HB 1489CS

CHAMBER ACTION




1The State Infrastructure Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the state's aerospace industry;
7redesignating the "Florida Space Authority" as "Space
8Florida"; creating s. 331.3011, F.S.; providing
9legislative intent; amending s. 331.302, F.S.;
10establishing and creating Space Florida as an independent
11special district, a body politic and corporate, for
12certain purposes; providing purposes and duties and
13responsibilities of Space Florida; providing definitions;
14revising and consolidating the roles, purposes,
15responsibilities, assets, and duties of the Florida Space
16Authority as those of Space Florida; deleting authority to
17establish facilities and complementary activities;
18providing additional powers and duties of Space Florida;
19prohibiting Space Florida from endorsing political
20candidates or making campaign contributions;
21characterizing certain property as Space Florida
22territory; creating s. 331.3051, F.S.; providing
23additional powers and responsibilities of Space Florida
24relating to the state's aerospace industry; deleting
25authority to exercise eminent domain powers; requiring
26Space Florida to create a business plan and a marketing
27campaign; directing Space Florida to enter into agreements
28with the Department of Education, the Department of
29Transportation, Enterprise Florida, Inc., and Workforce
30Florida, Inc., for certain purposes; requiring Space
31Florida to coordinate its activities with federal and
32state agencies; amending s. 331.308, F.S.; replacing
33provisions providing for a board of supervisors with
34provisions providing for a board of directors of Space
35Florida; providing for designation and appointment of
36members; providing requirements of board members;
37providing for terms, removal of members, and filling of
38vacancies; providing for board meetings; specifying
39service without compensation; providing for reimbursement
40of certain expenses; providing financial disclosure
41requirements; revising powers and duties of the board;
42amending ss. 331.301, 331.303, 331.305, 331.306, 331.309,
43331.310, 331.3101, 331.311, 331.312, 331.313, 331.316,
44331.317, 331.318, 331.319, 331.320, 331.321, 331.322,
45331.323, 331.324, 331.325, 331.326, 331.327, 331.328,
46331.329, 331.331, 331.333, 331.334, 331.335, 331.336,
47331.337, 331.338, 331.339, 331.340, 331.343, 331.345,
48331.346, 331.347, 331.348, 331.349, 331.350, 331.351,
49331.354, 331.355, 331.360, and 331.369, F.S., to conform;
50amending ss. 14.2015, 74.011, 196.012, 212.02, 288.063,
51288.075, 288.35, and 288.9415, F.S., to conform; amending
52s. 212.08, F.S.; revising the exemption from the sales and
53use tax on certain machinery and equipment; creating s.
541004.86, F.S.; requiring the Department of Education to
55contract for the establishment of the Florida Center for
56Mathematics and Science Education Research at a public or
57private university; specifying requirements for the
58center; repealing s. 331.314, F.S., relating to the
59exclusive authority of the Florida Space Authority to
60regulate spaceports; repealing s. 331.315, F.S., relating
61to maintenance of projects across rights-of-way; repealing
62s. 331.367, F.S., relating to the Spaceport Management
63Council; repealing s. 331.368, F.S., relating to the
64Florida Space Research Institute; repealing ss. 331.401,
65331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
66331.417, and 331.419, F.S., relating to the Florida
67Aerospace Finance Corporation; requiring the Florida Space
68Authority, the Florida Space Research Institute, and the
69Florida Aerospace Finance Corporation to submit articles
70of dissolution to the Department of State by a specified
71date; providing that Space Florida assumes the records,
72property, and unexpended balances of appropriations,
73allocations, and other funds from the dissolved entities;
74requiring the Governor, the President of the Senate, and
75the Speaker of the House of Representatives to appoint the
76board of directors of Space Florida by a specified date;
77requiring the board of directors of Space Florida to hold
78its first meeting by a specified date; amending s.
79228.1224, F.S.; requiring the Florida Commission on
80Tourism to advise and cooperate with Space Florida under
81certain circumstances; amending ss. 288.9015, 334.044,
82445.004, and 1001.10, F.S.; requiring Enterprise Florida,
83Inc., the Department of Transportation, Workforce Florida,
84Inc., and the Commissioner of Education to enter into
85agreement with Space Florida for certain purposes;
86providing appropriations; providing an effective date.
87
88Be It Enacted by the Legislature of the State of Florida:
89
90     Section 1.  Section 331.301, Florida Statutes, is amended
91to read:
92     331.301  Short title.--This act may be cited as the "Space
93Florida Space Authority Act."
94     Section 2.  Section 331.3011, Florida Statutes, is created
95to read:
96     331.3011  Legislative findings and intent.--
97     (1)  The Legislature finds and declares that the aerospace
98industry of this state is integral to the state's long-term
99success in diversifying its economy and building a knowledge-
100based economy that is able to support the creation of high
101value-added businesses and jobs. Further, under the direction of
102Space Florida, this state has the opportunity to strengthen its
103existing leadership in civil and military aerospace activity and
104emerge as a leader in the nation's new vision for space
105exploration and commercial aerospace opportunities, including
106the integration of space, aeronautics, and aviation
107technologies. As the leading location for talent, research,
108advanced technologies and systems development, launch, and other
109aerospace-based industry activities, this state can position
110itself for sustainable economic growth and prosperity.
111     (2)  The Legislature finds that attaining this vision
112requires a strong public and private commitment to a world class
113aerospace industry. It is the intent of the Legislature that
114Space Florida will encourage the public and private sectors to
115work together to implement an aggressive strategy that enhances
116the state's workforce, education, and research capabilities,
117with emphasis on mathematics, science, engineering, and related
118fields; will focus on the state's economic development efforts
119in order to capture a larger share of activity in aerospace
120research, technology, production, and commercial operations,
121while maintaining the state's historical leadership in space
122launch activities; and will preserve the unique national role
123served by the Cape Canaveral Air Force Station and John F.
124Kennedy Space Center by reducing costs and improving the
125regulatory flexibility for commercial sector launches while
126pursuing the development of sites for commercial horizontal
127launches.
128     (3)  It is the intent of the Legislature that aerospace
129activities be highly visible and coordinated within this state.
130To that end, it is the intent of the Legislature that Space
131Florida provide a single point of contact for state aerospace-
132related activities with federal agencies, the military, state
133agencies, businesses, and the private sector.
134     Section 3.  Section 331.302, Florida Statutes, is amended
135to read:
136(Substantial rewording of section. See
137s. 331.302, F.S., for present text.)
138     331.302  Space Florida; creation; purpose.--
139     (1)  There is established, formed, and created Space
140Florida, which is created as an independent special district, a
141body politic and corporate, to foster the growth and development
142of a sustainable and world-leading aerospace industry in this
143state. Space Florida shall promote aerospace business
144development by facilitating business financing, spaceport
145operations, research and development, workforce development, and
146innovative education programs. Space Florida has all the powers,
147rights, privileges, and authority as provided under the laws of
148this state.
149     (2)  In carrying out its duties and responsibilities, Space
150Florida shall advise, coordinate, cooperate, and, when
151necessary, enter into memoranda of agreement with
152municipalities, counties, regional authorities, state agencies
153and organizations, appropriate federal agencies and
154organizations, and other interested persons and groups.
155     (3)  Space Florida may not endorse any candidate for any
156elected public office or contribute money to the campaign of any
157candidate for public office.
158     (4)  Space Florida is not an agency as defined in ss.
159216.011 and 287.012.
160     Section 4.  Section 331.303, Florida Statutes, is amended
161to read:
162     331.303  Definitions.--
163     (1)  "Aerospace" means the industry that designs and
164manufactures aircraft, rockets, missiles, spacecraft,
165satellites, space vehicles, space stations, space facilities or
166components thereof, and equipment, systems, facilities,
167simulators, programs, and related activities, including, but not
168limited to, the application of aerospace technologies in air-
169based, land-based, and sea-based platforms for commercial,
170civil, and defense purposes. "Authority" means the Florida Space
171Authority created by this act.
172     (2)  "Board" or "board of directors supervisors" means the
173governing body of Space Florida the authority.
174     (3)  "Bonds" means revenue bonds, assessment bonds, or
175other bonds or obligations issued by Space Florida the authority
176for the purpose of raising financing for its projects.
177     (4)  "Business client" means any person, other than a state
178official or state employee, who receives the services of, or is
179the subject of solicitation by, representatives of Space Florida
180the authority in connection with the performance of its
181statutory duties, including purchasers or prospective purchasers
182of Space Florida authority services, persons or representatives
183of firms considering or being solicited for investment in Space
184Florida authority projects, persons or representatives of firms
185considering or being solicited for location, relocation, or
186expansion of an aerospace-related a space-related business
187within the state, and business, financial, or other persons
188connected with the aerospace space industry.
189     (5)  "Complementary activity" means any space business
190incubator, space tourism activity, educational involvement in an
191incubator, or space tourism and space-related research and
192development.
193     (6)  "Conduit bond" means any bond of the authority which
194is a nonrecourse obligation of the authority payable from the
195proceeds of such bonds and related financing agreements.
196     (5)(7)  "Cost" means all costs, fees, charges, expenses,
197and amounts associated with the development of projects by Space
198Florida the authority.
199     (6)(8)  "Entertainment expenses" means the actual,
200necessary, and reasonable costs of providing hospitality for
201business clients or guests, which costs are defined and
202prescribed by rules adopted by Space Florida the authority,
203subject to approval by the Chief Financial Officer.
204     (9)  "Federal aid" means any property, funding, or other
205financial assistance provided by the Federal Government to the
206authority for its projects.
207     (7)(10)  "Financing agreement" means a lease, lease-
208purchase agreement, lease with option to purchase, sale or
209installment sale agreement, whether title passes in whole or in
210part at any time before prior to, at, or after completion of the
211project, loan agreement, or other agreement forming the basis
212for the financing under this act, including any agreements,
213guarantees, or security instruments forming part of or related
214to providing assurance of payment of the obligations under the
215such financing agreement.
216     (8)(11)  "Guest" means a person, other than a state
217official or state employee, authorized by the board or its
218designee to receive the hospitality of Space Florida the
219authority in connection with the performance of its statutory
220duties.
221     (9)(12)  "Landing area" means the geographical area
222designated by Space Florida the authority within the spaceport
223territory for or intended for the landing and surface
224maneuvering of any launch or other space vehicle.
225     (10)(13)  "Launch pad" means any launch pad, runway,
226airstrip, or similar facility used by the spaceport or spaceport
227user for launching of space vehicles.
228     (11)(14)  "Payload" means any property or cargo to be
229transported aboard any vehicle launched by or from the
230spaceport.
231     (12)(15)  "Person" means any individual, child, community
232college, college, university, firm, association, joint venture,
233partnership, estate, trust, business trust, syndicate,
234fiduciary, corporation, nation, government (federal, state, or
235local), agency (government or other), subdivision of the state,
236municipality, county, business entity, or any other group or
237combination.
238     (13)(16)  "Project" means any activity associated with any
239development, improvement, property, launch, utility, facility,
240system, works, road, sidewalk, enterprise, service, or
241convenience, which may include coordination with federal and
242state partners or agencies Enterprise Florida, Inc., the Board
243of Education, the Florida Aerospace Finance Corporation, and the
244Florida Space Research Institute; any rocket, capsule, module,
245launch facility, assembly facility, operations or control
246facility, tracking facility, administrative facility, or any
247other type of aerospace-related space-related transportation
248vehicle, station, or facility; any type of equipment or
249instrument to be used or useful in connection with any of the
250foregoing; any type of intellectual property and intellectual
251property protection in connection with any of the foregoing
252including, without limitation, any patent, copyright, trademark,
253and service mark for, among other things, computer software; any
254water, wastewater, gas, or electric utility system, plant, or
255distribution or collection system; any small business incubator
256initiative, including any startup aerospace company, and any
257aerospace business proposing to expand or locate its business in
258this state, research and development company, research and
259development facility, education and workforce training facility,
260storage facility, and consulting service; or any tourism
261initiative, including any space experience attraction,
262microgravity flight program, aerospace launch-related space-
263launch-related activity, and space museum sponsored or promoted
264by Space Florida the authority.
265     (14)(17)  "Range" means the geographical area designated by
266Space Florida the authority or other appropriate body as the
267area for the launching of rockets, missiles, launch vehicles,
268and other vehicles designed to reach high altitude.
269     (15)(18)  "Recovery" means the recovery of space vehicles
270and payloads which have been launched from or by a the
271spaceport.
272     (16)(19)  "Spaceport" means any area of land or water, or
273any manmade object or facility located therein, developed by
274Space Florida the authority under this act, which area is
275intended for public use or for the launching, takeoff, and
276landing of spacecraft and aircraft, and includes any appurtenant
277areas which are used or intended for public use, for spaceport
278buildings, or for other spaceport facilities, spaceport
279projects, or rights-of-way.
280     (20)  "Spaceport Florida" means the authority or its
281facilities and projects.
282     (17)(21)  "Spaceport launch facilities" means shall be
283defined as industrial facilities as described in accordance with
284s. 380.0651(3)(c) and include any launch pad, launch control
285center, and fixed launch-support equipment.
286     (22)  "Spaceport system" means the programs, organizations,
287and infrastructure developed by the authority for the
288development of facilities or activities to enhance and provide
289commercial space-related development opportunities for business,
290education, and government within the state.
291     (18)(23)  "Spaceport territory" means the geographical area
292designated in s. 331.304 and as amended or changed in accordance
293with s. 331.329.
294     (19)(24)  "Spaceport user" means any person who uses the
295facilities or services of any spaceport; and, for the purposes
296of any exemptions or rights granted under this act, the said
297spaceport user shall be deemed a spaceport user only during the
298time period in which the such person has in effect a contract,
299memorandum of understanding, or agreement with the spaceport,
300and such rights and exemptions shall be granted with respect to
301transactions relating only to spaceport projects.
302     (20)(25)  "Travel expenses" means the actual, necessary,
303and reasonable costs of transportation, meals, lodging, and
304incidental expenses normally incurred by a traveler, which costs
305are defined and prescribed by rules adopted by Space Florida the
306authority, subject to approval by the Chief Financial Officer.
307     (21)(26)  "Spaceport discretionary capacity improvement
308projects" means capacity improvements that enhance space
309transportation capacity at spaceports that have had one or more
310orbital or suborbital flights during the previous calendar year
311or have an agreement in writing for installation of one or more
312regularly scheduled orbital or suborbital flights upon the
313commitment of funds for stipulated spaceport capital
314improvements.
315     Section 5.  Section 331.305, Florida Statutes, is amended
316to read:
317     331.305  Powers of Space Florida the authority.--Space
318Florida may The authority shall have the power to:
319     (1)  Exercise all powers granted to corporations under the
320Florida Business Corporation Act, chapter 607.
321     (1)(2)  Sue and be sued by its name in any court of law or
322in equity.
323     (2)(3)  Adopt and use a corporate seal and alter the same
324at pleasure.
