legislature to support programs
1939	designed to address the workforce development needs of the
1940	aerospace space industry in this state.
1941	(2)  The Workforce Development Board of Enterprise Florida,
1942	Inc., or it successor entity, shall coordinate development of a
1943	Space Industry Workforce Initiative in partnership with Space
1944	Florida, the Florida Space Research Institute, the institute's
1945	consortium of public and private universities, community
1946	colleges, and other training providers approved by the board.
1947	The purpose of the initiative is to use or revise existing
1948	programs and to develop innovative new programs to address the
1949	workforce needs of the aerospace space industry.
1950	(3)  The initiative shall emphasize:
1951	(a)  Curricula content and timeframes developed with
1952	industry participation and endorsed by the industry;
1953	(b)  Programs that certify persons completing training as
1954	meeting industry-approved standards or competencies;
1955	(c)  Use of distance-learning and computer-based training
1956	modules as appropriate and feasible;
1957	(d)  Industry solicitation of public and private
1958	universities to develop continuing education programs at the
1959	master's and doctoral levels;
1960	(e)  Agreements with the National Aeronautics and Space
1961	Administration to replicate on a national level successful
1962	training programs developed through the initiative; and
1963	(f)  Leveraging of state and federal workforce funds.
1964	(4)  The Workforce Development Board of Enterprise Florida,
1965	Inc., or its successor entity, with the assistance of Space
1966	Florida the Florida Space Research Institute, shall convene
1967	representatives from the aerospace space industry to identify
1968	the priority training and education needs of the industry and to
1969	appoint a team to design programs to meet the such priority
1970	needs.
1971	(5)  The Workforce Development Board of Enterprise Florida,
1972	Inc., or its successor entity, as part of its statutorily
1973	prescribed annual report to the Legislature, shall provide
1974	recommendations for policies, programs, and funding to enhance
1975	the workforce needs of the aerospace space industry.
1976	Section 51.  Paragraph (g) of subsection (2) of section
1977	14.2015, Florida Statutes, is amended to read:
1978	14.2015  Office of Tourism, Trade, and Economic
1979	Development; creation; powers and duties.--
1980	(2)  The purpose of the Office of Tourism, Trade, and
1981	Economic Development is to assist the Governor in working with
1982	the Legislature, state agencies, business leaders, and economic
1983	development professionals to formulate and implement coherent
1984	and consistent policies and strategies designed to provide
1985	economic opportunities for all Floridians. To accomplish such
1986	purposes, the Office of Tourism, Trade, and Economic Development
1987	shall:
1988	(g)  Serve as contract administrator for the state with
1989	respect to contracts with Enterprise Florida, Inc., the Florida
1990	Commission on Tourism, Space Florida, and all direct-support
1991	organizations under this act, excluding those relating to
1992	tourism. To accomplish the provisions of this act and applicable
1993	provisions of chapter 288, and notwithstanding the provisions of
1994	part I of chapter 287, the office shall enter into specific
1995	contracts with Enterprise Florida, Inc., the Florida Commission
1996	on Tourism, and other appropriate direct-support organizations.
1997	Such contracts may be multiyear and shall include specific
1998	performance measures for each year.
1999	Section 52.  Section 74.011, Florida Statutes, is amended
2000	to read:
2001	74.011  Scope.--In any eminent domain action, properly
2002	instituted by and in the name of the state; the Department of
2003	Transportation; any county, school board, municipality,
2004	expressway authority, regional water supply authority,
2005	transportation authority, flood control district, or drainage or
2006	subdrainage district; the ship canal authority; any lawfully
2007	constituted housing, port, or aviation authority; the Florida
2008	Space Authority; or any rural electric cooperative, telephone
2009	cooperative corporation, or public utility corporation, the
2010	petitioner may avail itself of the provisions of this chapter to
2011	take possession and title in advance of the entry of final
2012	judgment.
