HB 1489

1
A bill to be entitled
2An act relating to the state's aerospace industry;
3redesignating the "Florida Space Authority" as "Space
4Florida"; creating s. 331.3011, F.S.; providing
5legislative intent; amending s. 331.302, F.S.;
6establishing and creating Space Florida as an independent
7special district, a body politic and corporate, for
8certain purposes; providing purposes and duties and
9responsibilities of Space Florida; providing definitions;
10revising and consolidating the roles, purposes,
11responsibilities, assets, and duties of the Florida Space
12Authority as those of Space Florida; deleting authority to
13establish facilities and complementary activities;
14providing additional powers and duties of Space Florida;
15prohibiting Space Florida from endorsing political
16candidates or making campaign contributions;
17characterizing certain property as Space Florida
18territory; creating s. 331.3051, F.S.; providing
19additional powers and responsibilities of Space Florida
20relating to the state's aerospace industry; deleting
21authority to exercise eminent domain powers; requiring
22Space Florida to create a business plan and a marketing
23campaign; directing Space Florida to enter into agreements
24with the Department of Education, the Department of
25Transportation, Enterprise Florida, Inc., and Workforce
26Florida, Inc., for certain purposes; requiring Space
27Florida to coordinate its activities with federal and
28state agencies; amending s. 331.308, F.S.; replacing
29provisions providing for a board of supervisors with
30provisions providing for a board of directors of Space
31Florida; providing for designation and appointment of
32members; providing requirements of board members;
33providing for terms, removal of members, and filling of
34vacancies; providing for board meetings; specifying
35service without compensation; providing for reimbursement
36of certain expenses; providing financial disclosure
37requirements; revising powers and duties of the board;
38amending ss. 331.301, 331.303, 331.305, 331.306, 331.309,
39331.310, 331.3101, 331.311, 331.312, 331.313, 331.316,
40331.317, 331.318, 331.319, 331.320, 331.321, 331.322,
41331.323, 331.324, 331.325, 331.326, 331.327, 331.328,
42331.329, 331.331, 331.333, 331.334, 331.335, 331.336,
43331.337, 331.338, 331.339, 331.340, 331.343, 331.345,
44331.346, 331.347, 331.348, 331.349, 331.350, 331.351,
45331.354, 331.355, 331.360, and 331.369, F.S., to conform;
46amending ss. 14.2015, 74.011, 196.012, 212.02, 288.063,
47288.075, 288.35, and 288.9415, F.S., to conform; amending
48s. 212.08, F.S.; revising the exemption from the sales and
49use tax on certain machinery and equipment; creating s.
501004.86, F.S.; requiring the Department of Education to
51contract for the establishment of the Florida Center for
52Mathematics and Science Education Research at a public or
53private university; specifying requirements for the
54center; repealing s. 331.314, F.S., relating to the
55exclusive authority of the Florida Space Authority to
56regulate spaceports; repealing s. 331.315, F.S., relating
57to maintenance of projects across rights-of-way; repealing
58s. 331.367, F.S., relating to the Spaceport Management
59Council; repealing s. 331.368, F.S., relating to the
60Florida Space Research Institute; repealing ss. 331.401,
61331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
62331.417, and 331.419, F.S., relating to the Florida
63Aerospace Finance Corporation; requiring the Florida Space
64Authority, the Florida Space Research Institute, and the
65Florida Aerospace Finance Corporation to submit articles
66of dissolution to the Department of State by a specified
67date; providing that Space Florida assumes the records,
68property, and unexpended balances of appropriations,
69allocations, and other funds from the dissolved entities;
70requiring the Governor, the President of the Senate, and
71the Speaker of the House of Representatives to appoint the
72board of directors of Space Florida by a specified date;
73requiring the board of directors of Space Florida to hold
74its first meeting by a specified date; amending s.
75228.1224, F.S.; requiring the Florida Commission on
76Tourism to advise and cooperate with Space Florida under
77certain circumstances; amending ss. 288.9015, 334.044,
78445.004, and 1001.10, F.S.; requiring Enterprise Florida,
79Inc., the Department of Transportation, Workforce Florida,
80Inc., and the Commissioner of Education to enter into
81agreement with Space Florida for certain purposes;
82providing appropriations; providing an effective date.
83
84Be It Enacted by the Legislature of the State of Florida:
85
86     Section 1.  Section 331.301, Florida Statutes, is amended
87to read:
88     331.301  Short title.--This act may be cited as the "Space
89Florida Space Authority Act."
90     Section 2.  Section 331.3011, Florida Statutes, is created
91to read:
92     331.3011  Legislative findings and intent.--
93     (1)  The Legislature finds and declares that the aerospace
94industry of this state is integral to the state's long-term
95success in diversifying its economy and building a knowledge-
96based economy that is able to support the creation of high
97value-added businesses and jobs. Further, under the direction of
98Space Florida, this state has the opportunity to strengthen its
99existing leadership in civil and military aerospace activity and
100emerge as a leader in the nation's new vision for space
101exploration and commercial aerospace opportunities, including
102the integration of space, aeronautics, and aviation
103technologies. As the leading location for talent, research,
104advanced technologies and systems development, launch, and other
105aerospace-based industry activities, this state can position
106itself for sustainable economic growth and prosperity.
107     (2)  The Legislature finds that attaining this vision
108requires a strong public and private commitment to a world class
109aerospace industry. It is the intent of the Legislature that
110Space Florida will encourage the public and private sectors to
111work together to implement an aggressive strategy that enhances
112the state's workforce, education, and research capabilities,
113with emphasis on mathematics, science, engineering, and related
114fields; will focus on the state's economic development efforts
115in order to capture a larger share of activity in aerospace
116research, technology, production, and commercial operations,
117while maintaining the state's historical leadership in space
118launch activities; and will preserve the unique national role
119served by the Cape Canaveral Air Force Station and John F.
120Kennedy Space Center by reducing costs and improving the
121regulatory flexibility for commercial sector launches while
122pursuing the development of sites for commercial horizontal
123launches.
124     (3)  It is the intent of the Legislature that aerospace
125activities be highly visible and coordinated within this state.
126To that end, it is the intent of the Legislature that Space
127Florida provide a single point of contact for state aerospace-
128related activities with federal agencies, the military, state
129agencies, businesses, and the private sector.
130     Section 3.  Section 331.302, Florida Statutes, is amended
131to read:
132(Substantial rewording of section. See
133s. 331.302, F.S., for present text.)
134     331.302  Space Florida; creation; purpose.--
135     (1)  There is established, formed, and created Space
136Florida, which is created as an independent special district, a
137body politic and corporate, to foster the growth and development
138of a sustainable and world-leading aerospace industry in this
139state. Space Florida shall promote aerospace business
140development by facilitating business financing, spaceport
141operations, research and development, workforce development, and
142innovative education programs. Space Florida has all the powers,
143rights, privileges, and authority as provided under the laws of
144this state.
145     (2)  In carrying out its duties and responsibilities, Space
146Florida shall advise, coordinate, cooperate, and, when
147necessary, enter into memoranda of agreement with
148municipalities, counties, regional authorities, state agencies
149and organizations, appropriate federal agencies and
150organizations, and other interested persons and groups.
151     (3)  Space Florida may not endorse any candidate for any
152elected public office or contribute money to the campaign of any
153candidate for public office.
154     (4)  Space Florida is not an agency as defined in ss.
155216.011 and 287.012.
156     (5)  Space Florida is subject to applicable provisions of
157chapter 189. To the extent that any provisions of chapter 189
158conflict with this act, this act shall prevail.
159     Section 4.  Section 331.303, Florida Statutes, is amended
160to read:
161     331.303  Definitions.--
162     (1)  "Aerospace" means the industry that designs and
163manufactures aircraft, rockets, missiles, spacecraft,
164satellites, space vehicles, space stations, space facilities or
165components thereof, and equipment, systems, facilities,
166simulators, programs, and related activities, including, but not
167limited to, the application of aerospace technologies in air-
168based, land-based, and sea-based platforms for commercial,
169civil, and defense purposes. "Authority" means the Florida Space
170Authority created by this act.
171     (2)  "Board" or "board of directors supervisors" means the
172governing body of Space Florida the authority.
173     (3)  "Bonds" means revenue bonds, assessment bonds, or
174other bonds or obligations issued by Space Florida the authority
175for the purpose of raising financing for its projects.