325     (3)  Conduct its affairs, carry on its operations, and have
326offices and exercise the powers granted by this act in any
327state, territory, district, or possession of the United States
328or any foreign country.
329     (4)  Acquire, enjoy, use, and dispose of patents,
330copyrights, and trademarks and any licenses and other rights or
331interests under or in such licenses.
332     (5)  Purchase, take, receive, subscribe for, or otherwise
333acquire, own, hold, vote, use, employ, sell, mortgage, lend,
334pledge, or otherwise dispose of and otherwise use and deal in
335and with shares and other interests in, or obligations of, other
336domestic or foreign corporations, whether for profit or not for
337profit, associations, partnerships, or individuals, or direct or
338indirect obligations of the United States, or of any other
339government, state, territory, governmental district,
340municipality, or of any instrumentality of such governmental
341units.
342     (6)  Lend money for its purposes, invest and reinvest its
343funds, and take and hold real and personal property as security
344for the payment of funds loaned.
345     (7)  Have and exercise all powers necessary or convenient
346to effect any or all of the purposes for which it is organized.
347     (4)  Review and make recommendations with respect to a
348strategy to guide and facilitate the future of space-related
349educational and commercial development. The authority shall in
350coordination with the Federal Government, private industry, and
351Florida universities develop a business plan which shall address
352the expansion of Spaceport Florida locations, space launch
353capacity, spaceport projects, and complementary activities,
354which shall include, but not be limited to, a detailed analysis
355of:
356     (a)  The authority and the commercial space industry.
357     (b)  Products, services description--potential,
358technologies, skills.
359     (c)  Market research and evaluation--customers,
360competition, economics.
361     (d)  Marketing plan and strategy.
362     (e)  Design and development plan--tasks, difficulties,
363costs.
364     (f)  Manufacturing locations, facilities, and operations
365plan.
366     (g)  Management organization--roles and responsibilities.
367     (h)  Overall schedule (monthly).
368     (i)  Important risks, assumptions, and problems.
369     (j)  Community impact--economic, human development,
370community development.
371     (k)  Financial plan (monthly for first year; quarterly for
372next 3 years).
373     (l)  Proposed authority offering--financing,
374capitalization, use of funds.
375     (8)(5)  Acquire property, real, personal, intangible,
376tangible, or mixed, within or without its territorial limits, in
377fee simple or any lesser interest or estate, by purchase, gift,
378devise, or lease, on such terms and conditions as the board may
379deem necessary or desirable, and sell or otherwise dispose of
380the same and of any of the assets and properties of Space
381Florida the authority.
382     (9)(6)  Make and execute any and all contracts and other
383instruments necessary or convenient to the exercise of its
384powers, including financing agreements with persons or spaceport
385users to facilitate the financing, construction, leasing, or
386sale of any project.
387     (10)(7)  Whenever deemed necessary by the board, lease as
388lessor or lessee to or from any person, public or private, any
389facilities or property for the use of Space Florida the
390authority and carry out any of the purposes of Space Florida the
391authority.
392     (8)  Appoint, through its board of supervisors, an
393executive director.
394     (11)(9)  Own, acquire, construct, develop, create,
395reconstruct, equip, operate, maintain, extend, and improve
396launch pads, landing areas, ranges, payload assembly buildings,
397payload processing facilities, laboratories, aerospace space
398business incubators, launch vehicles, payloads, space flight
399hardware, facilities and equipment for the construction of
400payloads, space flight hardware, rockets, and other launch
401vehicles, and other spaceport facilities and other aerospace-
402related space-related systems, including educational, cultural,
403and parking facilities and aerospace-related space-related
404initiatives.
405     (10)  Undertake a program of advertising to the public
406promoting space-related businesses or any spaceport projects of
407the authority, and expend moneys and undertake such activities
408to carry out such advertising and promotional program as the
409board from time to time may determine.
410     (12)(11)  Own, acquire, construct, reconstruct, equip,
411operate, maintain, extend, or and improve transportation
412facilities appropriate to meet the transportation requirements
413of Space Florida the authority and activities conducted within
414the spaceport territory.
415     (13)(12)  Own, acquire, construct, reconstruct, equip,
416operate, maintain, extend, or and improve electric power plants,
417transmission lines and related facilities, gas mains and
418facilities of any nature for the production or distribution of
419natural gas, transmission lines and related facilities and
420plants and facilities for the generation and transmission of
421power through traditional and new and experimental sources of
422power and energy; purchase electric power, natural gas, and
423other sources of power for distribution within any spaceport
424territory; develop and operate water and sewer systems and waste
425collection and disposal consistent with chapter 88-130, Laws of
426Florida; and develop and operate such new and experimental
427public utilities, including, but not limited to, centrally
428distributed heating and air-conditioning facilities and
429services, closed-circuit television systems, and computer
430services and facilities, as the board may from time to time
431determine. However, Space Florida may the authority shall not
432construct any system, work, project, or utility authorized to be
433constructed under this paragraph in the event that a system,
434work, project, or utility of a similar character is being
435actually operated by a municipality or private company in the
436municipality or territory adjacent thereto, unless such
437municipality or private company consents to such construction.
438     (14)(13)  Designate, set aside, and maintain lands and
439areas within or without the territorial limits of any spaceport
440territory as conservation areas or bird and wildlife
441sanctuaries; stock such areas with animal and plant life and
442stock water areas with fish and other aquatic life; adopt
443pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
444rules and regulations with respect thereto and protect and
445preserve the natural beauty thereof; and do all acts necessary
446or desirable in order to qualify such lands and areas as
447conservation areas and sanctuaries under any of the laws of the
448state or under federal law.
449     (15)(14)  Establish a program for the control, abatement,
450and elimination of mosquitoes and other noxious insects,
451rodents, reptiles, and other pests throughout the spaceport
452territory and undertake such works and construct such facilities
453within or without the spaceport territory as may be determined
454by the board to be needed to effectuate such program; abate and
455suppress mosquitoes and other arthropods, whether disease-
456bearing or pestiferous, within any spaceport territory when in
457the judgment of the board such action is necessary or desirable
458for the health and welfare of the inhabitants of or visitors to
459any spaceport; and take any and all temporary or permanent
460eliminative measures that the board may deem advisable. The
461Legislature hereby finds and declares Space Florida the
462authority eligible to receive state funds, supplies, services,
463and equipment available or that may in the future become
464available to mosquito or pest control districts, the provisions
465of s. 388.021 notwithstanding.
466     (16)(15)  Subject to the rules and regulations of the
467appropriate water management district, own, acquire, construct,
468reconstruct, equip, maintain, operate, extend, and improve water
469and flood control facilities. The Legislature hereby finds and
470declares Space Florida the authority eligible to receive moneys,
471disbursements, and assistance from the state available to flood
472control or water management districts and navigation districts
473or agencies.
474     (17)(16)  Own, acquire, construct, reconstruct, equip,
475maintain, operate, extend, and improve public safety facilities
476for the spaceport, including security stations, security
477vehicles, fire stations, water mains and plugs, and fire trucks
478and other vehicles and equipment; hire employees, security
479officers, and firefighters; and undertake such works and
480construct such facilities determined by the board to be
481necessary or desirable to promote and ensure public safety
482within the spaceport territory.
483     (18)(17)  Hire, through its president executive director, a
484safety officer with substantial experience in public safety
485procedures and programs for space vehicle launching and related
486hazardous operations. The safety officer shall monitor and
487report on the safety and hazards of ground-based space
488operations to the president executive director.
489     (18)  Establish a personnel management system for hiring
490employees and setting employee benefit packages. The personnel
491of the authority shall not be considered to be within the state
492employment system.
493     (19)  Establish procedures, rules, and rates governing per
494diem and travel expenses of its employees, the members of the
495board of supervisors, and other persons authorized by the board
496to incur such expenses. Except as otherwise provided in s.
497331.3101, such rules are subject to provisions of state law or
498rules pertaining to per diem and travel expenses of public
499officers, employees, or other persons authorized by an agency
500head to incur such expenses.
501     (19)(20)  Examine, develop, and use utilize new concepts,
502designs, and ideas; own, acquire, construct, reconstruct, equip,
503operate, maintain, extend, and improve experimental spaceport
504facilities and services; and otherwise undertake, sponsor,
505finance, and maintain such research activities, experimentation,
506and development as the board may from time to time determine, in
507connection with any of the projects that Space Florida the
508authority is authorized to undertake pursuant to the powers and
509authority vested in it by this act, and in order to promote the
510development and utilization of new concepts, designs, and ideas
511in the fields of space exploration, commercialization of the
512space industry, and spaceport facilities.
513     (20)(21)  Issue revenue bonds, assessment bonds, or any
514other bonds or obligations authorized by the provisions of this
515act or any other law, or any combination of the foregoing, and
516pay all or part of the cost of the acquisition, construction,
517reconstruction, extension, repair, improvement, or maintenance
518of any project or combination of projects, including payloads
519and space flight hardware, and equipment for research,
520development, and educational activities, to provide for any
521facility, service, or other activity of Space Florida the
522authority, and provide for the retirement or refunding of any
523bonds or obligations of Space Florida the authority, or for any
524combination of the foregoing purposes. Space Florida The
525authority must provide 14 days' notice to the presiding officers
526and appropriations chairs of both houses of the Legislature
527prior to presenting a bond proposal to the Governor and Cabinet.
528If either presiding officer or appropriations chair objects to
529the bonding proposal within the 14-day-notice period, the bond
530issuance may be approved only by a vote of three-fourths two-
531thirds of the members of the Governor and Cabinet.
532     (21)(22)  Make expenditures for entertainment and travel
533expenses and business clients, guests, and other authorized
534persons as provided in this act.
535     (22)(23)  In connection with any financing agreement, fix
536and collect fees, loan payments, rental payments, and other
537charges for the use of any project in such amount as to provide
538sufficient moneys to pay the principal of and interest on bonds
539as the same shall become due and payable, if so provided in the
540bond resolution or trust agreement, and to create reserves for
541such purposes. The fees, rents, payments, and charges and all
542other revenues and proceeds derived from the project in
543connection with which the bonds of any issue shall have been
544issued, except such part thereof as may be necessary for such
545reserves or any expenditures as may be provided in the
546resolution authorizing the issuance of the bonds or in the trust
547agreement securing the same, shall be set aside, at the time as
548may be specified in the resolution or trust agreement, in a
549sinking fund which may be pledged to and charged with the
550payment of the principal of and the interest on such bonds as
551the same shall become due and the redemption price or the
552purchase price of bonds retired by call or purchase as therein
553provided. Such pledge is shall be valid and binding from the
554time the pledge is made. The fees, rents, charges, and other
555revenues and moneys so pledged and thereafter received by or on
556behalf of Space Florida the authority shall immediately be
557subject to the lien of any such pledge without any physical
558delivery thereof or further act, and the lien of any such pledge
559is shall be valid and binding as against all parties having
560claims of any kind in tort, contract, or otherwise against Space
561Florida the authority, irrespective of whether such parties have
562notice thereof. Neither the resolution nor any trust agreement
563by which a pledge is created need be filed or recorded, except
564in the records of Space Florida the authority. The use and
565disposition of money to the credit of the sinking fund shall be
566subject to the provisions of the resolution authorizing the
567issuance of such bonds or the provisions of such trust
568agreement.
569     (24)  Exercise the right and power of eminent domain in
570spaceport territory as defined in s. 331.304. In exercising such
571power, the authority shall comply with the procedures and
572requirements of chapters 73 and 74.
573     Section 6.  Section 331.3051, Florida Statutes, is created
574to read:
575     331.3051  Duties of Space Florida.--Space Florida shall:
576     (1)  Create a business plan to foster the growth and
577development of the aerospace industry. The business plan must
578address business development; finance; spaceport operations;
579research and development; workforce development; and education.
580The business plan must be completed by March 1, 2007, and be
581revised when determined as necessary by the board.
582     (2)  Enter into agreement with the Department of Education,
583the Department of Transportation, Enterprise Florida, Inc., and
584Workforce Florida, Inc., for the purpose of implementing this
585act.
586     (3)  In cooperation with Enterprise Florida, Inc., develop
587a plan to retain, expand, attract, and create aerospace industry
588entities, public or private, which results in the creation of
589high-value-added businesses and jobs in this state.
590     (4)  Create a marketing campaign to help attract, develop,
591and retain aerospace businesses, aerospace research and
592technology, and other related activities in this state. Space
593Florida shall attempt to coordinate the campaign with existing
594economic-development-promotion efforts in this state and may use
595private resources. Marketing strategies may include developing
596promotional materials, Internet and print advertising, public
597relations and media placement, trade show attendance, and other
598activities.
599     (5)  Consult with the Florida Commission on Tourism in
600developing a space tourism marketing plan. Space Florida and the
601Florida Commission on Tourism may enter into a mutually
602beneficial agreement that provides funding to the commission for
603its services to implement this subsection.
604     (6)  Develop, in cooperation with Enterprise Florida, Inc.,
605a plan to provide financing assistance to aerospace businesses.
606The plan may include the following activities:
607     (a)  Assembling, publishing, and disseminating information
608concerning financing opportunities and techniques for aerospace
609projects, programs, and activities; sources of public and
610private aerospace financing assistance; and sources of
611aerospace-related financing.
612     (b)  Organizing, hosting, and participating in seminars and
613other forums designed to disseminate information and technical
614assistance regarding aerospace-related financing.
615     (c)  Coordinating with programs and goals of the Department
616of Defense, the National Aeronautics and Space Administration,
617the Export-Import Bank of the United States, the International
618Trade Administration of the United States Department of
619Commerce, the Foreign Credit Insurance Association, and other
620private and public programs and organizations, domestic and
621foreign.
622     (d)  Establishing a network of contacts among those
623domestic and foreign public and private organizations that
624provide information, technical assistance, and financial support
625to the aerospace industry.
626     (e)  Financing aerospace business development projects or
627initiatives using funds provided by the Legislature.
628     (7)  Carry out its responsibilities for spaceport
629operations by:
630     (a)  Seeking federal support and developing partnerships to
631renew and upgrade the infrastructure and technologies at the
632Cape Canaveral Air Force Station, the John F. Kennedy Space
633Center, and the Eastern Range that will enhance space and
634military programs of the Federal Government, and improve access
635for commercial launch activities.
636     (b)  Supporting federal efforts to clarify roles and
637responsibilities of federal agencies and eliminate duplicative
638federal rules and policies, in an effort to streamline access
639for commercial launch users.
640     (c)  Pursuing the development of commercial spaceports in
641the state, in addition to those defined in s. 331.304, through a
642competitive request for proposals in partnership with counties
643or municipalities, the Federal Government, or private entities.
644     (d)  Promoting and facilitating launch activity within the
645state by supporting and assisting commercial launch operators in
646completing and submitting required documentation and gaining
647approvals and authorization from the required federal agencies
648for launching from Florida.