2013	Section 53.  Subsection (6) of section 196.012, Florida
2014	Statutes, is amended to read:
2015	196.012  Definitions.--For the purpose of this chapter, the
2016	following terms are defined as follows, except where the context
2017	clearly indicates otherwise:
2018	(6)  Governmental, municipal, or public purpose or function
2019	shall be deemed to be served or performed when the lessee under
2020	any leasehold interest created in property of the United States,
2021	the state or any of its political subdivisions, or any
2022	municipality, agency, special district, authority, or other
2023	public body corporate of the state is demonstrated to perform a
2024	function or serve a governmental purpose which could properly be
2025	performed or served by an appropriate governmental unit or which
2026	is demonstrated to perform a function or serve a purpose which
2027	would otherwise be a valid subject for the allocation of public
2028	funds. For purposes of the preceding sentence, an activity
2029	undertaken by a lessee which is permitted under the terms of its
2030	lease of real property designated as an aviation area on an
2031	airport layout plan which has been approved by the Federal
2032	Aviation Administration and which real property is used for the
2033	administration, operation, business offices and activities
2034	related specifically thereto in connection with the conduct of
2035	an aircraft full service fixed base operation which provides
2036	goods and services to the general aviation public in the
2037	promotion of air commerce shall be deemed an activity which
2038	serves a governmental, municipal, or public purpose or function.
2039	Any activity undertaken by a lessee which is permitted under the
2040	terms of its lease of real property designated as a public
2041	airport as defined in s. 332.004(14) by municipalities,
2042	agencies, special districts, authorities, or other public bodies
2043	corporate and public bodies politic of the state, a spaceport as
2044	defined in s. 331.303(19), or which is located in a deepwater
2045	port identified in s. 403.021(9)(b) and owned by one of the
2046	foregoing governmental units, subject to a leasehold or other
2047	possessory interest of a nongovernmental lessee that is deemed
2048	to perform an aviation, airport, aerospace, maritime, or port
2049	purpose or operation shall be deemed an activity that serves a
2050	governmental, municipal, or public purpose. The use by a lessee,
2051	licensee, or management company of real property or a portion
2052	thereof as a convention center, visitor center, sports facility
2053	with permanent seating, concert hall, arena, stadium, park, or
2054	beach is deemed a use that serves a governmental, municipal, or
2055	public purpose or function when access to the property is open
2056	to the general public with or without a charge for admission. If
2057	property deeded to a municipality by the United States is
2058	subject to a requirement that the Federal Government, through a
2059	schedule established by the Secretary of the Interior, determine
2060	that the property is being maintained for public historic
2061	preservation, park, or recreational purposes and if those
2062	conditions are not met the property will revert back to the
2063	Federal Government, then such property shall be deemed to serve
2064	a municipal or public purpose. The term "governmental purpose"
2065	also includes a direct use of property on federal lands in
2066	connection with the Federal Government's Space Exploration
2067	Program or spaceport activities as defined in s. 212.02(22).
2068	Real property and tangible personal property owned by the
2069	Federal Government or Space Florida the Florida Space Authority
2070	and used for defense and space exploration purposes or which is
2071	put to a use in support thereof shall be deemed to perform an
2072	essential national governmental purpose and shall be exempt.
2073	"Owned by the lessee" as used in this chapter does not include
2074	personal property, buildings, or other real property
2075	improvements used for the administration, operation, business
2076	offices and activities related specifically thereto in
2077	connection with the conduct of an aircraft full service fixed
2078	based operation which provides goods and services to the general
2079	aviation public in the promotion of air commerce provided that
2080	the real property is designated as an aviation area on an
2081	airport layout plan approved by the Federal Aviation
2082	Administration. For purposes of determination of "ownership,"
2083	buildings and other real property improvements which will revert
2084	to the airport authority or other governmental unit upon
2085	expiration of the term of the lease shall be deemed "owned" by
2086	the governmental unit and not the lessee. Providing two-way
2087	telecommunications services to the public for hire by the use of
2088	a telecommunications facility, as defined in s. 364.02(15), and
2089	for which a certificate is required under chapter 364 does not
2090	constitute an exempt use for purposes of s. 196.199, unless the
2091	telecommunications services are provided by the operator of a
2092	public-use airport, as defined in s. 332.004, for the operator's
2093	provision of telecommunications services for the airport or its
2094	tenants, concessionaires, or licensees, or unless the
2095	telecommunications services are provided by a public hospital.
2096	However, property that is being used to provide such
2097	telecommunications services on or before October 1, 1997, shall
2098	remain exempt, but such exemption expires October 1, 2004.