176     (4)  "Business client" means any person, other than a state
177official or state employee, who receives the services of, or is
178the subject of solicitation by, representatives of Space Florida
179the authority in connection with the performance of its
180statutory duties, including purchasers or prospective purchasers
181of Space Florida authority services, persons or representatives
182of firms considering or being solicited for investment in Space
183Florida authority projects, persons or representatives of firms
184considering or being solicited for location, relocation, or
185expansion of an aerospace-related a space-related business
186within the state, and business, financial, or other persons
187connected with the aerospace space industry.
188     (5)  "Complementary activity" means any space business
189incubator, space tourism activity, educational involvement in an
190incubator, or space tourism and space-related research and
191development.
192     (6)  "Conduit bond" means any bond of the authority which
193is a nonrecourse obligation of the authority payable from the
194proceeds of such bonds and related financing agreements.
195     (5)(7)  "Cost" means all costs, fees, charges, expenses,
196and amounts associated with the development of projects by Space
197Florida the authority.
198     (6)(8)  "Entertainment expenses" means the actual,
199necessary, and reasonable costs of providing hospitality for
200business clients or guests, which costs are defined and
201prescribed by rules adopted by Space Florida the authority,
202subject to approval by the Chief Financial Officer.
203     (9)  "Federal aid" means any property, funding, or other
204financial assistance provided by the Federal Government to the
205authority for its projects.
206     (7)(10)  "Financing agreement" means a lease, lease-
207purchase agreement, lease with option to purchase, sale or
208installment sale agreement, whether title passes in whole or in
209part at any time before prior to, at, or after completion of the
210project, loan agreement, or other agreement forming the basis
211for the financing under this act, including any agreements,
212guarantees, or security instruments forming part of or related
213to providing assurance of payment of the obligations under the
214such financing agreement.
215     (8)(11)  "Guest" means a person, other than a state
216official or state employee, authorized by the board or its
217designee to receive the hospitality of Space Florida the
218authority in connection with the performance of its statutory
219duties.
220     (9)(12)  "Landing area" means the geographical area
221designated by Space Florida the authority within the spaceport
222territory for or intended for the landing and surface
223maneuvering of any launch or other space vehicle.
224     (10)(13)  "Launch pad" means any launch pad, runway,
225airstrip, or similar facility used by the spaceport or spaceport
226user for launching of space vehicles.
227     (11)(14)  "Payload" means any property or cargo to be
228transported aboard any vehicle launched by or from the
229spaceport.
230     (12)(15)  "Person" means any individual, child, community
231college, college, university, firm, association, joint venture,
232partnership, estate, trust, business trust, syndicate,
233fiduciary, corporation, nation, government (federal, state, or
234local), agency (government or other), subdivision of the state,
235municipality, county, business entity, or any other group or
236combination.
237     (13)(16)  "Project" means any activity associated with any
238development, improvement, property, launch, utility, facility,
239system, works, road, sidewalk, enterprise, service, or
240convenience, which may include coordination with federal and
241state partners or agencies Enterprise Florida, Inc., the Board
242of Education, the Florida Aerospace Finance Corporation, and the
243Florida Space Research Institute; any rocket, capsule, module,
244launch facility, assembly facility, operations or control
245facility, tracking facility, administrative facility, or any
246other type of aerospace-related space-related transportation
247vehicle, station, or facility; any type of equipment or
248instrument to be used or useful in connection with any of the
249foregoing; any type of intellectual property and intellectual
250property protection in connection with any of the foregoing
251including, without limitation, any patent, copyright, trademark,
252and service mark for, among other things, computer software; any
253water, wastewater, gas, or electric utility system, plant, or
254distribution or collection system; any small business incubator
255initiative, including any startup aerospace company, and any
256aerospace business proposing to expand or locate its business in
257this state, research and development company, research and
258development facility, education and workforce training facility,
259storage facility, and consulting service; or any tourism
260initiative, including any space experience attraction,
261microgravity flight program, aerospace launch-related space-
262launch-related activity, and space museum sponsored or promoted
263by Space Florida the authority.
264     (14)(17)  "Range" means the geographical area designated by
265Space Florida the authority or other appropriate body as the
266area for the launching of rockets, missiles, launch vehicles,
267and other vehicles designed to reach high altitude.
268     (15)(18)  "Recovery" means the recovery of space vehicles
269and payloads which have been launched from or by a the
270spaceport.
271     (16)(19)  "Spaceport" means any area of land or water, or
272any manmade object or facility located therein, developed by
273Space Florida the authority under this act, which area is
274intended for public use or for the launching, takeoff, and
275landing of spacecraft and aircraft, and includes any appurtenant
276areas which are used or intended for public use, for spaceport
277buildings, or for other spaceport facilities, spaceport
278projects, or rights-of-way.
279     (20)  "Spaceport Florida" means the authority or its
280facilities and projects.
281     (17)(21)  "Spaceport launch facilities" means shall be
282defined as industrial facilities as described in accordance with
283s. 380.0651(3)(c) and include any launch pad, launch control
284center, and fixed launch-support equipment.
285     (22)  "Spaceport system" means the programs, organizations,
286and infrastructure developed by the authority for the
287development of facilities or activities to enhance and provide
288commercial space-related development opportunities for business,
289education, and government within the state.
290     (18)(23)  "Spaceport territory" means the geographical area
291designated in s. 331.304 and as amended or changed in accordance
292with s. 331.329.
293     (19)(24)  "Spaceport user" means any person who uses the
294facilities or services of any spaceport; and, for the purposes
295of any exemptions or rights granted under this act, the said
296spaceport user shall be deemed a spaceport user only during the
297time period in which the such person has in effect a contract,
298memorandum of understanding, or agreement with the spaceport,
299and such rights and exemptions shall be granted with respect to
300transactions relating only to spaceport projects.
301     (20)(25)  "Travel expenses" means the actual, necessary,
302and reasonable costs of transportation, meals, lodging, and
303incidental expenses normally incurred by a traveler, which costs
304are defined and prescribed by rules adopted by Space Florida the
305authority, subject to approval by the Chief Financial Officer.
306     (21)(26)  "Spaceport discretionary capacity improvement
307projects" means capacity improvements that enhance space
308transportation capacity at spaceports that have had one or more
309orbital or suborbital flights during the previous calendar year
310or have an agreement in writing for installation of one or more
311regularly scheduled orbital or suborbital flights upon the
312commitment of funds for stipulated spaceport capital
313improvements.
314     Section 5.  Section 331.305, Florida Statutes, is amended
315to read:
316     331.305  Powers of Space Florida the authority.--Space
317Florida may The authority shall have the power to:
318     (1)  Exercise all powers granted to corporations under the
319Florida Business Corporation Act, chapter 607.
320     (1)(2)  Sue and be sued by its name in any court of law or
321in equity.
322     (2)(3)  Adopt and use a corporate seal and alter the same
323at pleasure.
324     (3)  Conduct its affairs, carry on its operations, and have
325offices and exercise the powers granted by this act in any
326state, territory, district, or possession of the United States
327or any foreign country.
328     (4)  Acquire, enjoy, use, and dispose of patents,
329copyrights, and trademarks and any licenses and other rights or
330interests under or in such licenses.
331     (5)  Purchase, take, receive, subscribe for, or otherwise
332acquire, own, hold, vote, use, employ, sell, mortgage, lend,
333pledge, or otherwise dispose of and otherwise use and deal in
334and with shares and other interests in, or obligations of, other
335domestic or foreign corporations, whether for profit or not for
336profit, associations, partnerships, or individuals, or direct or
337indirect obligations of the United States, or of any other
338government, state, territory, governmental district,
339municipality, or of any instrumentality of such governmental
340units.
341     (6)  Lend money for its purposes, invest and reinvest its
342funds, and take and hold real and personal property as security
343for the payment of funds loaned.
344     (7)  Have and exercise all powers necessary or convenient
345to effect any or all of the purposes for which it is organized.
346     (4)  Review and make recommendations with respect to a
347strategy to guide and facilitate the future of space-related
348educational and commercial development. The authority shall in
349coordination with the Federal Government, private industry, and
350Florida universities develop a business plan which shall address
351the expansion of Spaceport Florida locations, space launch
352capacity, spaceport projects, and complementary activities,
353which shall include, but not be limited to, a detailed analysis
354of:
355     (a)  The authority and the commercial space industry.
356     (b)  Products, services description--potential,
357technologies, skills.
358     (c)  Market research and evaluation--customers,
359competition, economics.
360     (d)  Marketing plan and strategy.
361     (e)  Design and development plan--tasks, difficulties,
362costs.
363     (f)  Manufacturing locations, facilities, and operations
364plan.
365     (g)  Management organization--roles and responsibilities.
366     (h)  Overall schedule (monthly).
367     (i)  Important risks, assumptions, and problems.