649     (e)  Consulting, as necessary, with the appropriate
650federal, state, and local authorities, including the National
651Aeronautics and Space Administration, the Federal Aviation
652Administration, the Department of Defense, the Department of
653Transportation, the Florida National Guard, and industry on all
654aspects of establishing and operating spaceport infrastructure
655and related facilities within the state.
656     (8)  Carry out its responsibility for research and
657development by:
658     (a)  Contracting for the operations of the state's Space
659Life Sciences Laboratory.
660     (b)  Working in collaboration with one or more public or
661private universities and other public or private entities to
662develop a proposal for a Center of Excellence for Aerospace that
663will foster and promote the research necessary to develop
664commercially promising, advanced, and innovative science and
665technology and will transfer those discoveries to the commercial
666sector.
667     (9)  Carry out its responsibility for workforce development
668by coordinating with Workforce Florida, Inc., community
669colleges, colleges, public and private universities, and other
670public and private partners to develop a plan to retain, train,
671and retrain workers, from entry-level skills training through to
672technician-level, and 4-year degrees and higher, with the skills
673most relevant to aerospace employers.
674     (10)  Carry out its responsibility for creating innovative
675education programs by funding programs developed in conjunction
676with the Department of Education that target grades K-20 in an
677effort to promote mathematics and science education programs,
678which may include the Florida-NASA Matching Grant Program,
679aerospace-focused education programs for teachers, education-
680oriented microgravity flight programs for teachers and students,
681and Internet-based aerospace education. Funds appropriated and
682any in-kind or private-sector contributions may be used to carry
683out innovative education programs. Funding levels shall be
684determined by the Space Florida board of directors. In its
685annual report, Space Florida shall include, at a minimum, a
686description of programs funded, the number of students served,
687and private-sector support.
688     (11)  Annually report on its performance with respect to
689its business plan, to include finance, spaceport operations,
690research and development, workforce development, and education.
691The report shall be submitted to the Governor, the President of
692the Senate, and the Speaker of the House of Representatives no
693later than September 1 for the prior fiscal year.
694     Section 7.  Section 331.306, Florida Statutes, is amended
695to read:
696     331.306  Federal airspace notification.--In accordance
697coordination with Federal Aviation Administration procedures the
698Florida Department of Transportation, Space Florida the
699authority shall develop and file the appropriate federal
700airspace notification to activate special-use airspace in
701support of its launch operations required for priority airspace
702use.
703     Section 8.  Section 331.308, Florida Statutes, is amended
704to read:
705     331.308  Board of directors supervisors.--
706     (1)  Space Florida shall be governed by a board of
707directors. Designees of appointed members do not have voting
708authority. The board of directors shall consist of the following
709members:
710     (a)  The Governor.
711     (b)  The Secretary of Transportation or the secretary's
712designee.
713     (c)  The president of Workforce Florida, Inc., or the
714president's designee.
715     (d)  The president of Enterprise Florida, Inc., or the
716president's designee.
717     (e)  The Commissioner of Education or the commissioner's
718designee.
719     (f)  Twelve members from the private sector, one of whom
720shall be a representative of organized labor with professional
721experience in the aerospace industry, appointed by the Governor.
722In making these appointments, the Governor shall ensure that the
723composition of the board reflects the diversity of the aerospace
724industry community of this state and, to the greatest degree
725possible, that the composition of the board includes, but is not
726limited to, at least one individual from each of the industries
727of business, finance, marketing, space, aerospace, aviation,
728defense, research and development, and education. The Governor
729shall also consider whether the current members of the board,
730together with potential appointees, reflect the racial, ethnic,
731and gender diversity, as well as the geographic distribution, of
732the population of the state.
733     (g)  Two ex officio, nonvoting members, one of whom shall
734be a member of the Senate, selected by the President of the
735Senate, and one of whom shall be a member of the House of
736Representatives, selected by the Speaker of the House of
737Representatives.
738     (2)(a)  Vacancies on the board shall be filled for the
739unexpired term in the same manner as the original appointments
740to the board.
741     (b)  Each member of the board of directors shall serve for
742a term of 4 years, except that the initial terms shall be
743staggered.
744     1.  The Governor shall appoint two members for a 1-year
745term, four members for 2-year terms, and six members for 4-year
746terms.
747     2.  The appointments made by the President of the Senate
748and the Speaker of the House of Representatives shall be for 2-
749year terms.
750     (c)  Any member is eligible for reappointment.
751     (3)  Appointed members may be removed by the Governor for
752cause. Absence from three consecutive meetings without good
753cause shall result in automatic removal by the Governor.
754     (4)  All private sector members are subject to confirmation
755by the Senate at the next regular session of the Legislature.
756     (5)  The Governor shall serve as chair of the board of
757directors. The board of directors shall biennially elect one of
758its private sector members as vice chair to serve in the absence
759of the Governor and to perform such other duties as may be
760designated. The president shall keep a record of the proceedings
761of the board of directors and shall be the custodian of all
762books, documents, and papers filed with the board of directors,
763the minutes of the board of directors, and the official seal of
764Space Florida.
765     (6)  The board of directors shall meet at least four times
766each year, upon the call of the chair, at the request of the
767vice chair, or at the request of a majority of the membership. A
768majority of the total number of current voting directors shall
769constitute a quorum. The board of directors may take official
770action by a majority vote of the members present at any meeting
771at which a quorum is present.
772     (7)  Members of the board of directors shall serve without
773compensation, but members, the president, and staff may be
774reimbursed for all reasonable, necessary, and actual expenses,
775as determined by the board of directors of Space Florida
776pursuant to s. 112.061.
777     (8)  Each member of the board of directors of Space Florida
778who is not otherwise required to file financial disclosure
779pursuant to s. 8, Art. II of the State Constitution or s.
780112.3144, shall file disclosure of financial interests pursuant
781to s. 112.3145. There is created within the Florida Space
782Authority a board of supervisors consisting of eight regular
783members, who shall be appointed by the Governor, and two ex
784officio nonvoting members, one of whom shall be a state senator
785selected by the President of the Senate and one of whom shall be
786a state representative selected by the Speaker of the House of
787Representatives. The Lieutenant Governor, who is the state's
788space policy leader, shall serve as chair of the board of
789supervisors, and shall cast the deciding vote if the votes of
790the eight regular members result in a tie. The board shall elect
791a vice chair to preside in the absence of the Lieutenant
792Governor and to perform such other duties as may be designated.
793All regular members shall be subject to confirmation by the
794Senate at the next regular session of the Legislature. Existing
795board members are not prohibited from reappointment. Each of the
796regular board members must be a resident of the state and must
797have experience in the aerospace or commercial space industry or
798in finance or have other significant relevant experience. A
799private sector legal entity may not have more than one person
800serving on the board at any one time. One regular member shall
801represent organized labor interests, one regular member shall
802represent minority interests, and four regular members must
803represent space industry, at least one of whom must also be from
804a small business, as defined in s. 288.703. For the purpose of
805this section, "space industry" includes private sector entities
806engaged in space flight business, as defined in s. 212.031,
807research and technology development of space-based products and
808services, space station commercialization, development of
809spaceport and range technology, remote sensing products and
810services, space biotechnology, measurement and calibration of
811space assets, space-related software and information technology
812development, design and architecture of space-based assets and
813facilities for manufacturing and other purposes, space-related
814nanotechnology, space tourism, and other commercial enterprises
815utilizing uniquely space-based capabilities.
816     (2)  Each regular member shall serve a term of 4 years or
817until a successor is appointed and qualified. The term of each
818such member shall be construed to commence on the date of
819appointment and to terminate on June 30 of the year of the end
820of the term. Appointment to the board shall not preclude any
821such member from holding any other private or public position.
822     (3)  The ex officio nonvoting legislative members shall
823serve on the board for 2-year terms.
824     (4)  Any vacancy on the board shall be filled for the
825balance of the unexpired term.
826     (5)  The board shall appoint an executive director.
827Meetings shall be held quarterly or more frequently at the call
828of the chair. A majority of the regular members of the board
829shall constitute a quorum, and a majority vote of such members
830present is necessary for any action taken by the board.
831     (6)  The Governor has the authority to remove from the
832board any regular member in the manner and for cause as defined
833by the laws of this state and applicable to situations that may
834arise before the board. Unless excused by the chair of the
835board, a regular member's absence from two or more consecutive
836board meetings creates a vacancy in the office to which the
837member was appointed.
838     Section 9.  Section 331.309, Florida Statutes, is amended
839to read:
840     331.309  Treasurer; depositories; fiscal agent.--
841     (1)  The board shall designate an individual who is a
842resident of the state, or a qualified public depository as
843defined in s. 280.02, as treasurer of Space Florida the
844authority, who shall have charge of the funds of Space Florida
845the authority. Such funds shall be disbursed only upon the order
846of or pursuant to the resolution of the board by warrant, check,
847authorization, or direct deposit pursuant to s. 215.85, signed
848or authorized by the treasurer or his or her representative or
849by such other persons as may be authorized by the board. The
850board may give the treasurer such other or additional powers and
851duties as the board may deem appropriate and shall establish the
852treasurer's compensation. The board may require the treasurer to
853give a bond in such amount, on such terms, and with such
854sureties as may be deemed satisfactory to the board to secure
855the performance by the treasurer of his or her powers and
856duties. The board shall audit or have audited the books of the
857treasurer at least once a year.
858     (2)  The board is authorized to select as depositories in
859which the funds of the board and of Space Florida the authority
860shall be deposited any qualified public depository as defined in
861s. 280.02, upon such terms and conditions as to the payment of
862interest by such depository upon the funds so deposited as the
863board may deem just and reasonable. Funds of the authority may
864also be deposited with the Florida Commercial Space Financing
865Corporation created by s. 331.407. The funds of Space Florida
866the authority may be kept in or removed from the State Treasury
867upon written notification from the chair of the board to the
868Chief Financial Officer.
869     (3)  The board may employ a fiscal agent, who shall be
870either a resident of the state or a corporation organized under
871the laws of this or any other state and authorized by such laws
872to act as such fiscal agent in the state.
873     Section 10.  Section 331.310, Florida Statutes, is amended
874to read:
875     331.310  Powers and duties of the board of directors
876supervisors.--Except as otherwise provided in this act, all of
877the powers and duties of the authority shall be exercised by and
878through the board of supervisors, including the power and duty
879to:
880     (1)  The board of directors may: Adopt bylaws, rules,
881resolutions, and orders prescribing the powers, duties, and
882functions of the officers of the authority, the conduct of the
883business of the authority, the maintenance of records, and the
884form of all documents and records of the authority. The board
885may adopt administrative rules and regulations with respect to
886any of the projects of the authority, with notice and public
887hearing.
888     (2)  Maintain an executive office and authority offices in
889close proximity to Kennedy Space Center.
890     (a)(3)  Enter, and authorize any agent or employee of Space
891Florida the authority to enter, upon any lands, waters, and
892premises, upon giving reasonable notice and due process to the
893land owner, for the purposes of making surveys, soundings,
894drillings, appraisals, and examinations necessary to perform its
895duties and functions. Any such entry shall not be deemed a
896trespass or an entry that would constitute a taking in an
897eminent domain proceeding. Space Florida The authority shall
898make reimbursement for any actual damages to such lands, waters,
899and premises as a result of such activity.
900     (b)(4)  Execute all contracts and other documents, adopt
901all proceedings, and perform all acts determined by the board to
902be necessary or desirable to carry out the purposes of this act.
903The board may authorize one or more members of the board to
904execute contracts and other documents on behalf of the board or
905Space Florida the authority.
906     (c)(5)  Establish and create such departments, committees,
907or other entities agencies as from time to time the board may
908deem necessary or desirable in the performance of any acts or
909other things necessary to the exercise of the powers provided in
910this act, and delegate to such departments, boards, or other
911entities agencies such administrative duties and other powers as
912the board may deem necessary or desirable.
913     (d)  Provide financial services to support aerospace-
914related business development within the state. Financial
915services may include, but are not limited to, insuring,
916coinsuring, or originating for sale direct aerospace-related
917loans; direct lending; guaranteeing and collateralizing loans;
918creating accounts; capitalizing, underwriting, leasing, selling,
919or securing funding for aerospace-related infrastructure;
920investing in permissible securities; organizing financial
921institutions and international bank syndicates; and acquiring,
922accepting, or administering grants, contracts, and fees from
923other organizations to perform activities that are consistent
924with the purposes of Space Florida's business plan. If the board
925deems a financial services entity is necessary, the board may
926contract with such entity.
927     (6)  Appoint a person to act as executive director of the
928authority, having such official title, functions, duties,
929powers, and salary as the board may prescribe.
930     (e)(7)  Examine, and authorize any officer or agent of
931Space Florida the authority to examine, the county tax rolls
932with respect to the assessed valuation of the real and personal
933property within any spaceport territory.
934     (f)(8)  Engage in the planning and implementation of space-
935related economic and educational development within the state.
936     (g)  Provide the strategic direction for the aerospace-
937related research priorities of the state and its aerospace-
938related businesses.
939     (h)(9)  Execute intergovernmental agreements and
940development agreements consistent with prevailing statutory
941provisions, including, but not limited to, special benefits or
942tax increment financing initiatives.
943     (i)(10)  Establish reserve funds for future board
944operations.
945     (j)(11)  Adopt rules pursuant to chapter 120 to carry out
946the purposes of this act.
947     (2)  The board of directors shall:
948     (a)  Adopt rules and orders to conduct the business of
949Space Florida, the maintenance of records, and the form of all
950documents and records of Space Florida. The board may adopt
951rules with respect to any of the projects of Space Florida with
952notice and a public hearing.
953     (b)  Maintain an executive office and Space Florida offices
954in close proximity to the John F. Kennedy Space Center.
955     (c)  Appoint a person to act as the president of Space
956Florida, having such official title, functions, duties, powers,
957and salary as the board may prescribe.
958     (d)(12)  Abide by all applicable federal labor laws in the
959construction and day-to-day operations of Space Florida the
960authority and any spaceport. Further, the board shall establish,
961by rule and regulation, pursuant to chapter 120, policies and
962procedures for the construction and operation of Space Florida
963the authority and any spaceport. The Said policies and
964procedures shall be such that when Space Florida the authority
965expends federal funds for construction or operation of any
966spaceport project, Space Florida the authority will be subject
967to the federal labor laws observed at the John F. Kennedy Space
968Center and Cape Canaveral Air Force Station, Florida, applicable
969as a result of such federal expenditures.
970     (e)(13)  Prepare an annual report of operations. The Said
971report shall include, but not be limited to, a balance sheet, an
972income statement, a statement of changes in financial position,
973a reconciliation of changes in equity accounts, a summary of
974significant accounting principles, the auditor's report, a
975summary of the status of existing and proposed bonding projects,
976comments from management about the year's business, and
977prospects for the next year, which shall be submitted each year
978by November 30 to the Governor, the President of the Senate, the
979Speaker of the House of Representatives, the minority leader of
980the Senate, and the minority leader of the House of
981Representatives.
982     (f)  Establish a personnel management system.
983     (14)  Change the name of the authority.