2099	Section 54.  Subsection (22) of section 212.02, Florida
2100	Statutes, is amended to read:
2101	212.02  Definitions.--The following terms and phrases when
2102	used in this chapter have the meanings ascribed to them in this
2103	section, except where the context clearly indicates a different
2104	meaning:
2105	(22)  "Spaceport activities" means activities directed or
2106	sponsored by Space Florida the Florida Space Authority on
2107	spaceport territory pursuant to its powers and responsibilities
2108	under the Space Florida Act Florida Space Authority Act.
2109	Section 55.  Subsection (7) of section 288.063, Florida
2110	Statutes, is amended to read:
2111	288.063  Contracts for transportation projects.--
2112	(7)  For the purpose of this section, Space Florida the
2113	Florida Space Authority may serve as the local government or as
2114	the contracting agency for transportation projects within
2115	spaceport territory as defined by s. 331.304.
2116	Section 56.  Subsection (1) of section 288.075, Florida
2117	Statutes, is amended to read:
2118	288.075  Confidentiality of records.--
2119	(1)  As used in this section, the term "economic
2120	development agency" means the Office of Tourism, Trade, and
2121	Economic Development, any industrial development authority
2122	created in accordance with part III of chapter 159 or by special
2123	law, Space Florida the Florida Space Authority created in part
2124	II of chapter 331, the Florida Aerospace Finance Corporation
2125	created in part III of chapter 331, the public economic
2126	development agency of a county or municipality, or any research
2127	and development authority created in accordance with part V of
2128	chapter 159. The term also includes any private agency, person,
2129	partnership, corporation, or business entity when authorized by
2130	the state, a municipality, or a county to promote the general
2131	business interests or industrial interests of the state or that
2132	municipality or county.
2133	Section 57.  Subsection (2) of section 288.35, Florida
2134	Statutes, is amended to read:
2135	288.35  Definitions.--The following terms, wherever used or
2136	referred to in this part, shall have the following meanings:
2137	(2)  "Government agency" means the state or any county or
2138	political subdivision thereof; any state agency; any
2139	consolidated government of a county, and some or all of the
2140	municipalities located within the said county; any chartered
2141	municipality in the state; and any of the institutions of such
2142	consolidated governments, counties, or municipalities.
2143	Specifically included are airports, port authorities, industrial
2144	authorities, and Space Florida the Florida Space Authority.
2145	Section 58.  Subsection (2) of section 288.9415, Florida
2146	Statutes, is amended to read:
2147	288.9415  International Trade Grants.--
2148	(2)  A county, municipality, economic development council,
2149	Space Florida the Florida Space Authority, or a not-for-profit
2150	association of businesses organized to assist in the promotion
2151	of international trade may apply for a grant of state funds for
2152	the promotion of international trade.
2153	Section 59.  Paragraph (j) of subsection (5) of section
2154	212.08, Florida Statutes, is amended to read:
2155	212.08  Sales, rental, use, consumption, distribution, and
2156	storage tax; specified exemptions.--The sale at retail, the
2157	rental, the use, the consumption, the distribution, and the
2158	storage to be used or consumed in this state of the following
2159	are hereby specifically exempt from the tax imposed by this
2160	chapter.
2161	(5)  EXEMPTIONS; ACCOUNT OF USE.--
2162	(j)  Machinery and equipment used in semiconductor,
2163	defense, or space technology production and research and
2164	development.--
2165	1.a.  Industrial machinery and equipment used in
2166	semiconductor technology facilities certified under subparagraph
2167	6. to manufacture, process, compound, or produce semiconductor
2168	technology products for sale or for use by these facilities are
2169	exempt from the tax imposed by this chapter. For purposes of
2170	this paragraph, industrial machinery and equipment includes
2171	molds, dies, machine tooling, other appurtenances or accessories
2172	to machinery and equipment, testing equipment, test beds,
2173	computers, and software, whether purchased or self-fabricated,
2174	and, if self-fabricated, includes materials and labor for
2175	design, fabrication, and assembly.
2176	b.  Industrial machinery and equipment used in defense or
2177	space technology facilities certified under subparagraph 6. to
2178	design, manufacture, assemble, process, compound, or produce
2179	defense technology products or space technology products for
2180	sale or for use by these facilities are exempt from 25 percent
2181	of the tax imposed by this chapter.
2182	2.a.  Machinery and equipment are exempt from the tax
2183	imposed by this chapter if used predominately in semiconductor
2184	wafer research and development activities in a semiconductor
2185	technology research and development facility certified under
2186	subparagraph 6. For purposes of this paragraph, machinery and
2187	equipment includes molds, dies, machine tooling, other
2188	appurtenances or accessories to machinery and equipment, testing
2189	equipment, test beds, computers, and software, whether purchased
2190	or self-fabricated, and, if self-fabricated, includes materials
2191	and labor for design, fabrication, and assembly.