368     (j)  Community impact--economic, human development,
369community development.
370     (k)  Financial plan (monthly for first year; quarterly for
371next 3 years).
372     (l)  Proposed authority offering--financing,
373capitalization, use of funds.
374     (8)(5)  Acquire property, real, personal, intangible,
375tangible, or mixed, within or without its territorial limits, in
376fee simple or any lesser interest or estate, by purchase, gift,
377devise, or lease, on such terms and conditions as the board may
378deem necessary or desirable, and sell or otherwise dispose of
379the same and of any of the assets and properties of Space
380Florida the authority.
381     (9)(6)  Make and execute any and all contracts and other
382instruments necessary or convenient to the exercise of its
383powers, including financing agreements with persons or spaceport
384users to facilitate the financing, construction, leasing, or
385sale of any project.
386     (10)(7)  Whenever deemed necessary by the board, lease as
387lessor or lessee to or from any person, public or private, any
388facilities or property for the use of Space Florida the
389authority and carry out any of the purposes of Space Florida the
390authority.
391     (8)  Appoint, through its board of supervisors, an
392executive director.
393     (11)(9)  Own, acquire, construct, develop, create,
394reconstruct, equip, operate, maintain, extend, and improve
395launch pads, landing areas, ranges, payload assembly buildings,
396payload processing facilities, laboratories, aerospace space
397business incubators, launch vehicles, payloads, space flight
398hardware, facilities and equipment for the construction of
399payloads, space flight hardware, rockets, and other launch
400vehicles, and other spaceport facilities and other aerospace-
401related space-related systems, including educational, cultural,
402and parking facilities and aerospace-related space-related
403initiatives.
404     (10)  Undertake a program of advertising to the public
405promoting space-related businesses or any spaceport projects of
406the authority, and expend moneys and undertake such activities
407to carry out such advertising and promotional program as the
408board from time to time may determine.
409     (12)(11)  Own, acquire, construct, reconstruct, equip,
410operate, maintain, extend, or and improve transportation
411facilities appropriate to meet the transportation requirements
412of Space Florida the authority and activities conducted within
413the spaceport territory.
414     (13)(12)  Own, acquire, construct, reconstruct, equip,
415operate, maintain, extend, or and improve electric power plants,
416transmission lines and related facilities, gas mains and
417facilities of any nature for the production or distribution of
418natural gas, transmission lines and related facilities and
419plants and facilities for the generation and transmission of
420power through traditional and new and experimental sources of
421power and energy; purchase electric power, natural gas, and
422other sources of power for distribution within any spaceport
423territory; develop and operate water and sewer systems and waste
424collection and disposal consistent with chapter 88-130, Laws of
425Florida; and develop and operate such new and experimental
426public utilities, including, but not limited to, centrally
427distributed heating and air-conditioning facilities and
428services, closed-circuit television systems, and computer
429services and facilities, as the board may from time to time
430determine. However, Space Florida may the authority shall not
431construct any system, work, project, or utility authorized to be
432constructed under this paragraph in the event that a system,
433work, project, or utility of a similar character is being
434actually operated by a municipality or private company in the
435municipality or territory adjacent thereto, unless such
436municipality or private company consents to such construction.
437     (14)(13)  Designate, set aside, and maintain lands and
438areas within or without the territorial limits of any spaceport
439territory as conservation areas or bird and wildlife
440sanctuaries; stock such areas with animal and plant life and
441stock water areas with fish and other aquatic life; adopt
442pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
443rules and regulations with respect thereto and protect and
444preserve the natural beauty thereof; and do all acts necessary
445or desirable in order to qualify such lands and areas as
446conservation areas and sanctuaries under any of the laws of the
447state or under federal law.
448     (15)(14)  Establish a program for the control, abatement,
449and elimination of mosquitoes and other noxious insects,
450rodents, reptiles, and other pests throughout the spaceport
451territory and undertake such works and construct such facilities
452within or without the spaceport territory as may be determined
453by the board to be needed to effectuate such program; abate and
454suppress mosquitoes and other arthropods, whether disease-
455bearing or pestiferous, within any spaceport territory when in
456the judgment of the board such action is necessary or desirable
457for the health and welfare of the inhabitants of or visitors to
458any spaceport; and take any and all temporary or permanent
459eliminative measures that the board may deem advisable. The
460Legislature hereby finds and declares Space Florida the
461authority eligible to receive state funds, supplies, services,
462and equipment available or that may in the future become
463available to mosquito or pest control districts, the provisions
464of s. 388.021 notwithstanding.
465     (16)(15)  Subject to the rules and regulations of the
466appropriate water management district, own, acquire, construct,
467reconstruct, equip, maintain, operate, extend, and improve water
468and flood control facilities. The Legislature hereby finds and
469declares Space Florida the authority eligible to receive moneys,
470disbursements, and assistance from the state available to flood
471control or water management districts and navigation districts
472or agencies.
473     (17)(16)  Own, acquire, construct, reconstruct, equip,
474maintain, operate, extend, and improve public safety facilities
475for the spaceport, including security stations, security
476vehicles, fire stations, water mains and plugs, and fire trucks
477and other vehicles and equipment; hire employees, security
478officers, and firefighters; and undertake such works and
479construct such facilities determined by the board to be
480necessary or desirable to promote and ensure public safety
481within the spaceport territory.
482     (18)(17)  Hire, through its president executive director, a
483safety officer with substantial experience in public safety
484procedures and programs for space vehicle launching and related
485hazardous operations. The safety officer shall monitor and
486report on the safety and hazards of ground-based space
487operations to the president executive director.
488     (18)  Establish a personnel management system for hiring
489employees and setting employee benefit packages. The personnel
490of the authority shall not be considered to be within the state
491employment system.
492     (19)  Establish procedures, rules, and rates governing per
493diem and travel expenses of its employees, the members of the
494board of supervisors, and other persons authorized by the board
495to incur such expenses. Except as otherwise provided in s.
496331.3101, such rules are subject to provisions of state law or
497rules pertaining to per diem and travel expenses of public
498officers, employees, or other persons authorized by an agency
499head to incur such expenses.
500     (19)(20)  Examine, develop, and use utilize new concepts,
501designs, and ideas; own, acquire, construct, reconstruct, equip,
502operate, maintain, extend, and improve experimental spaceport
503facilities and services; and otherwise undertake, sponsor,
504finance, and maintain such research activities, experimentation,
505and development as the board may from time to time determine, in
506connection with any of the projects that Space Florida the
507authority is authorized to undertake pursuant to the powers and
508authority vested in it by this act, and in order to promote the
509development and utilization of new concepts, designs, and ideas
510in the fields of space exploration, commercialization of the
511space industry, and spaceport facilities.
512     (20)(21)  Issue revenue bonds, assessment bonds, or any
513other bonds or obligations authorized by the provisions of this
514act or any other law, or any combination of the foregoing, and
515pay all or part of the cost of the acquisition, construction,
516reconstruction, extension, repair, improvement, or maintenance
517of any project or combination of projects, including payloads
518and space flight hardware, and equipment for research,
519development, and educational activities, to provide for any
520facility, service, or other activity of Space Florida the
521authority, and provide for the retirement or refunding of any
522bonds or obligations of Space Florida the authority, or for any
523combination of the foregoing purposes. Space Florida The
524authority must provide 14 days' notice to the presiding officers
525and appropriations chairs of both houses of the Legislature
526prior to presenting a bond proposal to the Governor and Cabinet.
527If either presiding officer or appropriations chair objects to
528the bonding proposal within the 14-day-notice period, the bond
529issuance may be approved only by a vote of three-fourths two-
530thirds of the members of the Governor and Cabinet.
531     (21)(22)  Make expenditures for entertainment and travel
532expenses and business clients, guests, and other authorized
533persons as provided in this act.