984     Section 11.  Section 331.3101, Florida Statutes, is amended
985to read:
986     331.3101  Space Florida Space Authority; travel and
987entertainment expenses.--
988     (1)  Notwithstanding the provisions of s. 112.061, Space
989Florida the authority shall adopt rules by which it may make
990expenditures by advancement or reimbursement, or a combination
991thereof, to Space Florida authority officers and employees;
992reimburse business clients, guests, and authorized persons as
993defined in s. 112.061(2)(e); and make direct payments to third-
994party vendors:
995     (a)  For travel expenses of such business clients, guests,
996and authorized persons incurred by Space Florida the authority
997in connection with the performance of its statutory duties, and
998for travel expenses incurred by state officials and state
999employees while accompanying such business clients, guests, or
1000authorized persons or when authorized by the board or its
1001designee.
1002     (b)  For entertainment expenses of such guests, business
1003clients, and authorized persons incurred by Space Florida the
1004authority in connection with the performance of its statutory
1005duties, and for entertainment expenses incurred for Space
1006Florida authority officials and employees when such expenses are
1007incurred while in the physical presence of such business
1008clients, guests, or authorized persons.
1009     (2)  The rules shall be subject to approval by the Chief
1010Financial Officer before adoption prior to promulgation. The
1011rules shall require the submission of paid receipts, or other
1012proof prescribed by the Chief Financial Officer, with any claim
1013for reimbursement, and shall require, as a condition for any
1014advancement, an agreement to submit paid receipts or other proof
1015and to refund any unused portion of the advancement within 15
1016days after the expense is incurred or, if the advancement is
1017made in connection with travel, within 15 days after completion
1018of the travel. However, with respect to an advancement made
1019solely for travel expenses, the rules may allow paid receipts or
1020other proof to be submitted, and any unused portion of the
1021advancement to be refunded, within 30 days after completion of
1022the travel.
1023     (3)  An annual report shall be made to the Legislature not
1024later than November 30 of each year for the previous fiscal
1025year, which shall consist of a synopsis concisely summarizing
1026all travel, entertainment, and incidental expenses incurred
1027within the United States and, separately, all travel,
1028entertainment, and incidental expenses incurred outside the
1029United States.
1030     (4)  A No claim submitted under this section is not shall
1031be required to be sworn to before a notary public or other
1032officer authorized to administer oaths, but any claim authorized
1033or required to be made under any provision of this section must
1034shall contain a statement that the expenses were actually
1035incurred as necessary travel or entertainment expenses in the
1036performance of official duties of Space Florida the authority
1037and shall be verified by written declaration that it is true and
1038correct as to every material matter. Any person who willfully
1039makes and subscribes to any such claim which the person does not
1040believe to be true and correct as to every material matter or
1041who willfully aids or assists in, or procures, counsels, or
1042advises, the preparation or presentation of a claim pursuant to
1043this section, which claim is fraudulent or false as to any
1044material matter, whether or not such falsity or fraud is with
1045the knowledge or consent of the person authorized or required to
1046present such claim, commits a misdemeanor of the second degree,
1047punishable as provided in s. 775.082 or s. 775.083. Whoever
1048receives an advancement or reimbursement by means of a false
1049claim is civilly liable, in the amount of the overpayment, for
1050the reimbursement of the public fund from which the claim was
1051paid.
1052     Section 12.  Section 331.311, Florida Statutes, is amended
1053to read:
1054     331.311  Exercise by Space Florida authority of its powers
1055within municipalities and other political subdivisions.--Space
1056Florida may The authority shall have the power to exercise any
1057of its rights, powers, privileges, and authority in any and all
1058portions of any spaceport territory lying within the boundaries
1059of any municipal corporation or other political subdivision,
1060heretofore or hereafter created or organized, whose boundaries
1061lie wholly or partly within the geographical limits of the
1062spaceport territory, to the same extent and in the same manner
1063as in areas of the spaceport territory not incorporated as part
1064of a municipality or other political subdivision. With respect
1065to any municipal corporation or other political subdivision
1066whose boundaries lie partly within and partly without the
1067geographical limits of the spaceport territory, Space Florida
1068may the authority shall have the power to exercise its rights,
1069powers, privileges, and authority only within the portion of the
1070such municipal corporation or other political subdivision lying
1071within the boundaries of the spaceport territory.
1072     Section 13.  Section 331.312, Florida Statutes, is amended
1073to read:
1074     331.312  Furnishing facilities and services within the
1075spaceport territory.--Space Florida may The authority shall have
1076the power to construct, develop, create, maintain, and operate
1077its projects within the geographical limits of the spaceport
1078territory, including any portions of the spaceport territory
1079located inside the boundaries of any incorporated municipality
1080or other political subdivision, and to offer, supply, and
1081furnish the facilities and services provided for in this act to,
1082and to establish and collect fees, rentals, and other charges
1083from, persons, public or private, within the geographical limits
1084of the spaceport territory and for the use of Space Florida the
1085authority itself.
1086     Section 14.  Section 331.313, Florida Statutes, is amended
1087to read:
1088     331.313  Power of Space Florida the authority with respect
1089to roads.--Within the territorial limits of any spaceport
1090territory, Space Florida may the authority has the right to
1091acquire, through purchase or interagency agreement, or as
1092otherwise provided in law, and to construct, control, and
1093maintain, roads deemed necessary by Space Florida the authority
1094and connections thereto and extensions thereof now or hereafter
1095acquired, constructed, or maintained in accordance with
1096established highway safety standards; provided that, in the
1097event a road being addressed by Space Florida the authority is
1098owned by another agency or jurisdiction, Space Florida the
1099authority, before prior to proceeding with the proposed project
1100or work activity, shall have either coordinated the desired work
1101with the owning agency or jurisdiction or shall have
1102successfully executed an interagency agreement with the owning
1103agency or jurisdiction.
1104     Section 15.  Section 331.316, Florida Statutes, is amended
1105to read:
1106     331.316  Rates, fees, rentals, tolls, fares, and charges;
1107procedure for adoption and modification; minimum revenue
1108requirements.--
1109     (1)  To recover the costs of the spaceport facility or
1110system, Space Florida may the authority shall have the power to
1111prescribe, fix, establish, and collect rates, fees, rentals,
1112tolls, fares, or other charges (hereinafter referred to as
1113"revenues"), and to revise the same from time to time, for the
1114facilities and services furnished or to be furnished by Space
1115Florida the authority and the spaceport, including, but not
1116limited to, launch pads, ranges, payload assembly and processing
1117facilities, visitor and tourist facilities, transportation
1118facilities, and parking and other related facilities, and may
1119shall have the power to provide for reasonable penalties against
1120any user or property for any such rates, fees, rentals, tolls,
1121fares, or other charges that are delinquent.
1122     (2)  The board may shall have the power to enter into
1123contracts for the use of the projects of Space Florida the
1124authority and for the services and facilities furnished or to be
1125furnished by Space Florida the authority, including, but not
1126limited to, launch services, payload assembly and processing,
1127and other aerospace-related space-related services, for such
1128consideration and on such other terms and conditions as the
1129board may approve. Such contracts, and revenues or service
1130charges received or to be received by Space Florida the
1131authority thereunder, may be pledged as security for any of the
1132bonds of Space Florida the authority.
1133     Section 16.  Section 331.317, Florida Statutes, is amended
1134to read:
1135     331.317  Recovery of delinquent charges.--In the event that
1136any of the rates, fees, rentals, tolls, fares, other charges, or
1137delinquent penalties shall not be paid as and when due and shall
1138be in default for 30 days or more, the unpaid balance thereof
1139and all interest accrued thereon, together with attorney's fees
1140and costs, may be recovered by Space Florida the authority in a
1141civil action.
1142     Section 17.  Section 331.318, Florida Statutes, is amended
1143to read:
1144     331.318  Discontinuance of service.--In the event that the
1145rates, fees, rentals, tolls, fares, or other charges for the
1146services and facilities of any project are not paid when due,
1147the board may shall have the power to discontinue and shut off
1148the same until such rates, fees, rentals, tolls, fares, or other
1149charges, including interest, penalties, and charges for the
1150shutting off and discontinuance and the restoration of such
1151services and facilities, are fully paid. Such delinquent rates,
1152fees, rentals, tolls, fares, or other charges, together with
1153interest, penalties, and charges for the shutting off and
1154discontinuance and the restoration of such services and
1155facilities, and reasonable attorney's fees and other expenses,
1156may be recovered by Space Florida the authority by suit in any
1157court of competent jurisdiction. Space Florida The authority may
1158also enforce payment of such delinquent rates, fees, rentals,
1159tolls, fares, or other charges by any other lawful method of
1160enforcement.
1161     Section 18.  Section 331.319, Florida Statutes, is amended
1162to read:
1163     331.319  Comprehensive planning; building and safety
1164codes.--The board of directors may supervisors shall have the
1165power to:
1166     (1)  Adopt, and from time to time review, amend,
1167supplement, or repeal, a comprehensive general plan for the
1168physical development of the area within the spaceport territory
1169in accordance with the objectives and purposes of this act and
1170consistent with the comprehensive plans of the applicable county
1171or counties and municipality or municipalities adopted pursuant
1172to the Local Government Comprehensive Planning and Land
1173Development Regulation Act, part II of chapter 163.
1174     (2)  Prohibit within the spaceport territory the
1175construction, alteration, repair, removal, or demolition, or the
1176commencement of the construction, alteration, repair (except
1177emergency repairs), removal, or demolition, of any building or
1178structure, including, but not by way of limitation, public
1179utility poles, lines, pipes, and facilities, without first
1180obtaining a permit from the board or such other officer or
1181agency as the board may designate, and to prescribe the
1182procedure with respect to the obtaining of such permit.
1183     Section 19.  Section 331.320, Florida Statutes, is amended
1184to read:
1185     331.320  Additional powers of board.--The board of
1186directors may shall have the power within any spaceport
1187territory to:
1188     (1)  Adopt regulations to prohibit or control the pollution
1189of air and water, and require certain location and placement of
1190electrical power, telephone, and other utility lines, cables,
1191pipes, and ducts.
1192     (2)  Divide the spaceport territory into zones or districts
1193of such number, shape, and area as the board may deem best
1194suited to carry out the purposes of this act, and within and for
1195each such district make regulations and restrictions as provided
1196for in subsection (1).
1197     Section 20.  Section 331.321, Florida Statutes, is amended
1198to read:
1199     331.321  Federal and other funds and aid.--Space Florida
1200may The authority is authorized to accept, receive, and receipt
1201for federal moneys, property, and other moneys or properties,
1202either public or private, for the acquisition, planning,
1203operation, construction, enlargement, improvement, maintenance,
1204equipment, or development of programs, facilities, and sites
1205therefor, and to comply with the provisions of the laws of the
1206United States and any rules and regulations made thereunder for
1207the expenditure of federal moneys.
1208     Section 21.  Section 331.322, Florida Statutes, is amended
1209to read:
1210     331.322  Agreements with municipalities within any
1211spaceport territory.--The board of directors and the governing
1212body or bodies of any one or more municipalities located wholly
1213or partly within any spaceport territory, whether now in
1214existence or hereafter created, may are authorized to enter into
1215and carry into effect contracts and agreements relating to the
1216common powers, duties, and functions of the board and other
1217officers, agents, and employees of Space Florida the authority,
1218and the respective governing body or bodies of one or more such
1219municipalities, and their respective officers, agents, and
1220employees, to the end that there may be effective cooperation
1221between and coordination of the efforts of such municipality or
1222municipalities and Space Florida the authority in discharging
1223their common functions, powers, and duties and in rendering
1224services to the respective residents and property owners of such
1225municipality or municipalities and Space Florida the authority.
1226The board and the governing body or bodies of one or more such
1227municipalities are further authorized to enter into and carry
1228into effect contracts and agreements for the performance of any
1229of their common functions, powers, and duties by a central
1230agency or common agent of the contracting parties.
1231     Section 22.  Section 331.323, Florida Statutes, is amended
1232to read:
1233     331.323  Cooperative agreements with the state, counties,
1234and municipalities.--
1235     (1)  The state and the counties, municipalities, and other
1236political subdivisions, public bodies, and agencies thereof, or
1237any of them, whether now existing or hereafter created, are
1238authorized to aid and cooperate with Space Florida the authority
1239in carrying out any of the purposes and projects of Space
1240Florida the authority, to enter into cooperative agreements with
1241Space Florida the authority, to provide in any such cooperative
1242agreement for the making of loans, gifts, grants, or
1243contributions to Space Florida the authority and the granting
1244and conveyance to Space Florida the authority of real or
1245personal property of any kind or nature, or any interest
1246therein, for the carrying out of the purpose and projects of
1247Space Florida the authority; to covenant in any such cooperative
1248agreement to pay all or any part of the costs of acquisition,
1249planning, development, construction, reconstruction, extension,
1250improvement, operation, and maintenance of any projects of Space
1251Florida the authority; and to pay all or any part of the
1252principal and interest on any bonds of Space Florida the
1253authority.
1254     (2)  The state and the counties, municipalities, and other
1255political subdivisions, public bodies, and agencies thereof, or
1256any of them, whether now existing or hereafter created, and
1257Space Florida the authority created by this act, are further
1258authorized to enter into cooperative agreements to provide for
1259the furnishing by Space Florida the authority to the state or
1260any county, municipality, or other political subdivision, public
1261body, or agency thereof of any of the facilities and services of
1262Space Florida the authority, or by the state or any county,
1263municipality, or other political subdivision, public body, or
1264agency thereof to Space Florida the authority and to persons
1265within the spaceport territory of facilities and services of the
1266type that Space Florida the authority is authorized to furnish
1267or undertake, or such other facilities and services as may be
1268determined necessary or desirable by the board for the carrying
1269out of the purposes of this act. Without limitation of the
1270foregoing, such cooperative agreements may provide for the
1271furnishing by any county, municipality, or other political
1272subdivision of fire and police protection for Space Florida the
1273authority and persons and property within Space Florida the
1274authority, and for the providing to Space Florida the authority
1275of any services deemed necessary or desirable by the board for
1276the proper functioning of Space Florida the authority.
1277     (3)  Without limitation of the foregoing, the board may
1278undertake and finance any of the projects of Space Florida the
1279authority, in whole or in part, jointly with any municipality or
1280municipalities, now existing or hereafter created, or in any
1281other manner combine the projects of Space Florida the authority
1282with the projects of such municipality or municipalities.
1283     (4)  Any agreement of the type authorized by this section
1284may be made and entered into under pursuant to this act for such
1285time or times, not exceeding 40 years.
1286     Section 23.  Section 331.324, Florida Statutes, is amended
1287to read:
1288     331.324  Contracts, grants, and contributions.--Space
1289Florida may The authority shall have the power to make and enter
1290all contracts and agreements necessary or incidental to the
1291performance of the functions of Space Florida the authority and
1292the execution of its powers, and to contract with, and to accept
1293and receive grants or loans of money, material, or property
1294from, any person, private or public, as the board shall
1295determine to be necessary or desirable to carry out the purposes
1296of this act, and in connection with any such contract, grant, or
1297loan to stipulate and agree to such covenants, terms, and
1298conditions as the board shall deem appropriate.