2192	b.  Machinery and equipment are exempt from 25 percent of
2193	the tax imposed by this chapter if used predominately in defense
2194	or space research and development activities in a defense or
2195	space technology research and development facility certified
2196	under subparagraph 6.
2197	3.  Building materials purchased for use in manufacturing
2198	or expanding clean rooms in semiconductor-manufacturing
2199	facilities are exempt from the tax imposed by this chapter.
2200	4.  In addition to meeting the criteria mandated by
2201	subparagraph 1., subparagraph 2., or subparagraph 3., a business
2202	must be certified by the Office of Tourism, Trade, and Economic
2203	Development as authorized in this paragraph in order to qualify
2204	for exemption under this paragraph.
2205	5.  For items purchased tax exempt pursuant to this
2206	paragraph, possession of a written certification from the
2207	purchaser, certifying the purchaser's entitlement to exemption
2208	pursuant to this paragraph, relieves the seller of the
2209	responsibility of collecting the tax on the sale of such items,
2210	and the department shall look solely to the purchaser for
2211	recovery of tax if it determines that the purchaser was not
2212	entitled to the exemption.
2213	6.a.  To be eligible to receive the exemption provided by
2214	subparagraph 1., subparagraph 2., or subparagraph 3., a
2215	qualifying business entity shall apply to Enterprise Florida,
2216	Inc. The application shall be developed by the Office of
2217	Tourism, Trade, and Economic Development in consultation with
2218	Enterprise Florida, Inc.
2219	b.  Enterprise Florida, Inc., shall review each submitted
2220	application and information and determine whether or not the
2221	application is complete within 5 working days. Once an
2222	application is complete, Enterprise Florida, Inc., shall, within
2223	10 working days, evaluate the application and recommend approval
2224	or disapproval of the application to the Office of Tourism,
2225	Trade, and Economic Development.
2226	c.  Upon receipt of the application and recommendation from
2227	Enterprise Florida, Inc., the Office of Tourism, Trade, and
2228	Economic Development shall certify within 5 working days those
2229	applicants who are found to meet the requirements of this
2230	section and notify the applicant, Enterprise Florida, Inc., and
2231	the department of the certification. If the Office of Tourism,
2232	Trade, and Economic Development finds that the applicant does
2233	not meet the requirements of this section, it shall notify the
2234	applicant and Enterprise Florida, Inc., within 10 working days
2235	that the application for certification has been denied and the
2236	reasons for denial. The Office of Tourism, Trade, and Economic
2237	Development has final approval authority for certification under
2238	this section.
2239	7.a.  A business may apply once each year for the
2240	exemption.
2241	b.  The application must indicate, for program evaluation
2242	purposes only, the average number of full-time equivalent
2243	employees at the facility over the preceding calendar year, the
2244	average wage and benefits paid to those employees over the
2245	preceding calendar year, the total investment made in real and
2246	tangible personal property over the preceding calendar year, and
2247	the total value of tax-exempt purchases and taxes exempted
2248	during the previous year. The department shall assist the Office
2249	of Tourism, Trade, and Economic Development in evaluating and
2250	verifying information provided in the application for exemption.
2251	c.  The Office of Tourism, Trade, and Economic Development
2252	may use the information reported on the application for
2253	evaluation purposes only and shall prepare an annual report on
2254	the exemption program and its cost and impact. The annual report
2255	for the preceding fiscal year shall be submitted to the
2256	Governor, the President of the Senate, and the Speaker of the
2257	House of Representatives by September 30 of each fiscal year.
2258	8.  A business certified to receive this exemption may
2259	elect to designate one or more state universities or community
2260	colleges as recipients of up to 100 percent of the amount of the
2261	exemption for which they may qualify. To receive these funds,
2262	the institution must agree to match the funds so earned with
2263	equivalent cash, programs, services, or other in-kind support on
2264	a one-to-one basis in the pursuit of research and development
2265	projects as requested by the certified business. The rights to
2266	any patents, royalties, or real or intellectual property must be
2267	vested in the business unless otherwise agreed to by the
2268	business and the university or community college.