534     (22)(23)  In connection with any financing agreement, fix
535and collect fees, loan payments, rental payments, and other
536charges for the use of any project in such amount as to provide
537sufficient moneys to pay the principal of and interest on bonds
538as the same shall become due and payable, if so provided in the
539bond resolution or trust agreement, and to create reserves for
540such purposes. The fees, rents, payments, and charges and all
541other revenues and proceeds derived from the project in
542connection with which the bonds of any issue shall have been
543issued, except such part thereof as may be necessary for such
544reserves or any expenditures as may be provided in the
545resolution authorizing the issuance of the bonds or in the trust
546agreement securing the same, shall be set aside, at the time as
547may be specified in the resolution or trust agreement, in a
548sinking fund which may be pledged to and charged with the
549payment of the principal of and the interest on such bonds as
550the same shall become due and the redemption price or the
551purchase price of bonds retired by call or purchase as therein
552provided. Such pledge is shall be valid and binding from the
553time the pledge is made. The fees, rents, charges, and other
554revenues and moneys so pledged and thereafter received by or on
555behalf of Space Florida the authority shall immediately be
556subject to the lien of any such pledge without any physical
557delivery thereof or further act, and the lien of any such pledge
558is shall be valid and binding as against all parties having
559claims of any kind in tort, contract, or otherwise against Space
560Florida the authority, irrespective of whether such parties have
561notice thereof. Neither the resolution nor any trust agreement
562by which a pledge is created need be filed or recorded, except
563in the records of Space Florida the authority. The use and
564disposition of money to the credit of the sinking fund shall be
565subject to the provisions of the resolution authorizing the
566issuance of such bonds or the provisions of such trust
567agreement.
568     (24)  Exercise the right and power of eminent domain in
569spaceport territory as defined in s. 331.304. In exercising such
570power, the authority shall comply with the procedures and
571requirements of chapters 73 and 74.
572     Section 6.  Section 331.3051, Florida Statutes, is created
573to read:
574     331.3051  Duties of Space Florida.--Space Florida shall:
575     (1)  Create a business plan to foster the growth and
576development of the aerospace industry. The business plan must
577address business development; finance; spaceport operations;
578research and development; workforce development; and education.
579The business plan must be completed by March 1, 2007, and be
580revised when determined as necessary by the board.
581     (2)  Enter into agreement with the Department of Education,
582the Department of Transportation, Enterprise Florida, Inc., and
583Workforce Florida, Inc., for the purpose of implementing this
584act.
585     (3)  In cooperation with Enterprise Florida, Inc., develop
586a plan to retain, expand, attract, and create aerospace industry
587entities, public or private, which results in the creation of
588high-value-added businesses and jobs in this state.
589     (4)  Create a marketing campaign to help attract, develop,
590and retain aerospace businesses, aerospace research and
591technology, and other related activities in this state. Space
592Florida shall attempt to coordinate the campaign with existing
593economic-development-promotion efforts in this state and may use
594private resources. Marketing strategies may include developing
595promotional materials, Internet and print advertising, public
596relations and media placement, trade show attendance, and other
597activities.
598     (5)  Consult with the Florida Commission on Tourism in
599developing a space tourism marketing plan. Space Florida and the
600Florida Commission on Tourism may enter into a mutually
601beneficial agreement that provides funding to the commission for
602its services to implement this subsection.
603     (6)  Develop, in cooperation with Enterprise Florida, Inc.,
604a plan to provide financing assistance to aerospace businesses.
605The plan may include the following activities:
606     (a)  Assembling, publishing, and disseminating information
607concerning financing opportunities and techniques for aerospace
608projects, programs, and activities; sources of public and
609private aerospace financing assistance; and sources of
610aerospace-related financing.
611     (b)  Organizing, hosting, and participating in seminars and
612other forums designed to disseminate information and technical
613assistance regarding aerospace-related financing.
614     (c)  Coordinating with programs and goals of the Department
615of Defense, the National Aeronautics and Space Administration,
616the Export-Import Bank of the United States, the International
617Trade Administration of the United States Department of
618Commerce, the Foreign Credit Insurance Association, and other
619private and public programs and organizations, domestic and
620foreign.
621     (d)  Establishing a network of contacts among those
622domestic and foreign public and private organizations that
623provide information, technical assistance, and financial support
624to the aerospace industry.
625     (e)  Financing aerospace business development projects or
626initiatives using funds provided by the Legislature.
627     (7)  Carry out its responsibilities for spaceport
628operations by:
629     (a)  Seeking federal support and developing partnerships to
630renew and upgrade the infrastructure and technologies at the
631Cape Canaveral Air Force Station, the John F. Kennedy Space
632Center, and the Eastern Range that will enhance space and
633military programs of the Federal Government, and improve access
634for commercial launch activities.
635     (b)  Supporting federal efforts to clarify roles and
636responsibilities of federal agencies and eliminate duplicative
637federal rules and policies, in an effort to streamline access
638for commercial launch users.
639     (c)  Pursuing the development of commercial spaceports in
640the state, in addition to those defined in s. 331.304, through a
641competitive request for proposals in partnership with counties
642or municipalities, the Federal Government, or private entities.
643     (d)  Promoting and facilitating launch activity within the
644state by supporting and assisting commercial launch operators in
645completing and submitting required documentation and gaining
646approvals and authorization from the required federal agencies
647for launching from Florida.
648     (e)  Consulting, as necessary, with the appropriate
649federal, state, and local authorities, including the National
650Aeronautics and Space Administration, the Federal Aviation
651Administration, the Department of Defense, the Department of
652Transportation, the Florida National Guard, and industry on all
653aspects of establishing and operating spaceport infrastructure
654and related facilities within the state.
655     (8)  Carry out its responsibility for research and
656development by:
657     (a)  Contracting for the operations of the state's Space
658Life Sciences Laboratory.
659     (b)  Working in collaboration with one or more public or
660private universities and other public or private entities to
661develop a proposal for a Center of Excellence for Aerospace that
662will foster and promote the research necessary to develop
663commercially promising, advanced, and innovative science and
664technology and will transfer those discoveries to the commercial
665sector.
666     (9)  Carry out its responsibility for workforce development
667by coordinating with Workforce Florida, Inc., community
668colleges, colleges, public and private universities, and other
669public and private partners to develop a plan to retain, train,
670and retrain workers, from entry-level skills training through to
671technician-level, and 4-year degrees and higher, with the skills
672most relevant to aerospace employers.
673     (10)  Carry out its responsibility for creating innovative
674education programs by funding programs developed in conjunction
675with the Department of Education that target grades K-20 in an
676effort to promote mathematics and science education programs,
677which may include the Florida-NASA Matching Grant Program,
678aerospace-focused education programs for teachers, education-
679oriented microgravity flight programs for teachers and students,
680and Internet-based aerospace education. Funds appropriated and
681any in-kind or private-sector contributions may be used to carry
682out innovative education programs. Funding levels shall be
683determined by the Space Florida board of directors. In its
684annual report, Space Florida shall include, at a minimum, a
685description of programs funded, the number of students served,
686and private-sector support.
687     (11)  Annually report on its performance with respect to
688its business plan, to include finance, spaceport operations,
689research and development, workforce development, and education.
690The report shall be submitted to the Governor, the President of
691the Senate, and the Speaker of the House of Representatives no
692later than September 1 for the prior fiscal year.
693     Section 7.  Section 331.306, Florida Statutes, is amended
694to read:
695     331.306  Federal airspace notification.--In accordance
696coordination with Federal Aviation Administration procedures the
697Florida Department of Transportation, Space Florida the
698authority shall develop and file the appropriate federal
699airspace notification to activate special-use airspace in
700support of its launch operations required for priority airspace
701use.
702     Section 8.  Section 331.308, Florida Statutes, is amended
703to read:
704     331.308  Board of directors supervisors.--
705     (1)  Space Florida shall be governed by a board of
706directors. Designees of appointed members do not have voting
707authority. The board of directors shall consist of the following
708members:
709     (a)  The Governor.
710     (b)  The Secretary of Transportation or the secretary's
711designee.
712     (c)  The president of Workforce Florida, Inc., or the
713president's designee.
714     (d)  The president of Enterprise Florida, Inc., or the
715president's designee.
716     (e)  The Commissioner of Education or the commissioner's
717designee.
718     (f)  Twelve members from the private sector, one of whom
719shall be a representative of organized labor with professional
720experience in the aerospace industry, appointed by the Governor.
721In making these appointments, the Governor shall ensure that the
722composition of the board reflects the diversity of the aerospace
723industry community of this state and, to the greatest degree
724possible, that the composition of the board includes, but is not
725limited to, at least one individual from each of the industries
726of business, finance, marketing, space, aerospace, aviation,
727defense, research and development, and education. The Governor
728shall also consider whether the current members of the board,
729together with potential appointees, reflect the racial, ethnic,
730and gender diversity, as well as the geographic distribution, of
731the population of the state.
732     (g)  Two ex officio, nonvoting members, one of whom shall
733be a member of the Senate, selected by the President of the
734Senate, and one of whom shall be a member of the House of
735Representatives, selected by the Speaker of the House of
736Representatives.
737     (2)(a)  Vacancies on the board shall be filled for the
738unexpired term in the same manner as the original appointments
739to the board.
740     (b)  Each member of the board of directors shall serve for
741a term of 4 years, except that the initial terms shall be
742staggered.