1299     Section 24.  Section 331.325, Florida Statutes, is amended
1300to read:
1301     331.325  Environmental permits.--Space Florida The
1302authority shall obtain required environmental permits in
1303accordance with federal and state law and shall comply with the
1304provisions of chapter 380.
1305     Section 25.  Section 331.326, Florida Statutes, is amended
1306to read:
1307     331.326  Information relating to trade secrets
1308confidential.--The records of Space Florida the authority
1309regarding matters encompassed by this act are public records
1310subject to the provisions of chapter 119. Any information held
1311by Space Florida the authority which is a trade secret, as
1312defined in s. 812.081, including trade secrets of Space Florida
1313the authority, any spaceport user, or the space industry
1314business, is confidential and exempt from the provisions of s.
1315119.07(1) and s. 24(a), Art. I of the State Constitution and may
1316not be disclosed. If Space Florida the authority determines that
1317any information requested by the public will reveal a trade
1318secret, it shall, in writing, inform the person making the
1319request of that determination. The determination is a final
1320order as defined in s. 120.52. Any meeting or portion of a
1321meeting of Space Florida's the authority's board of supervisors
1322is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1323of the State Constitution when the board is discussing trade
1324secrets. Any public record generated during the closed portions
1325of the such meetings, such as minutes, tape recordings, and
1326notes, is confidential and exempt from the provisions of s.
1327119.07(1) and s. 24(a), Art. I of the State Constitution.
1328     Section 26.  Section 331.327, Florida Statutes, is amended
1329to read:
1330     331.327  Foreign trade zone.--Space Florida may The
1331authority shall have the power to apply to the Federal
1332Government for a grant allowing the designation of any spaceport
1333territory as a foreign trade zone pursuant to ss. 288.36 and
1334288.37. However, the designation of any spaceport territory as a
1335foreign trade zone does shall not be deemed to authorize an
1336exemption from any tax imposed by the state or by any political
1337subdivision, agency, or instrumentality thereof.
1338     Section 27.  Section 331.328, Florida Statutes, is amended
1339to read:
1340     331.328  Sovereign immunity.--As an independent special
1341district, Space Florida has The authority shall be granted
1342sovereign immunity in the same manner as the state under the
1343laws and Constitution of the State of Florida. The state, by
1344this section, hereby waives the sovereign immunity granted to
1345the same extent as waived by the state under state law.
1346     Section 28.  Section 331.329, Florida Statutes, is amended
1347to read:
1348     331.329  Changing boundary lines; annexation and exclusion
1349of lands; creation of municipalities within the geographical
1350limits of any spaceport territory; limitations on the furnishing
1351of services within annexed areas.--
1352     (1)  The board of directors may at any time strike out or
1353correct the description of any land within or claimed to be
1354within the boundary lines of any spaceport territory upon the
1355written consent of the owners of all the land that would be
1356included or excluded from the boundary lines of any spaceport
1357territory or otherwise affected by the taking of such action,
1358and of the owners of not less than the majority in acreage of
1359all lands within any spaceport territory.
1360     (a)  The board may enlarge the geographical limits of any
1361spaceport territory to include any lands not then within any
1362spaceport territory:
1363     1.  Upon the written consent of the owners of all the land
1364to be included in any spaceport territory and of the owners of
1365not less than a majority in acreage of all the land then within
1366any spaceport territory; or
1367     2.  By resolution of the board approved at a special
1368election called for such purpose, by vote of a majority of
1369freeholders residing within the area to be annexed and a
1370majority of freeholders residing within any spaceport territory.
1371     (b)  The board of directors may contract the geographical
1372limits of any spaceport territory so as to exclude from any
1373spaceport territory any land then within any spaceport
1374territory:
1375     1.  Upon the written consent of the owners of all the land
1376to be so excluded and of the owners of not less than a majority
1377in acreage of all the land then within any spaceport territory;
1378or
1379     2.  By resolution of the board approved at a special
1380election called for such purpose, by vote of a majority of
1381freeholders residing within the area to be excluded and a
1382majority of the freeholders residing within any spaceport
1383territory.
1384     (2)  Land, including property situated thereon, added to
1385any spaceport territory in the manner provided in subsection (1)
1386shall from the time of its inclusion within such spaceport
1387territory be subject to all assessments thereafter levied and
1388assessed on all other land or property of any spaceport
1389territory similarly situated. Land, including property situated
1390thereon, excluded from any spaceport territory in the manner
1391provided in subsection (1) shall from the date of such exclusion
1392be exempt from assessments thereafter imposed by Space Florida
1393the authority but shall not be exempt from assessments
1394theretofore levied or due with respect to such land or property,
1395or from subsequent installments of assessments theretofore
1396levied or assessed with respect thereto, and such assessments
1397may be enforced and collected by or on behalf of Space Florida
1398the authority in the same manner as if such land or property
1399continued to be within the geographical limits of any spaceport
1400territory.
1401     (3)  In the event that the geographical limits of any
1402spaceport territory as set forth in s. 331.304 are revised so as
1403to include within any spaceport territory any areas not
1404presently contained within any spaceport territory, Space
1405Florida may the authority shall not engage in the business of
1406furnishing electric power for sale in such annexed area, unless
1407Space Florida the authority shall offer to purchase from any
1408person who is at the time engaged in the business of making,
1409generating, or distributing electricity for sale within such
1410annexed area, such portion of its electric plant and property
1411suitable and used for such business in connection therewith as
1412lies within the limits of such annexed area, in a manner
1413consistent with law.
1414     (4)  Space Florida The authority shall designate new launch
1415pads outside the present designated spaceport territories by
1416statutory amendment of s. 331.304.
1417     Section 29.  Section 331.331, Florida Statutes, is amended
1418to read:
1419     331.331  Revenue bonds.--
1420     (1)  Revenue bonds issued by Space Florida the authority
1421shall not be deemed revenue bonds issued by the state or its
1422agencies for purposes of s. 11, Art. VII of the State
1423Constitution and ss. 215.57-215.83. Space Florida The authority
1424shall include in its annual report to the Governor and
1425Legislature, as provided in s. 331.310, a summary of the status
1426of existing and proposed bonding projects.
1427     (2)  The issuance of revenue bonds may be secured by or
1428payable from the gross or net pledge of the revenues to be
1429derived from any project or combination of projects, from the
1430rates, fees, rentals, tolls, fares, or other charges to be
1431collected from the users of any project or projects; from any
1432revenue-producing undertaking or activity of Space Florida the
1433authority; or from any source of pledged security. Such bonds
1434shall not constitute an indebtedness of Space Florida the
1435authority unless such bonds are additionally secured by the full
1436faith and credit of Space Florida the authority. Bonds issued by
1437Space Florida the authority are not secured by the full faith
1438and credit of the State of Florida and do not constitute an
1439obligation, either general or special, thereof.
1440     (3)  Any two or more projects may be combined and
1441consolidated into a single project, and may thereafter be
1442operated and maintained as a single project. The revenue bonds
1443authorized herein may be issued to finance any one or more such
1444projects separately, or to finance two or more such projects,
1445regardless whether or not such projects have been combined and
1446consolidated into a single project. If the board deems it
1447advisable, the proceedings authorizing such revenue bonds may
1448provide that Space Florida the authority may thereafter combine
1449the projects then being financed or theretofore financed with
1450other projects to be subsequently financed by Space Florida the
1451authority shall be on a parity with the revenue bonds then being
1452issued, all on such terms, conditions, and limitations as shall
1453be provided, and may further provide that the revenues to be
1454derived from the subsequent projects shall at the time of the
1455issuance of such parity revenue bonds be also pledged to the
1456holders of any revenue bonds theretofore issued to finance the
1457revenue undertakings which are later combined with such
1458subsequent projects. Space Florida The authority may pledge for
1459the security of the revenue bonds a fixed amount, without regard
1460to any fixed proportion of the gross revenues of any project.
1461     Section 30.  Section 331.333, Florida Statutes, is amended
1462to read:
1463     331.333  Refunding bonds.--Space Florida The authority
1464through its board may shall have the power to issue bonds to
1465provide for the retirement or refunding of any bonds or
1466obligations of Space Florida the authority that at the time of
1467such issuance are or subsequently thereto become due and
1468payable, or that at the time of issuance have been called or are
1469or will be subject to call for redemption within 10 years
1470thereafter, or the surrender of which can be procured from the
1471holders thereof at prices satisfactory to the board. Refunding
1472bonds may be issued at any time when in the judgment of the
1473board such issuance will be advantageous to Space Florida the
1474authority. The provisions of this act pertaining to bonds of
1475Space Florida the authority shall, unless the context otherwise
1476requires, govern the issuance of refunding bonds, the form and
1477other details thereof, the rights of the holders thereof, and
1478the duties of the board with respect to the same.
1479     Section 31.  Section 331.334, Florida Statutes, is amended
1480to read:
1481     331.334  Pledging assessments and other revenues and
1482properties as additional security on bonds.--Space Florida The
1483authority may pledge as additional security for the payment of
1484any of the bonds of Space Florida the authority its full faith
1485and credit, and provide that such bonds shall be payable as to
1486both principal and interest, and as to any reserve or other
1487funds provided therefor, to the full extent that any revenues as
1488defined in this act, assessments, or other funds, or any
1489combination thereof, pledged therefor are insufficient for the
1490full payment of the same, and provided further that no bonds
1491shall be issued to the payment of which the full faith and
1492credit of Space Florida the authority is pledged unless approved
1493at an election in the manner provided by law. Space Florida The
1494authority by resolution of the board may also pledge as
1495additional security for said bonds the revenues from any project
1496of Space Florida the authority, utility service, assessments,
1497and any other sources of revenue or funds, or any combination of
1498the foregoing, and may pledge or mortgage any of the properties,
1499rights, interest, or other assets of Space Florida the
1500authority. Bonds issued by Space Florida the authority are not
1501secured by the full faith and credit of the State of Florida and
1502do not constitute an obligation, either general or special,
1503thereof. The board may also provide with respect to any bonds of
1504Space Florida the authority that such bonds shall be payable, in
1505whole or in part, as to principal amount or interest, or both,
1506out of rates, fees, rentals, tolls, fares, or other charges
1507collected with respect to any of the projects of Space Florida
1508the authority.
1509     Section 32.  Section 331.335, Florida Statutes, is amended
1510to read:
1511     331.335  Lien of pledges.--All pledges of revenues and
1512assessments made pursuant to the provisions of this act shall be
1513valid and binding from the time when such pledges are made. All
1514such revenues and assessments so pledged and thereafter
1515collected shall immediately be subject to the lien of such
1516pledges without any physical delivery thereof or further action,
1517and the lien of such pledges shall be valid and binding as
1518against all parties having claims of any kind in tort, contract,
1519or otherwise against Space Florida the authority, irrespective
1520of whether such parties have notice thereof.
1521     Section 33.  Section 331.336, Florida Statutes, is amended
1522to read:
1523     331.336  Issuance of bond anticipation notes.--In addition
1524to the other powers provided for in this act and not in
1525limitation thereof, Space Florida may the authority shall have
1526the power, at any time from time to time after the issuance of
1527any bonds of Space Florida the authority shall have been
1528authorized, to borrow money for the purposes for which such
1529bonds are to be issued in anticipation of the receipt of the
1530proceeds of the sale of such bonds and to issue bond
1531anticipation notes in a principal amount not in excess of the
1532authorized maximum amount of such bond issue. Such notes shall
1533be in such denomination or denominations, bear interest at such
1534rate or rates, mature at such time or times, be renewable for
1535such additional term or terms, and be in such form and executed
1536in such manner as the board shall prescribe. Such notes may be
1537sold at public sale, or if such notes shall be renewable notes,
1538may be exchanged for notes then outstanding on such terms as the
1539board shall determine. Such notes shall be paid from the
1540proceeds of such bonds when issued. The board may in its
1541discretion, in lieu of retiring the notes by means of bonds,
1542retire them by means of current revenues or from any assessments
1543levied for the payment of such bonds, but in such event a like
1544amount of the bonds authorized shall not be issued.
1545     Section 34.  Section 331.337, Florida Statutes, is amended
1546to read:
1547     331.337  Short-term borrowing.--Space Florida The authority
1548at any time may obtain loans, in such amount and on such terms
1549and conditions as the board may approve, for the purpose of
1550paying any of the expenses of Space Florida the authority or any
1551costs incurred or that may be incurred in connection with any of
1552the projects of Space Florida the authority, which loans shall
1553have such term or terms, be renewable for such term or terms,
1554bear interest at such rate or rates, and be payable from and
1555secured by a pledge of such funds, revenues, and assessments as
1556the board may determine. For the purpose of defraying such costs
1557and expenses, Space Florida the authority may issue negotiable
1558notes, warrants, or other evidences of debt signed on behalf of
1559Space Florida the authority by any one of the board, such notes
1560or other evidences of indebtedness to be payable at such time or
1561times, to bear interest at such rate or rates, and to be sold or
1562discounted at such price or prices and on such term or terms as
1563the board may deem advisable. The board may shall have the right
1564to provide for the payment thereof by pledging the whole or any
1565part of the funds, revenues, and assessments of Space Florida
1566the authority.
1567     Section 35.  Section 331.338, Florida Statutes, is amended
1568to read:
1569     331.338  Trust agreements.--In the discretion of the board,
1570any issue of bonds may be secured by a trust agreement by and
1571between Space Florida the authority and a corporate trustee
1572which may be any trust company or bank having the powers of a
1573trust company within or without the state. The resolution
1574authorizing the issuance of the bonds or such trust agreement
1575may pledge the revenues to be received from any projects of
1576Space Florida the authority and any other authorized moneys to
1577be used for the repayment of bonds, and may contain such
1578provisions for protecting and enforcing the rights and remedies
1579of the bondholders as the board may approve, including without
1580limitation covenants setting forth the duties of Space Florida
1581the authority in relation to the acquisition, planning,
1582development, construction, reconstruction, improvement,
1583maintenance, repair, operation, and insurance of any projects,
1584the fixing and revision of the rates, fees, rentals, tolls,
1585fares, and charges, and the custody, safeguarding, and
1586application of all moneys, and for the employment of consulting
1587engineers in connection with such acquisition, planning,
1588development, construction, reconstruction, improvement,
1589maintenance, repair, or operation. It shall be lawful for any
1590bank or trust company incorporated under the laws of the state
1591or the United States which may act as a depository of the
1592proceeds of bonds or of revenues to furnish such indemnifying
1593bonds or to pledge such securities as may be required by Space
1594Florida the authority. Such resolution or trust agreement may
1595set forth the rights and remedies of the bondholders and of the
1596trustee, if any, and may restrict the individual right of action
1597by bondholders. The board may provide for the payment of the
1598proceeds of the sale of the bonds and the revenues of any
1599project to such officer, board, or depository as it may
1600designate for the custody thereof, and for the method of
1601disbursement thereof, with such safeguards and restrictions as
1602it may determine. All expenses incurred in carrying out the
1603provisions of such resolution or trust agreement may be treated
1604as part of the cost of the project to which such trust agreement
1605pertains.