2269	9.  As used in this paragraph, the term:
2270	a.  "Predominately" means at least 50 percent of the time
2271	in qualifying research and development.
2272	b.  "Research and development" means basic and applied
2273	research in the science or engineering, as well as the design,
2274	development, and testing, of prototypes or processes of new or
2275	improved products, including the design, development, and
2276	testing of space launch vehicles, space flight vehicles,
2277	missiles, satellites, or research payloads, avionics, and
2278	associated control systems and processing systems, and
2279	components of any of the foregoing. Research and development
2280	does not include market research, routine consumer product
2281	testing, sales research, research in the social sciences or
2282	psychology, or similar nontechnological activities, or technical
2283	services.
2284	c.  "Semiconductor technology products" means raw
2285	semiconductor wafers or semiconductor thin films that are
2286	transformed into semiconductor memory or logic wafers, including
2287	wafers containing mixed memory and logic circuits; related
2288	assembly and test operations; active-matrix flat panel displays;
2289	semiconductor chips; semiconductor lasers; optoelectronic
2290	elements; and related semiconductor technology products as
2291	determined by the Office of Tourism, Trade, and Economic
2292	Development.
2293	d.  "Clean rooms" means manufacturing facilities enclosed
2294	in a manner that meets the clean manufacturing requirements
2295	necessary for high-technology semiconductor-manufacturing
2296	environments.
2297	e.  "Defense technology products" means products that have
2298	a military application, including, but not limited to, weapons,
2299	weapons systems, guidance systems, surveillance systems,
2300	communications or information systems, munitions, aircraft,
2301	vessels, or boats, or components thereof, which are intended for
2302	military use and manufactured in performance of a contract with
2303	the United States Department of Defense or the military branch
2304	of a recognized foreign government or a subcontract thereunder
2305	which relates to matters of national defense.
2306	f.  "Space technology products" means products that are
2307	specifically designed or manufactured for application in space
2308	activities, including, but not limited to, space launch
2309	vehicles, space flight vehicles, missiles, satellites or
2310	research payloads, avionics, and associated control systems and
2311	processing systems and components of any of the foregoing. The
2312	term does not include products that are designed or manufactured
2313	for general commercial aviation or other uses even though those
2314	products may also serve an incidental use in space applications.
2315	Section 60.  Section 1004.86, Florida Statutes, is created
2316	to read:
2317	1004.86  Florida Center for Mathematics and Science
2318	Education Research.--
2319	(1)  The Department of Education shall establish at a
2320	public state university the Florida Center for Mathematics and
2321	Science Education Research to increase student achievement in
2322	science and mathematics. The center shall:
2323	(a)  Provide technical assistance and support to school
2324	districts and schools in the development and implementation of
2325	mathematics and science instruction.
2326	(b)  Conduct applied research on policy and practices
2327	related to mathematics and science instruction and assessment in
2328	the state.
2329	(c)  Conduct or compile basic research regarding student
2330	acquisition of mathematics and science knowledge and skills.
2331	(d)  Develop comprehensive course frameworks for
2332	mathematics and science courses that emphasize rigor and
2333	relevance at the elementary, middle, and high school levels.
2334	(e)  Disseminate information regarding research-based
2335	teaching practices in mathematics and science to teachers and
2336	teacher educators in the state.
2337	(f)  Collect, manage, and report on assessment information
2338	regarding student achievement in mathematics and science.
2339	(g)  Establish partnerships with state universities,
2340	community colleges, and school districts.
2341	(h)  Collaborate with the Florida Center for Reading
2342	Research in order to provide research-based practices that
2343	integrate the teaching of reading within mathematics and
2344	sciences courses.
2345	(2)  The department shall monitor the center through the
2346	Division of K-12 Public Schools.
2347	Section 61.  Sections 331.314, 331.367, 331.368, 331.401,
2348	331.403, 331.405, 331.407, 331.409, 331.411, 331.415, 331.417,
2349	and 331.419, Florida Statutes, are repealed.
2350	Section 62.  The Florida Space Authority, the Florida Space
2351	Research Institute, and the Florida Aerospace Finance
2352	Corporation are dissolved effective September 1, 2006. Space
2353	Florida, as created by this act, is the successor organization
2354	to, and as such shall assume the records, property, obligations,
2355	and unexpended balances of appropriations, allocations, or other
2356	funds of, the Florida Space Authority, the Florida Space
2357	Research Institute, and the Florida Aerospace Finance
2358	Corporation.
2359	Section 63.  The Governor, the President of the Senate, and
2360	the Speaker of the House of Representatives shall appoint the
2361	board of directors of Space Florida no later than July 1, 2006.