743     1.  The Governor shall appoint two members for a 1-year
744term, four members for 2-year terms, and six members for 4-year
745terms.
746     2.  The appointments made by the President of the Senate
747and the Speaker of the House of Representatives shall be for 2-
748year terms.
749     (c)  Any member is eligible for reappointment.
750     (3)  Appointed members may be removed by the Governor for
751cause. Absence from three consecutive meetings without good
752cause shall result in automatic removal by the Governor.
753     (4)  All private sector members are subject to confirmation
754by the Senate at the next regular session of the Legislature.
755     (5)  The Governor shall serve as chair of the board of
756directors. The board of directors shall biennially elect one of
757its private sector members as vice chair to serve in the absence
758of the Governor and to perform such other duties as may be
759designated. The president shall keep a record of the proceedings
760of the board of directors and shall be the custodian of all
761books, documents, and papers filed with the board of directors,
762the minutes of the board of directors, and the official seal of
763Space Florida.
764     (6)  The board of directors shall meet at least four times
765each year, upon the call of the chair, at the request of the
766vice chair, or at the request of a majority of the membership. A
767majority of the total number of current voting directors shall
768constitute a quorum. The board of directors may take official
769action by a majority vote of the members present at any meeting
770at which a quorum is present.
771     (7)  Members of the board of directors shall serve without
772compensation, but members, the president, and staff may be
773reimbursed for all reasonable, necessary, and actual expenses,
774as determined by the board of directors of Space Florida
775pursuant to s. 112.061.
776     (8)  Each member of the board of directors of Space Florida
777who is not otherwise required to file financial disclosure
778pursuant to s. 8, Art. II of the State Constitution or s.
779112.3144, shall file disclosure of financial interests pursuant
780to s. 112.3145. There is created within the Florida Space
781Authority a board of supervisors consisting of eight regular
782members, who shall be appointed by the Governor, and two ex
783officio nonvoting members, one of whom shall be a state senator
784selected by the President of the Senate and one of whom shall be
785a state representative selected by the Speaker of the House of
786Representatives. The Lieutenant Governor, who is the state's
787space policy leader, shall serve as chair of the board of
788supervisors, and shall cast the deciding vote if the votes of
789the eight regular members result in a tie. The board shall elect
790a vice chair to preside in the absence of the Lieutenant
791Governor and to perform such other duties as may be designated.
792All regular members shall be subject to confirmation by the
793Senate at the next regular session of the Legislature. Existing
794board members are not prohibited from reappointment. Each of the
795regular board members must be a resident of the state and must
796have experience in the aerospace or commercial space industry or
797in finance or have other significant relevant experience. A
798private sector legal entity may not have more than one person
799serving on the board at any one time. One regular member shall
800represent organized labor interests, one regular member shall
801represent minority interests, and four regular members must
802represent space industry, at least one of whom must also be from
803a small business, as defined in s. 288.703. For the purpose of
804this section, "space industry" includes private sector entities
805engaged in space flight business, as defined in s. 212.031,
806research and technology development of space-based products and
807services, space station commercialization, development of
808spaceport and range technology, remote sensing products and
809services, space biotechnology, measurement and calibration of
810space assets, space-related software and information technology
811development, design and architecture of space-based assets and
812facilities for manufacturing and other purposes, space-related
813nanotechnology, space tourism, and other commercial enterprises
814utilizing uniquely space-based capabilities.
815     (2)  Each regular member shall serve a term of 4 years or
816until a successor is appointed and qualified. The term of each
817such member shall be construed to commence on the date of
818appointment and to terminate on June 30 of the year of the end
819of the term. Appointment to the board shall not preclude any
820such member from holding any other private or public position.
821     (3)  The ex officio nonvoting legislative members shall
822serve on the board for 2-year terms.
823     (4)  Any vacancy on the board shall be filled for the
824balance of the unexpired term.
825     (5)  The board shall appoint an executive director.
826Meetings shall be held quarterly or more frequently at the call
827of the chair. A majority of the regular members of the board
828shall constitute a quorum, and a majority vote of such members
829present is necessary for any action taken by the board.
830     (6)  The Governor has the authority to remove from the
831board any regular member in the manner and for cause as defined
832by the laws of this state and applicable to situations that may
833arise before the board. Unless excused by the chair of the
834board, a regular member's absence from two or more consecutive
835board meetings creates a vacancy in the office to which the
836member was appointed.
837     Section 9.  Section 331.309, Florida Statutes, is amended
838to read:
839     331.309  Treasurer; depositories; fiscal agent.--
840     (1)  The board shall designate an individual who is a
841resident of the state, or a qualified public depository as
842defined in s. 280.02, as treasurer of Space Florida the
843authority, who shall have charge of the funds of Space Florida
844the authority. Such funds shall be disbursed only upon the order
845of or pursuant to the resolution of the board by warrant, check,
846authorization, or direct deposit pursuant to s. 215.85, signed
847or authorized by the treasurer or his or her representative or
848by such other persons as may be authorized by the board. The
849board may give the treasurer such other or additional powers and
850duties as the board may deem appropriate and shall establish the
851treasurer's compensation. The board may require the treasurer to
852give a bond in such amount, on such terms, and with such
853sureties as may be deemed satisfactory to the board to secure
854the performance by the treasurer of his or her powers and
855duties. The board shall audit or have audited the books of the
856treasurer at least once a year.
857     (2)  The board is authorized to select as depositories in
858which the funds of the board and of Space Florida the authority
859shall be deposited any qualified public depository as defined in
860s. 280.02, upon such terms and conditions as to the payment of
861interest by such depository upon the funds so deposited as the
862board may deem just and reasonable. Funds of the authority may
863also be deposited with the Florida Commercial Space Financing
864Corporation created by s. 331.407. The funds of Space Florida
865the authority may be kept in or removed from the State Treasury
866upon written notification from the chair of the board to the
867Chief Financial Officer.
868     (3)  The board may employ a fiscal agent, who shall be
869either a resident of the state or a corporation organized under
870the laws of this or any other state and authorized by such laws
871to act as such fiscal agent in the state.
872     Section 10.  Section 331.310, Florida Statutes, is amended
873to read:
874     331.310  Powers and duties of the board of directors
875supervisors.--Except as otherwise provided in this act, all of
876the powers and duties of the authority shall be exercised by and
877through the board of supervisors, including the power and duty
878to:
879     (1)  The board of directors may: Adopt bylaws, rules,
880resolutions, and orders prescribing the powers, duties, and
881functions of the officers of the authority, the conduct of the
882business of the authority, the maintenance of records, and the
883form of all documents and records of the authority. The board
884may adopt administrative rules and regulations with respect to
885any of the projects of the authority, with notice and public
886hearing.
887     (2)  Maintain an executive office and authority offices in
888close proximity to Kennedy Space Center.
889     (a)(3)  Enter, and authorize any agent or employee of Space
890Florida the authority to enter, upon any lands, waters, and
891premises, upon giving reasonable notice and due process to the
892land owner, for the purposes of making surveys, soundings,
893drillings, appraisals, and examinations necessary to perform its
894duties and functions. Any such entry shall not be deemed a
895trespass or an entry that would constitute a taking in an
896eminent domain proceeding. Space Florida The authority shall
897make reimbursement for any actual damages to such lands, waters,
898and premises as a result of such activity.
899     (b)(4)  Execute all contracts and other documents, adopt
900all proceedings, and perform all acts determined by the board to
901be necessary or desirable to carry out the purposes of this act.
902The board may authorize one or more members of the board to
903execute contracts and other documents on behalf of the board or
904Space Florida the authority.
905     (c)(5)  Establish and create such departments, committees,
906or other entities agencies as from time to time the board may
907deem necessary or desirable in the performance of any acts or
908other things necessary to the exercise of the powers provided in
909this act, and delegate to such departments, boards, or other
910entities agencies such administrative duties and other powers as
911the board may deem necessary or desirable.
912     (d)  Provide financial services to support aerospace-
913related business development within the state. Financial
914services may include, but are not limited to, insuring,
915coinsuring, or originating for sale direct aerospace-related
916loans; direct lending; guaranteeing and collateralizing loans;
917creating accounts; capitalizing, underwriting, leasing, selling,
918or securing funding for aerospace-related infrastructure;
919investing in permissible securities; organizing financial
920institutions and international bank syndicates; and acquiring,
921accepting, or administering grants, contracts, and fees from
922other organizations to perform activities that are consistent
923with the purposes of Space Florida's business plan. If the board
924deems a financial services entity is necessary, the board may
925create, form, or contract with one or more such entities.