1606     Section 36.  Section 331.339, Florida Statutes, is amended
1607to read:
1608     331.339  Sale of bonds.--Bonds may be sold in blocks or
1609installments at different times, or an entire issue or series
1610may be sold at one time. Bonds may only be sold at public sale
1611after being advertised and publicly noticed, unless Space
1612Florida the authority has previously complied with the
1613provisions of s. 218.385. Bonds may be sold or exchanged for
1614refunding bonds. Special assessment and revenue bonds may be
1615delivered as payment by Space Florida the authority of the
1616purchase price or lease of any project or part thereof, or a
1617combination of projects or parts thereof, or as the purchase
1618price of, or exchange for, any property, real, personal, or
1619mixed, including franchises, or services rendered by any
1620contractor, engineer, or other person, all at one time or in
1621blocks from time to time, in such manner and upon such terms as
1622the board in its discretion shall determine. The price or prices
1623for any bonds sold, exchanged, or delivered may be:
1624     (1)  The money paid for the bonds.
1625     (2)  The principal amount, plus accrued interest to date of
1626redemption or exchange, of outstanding obligations exchanged for
1627refunding bonds.
1628     (3)  In the case of special assessment or revenue bonds,
1629the amount of any indebtedness to contractors or other persons
1630paid with such bonds, or the fair value of any properties
1631exchanged for the bonds, as determined by the board.
1632     Section 37.  Section 331.340, Florida Statutes, is amended
1633to read:
1634     331.340  Authorization and form of bonds.--Bonds may be
1635authorized by resolution or resolutions of the board which shall
1636be adopted by a majority of all of the members thereof then in
1637office and present at the meeting at which the resolution or
1638resolutions are adopted and shall be approved as provided in s.
1639331.305. The resolution or resolutions of the board may be
1640adopted at the same meeting at which they are introduced, and
1641shall be published and noticed. The board may by resolution
1642authorize the issuance of bonds, fix the aggregate amount of
1643bonds to be issued, the purpose or purposes for which the moneys
1644derived therefrom shall be expanded, the rate or rates of
1645interest, the denomination of the bonds, whether or not the
1646bonds are to be issued in one or more series, the date or dates
1647thereof, the date or dates of maturity, which shall not exceed
164840 years from their respective dates of issuance, the medium of
1649payment, the place or places within or without the state where
1650payment shall be made, registration privileges, redemption terms
1651and privileges (whether with or without premium), the manner of
1652execution, the form of the bonds including any interest coupons
1653to be attached thereto, the manner of execution of bonds and
1654coupons, and any and all other terms, covenants, and conditions
1655thereof, and the establishment of reserve or other funds. Such
1656authorizing resolution may further provide that such bonds may
1657be executed manually or by engraved, lithographed, or facsimile
1658signature, provided that where signatures are engraved,
1659lithographed, or facsimile no bond shall be valid unless
1660countersigned by a registrar or other officer designated by
1661appropriate resolution of the board. The seal of Space Florida
1662the authority may be affixed, lithographed, engraved, or
1663otherwise reproduced in facsimile on such bonds. In case any
1664officer whose signature or a facsimile of whose signature shall
1665appear on any bonds or coupons shall cease to be such officer
1666before the delivery of such bonds, such signature or facsimile
1667shall nevertheless be valid and sufficient for all purposes the
1668same as if the officer had remained in office until such
1669delivery.
1670     Section 38.  Section 331.343, Florida Statutes, is amended
1671to read:
1672     331.343  Defeasance.--The board may make such provision
1673with respect to the defeasance of the right, title, and interest
1674of the holders of any of the bonds and obligations of Space
1675Florida the authority in any revenues, funds, or other
1676properties by which such bonds are secured as the board deems
1677appropriate and, without limitation on the foregoing, may
1678provide that when such bonds or obligations become due and
1679payable or shall have been called for redemption, and the whole
1680amount of the principal and the interest and premium, if any,
1681due and payable upon the bonds or obligations when outstanding
1682shall be paid, or sufficient moneys or direct obligations of the
1683United States Government the principal of and the interest on
1684which when due will provide sufficient moneys, shall be held or
1685deposited in trust for such purpose, and provision shall also be
1686made for paying all other sums payable in connection with such
1687bonds or other obligations, then and in such event the right,
1688title, and interest of the holders of the bonds in any revenues,
1689funds, or other properties by which such bonds are secured shall
1690thereupon cease, terminate, and become void; and the board may
1691apply any surplus in any sinking fund established in connection
1692with such bonds or obligations and all balances remaining in all
1693other funds or accounts other than money held for the redemption
1694or payment of the bonds or other obligations to any lawful
1695purpose of Space Florida the authority as the board shall
1696determine.
1697     Section 39.  Section 331.345, Florida Statutes, is amended
1698to read:
1699     331.345  Covenants.--Any resolution authorizing the
1700issuance of bonds may contain such covenants as the board may
1701deem advisable and all such covenants shall constitute valid and
1702legally binding and enforceable contracts between Space Florida
1703the authority and the bondholders, regardless of the time of
1704issuance thereof. Such covenants may include, without
1705limitation, covenants concerning the disposition of the bond
1706proceeds, the use and disposition of project revenues, the
1707pledging of revenues, and assessments, the obligations of Space
1708Florida the authority with respect to the operation of the
1709project and the maintenance of adequate project revenues, the
1710issuance of additional bonds, the appointment, powers, and
1711duties of trustees and receivers, the acquisition of outstanding
1712bonds and obligations, restrictions on the establishing of
1713competing projects or facilities, restrictions on the sale or
1714disposal of the assets and property of Space Florida the
1715authority, the priority of assessment liens, the priority of
1716claims by bondholders on the taxing power of Space Florida the
1717authority, the maintenance of deposits to assure the payment of
1718revenues by users of spaceport facilities and services, the
1719discontinuance of Space Florida authority services by reason of
1720delinquent payments, acceleration upon default, the execution of
1721necessary instruments, the procedure for amending or abrogating
1722covenants with the bondholders, and such other covenants as may
1723be deemed necessary or desirable for the security of the
1724bondholders.
1725     Section 40.  Section 331.346, Florida Statutes, is amended
1726to read:
1727     331.346  Validity of bonds; validation proceedings.--Any
1728bonds issued by Space Florida the authority shall be
1729incontestable in the hands of bona fide purchasers or holders
1730for value and shall not be invalid because of any irregularity
1731or defect in the proceedings for the issue and sale thereof.
1732Prior to the issuance of any bonds, Space Florida the authority
1733shall publish a notice at least once in a newspaper or
1734newspapers published or of general circulation in the
1735appropriate counties in the state, stating the date of adoption
1736of the resolution authorizing such obligations, the amount,
1737maximum rate of interest, and maturity of such obligations, and
1738the purpose in general terms for which such obligations are to
1739be issued, and further stating that no action or proceeding
1740questioning the validity of such obligations or of the
1741proceedings authorizing the issuance thereof, or of any
1742covenants made therein, must be instituted within 20 days after
1743the first publication of such notice, or the validity of such
1744obligations, proceedings, and covenants shall not be thereafter
1745questioned in any court whatsoever. If no such action or
1746proceeding is so instituted within such 20-day period, then the
1747validity of such obligations, proceedings, and covenants shall
1748be conclusive, and all persons or parties whatsoever shall be
1749forever barred from questioning the validity of such
1750obligations, proceedings, or covenants in any court whatsoever.
1751     Section 41.  Section 331.347, Florida Statutes, is amended
1752to read:
1753     331.347  Act furnishes full authority for issuance of
1754bonds.--This act constitutes full and complete authority for the
1755issuance of bonds and the exercise of the powers of Space
1756Florida the authority provided herein. Any and all bonds issued
1757by Space Florida the authority shall not be secured by the full
1758faith and credit of the State of Florida and do not constitute
1759an obligation, either general or special, thereof.
1760     Section 42.  Section 331.348, Florida Statutes, is amended
1761to read:
1762     331.348  Investment of funds.--The board may in its
1763discretion invest funds of Space Florida the authority through
1764the Chief Financial Officer or in:
1765     (1)  Direct obligations of or obligations guaranteed by the
1766United States or for the payment of the principal and interest
1767of which the faith and credit of the United States is pledged;
1768     (2)  Bonds or notes issued by any of the following federal
1769agencies: Bank for Cooperatives; federal intermediate credit
1770banks; federal home loan bank system; federal land banks; or the
1771Federal National Mortgage Association (including debentures or
1772participating certificates issued by such association);
1773     (3)  Public housing bonds issued by public housing
1774authorities and secured by a pledge or annual contributions
1775under an annual contribution contract or contracts with the
1776United States;
1777     (4)  Bonds or other interest-bearing obligations of any
1778county, district, city, or town located in the state for which
1779the full faith and credit of such political subdivision is
1780pledged;
1781     (5)  Any investment authorized for insurers by ss. 625.306-
1782625.316 and amendments thereto; or
1783     (6)  Any investment authorized under s. 17.57 and
1784amendments thereto.
1785     Section 43.  Section 331.349, Florida Statutes, is amended
1786to read:
1787     331.349  Fiscal year of Space Florida the authority.--The
1788board may has the power to establish and from time to time
1789redetermine the fiscal year of Space Florida the authority.
1790Unless the board otherwise provides, Space Florida's the
1791authority's fiscal year shall be July 1 through June 30.
1792     Section 44.  Section 331.350, Florida Statutes, is amended
1793to read:
1794     331.350  Insurance coverage of Space Florida the authority;
1795safety program.--
1796     (1)  Notwithstanding any other provision of law, the State
1797Risk Management Trust Fund established under s. 284.30 may shall
1798not insure buildings and property owned or leased by Space
1799Florida the authority.
1800     (2)  Notwithstanding any other provision of law, the State
1801Risk Management Trust Fund established under s. 284.30 may shall
1802not insure against any liability of Space Florida the authority.
1803     (3)  Space Florida The authority shall establish a safety
1804program. The safety program shall include:
1805     (a)  The development and implementation of a loss
1806prevention program which shall consist of a comprehensive
1807authority wide safety program for all of Space Florida,
1808including a statement, established by the board of directors
1809supervisors, of safety policy and responsibility.
1810     (b)  Provision for regular and periodic facility and
1811equipment inspections.
1812     (c)  Investigation of job-related employee accidents and
1813other accidents occurring on the premises of Space Florida the
1814authority or within areas of its jurisdiction.
1815     (d)  Establishment of a program to promote increased safety
1816awareness among employees, agents, and subcontractors of Space
1817Florida the authority.
1818     (4)(a)  Space Florida The authority shall, if available,
1819secure insurance coverage within reasonable limits for liability
1820which may arise as a consequence of its responsibilities.
1821     (b)  Space Florida The authority shall, if available, and
1822if cost-effective, secure insurance coverage on its buildings,
1823facilities, and property at reasonable levels.
1824     (c)  Space Florida The authority, with respect to the
1825purchase of insurance, shall be subject to the applicable
1826provisions of chapter 287 and other applicable law.
1827     Section 45.  Section 331.351, Florida Statutes, is amended
1828to read:
1829     331.351  Participation by women, minorities, and socially
1830and economically disadvantaged business enterprises
1831encouraged.--It is the intent of the Legislature and the public
1832policy of this state that women, minorities, and socially and
1833economically disadvantaged business enterprises be encouraged to
1834participate fully in all phases of economic and community
1835development. Accordingly, to achieve such purpose, Space Florida
1836the authority shall, in accordance with applicable state and
1837federal law, involve and utilize women, minorities, and socially
1838and economically disadvantaged business enterprises in all
1839phases of the design, development, construction, maintenance,
1840and operation of spaceports developed under this act.
1841     Section 46.  Section 331.354, Florida Statutes, is amended
1842to read:
1843     331.354  Tax exemption.--The exercise of the powers granted
1844by this act in all respects shall be for the benefit of the
1845people of the state, for the increase of their industry and
1846prosperity, for the improvement of their health and living
1847conditions, and for the provision of gainful employment and
1848shall constitute the performance of essential public functions.
1849Space Florida is The authority shall not be required to pay any
1850taxes on any project or any other property owned by Space
1851Florida the authority under the provisions of this act or upon
1852the income therefrom. The bonds issued under the provisions of
1853this act or upon the income therefrom (including any profit made
1854on the sale thereof), and all notes, mortgages, security
1855agreements, letters of credit, or other instruments which arise
1856out of or are given to secure the repayment of bonds issued in
1857connection with a project financed under this act, shall at all
1858times be free from taxation by the state or any local unit,
1859political subdivision, or other instrumentality of the state.
1860Nothing in This section, however, does not exempt shall be
1861construed as exempting from taxation or assessments the
1862leasehold interest of a lessee in any project or any other
1863property or interest owned by the lessee. The exemption granted
1864by this section is shall not be applicable to any tax imposed by
1865chapter 220 on interest, income, or profits on debt obligations
1866owned by corporations.
1867     Section 47.  Section 331.355, Florida Statutes, is amended
1868to read:
1869     331.355  Use of name; ownership rights to intellectual
1870property.--
1871     (1)(a)  The corporate name of a corporation incorporated or
1872authorized to transact business in this state, or the name of
1873any person or business entity transacting business in this
1874state, may not use the words "Space Florida," "Florida Space
1875Authority," "Florida Aerospace Finance Corporation," "Florida
1876Space Research Institute," "spaceport Florida," or "Florida
1877spaceport" in its name unless the Space Florida board of
1878directors the authority gives written approval for such use.
1879     (b)  The Department of State may dissolve, pursuant to s.
1880607.1421, any corporation that violates paragraph (a).
1881     (2)  Notwithstanding any provision of chapter 286, the
1882legal title and every right, interest, claim, or demand of any
1883kind in and to any patent, trademark, copyright, certification
1884mark, or other right acquired under the patent and trademark
1885laws of the United States or this state or any foreign country,
1886or the application for the same, as is owned or held, acquired,
1887or developed by Space Florida the authority, under the authority
1888and directions given it by this part, is vested in Space Florida
1889the authority for the use, benefit, and purposes provided in
1890this part. Space Florida The authority is vested with and is
1891authorized to exercise any and all of the normal incidents of
1892such ownership, including the receipt and disposition of
1893royalties. Any sums received as royalties from any such rights
1894are hereby appropriated to Space Florida the authority for any
1895and all of the purposes and uses provided in this part.