2362	The board of directors of Space Florida shall hold its first
2363	meeting no later than August 1, 2006. The board of directors of
2364	Space Florida shall appoint a president no later than September
2365	1, 2006. The Executive Office of the Governor shall provide
2366	staffing and transitional support to Space Florida until
2367	December 31, 2006.
2368	Section 64.  Subsection (12) is added to section 288.1224,
2369	Florida Statutes, to read:
2370	288.1224  Powers and duties.--The commission:
2371	(12)  Shall advise and cooperate with Space Florida, when
2372	appropriate and beneficial.
2373	Section 65.  Subsection (7) is added to section 288.9015,
2374	Florida Statutes, to read:
2375	288.9015  Enterprise Florida, Inc.; purpose; duties.--
2376	(7)  Enterprise Florida, Inc., shall advise and cooperate
2377	with Space Florida, when appropriate and beneficial, related to
2378	issues of aerospace business retention, expansion, attraction,
2379	and creation, and other related activities.
2380	Section 66.  Subsection (12) is added to section 445.004,
2381	Florida Statutes, to read:
2382	445.004  Workforce Florida, Inc.; creation; purpose;
2383	membership; duties and powers.--
2384	(12)  Workforce Florida, Inc., shall advise and cooperate
2385	with Space Florida, when appropriate and beneficial, for the
2386	furtherance of aerospace workforce development.
2387	Section 67.  Subsection (17) is added to section 1001.10,
2388	Florida Statutes, read:
2389	1001.10  Commissioner of Education; general powers and
2390	duties.--The Commissioner of Education is the chief educational
2391	officer of the state, and is responsible for giving full
2392	assistance to the State Board of Education in enforcing
2393	compliance with the mission and goals of the seamless K-20
2394	education system. To facilitate innovative practices and to
2395	allow local selection of educational methods, the State Board of
2396	Education may authorize the commissioner to waive, upon the
2397	request of a district school board, State Board of Education
2398	rules that relate to district school instruction and school
2399	operations, except those rules pertaining to civil rights, and
2400	student health, safety, and welfare. The Commissioner of
2401	Education is not authorized to grant waivers for any provisions
2402	in rule pertaining to the allocation and appropriation of state
2403	and local funds for public education; the election,
2404	compensation, and organization of school board members and
2405	superintendents; graduation and state accountability standards;
2406	financial reporting requirements; reporting of out-of-field
2407	teaching assignments under s. 1012.42; public meetings; public
2408	records; or due process hearings governed by chapter 120. No
2409	later than January 1 of each year, the commissioner shall report
2410	to the Legislature and the State Board of Education all approved
2411	waiver requests in the preceding year. Additionally, the
2412	commissioner has the following general powers and duties:
2413	(17)  To advise and cooperate with Space Florida, when
2414	appropriate and beneficial.
2415
2416	The commissioner's office shall operate all statewide functions
2417	necessary to support the State Board of Education and the K-20
2418	education system, including strategic planning and budget
2419	development, general administration, and assessment and
2420	accountability.
2421	Section 68.  The following appropriations are made to the
2422	Governor's Office of Tourism, Trade, and Economic Development:
2423	(1)  From nonrecurring general revenue for fiscal year
2424	2006-2007:
2425	(a)  The sum of $35 million is appropriated to be used for
2426	infrastructure needs related to the development of the National
2427	Aeronautics and Space Administration's Crew Exploration Vehicle.
2428	(b)  The sum of $8 million is appropriated for
2429	implementation of recommendations made by the Governor's
2430	Commission on the Future of Space and Aeronautics in Florida,
2431	including, but not limited to, commercial launch assistance and
2432	spaceport development.
2433	(2)  From recurring general revenue for fiscal year 2006-
2434	2007 and annually thereafter:
2435	(a)  The sum of $3 million is appropriated for operational
2436	needs of Space Florida.
2437	(b)  The sum of $4 million is appropriated for
2438	implementation of innovative education programs and financing
2439	assistance for aerospace business development projects.
2440	Section 69.  This act shall take effect upon becoming a
2441	law.

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