926     (6)  Appoint a person to act as executive director of the
927authority, having such official title, functions, duties,
928powers, and salary as the board may prescribe.
929     (e)(7)  Examine, and authorize any officer or agent of
930Space Florida the authority to examine, the county tax rolls
931with respect to the assessed valuation of the real and personal
932property within any spaceport territory.
933     (f)(8)  Engage in the planning and implementation of space-
934related economic and educational development within the state.
935     (g)  Provide the strategic direction for the aerospace-
936related research priorities of the state and its aerospace-
937related businesses.
938     (h)(9)  Execute intergovernmental agreements and
939development agreements consistent with prevailing statutory
940provisions, including, but not limited to, special benefits or
941tax increment financing initiatives.
942     (i)(10)  Establish reserve funds for future board
943operations.
944     (j)(11)  Adopt rules pursuant to chapter 120 to carry out
945the purposes of this act.
946     (2)  The board of directors shall:
947     (a)  Adopt rules and orders to conduct the business of
948Space Florida, the maintenance of records, and the form of all
949documents and records of Space Florida. The board may adopt
950rules with respect to any of the projects of Space Florida with
951notice and a public hearing.
952     (b)  Maintain an executive office and Space Florida offices
953in close proximity to the John F. Kennedy Space Center.
954     (c)  Appoint a person to act as the president of Space
955Florida, having such official title, functions, duties, powers,
956and salary as the board may prescribe.
957     (d)(12)  Abide by all applicable federal labor laws in the
958construction and day-to-day operations of Space Florida the
959authority and any spaceport. Further, the board shall establish,
960by rule and regulation, pursuant to chapter 120, policies and
961procedures for the construction and operation of Space Florida
962the authority and any spaceport. The Said policies and
963procedures shall be such that when Space Florida the authority
964expends federal funds for construction or operation of any
965spaceport project, Space Florida the authority will be subject
966to the federal labor laws observed at the John F. Kennedy Space
967Center and Cape Canaveral Air Force Station, Florida, applicable
968as a result of such federal expenditures.
969     (e)(13)  Prepare an annual report of operations. The Said
970report shall include, but not be limited to, a balance sheet, an
971income statement, a statement of changes in financial position,
972a reconciliation of changes in equity accounts, a summary of
973significant accounting principles, the auditor's report, a
974summary of the status of existing and proposed bonding projects,
975comments from management about the year's business, and
976prospects for the next year, which shall be submitted each year
977by November 30 to the Governor, the President of the Senate, the
978Speaker of the House of Representatives, the minority leader of
979the Senate, and the minority leader of the House of
980Representatives.
981     (f)  Establish a personnel management system.
982     (14)  Change the name of the authority.
983     Section 11.  Section 331.3101, Florida Statutes, is amended
984to read:
985     331.3101  Space Florida Space Authority; travel and
986entertainment expenses.--
987     (1)  Notwithstanding the provisions of s. 112.061, Space
988Florida the authority shall adopt rules by which it may make
989expenditures by advancement or reimbursement, or a combination
990thereof, to Space Florida authority officers and employees;
991reimburse business clients, guests, and authorized persons as
992defined in s. 112.061(2)(e); and make direct payments to third-
993party vendors:
994     (a)  For travel expenses of such business clients, guests,
995and authorized persons incurred by Space Florida the authority
996in connection with the performance of its statutory duties, and
997for travel expenses incurred by state officials and state
998employees while accompanying such business clients, guests, or
999authorized persons or when authorized by the board or its
1000designee.
1001     (b)  For entertainment expenses of such guests, business
1002clients, and authorized persons incurred by Space Florida the
1003authority in connection with the performance of its statutory
1004duties, and for entertainment expenses incurred for Space
1005Florida authority officials and employees when such expenses are
1006incurred while in the physical presence of such business
1007clients, guests, or authorized persons.
1008     (2)  The rules shall be subject to approval by the Chief
1009Financial Officer before adoption prior to promulgation. The
1010rules shall require the submission of paid receipts, or other
1011proof prescribed by the Chief Financial Officer, with any claim
1012for reimbursement, and shall require, as a condition for any
1013advancement, an agreement to submit paid receipts or other proof
1014and to refund any unused portion of the advancement within 15
1015days after the expense is incurred or, if the advancement is
1016made in connection with travel, within 15 days after completion
1017of the travel. However, with respect to an advancement made
1018solely for travel expenses, the rules may allow paid receipts or
1019other proof to be submitted, and any unused portion of the
1020advancement to be refunded, within 30 days after completion of
1021the travel.
1022     (3)  An annual report shall be made to the Legislature not
1023later than November 30 of each year for the previous fiscal
1024year, which shall consist of a synopsis concisely summarizing
1025all travel, entertainment, and incidental expenses incurred
1026within the United States and, separately, all travel,
1027entertainment, and incidental expenses incurred outside the
1028United States.
1029     (4)  A No claim submitted under this section is not shall
1030be required to be sworn to before a notary public or other
1031officer authorized to administer oaths, but any claim authorized
1032or required to be made under any provision of this section must
1033shall contain a statement that the expenses were actually
1034incurred as necessary travel or entertainment expenses in the
1035performance of official duties of Space Florida the authority
1036and shall be verified by written declaration that it is true and
1037correct as to every material matter. Any person who willfully
1038makes and subscribes to any such claim which the person does not
1039believe to be true and correct as to every material matter or
1040who willfully aids or assists in, or procures, counsels, or
1041advises, the preparation or presentation of a claim pursuant to
1042this section, which claim is fraudulent or false as to any
1043material matter, whether or not such falsity or fraud is with
1044the knowledge or consent of the person authorized or required to
1045present such claim, commits a misdemeanor of the second degree,
1046punishable as provided in s. 775.082 or s. 775.083. Whoever
1047receives an advancement or reimbursement by means of a false
1048claim is civilly liable, in the amount of the overpayment, for
1049the reimbursement of the public fund from which the claim was
1050paid.
1051     Section 12.  Section 331.311, Florida Statutes, is amended
1052to read:
1053     331.311  Exercise by Space Florida authority of its powers
1054within municipalities and other political subdivisions.--Space
1055Florida may The authority shall have the power to exercise any
1056of its rights, powers, privileges, and authority in any and all
1057portions of any spaceport territory lying within the boundaries
1058of any municipal corporation or other political subdivision,
1059heretofore or hereafter created or organized, whose boundaries
1060lie wholly or partly within the geographical limits of the
1061spaceport territory, to the same extent and in the same manner
1062as in areas of the spaceport territory not incorporated as part
1063of a municipality or other political subdivision. With respect
1064to any municipal corporation or other political subdivision
1065whose boundaries lie partly within and partly without the
1066geographical limits of the spaceport territory, Space Florida
1067may the authority shall have the power to exercise its rights,
1068powers, privileges, and authority only within the portion of the
1069such municipal corporation or other political subdivision lying
1070within the boundaries of the spaceport territory.
1071     Section 13.  Section 331.312, Florida Statutes, is amended
1072to read:
1073     331.312  Furnishing facilities and services within the
1074spaceport territory.--Space Florida may The authority shall have
1075the power to construct, develop, create, maintain, and operate
1076its projects within the geographical limits of the spaceport
1077territory, including any portions of the spaceport territory
1078located inside the boundaries of any incorporated municipality
1079or other political subdivision, and to offer, supply, and
1080furnish the facilities and services provided for in this act to,
1081and to establish and collect fees, rentals, and other charges
1082from, persons, public or private, within the geographical limits
1083of the spaceport territory and for the use of Space Florida the
1084authority itself.
1085     Section 14.  Section 331.313, Florida Statutes, is amended
1086to read:
1087     331.313  Power of Space Florida the authority with respect
1088to roads.--Within the territorial limits of any spaceport
1089territory, Space Florida may the authority has the right to
1090acquire, through purchase or interagency agreement, or as
1091otherwise provided in law, and to construct, control, and
1092maintain, roads deemed necessary by Space Florida the authority
1093and connections thereto and extensions thereof now or hereafter
1094acquired, constructed, or maintained in accordance with
1095established highway safety standards; provided that, in the
1096event a road being addressed by Space Florida the authority is
1097owned by another agency or jurisdiction, Space Florida the
1098authority, before prior to proceeding with the proposed project
1099or work activity, shall have either coordinated the desired work
1100with the owning agency or jurisdiction or shall have
1101successfully executed an interagency agreement with the owning
1102agency or jurisdiction.