1896     Section 48.  Section 331.360, Florida Statutes, is amended
1897to read:
1898     331.360  Joint participation project agreement or
1899assistance; spaceport master plan.--
1900     (1)  It shall be the duty, function, and responsibility of
1901the Department of Transportation to promote the further
1902development and improvement of aerospace transportation
1903facilities; to address intermodal requirements and impacts of
1904the launch ranges, spaceports, and other space transportation
1905facilities; to assist in the development of joint-use facilities
1906and technology that support aviation and aerospace operations;
1907to coordinate and cooperate in the development of spaceport
1908infrastructure and related transportation facilities contained
1909in the Strategic Intermodal System Plan;  to encourage, where
1910appropriate, the cooperation and integration of airports and
1911spaceports in order to meet transportation-related needs; and to
1912facilitate and promote cooperative efforts between federal and
1913state government entities to improve space transportation
1914capacity and efficiency. In carrying out this duty and
1915responsibility, the department may assist and advise, cooperate
1916with, and coordinate with federal, state, local, or private
1917organizations and individuals. The department may
1918administratively house its space transportation responsibilities
1919within an existing division or office.
1920     (2)  Notwithstanding any other provision of law, the
1921Department of Transportation shall may enter into a joint
1922participation project agreement with, or otherwise assist, the
1923Florida Space Florida Authority as necessary to effectuate the
1924provisions of this chapter and may allocate funds for such
1925purposes in its 5-year work program. However, the department may
1926not fund the administrative or operational costs of Space
1927Florida the authority.
1928     (3)  Space Florida The authority shall develop a spaceport
1929master plan for expansion and modernization of space
1930transportation facilities within spaceport territories as
1931defined in s. 331.303(23). The plan shall contain recommended
1932projects to meet current and future commercial, national, and
1933state space transportation requirements. Space Florida The
1934authority shall submit the plan to any appropriate metropolitan
1935planning organization M.P.O. for review of intermodal impacts.
1936Space Florida The authority shall submit the spaceport master
1937plan to the Department of Transportation, and such plan may be
1938included within the department's 5-year work program of
1939qualifying aerospace discretionary capacity improvement under
1940subsection (4). The plan shall identify appropriate funding
1941levels and include recommendations on appropriate sources of
1942revenue that may be developed to contribute to the State
1943Transportation Trust Fund.
1944     (4)  Subject to the availability of appropriated funds, the
1945department may participate in the capital cost of eligible
1946spaceport discretionary capacity improvement projects. The
1947annual legislative budget request shall be based on the proposed
1948funding requested for approved spaceport discretionary capacity
1949improvement projects.
1950     Section 49.  Section 331.369, Florida Statutes, is amended
1951to read:
1952     331.369  Space Industry Workforce Initiative.--
1953     (1)  The Legislature finds that the aerospace space
1954industry is critical to the economic future of the state and
1955that the competitiveness of the industry in the state depends
1956upon the development and maintenance of a qualified workforce.
1957The Legislature further finds that the aerospace space industry
1958in this state has diverse and complex workforce needs,
1959including, but not limited to, the need for qualified entry-
1960level workers, the need to upgrade the skills of technician-
1961level incumbent workers, and the need to ensure continuing
1962education opportunities for workers with advanced educational
1963degrees. It is the intent of the Legislature to support programs
1964designed to address the workforce development needs of the
1965aerospace space industry in this state.
1966     (2)  The Workforce Development Board of Enterprise Florida,
1967Inc., or it successor entity, shall coordinate development of a
1968Space Industry Workforce Initiative in partnership with Space
1969Florida, the Florida Space Research Institute, the institute's
1970consortium of public and private universities, community
1971colleges, and other training providers approved by the board.
1972The purpose of the initiative is to use or revise existing
1973programs and to develop innovative new programs to address the
1974workforce needs of the aerospace space industry.
1975     (3)  The initiative shall emphasize:
1976     (a)  Curricula content and timeframes developed with
1977industry participation and endorsed by the industry;
1978     (b)  Programs that certify persons completing training as
1979meeting industry-approved standards or competencies;
1980     (c)  Use of distance-learning and computer-based training
1981modules as appropriate and feasible;
1982     (d)  Industry solicitation of public and private
1983universities to develop continuing education programs at the
1984master's and doctoral levels;
1985     (e)  Agreements with the National Aeronautics and Space
1986Administration to replicate on a national level successful
1987training programs developed through the initiative; and
1988     (f)  Leveraging of state and federal workforce funds.
1989     (4)  The Workforce Development Board of Enterprise Florida,
1990Inc., or its successor entity, with the assistance of Space
1991Florida the Florida Space Research Institute, shall convene
1992representatives from the aerospace space industry to identify
1993the priority training and education needs of the industry and to
1994appoint a team to design programs to meet the such priority
1995needs.
1996     (5)  The Workforce Development Board of Enterprise Florida,
1997Inc., or its successor entity, as part of its statutorily
1998prescribed annual report to the Legislature, shall provide
1999recommendations for policies, programs, and funding to enhance
2000the workforce needs of the aerospace space industry.
2001     Section 50.  Paragraph (g) of subsection (2) of section
200214.2015, Florida Statutes, is amended to read:
2003     14.2015  Office of Tourism, Trade, and Economic
2004Development; creation; powers and duties.--
2005     (2)  The purpose of the Office of Tourism, Trade, and
2006Economic Development is to assist the Governor in working with
2007the Legislature, state agencies, business leaders, and economic
2008development professionals to formulate and implement coherent
2009and consistent policies and strategies designed to provide
2010economic opportunities for all Floridians. To accomplish such
2011purposes, the Office of Tourism, Trade, and Economic Development
2012shall:
2013     (g)  Serve as contract administrator for the state with
2014respect to contracts with Enterprise Florida, Inc., the Florida
2015Commission on Tourism, Space Florida, and all direct-support
2016organizations under this act, excluding those relating to
2017tourism. To accomplish the provisions of this act and applicable
2018provisions of chapter 288, and notwithstanding the provisions of
2019part I of chapter 287, the office shall enter into specific
2020contracts with Enterprise Florida, Inc., the Florida Commission
2021on Tourism, Space Florida, and other appropriate direct-support
2022organizations. Such contracts may be multiyear and shall include
2023specific performance measures for each year.
2024     Section 51.  Section 74.011, Florida Statutes, is amended
2025to read:
2026     74.011  Scope.--In any eminent domain action, properly
2027instituted by and in the name of the state; the Department of
2028Transportation; any county, school board, municipality,
2029expressway authority, regional water supply authority,
2030transportation authority, flood control district, or drainage or
2031subdrainage district; the ship canal authority; any lawfully
2032constituted housing, port, or aviation authority; the Florida
2033Space Authority; or any rural electric cooperative, telephone
2034cooperative corporation, or public utility corporation, the
2035petitioner may avail itself of the provisions of this chapter to
2036take possession and title in advance of the entry of final
2037judgment.
2038     Section 52.  Subsection (6) of section 196.012, Florida
2039Statutes, is amended to read:
2040     196.012  Definitions.--For the purpose of this chapter, the
2041following terms are defined as follows, except where the context
2042clearly indicates otherwise:
2043     (6)  Governmental, municipal, or public purpose or function
2044shall be deemed to be served or performed when the lessee under
2045any leasehold interest created in property of the United States,
2046the state or any of its political subdivisions, or any
2047municipality, agency, special district, authority, or other
2048public body corporate of the state is demonstrated to perform a
2049function or serve a governmental purpose which could properly be
2050performed or served by an appropriate governmental unit or which
2051is demonstrated to perform a function or serve a purpose which
2052would otherwise be a valid subject for the allocation of public
2053funds. For purposes of the preceding sentence, an activity
2054undertaken by a lessee which is permitted under the terms of its
2055lease of real property designated as an aviation area on an
2056airport layout plan which has been approved by the Federal
2057Aviation Administration and which real property is used for the
2058administration, operation, business offices and activities
2059related specifically thereto in connection with the conduct of
2060an aircraft full service fixed base operation which provides
2061goods and services to the general aviation public in the
2062promotion of air commerce shall be deemed an activity which
2063serves a governmental, municipal, or public purpose or function.
2064Any activity undertaken by a lessee which is permitted under the
2065terms of its lease of real property designated as a public
2066airport as defined in s. 332.004(14) by municipalities,
2067agencies, special districts, authorities, or other public bodies
2068corporate and public bodies politic of the state, a spaceport as
2069defined in s. 331.303(19), or which is located in a deepwater
2070port identified in s. 403.021(9)(b) and owned by one of the
2071foregoing governmental units, subject to a leasehold or other
2072possessory interest of a nongovernmental lessee that is deemed
2073to perform an aviation, airport, aerospace, maritime, or port
2074purpose or operation shall be deemed an activity that serves a
2075governmental, municipal, or public purpose. The use by a lessee,
2076licensee, or management company of real property or a portion
2077thereof as a convention center, visitor center, sports facility
2078with permanent seating, concert hall, arena, stadium, park, or
2079beach is deemed a use that serves a governmental, municipal, or
2080public purpose or function when access to the property is open
2081to the general public with or without a charge for admission. If
2082property deeded to a municipality by the United States is
2083subject to a requirement that the Federal Government, through a
2084schedule established by the Secretary of the Interior, determine
2085that the property is being maintained for public historic
2086preservation, park, or recreational purposes and if those
2087conditions are not met the property will revert back to the
2088Federal Government, then such property shall be deemed to serve
2089a municipal or public purpose. The term "governmental purpose"
2090also includes a direct use of property on federal lands in
2091connection with the Federal Government's Space Exploration
2092Program or spaceport activities as defined in s. 212.02(22).
2093Real property and tangible personal property owned by the
2094Federal Government or Space Florida the Florida Space Authority
2095and used for defense and space exploration purposes or which is
2096put to a use in support thereof shall be deemed to perform an
2097essential national governmental purpose and shall be exempt.
2098"Owned by the lessee" as used in this chapter does not include
2099personal property, buildings, or other real property
2100improvements used for the administration, operation, business
2101offices and activities related specifically thereto in
2102connection with the conduct of an aircraft full service fixed
2103based operation which provides goods and services to the general
2104aviation public in the promotion of air commerce provided that
2105the real property is designated as an aviation area on an
2106airport layout plan approved by the Federal Aviation
2107Administration. For purposes of determination of "ownership,"
2108buildings and other real property improvements which will revert
2109to the airport authority or other governmental unit upon
2110expiration of the term of the lease shall be deemed "owned" by
2111the governmental unit and not the lessee. Providing two-way
2112telecommunications services to the public for hire by the use of
2113a telecommunications facility, as defined in s. 364.02(15), and
2114for which a certificate is required under chapter 364 does not
2115constitute an exempt use for purposes of s. 196.199, unless the
2116telecommunications services are provided by the operator of a
2117public-use airport, as defined in s. 332.004, for the operator's
2118provision of telecommunications services for the airport or its
2119tenants, concessionaires, or licensees, or unless the
2120telecommunications services are provided by a public hospital.
2121However, property that is being used to provide such
2122telecommunications services on or before October 1, 1997, shall
2123remain exempt, but such exemption expires October 1, 2004.
2124     Section 53.  Subsection (22) of section 212.02, Florida
2125Statutes, is amended to read:
2126     212.02  Definitions.--The following terms and phrases when
2127used in this chapter have the meanings ascribed to them in this
2128section, except where the context clearly indicates a different
2129meaning:
2130     (22)  "Spaceport activities" means activities directed or
2131sponsored by Space Florida the Florida Space Authority on
2132spaceport territory pursuant to its powers and responsibilities
2133under the Space Florida Act Florida Space Authority Act.
2134     Section 54.  Subsection (7) of section 288.063, Florida
2135Statutes, is amended to read:
2136     288.063  Contracts for transportation projects.--
2137     (7)  For the purpose of this section, Space Florida the
2138Florida Space Authority may serve as the local government or as
2139the contracting agency for transportation projects within
2140spaceport territory as defined by s. 331.304.
2141     Section 55.  Subsection (1) of section 288.075, Florida
2142Statutes, is amended to read:
2143     288.075  Confidentiality of records.--
2144     (1)  As used in this section, the term "economic
2145development agency" means the Office of Tourism, Trade, and
2146Economic Development, any industrial development authority
2147created in accordance with part III of chapter 159 or by special
2148law, Space Florida the Florida Space Authority created in part
2149II of chapter 331, the Florida Aerospace Finance Corporation
2150created in part III of chapter 331, the public economic
2151development agency of a county or municipality, or any research
2152and development authority created in accordance with part V of
2153chapter 159. The term also includes any private agency, person,
2154partnership, corporation, or business entity when authorized by
2155the state, a municipality, or a county to promote the general
2156business interests or industrial interests of the state or that
2157municipality or county.
2158     Section 56.  Subsection (2) of section 288.35, Florida
2159Statutes, is amended to read:
2160     288.35  Definitions.--The following terms, wherever used or
2161referred to in this part, shall have the following meanings:
2162     (2)  "Government agency" means the state or any county or
2163political subdivision thereof; any state agency; any
2164consolidated government of a county, and some or all of the
2165municipalities located within the said county; any chartered
2166municipality in the state; and any of the institutions of such
2167consolidated governments, counties, or municipalities.
2168Specifically included are airports, port authorities, industrial
2169authorities, and Space Florida the Florida Space Authority.
2170     Section 57.  Subsection (2) of section 288.9415, Florida
2171Statutes, is amended to read:
2172     288.9415  International Trade Grants.--
2173     (2)  A county, municipality, economic development council,
2174Space Florida the Florida Space Authority, or a not-for-profit
2175association of businesses organized to assist in the promotion
2176of international trade may apply for a grant of state funds for
2177the promotion of international trade.
2178     Section 58.  Paragraph (j) of subsection (5) of section
2179212.08, Florida Statutes, is amended to read:
2180     212.08  Sales, rental, use, consumption, distribution, and
2181storage tax; specified exemptions.--The sale at retail, the
2182rental, the use, the consumption, the distribution, and the
2183storage to be used or consumed in this state of the following
2184are hereby specifically exempt from the tax imposed by this
2185chapter.
2186     (5)  EXEMPTIONS; ACCOUNT OF USE.--
2187     (j)  Machinery and equipment used in semiconductor,
2188defense, or space technology production and research and
2189development.--
2190     1.a.  Industrial machinery and equipment used in
2191semiconductor technology facilities certified under subparagraph
21926. to manufacture, process, compound, or produce semiconductor
2193technology products for sale or for use by these facilities are
2194exempt from the tax imposed by this chapter. For purposes of
2195this paragraph, industrial machinery and equipment includes
2196molds, dies, machine tooling, other appurtenances or accessories
2197to machinery and equipment, testing equipment, test beds,
2198computers, and software, whether purchased or self-fabricated,
2199and, if self-fabricated, includes materials and labor for
2200design, fabrication, and assembly.
2201     b.  Industrial machinery and equipment used in defense or
2202space technology facilities certified under subparagraph 6. to
2203design, manufacture, assemble, process, compound, or produce
2204defense technology products or space technology products for
2205sale or for use by these facilities are exempt from 25 percent
2206of the tax imposed by this chapter.