1103     Section 15.  Section 331.316, Florida Statutes, is amended
1104to read:
1105     331.316  Rates, fees, rentals, tolls, fares, and charges;
1106procedure for adoption and modification; minimum revenue
1107requirements.--
1108     (1)  To recover the costs of the spaceport facility or
1109system, Space Florida may the authority shall have the power to
1110prescribe, fix, establish, and collect rates, fees, rentals,
1111tolls, fares, or other charges (hereinafter referred to as
1112"revenues"), and to revise the same from time to time, for the
1113facilities and services furnished or to be furnished by Space
1114Florida the authority and the spaceport, including, but not
1115limited to, launch pads, ranges, payload assembly and processing
1116facilities, visitor and tourist facilities, transportation
1117facilities, and parking and other related facilities, and may
1118shall have the power to provide for reasonable penalties against
1119any user or property for any such rates, fees, rentals, tolls,
1120fares, or other charges that are delinquent.
1121     (2)  The board may shall have the power to enter into
1122contracts for the use of the projects of Space Florida the
1123authority and for the services and facilities furnished or to be
1124furnished by Space Florida the authority, including, but not
1125limited to, launch services, payload assembly and processing,
1126and other aerospace-related space-related services, for such
1127consideration and on such other terms and conditions as the
1128board may approve. Such contracts, and revenues or service
1129charges received or to be received by Space Florida the
1130authority thereunder, may be pledged as security for any of the
1131bonds of Space Florida the authority.
1132     Section 16.  Section 331.317, Florida Statutes, is amended
1133to read:
1134     331.317  Recovery of delinquent charges.--In the event that
1135any of the rates, fees, rentals, tolls, fares, other charges, or
1136delinquent penalties shall not be paid as and when due and shall
1137be in default for 30 days or more, the unpaid balance thereof
1138and all interest accrued thereon, together with attorney's fees
1139and costs, may be recovered by Space Florida the authority in a
1140civil action.
1141     Section 17.  Section 331.318, Florida Statutes, is amended
1142to read:
1143     331.318  Discontinuance of service.--In the event that the
1144rates, fees, rentals, tolls, fares, or other charges for the
1145services and facilities of any project are not paid when due,
1146the board may shall have the power to discontinue and shut off
1147the same until such rates, fees, rentals, tolls, fares, or other
1148charges, including interest, penalties, and charges for the
1149shutting off and discontinuance and the restoration of such
1150services and facilities, are fully paid. Such delinquent rates,
1151fees, rentals, tolls, fares, or other charges, together with
1152interest, penalties, and charges for the shutting off and
1153discontinuance and the restoration of such services and
1154facilities, and reasonable attorney's fees and other expenses,
1155may be recovered by Space Florida the authority by suit in any
1156court of competent jurisdiction. Space Florida The authority may
1157also enforce payment of such delinquent rates, fees, rentals,
1158tolls, fares, or other charges by any other lawful method of
1159enforcement.
1160     Section 18.  Section 331.319, Florida Statutes, is amended
1161to read:
1162     331.319  Comprehensive planning; building and safety
1163codes.--The board of directors may supervisors shall have the
1164power to:
1165     (1)  Adopt, and from time to time review, amend,
1166supplement, or repeal, a comprehensive general plan for the
1167physical development of the area within the spaceport territory
1168in accordance with the objectives and purposes of this act and
1169consistent with the comprehensive plans of the applicable county
1170or counties and municipality or municipalities adopted pursuant
1171to the Local Government Comprehensive Planning and Land
1172Development Regulation Act, part II of chapter 163.
1173     (2)  Prohibit within the spaceport territory the
1174construction, alteration, repair, removal, or demolition, or the
1175commencement of the construction, alteration, repair (except
1176emergency repairs), removal, or demolition, of any building or
1177structure, including, but not by way of limitation, public
1178utility poles, lines, pipes, and facilities, without first
1179obtaining a permit from the board or such other officer or
1180agency as the board may designate, and to prescribe the
1181procedure with respect to the obtaining of such permit.
1182     Section 19.  Section 331.320, Florida Statutes, is amended
1183to read:
1184     331.320  Additional powers of board.--The board of
1185directors may shall have the power within any spaceport
1186territory to:
1187     (1)  Adopt regulations to prohibit or control the pollution
1188of air and water, and require certain location and placement of
1189electrical power, telephone, and other utility lines, cables,
1190pipes, and ducts.
1191     (2)  Divide the spaceport territory into zones or districts
1192of such number, shape, and area as the board may deem best
1193suited to carry out the purposes of this act, and within and for
1194each such district make regulations and restrictions as provided
1195for in subsection (1).
1196     Section 20.  Section 331.321, Florida Statutes, is amended
1197to read:
1198     331.321  Federal and other funds and aid.--Space Florida
1199may The authority is authorized to accept, receive, and receipt
1200for federal moneys, property, and other moneys or properties,
1201either public or private, for the acquisition, planning,
1202operation, construction, enlargement, improvement, maintenance,
1203equipment, or development of programs, facilities, and sites
1204therefor, and to comply with the provisions of the laws of the
1205United States and any rules and regulations made thereunder for
1206the expenditure of federal moneys.
1207     Section 21.  Section 331.322, Florida Statutes, is amended
1208to read:
1209     331.322  Agreements with municipalities within any
1210spaceport territory.--The board of directors and the governing
1211body or bodies of any one or more municipalities located wholly
1212or partly within any spaceport territory, whether now in
1213existence or hereafter created, may are authorized to enter into
1214and carry into effect contracts and agreements relating to the
1215common powers, duties, and functions of the board and other
1216officers, agents, and employees of Space Florida the authority,
1217and the respective governing body or bodies of one or more such
1218municipalities, and their respective officers, agents, and
1219employees, to the end that there may be effective cooperation
1220between and coordination of the efforts of such municipality or
1221municipalities and Space Florida the authority in discharging
1222their common functions, powers, and duties and in rendering
1223services to the respective residents and property owners of such
1224municipality or municipalities and Space Florida the authority.
1225The board and the governing body or bodies of one or more such
1226municipalities are further authorized to enter into and carry
1227into effect contracts and agreements for the performance of any
1228of their common functions, powers, and duties by a central
1229agency or common agent of the contracting parties.
1230     Section 22.  Section 331.323, Florida Statutes, is amended
1231to read:
1232     331.323  Cooperative agreements with the state, counties,
1233and municipalities.--
1234     (1)  The state and the counties, municipalities, and other
1235political subdivisions, public bodies, and agencies thereof, or
1236any of them, whether now existing or hereafter created, are
1237authorized to aid and cooperate with Space Florida the authority
1238in carrying out any of the purposes and projects of Space
1239Florida the authority, to enter into cooperative agreements with
1240Space Florida the authority, to provide in any such cooperative
1241agreement for the making of loans, gifts, grants, or
1242contributions to Space Florida the authority and the granting
1243and conveyance to Space Florida the authority of real or
1244personal property of any kind or nature, or any interest
1245therein, for the carrying out of the purpose and projects of
1246Space Florida the authority; to covenant in any such cooperative
1247agreement to pay all or any part of the costs of acquisition,
1248planning, development, construction, reconstruction, extension,
1249improvement, operation, and maintenance of any projects of Space
1250Florida the authority; and to pay all or any part of the
1251principal and interest on any bonds of Space Florida the
1252authority.
1253     (2)  The state and the counties, municipalities, and other
1254political subdivisions, public bodies, and agencies thereof, or
1255any of them, whether now existing or hereafter created, and
1256Space Florida the authority created by this act, are further
1257authorized to enter into cooperative agreements to provide for
1258the furnishing by Space Florida the authority to the state or
1259any county, municipality, or other political subdivision, public
1260body, or agency thereof of any of the facilities and services of
1261Space Florida the authority, or by the state or any county,
1262municipality, or other political subdivision, public body, or
1263agency thereof to Space Florida the authority and to persons
1264within the spaceport territory of facilities and services of the
1265type that Space Florida the authority is authorized to furnish
1266or undertake, or such other facilities and services as may be
1267determined necessary or desirable by the board for the carrying
1268out of the purposes of this act. Without limitation of the
1269foregoing, such cooperative agreements may provide for the
1270furnishing by any county, municipality, or other political
1271subdivision of fire and police protection for Space Florida the
1272authority and persons and property within Space Florida the
1273authority, and for the providing to Space Florida the authority
1274of any services deemed necessary or desirable by the board for
1275the proper functioning of Space Florida the authority.
1276     (3)  Without limitation of the foregoing, the board may
1277undertake and finance any of the projects of Space Florida the
1278authority, in whole or in part, jointly with any municipality or
1279municipalities, now existing or hereafter created, or in any
1280other manner combine the projects of Space Florida the authority
1281with the projects of such municipality or municipalities.