2207     2.a.  Machinery and equipment are exempt from the tax
2208imposed by this chapter if used predominately in semiconductor
2209wafer research and development activities in a semiconductor
2210technology research and development facility certified under
2211subparagraph 6. For purposes of this paragraph, machinery and
2212equipment includes molds, dies, machine tooling, other
2213appurtenances or accessories to machinery and equipment, testing
2214equipment, test beds, computers, and software, whether purchased
2215or self-fabricated, and, if self-fabricated, includes materials
2216and labor for design, fabrication, and assembly.
2217     b.  Machinery and equipment are exempt from 25 percent of
2218the tax imposed by this chapter if used predominately in defense
2219or space research and development activities in a defense or
2220space technology research and development facility certified
2221under subparagraph 6.
2222     3.  Building materials purchased for use in manufacturing
2223or expanding clean rooms in semiconductor-manufacturing
2224facilities are exempt from the tax imposed by this chapter.
2225     4.  In addition to meeting the criteria mandated by
2226subparagraph 1., subparagraph 2., or subparagraph 3., a business
2227must be certified by the Office of Tourism, Trade, and Economic
2228Development as authorized in this paragraph in order to qualify
2229for exemption under this paragraph.
2230     5.  For items purchased tax exempt pursuant to this
2231paragraph, possession of a written certification from the
2232purchaser, certifying the purchaser's entitlement to exemption
2233pursuant to this paragraph, relieves the seller of the
2234responsibility of collecting the tax on the sale of such items,
2235and the department shall look solely to the purchaser for
2236recovery of tax if it determines that the purchaser was not
2237entitled to the exemption.
2238     6.a.  To be eligible to receive the exemption provided by
2239subparagraph 1., subparagraph 2., or subparagraph 3., a
2240qualifying business entity shall initially apply to Enterprise
2241Florida, Inc. The original certification shall be valid for a
2242period of 2 years. In lieu of submitting a new application, the
2243original certification may be renewed biennially by submitting
2244to the Office of Tourism, Trade, and Economic Development a
2245statement, certified under oath, that there has been no material
2246change in the conditions or circumstances entitling the business
2247entity to the original certification. The initial application
2248and certification renewal statement shall be developed by the
2249Office of Tourism, Trade, and Economic Development in
2250consultation with Enterprise Florida, Inc.
2251     b.  Enterprise Florida, Inc., shall review each submitted
2252initial application and information and determine whether or not
2253the application is complete within 5 working days. Once an
2254application is complete, Enterprise Florida, Inc., shall, within
225510 working days, evaluate the application and recommend approval
2256or disapproval of the application to the Office of Tourism,
2257Trade, and Economic Development.
2258     c.  Upon receipt of the initial application and
2259recommendation from Enterprise Florida, Inc., or upon receipt of
2260a certification renewal statement, the Office of Tourism, Trade,
2261and Economic Development shall certify within 5 working days
2262those applicants who are found to meet the requirements of this
2263section and notify the applicant, Enterprise Florida, Inc., and
2264the department of the original certification or certification
2265renewal. If the Office of Tourism, Trade, and Economic
2266Development finds that the applicant does not meet the
2267requirements of this section, it shall notify the applicant and
2268Enterprise Florida, Inc., within 10 working days that the
2269application for certification has been denied and the reasons
2270for denial. The Office of Tourism, Trade, and Economic
2271Development has final approval authority for certification under
2272this section.
2273     7.a.  A business may apply once each year for the
2274exemption.
2275     d.b.  The initial application and certification renewal
2276statement must indicate, for program evaluation purposes only,
2277the average number of full-time equivalent employees at the
2278facility over the preceding calendar year, the average wage and
2279benefits paid to those employees over the preceding calendar
2280year, the total investment made in real and tangible personal
2281property over the preceding calendar year, and the total value
2282of tax-exempt purchases and taxes exempted during the previous
2283year. The department shall assist the Office of Tourism, Trade,
2284and Economic Development in evaluating and verifying information
2285provided in the application for exemption.
2286     d.c.  The Office of Tourism, Trade, and Economic
2287Development may use the information reported on the initial
2288application and certification renewal statement for evaluation
2289purposes only and shall prepare an annual report on the
2290exemption program and its cost and impact. The annual report for
2291the preceding fiscal year shall be submitted to the Governor,
2292the President of the Senate, and the Speaker of the House of
2293Representatives by September 30 of each fiscal year.
2294     7.8.  A business certified to receive this exemption may
2295elect to designate one or more state universities or community
2296colleges as recipients of up to 100 percent of the amount of the
2297exemption for which they may qualify. To receive these funds,
2298the institution must agree to match the funds so earned with
2299equivalent cash, programs, services, or other in-kind support on
2300a one-to-one basis in the pursuit of research and development
2301projects as requested by the certified business. The rights to
2302any patents, royalties, or real or intellectual property must be
2303vested in the business unless otherwise agreed to by the
2304business and the university or community college.
2305     8.9.  As used in this paragraph, the term:
2306     a.  "Predominately" means at least 50 percent of the time
2307in qualifying research and development.
2308     b.  "Research and development" means basic and applied
2309research in the science or engineering, as well as the design,
2310development, and testing, of prototypes or processes of new or
2311improved products, including the design, development, and
2312testing of space launch vehicles, space flight vehicles,
2313missiles, satellites, or research payloads, avionics, and
2314associated control systems and processing systems, and
2315components of any of the foregoing. Research and development
2316does not include market research, routine consumer product
2317testing, sales research, research in the social sciences or
2318psychology, or similar nontechnological activities, or technical
2319services.
2320     c.  "Semiconductor technology products" means raw
2321semiconductor wafers or semiconductor thin films that are
2322transformed into semiconductor memory or logic wafers, including
2323wafers containing mixed memory and logic circuits; related
2324assembly and test operations; active-matrix flat panel displays;
2325semiconductor chips; semiconductor lasers; optoelectronic
2326elements; and related semiconductor technology products as
2327determined by the Office of Tourism, Trade, and Economic
2328Development.
2329     d.  "Clean rooms" means manufacturing facilities enclosed
2330in a manner that meets the clean manufacturing requirements
2331necessary for high-technology semiconductor-manufacturing
2332environments.
2333     e.  "Defense technology products" means products that have
2334a military application, including, but not limited to, weapons,
2335weapons systems, guidance systems, surveillance systems,
2336communications or information systems, munitions, aircraft,
2337vessels, or boats, or components thereof, which are intended for
2338military use and manufactured in performance of a contract with
2339the United States Department of Defense or the military branch
2340of a recognized foreign government or a subcontract thereunder
2341which relates to matters of national defense.
2342     f.  "Space technology products" means products that are
2343specifically designed or manufactured for application in space
2344activities, including, but not limited to, space launch
2345vehicles, space flight vehicles, missiles, satellites or
2346research payloads, avionics, and associated control systems and
2347processing systems and components of any of the foregoing. The
2348term does not include products that are designed or manufactured
2349for general commercial aviation or other uses even though those
2350products may also serve an incidental use in space applications.
2351     Section 59.  Section 1004.86, Florida Statutes, is created
2352to read:
2353     1004.86  Florida Center for Mathematics and Science
2354Education Research.--
2355     (1)  The Department of Education shall contract with a
2356competitively selected public or private university to create
2357and operate the Florida Center for Mathematics and Science
2358Education Research. The purpose of the center is increasing
2359student achievement in mathematics and science, with an emphasis
2360on K-12 education. The center shall:
2361     (a)  Provide technical assistance and support to school
2362districts and schools in the development and implementation of
2363mathematics and science instruction.
2364     (b)  Conduct applied research on policy and practices
2365related to mathematics and science instruction and assessment in
2366the state.
2367     (c)  Conduct or compile basic research regarding student
2368acquisition of mathematics and science knowledge and skills.
2369     (d)  Develop comprehensive course frameworks for
2370mathematics and science courses that emphasize rigor and
2371relevance at the elementary, middle, and high school levels.
2372Student achievement data should be used to aid in the
2373development of course frameworks for low-performing schools,
2374special needs students, females, and minorities.
2375     (e)  Disseminate information regarding research-based
2376teaching practices in mathematics and science to teachers and
2377teacher educators in the state.
2378     (f)  Collect, manage, and report on assessment information
2379regarding student achievement in mathematics and science. The
2380report shall include student achievement by ethnic group.
2381     (g)  Establish partnerships with public and private
2382universities, community colleges, school districts, and other
2383appropriate entities to further increase student achievement in
2384mathematics and science.
2385     (h)  Develop a comprehensive plan, with input from school
2386districts, to increase the number and percentage of females and
2387minority students enrolling in and successfully completing
2388mathematics and science courses.
2389     (2)  The department shall monitor the center through the
2390Division of K-12 Public Schools.
2391     Section 60.  Sections 331.314, 331.315, 331.367, 331.368,
2392331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
2393331.417, and 331.419, Florida Statutes, are repealed.
2394     Section 61.  No later than September 1, 2006, the Florida
2395Space Authority, the Florida Space Research Institute, and the
2396Florida Aerospace Finance Corporation shall submit articles of
2397dissolution to the Department of State in accordance with s.
2398607.1403, Florida Statutes, or s. 617.1403, Florida Statutes, as
2399applicable. The Florida Space Authority shall also comply with
2400the dissolution procedures provided s. 189.4042, Florida
2401Statutes. Space Florida, as created by this act, is the
2402successor organization to the Florida Space Authority, the
2403Florida Space Research Institute, and the Florida Aerospace
2404Finance Corporation. The Florida Space Authority, the Florida
2405Space Research Institute, and the Florida Aerospace Finance
2406Corporation shall transfer and Space Florida shall receive all
2407records, property, obligations, and unexpended balances of
2408appropriations, allocations, or other funds of the dissolved
2409entities. To ensure compliance with 26 U.S.C. 501(c)(3), Space
2410Florida shall use the assets and funds transferred to it from
2411the Florida Space Research Institute and the Florida Aerospace
2412Finance Corporation in a manner consistent with the purposes for
2413which the originating entity received such assets and funds.
2414     Section 62.  The Governor, the President of the Senate, and
2415the Speaker of the House of Representatives shall appoint the
2416board of directors of Space Florida no later than July 1, 2006.
2417The board of directors of Space Florida shall hold its first
2418meeting no later than August 1, 2006. The board of directors of
2419Space Florida shall appoint a president no later than September
24201, 2006. The Executive Office of the Governor shall provide
2421staffing and transitional support to Space Florida until
2422December 31, 2006.
2423     Section 63.  Subsection (12) is added to section 288.1224,
2424Florida Statutes, to read:
2425     288.1224  Powers and duties.--The commission:
2426     (12)  Shall advise and cooperate with Space Florida
2427regarding space tourism marketing, when appropriate and
2428beneficial.
2429     Section 64.  Subsection (7) is added to section 288.9015,
2430Florida Statutes, to read:
2431     288.9015  Enterprise Florida, Inc.; purpose; duties.--
2432     (7)  Enterprise Florida, Inc., shall enter into an
2433agreement with Space Florida to:
2434     (a)  Develop a plan to retain, expand, attract, and create
2435aerospace industry entities, public or private, which result in
2436the creation of high-value-added businesses and jobs in this
2437state.
2438     (b)  Develop a plan to assist in the financing of aerospace
2439businesses.
2440     Section 65.  Subsection (33) is added to section 334.044,
2441Florida Statutes, to read:
2442     334.044  Department; powers and duties.--The department
2443shall have the following general powers and duties:
2444     (33)  To enter into agreement with Space Florida to
2445coordinate and cooperate in the development of spaceport
2446infrastructure and related transportation facilities contained
2447in the Strategic Intermodal System Plan and, where appropriate,
2448encourage the cooperation and integration of airports and
2449spaceports in order to meet transportation-related needs.
2450     Section 66.  Subsection (12) is added to section 445.004,
2451Florida Statutes, to read:
2452     445.004  Workforce Florida, Inc.; creation; purpose;
2453membership; duties and powers.--
2454     (12)  Workforce Florida, Inc., shall enter into agreement
2455with Space Florida and collaborate with vocational institutes,
2456community colleges, colleges, and universities in this state, to
2457develop a workforce development strategy to implement the
2458workforce provisions of s. 331.3051.
2459     Section 67.  Subsection (17) is added to section 1001.10,
2460Florida Statutes, read:
2461     1001.10  Commissioner of Education; general powers and
2462duties.--The Commissioner of Education is the chief educational
2463officer of the state, and is responsible for giving full
2464assistance to the State Board of Education in enforcing
2465compliance with the mission and goals of the seamless K-20
2466education system. To facilitate innovative practices and to
2467allow local selection of educational methods, the State Board of
2468Education may authorize the commissioner to waive, upon the
2469request of a district school board, State Board of Education
2470rules that relate to district school instruction and school
2471operations, except those rules pertaining to civil rights, and
2472student health, safety, and welfare. The Commissioner of
2473Education is not authorized to grant waivers for any provisions
2474in rule pertaining to the allocation and appropriation of state
2475and local funds for public education; the election,
2476compensation, and organization of school board members and
2477superintendents; graduation and state accountability standards;
2478financial reporting requirements; reporting of out-of-field
2479teaching assignments under s. 1012.42; public meetings; public
2480records; or due process hearings governed by chapter 120. No
2481later than January 1 of each year, the commissioner shall report
2482to the Legislature and the State Board of Education all approved
2483waiver requests in the preceding year. Additionally, the
2484commissioner has the following general powers and duties:
2485     (17)  To enter into agreement with Space Florida to develop
2486innovative aerospace-related education programs that promote
2487mathematics and science education for grades K-20.
2488
2489The commissioner's office shall operate all statewide functions
2490necessary to support the State Board of Education and the K-20
2491education system, including strategic planning and budget
2492development, general administration, and assessment and
2493accountability.
2494     Section 68.  The following appropriations are made to the
2495Governor's Office of Tourism, Trade, and Economic Development:
2496     (1)  From nonrecurring general revenue for fiscal year
24972006-2007:
2498     (a)  The sum of $35 million is appropriated to be used for
2499infrastructure needs related to the development of the National
2500Aeronautics and Space Administration's Crew Exploration Vehicle.
2501     (b)  The sum of $8 million is appropriated for
2502implementation of recommendations made by the Governor's
2503Commission on the Future of Space and Aeronautics in Florida,
2504including, but not limited to, commercial launch assistance and
2505spaceport development.
2506     (2)  From recurring general revenue for fiscal year 2006-
25072007 and annually thereafter:
2508     (a)  The sum of $3 million is appropriated for operational
2509needs of Space Florida. For fiscal year 2006-2007, funds may be
2510used for operating and transition expenses of the Florida Space
2511Authority, the Florida Aerospace Finance Corporation, and the
2512Florida Space Research Institute, not to exceed an amount equal
2513to one-quarter of their fiscal year 2005-2006 appropriated
2514budgets.
2515     (b)  The sum of $4 million is appropriated for
2516implementation of innovative education programs and financing
2517assistance for aerospace business development projects.
2518     Section 69.  This act shall take effect upon becoming a
2519law.


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