1282     (4)  Any agreement of the type authorized by this section
1283may be made and entered into under pursuant to this act for such
1284time or times, not exceeding 40 years.
1285     Section 23.  Section 331.324, Florida Statutes, is amended
1286to read:
1287     331.324  Contracts, grants, and contributions.--Space
1288Florida may The authority shall have the power to make and enter
1289all contracts and agreements necessary or incidental to the
1290performance of the functions of Space Florida the authority and
1291the execution of its powers, and to contract with, and to accept
1292and receive grants or loans of money, material, or property
1293from, any person, private or public, as the board shall
1294determine to be necessary or desirable to carry out the purposes
1295of this act, and in connection with any such contract, grant, or
1296loan to stipulate and agree to such covenants, terms, and
1297conditions as the board shall deem appropriate.
1298     Section 24.  Section 331.325, Florida Statutes, is amended
1299to read:
1300     331.325  Environmental permits.--Space Florida The
1301authority shall obtain required environmental permits in
1302accordance with federal and state law and shall comply with the
1303provisions of chapter 380.
1304     Section 25.  Section 331.326, Florida Statutes, is amended
1305to read:
1306     331.326  Information relating to trade secrets
1307confidential.--The records of Space Florida the authority
1308regarding matters encompassed by this act are public records
1309subject to the provisions of chapter 119. Any information held
1310by Space Florida the authority which is a trade secret, as
1311defined in s. 812.081, including trade secrets of Space Florida
1312the authority, any spaceport user, or the space industry
1313business, is confidential and exempt from the provisions of s.
1314119.07(1) and s. 24(a), Art. I of the State Constitution and may
1315not be disclosed. If Space Florida the authority determines that
1316any information requested by the public will reveal a trade
1317secret, it shall, in writing, inform the person making the
1318request of that determination. The determination is a final
1319order as defined in s. 120.52. Any meeting or portion of a
1320meeting of Space Florida's the authority's board of supervisors
1321is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1322of the State Constitution when the board is discussing trade
1323secrets. Any public record generated during the closed portions
1324of the such meetings, such as minutes, tape recordings, and
1325notes, is confidential and exempt from the provisions of s.
1326119.07(1) and s. 24(a), Art. I of the State Constitution.
1327     Section 26.  Section 331.327, Florida Statutes, is amended
1328to read:
1329     331.327  Foreign trade zone.--Space Florida may The
1330authority shall have the power to apply to the Federal
1331Government for a grant allowing the designation of any spaceport
1332territory as a foreign trade zone pursuant to ss. 288.36 and
1333288.37. However, the designation of any spaceport territory as a
1334foreign trade zone does shall not be deemed to authorize an
1335exemption from any tax imposed by the state or by any political
1336subdivision, agency, or instrumentality thereof.
1337     Section 27.  Section 331.328, Florida Statutes, is amended
1338to read:
1339     331.328  Sovereign immunity.--As an independent special
1340district, Space Florida has The authority shall be granted
1341sovereign immunity in the same manner as the state under the
1342laws and Constitution of the State of Florida. The state, by
1343this section, hereby waives the sovereign immunity granted to
1344the same extent as waived by the state under state law.
1345     Section 28.  Section 331.329, Florida Statutes, is amended
1346to read:
1347     331.329  Changing boundary lines; annexation and exclusion
1348of lands; creation of municipalities within the geographical
1349limits of any spaceport territory; limitations on the furnishing
1350of services within annexed areas.--
1351     (1)  The board of directors may at any time strike out or
1352correct the description of any land within or claimed to be
1353within the boundary lines of any spaceport territory upon the
1354written consent of the owners of all the land that would be
1355included or excluded from the boundary lines of any spaceport
1356territory or otherwise affected by the taking of such action,
1357and of the owners of not less than the majority in acreage of
1358all lands within any spaceport territory.
1359     (a)  The board may enlarge the geographical limits of any
1360spaceport territory to include any lands not then within any
1361spaceport territory:
1362     1.  Upon the written consent of the owners of all the land
1363to be included in any spaceport territory and of the owners of
1364not less than a majority in acreage of all the land then within
1365any spaceport territory; or
1366     2.  By resolution of the board approved at a special
1367election called for such purpose, by vote of a majority of
1368freeholders residing within the area to be annexed and a
1369majority of freeholders residing within any spaceport territory.
1370     (b)  The board of directors may contract the geographical
1371limits of any spaceport territory so as to exclude from any
1372spaceport territory any land then within any spaceport
1373territory:
1374     1.  Upon the written consent of the owners of all the land
1375to be so excluded and of the owners of not less than a majority
1376in acreage of all the land then within any spaceport territory;
1377or
1378     2.  By resolution of the board approved at a special
1379election called for such purpose, by vote of a majority of
1380freeholders residing within the area to be excluded and a
1381majority of the freeholders residing within any spaceport
1382territory.
1383     (2)  Land, including property situated thereon, added to
1384any spaceport territory in the manner provided in subsection (1)
1385shall from the time of its inclusion within such spaceport
1386territory be subject to all assessments thereafter levied and
1387assessed on all other land or property of any spaceport
1388territory similarly situated. Land, including property situated
1389thereon, excluded from any spaceport territory in the manner
1390provided in subsection (1) shall from the date of such exclusion
1391be exempt from assessments thereafter imposed by Space Florida
1392the authority but shall not be exempt from assessments
1393theretofore levied or due with respect to such land or property,
1394or from subsequent installments of assessments theretofore
1395levied or assessed with respect thereto, and such assessments
1396may be enforced and collected by or on behalf of Space Florida
1397the authority in the same manner as if such land or property
1398continued to be within the geographical limits of any spaceport
1399territory.
1400     (3)  In the event that the geographical limits of any
1401spaceport territory as set forth in s. 331.304 are revised so as
1402to include within any spaceport territory any areas not
1403presently contained within any spaceport territory, Space
1404Florida may the authority shall not engage in the business of
1405furnishing electric power for sale in such annexed area, unless
1406Space Florida the authority shall offer to purchase from any
1407person who is at the time engaged in the business of making,
1408generating, or distributing electricity for sale within such
1409annexed area, such portion of its electric plant and property
1410suitable and used for such business in connection therewith as
1411lies within the limits of such annexed area, in a manner
1412consistent with law.
1413     (4)  Space Florida The authority shall designate new launch
1414pads outside the present designated spaceport territories by
1415statutory amendment of s. 331.304.
1416     Section 29.  Section 331.331, Florida Statutes, is amended
1417to read:
1418     331.331  Revenue bonds.--
1419     (1)  Revenue bonds issued by Space Florida the authority
1420shall not be deemed revenue bonds issued by the state or its
1421agencies for purposes of s. 11, Art. VII of the State
1422Constitution and ss. 215.57-215.83. Space Florida The authority
1423shall include in its annual report to the Governor and
1424Legislature, as provided in s. 331.310, a summary of the status
1425of existing and proposed bonding projects.
1426     (2)  The issuance of revenue bonds may be secured by or
1427payable from the gross or net pledge of the revenues to be
1428derived from any project or combination of projects, from the
1429rates, fees, rentals, tolls, fares, or other charges to be
1430collected from the users of any project or projects; from any
1431revenue-producing undertaking or activity of Space Florida the
1432authority; or from any source of pledged security. Such bonds
1433shall not constitute an indebtedness of Space Florida the
1434authority unless such bonds are additionally secured by the full
1435faith and credit of Space Florida the authority. Bonds issued by
1436Space Florida the authority are not secured by the full faith
1437and credit of the State of Florida and do not constitute an
1438obligation, either general or special, thereof.
1439     (3)  Any two or more projects may be combined and
1440consolidated into a single project, and may thereafter be
1441operated and maintained as a single project. The revenue bonds
1442authorized herein may be issued to finance any one or more such
1443projects separately, or to finance two or more such projects,
1444regardless whether or not such projects have been combined and
1445consolidated into a single project. If the board deems it
1446advisable, the proceedings authorizing such revenue bonds may
1447provide that Space Florida the authority may thereafter combine
1448the projects then being financed or theretofore financed with
1449other projects to be subsequently financed by Space Florida the
1450authority shall be on a parity with the revenue bonds then being
1451issued, all on such terms, conditions, and limitations as shall
1452be provided, and may further provide that the revenues to be
1453derived from the subsequent projects shall at the time of the
1454issuance of such parity revenue bonds be also pledged to the
1455holders of any revenue bonds theretofore issued to finance the
1456revenue undertakings which are later combined with such
1457subsequent projects. Space Florida The authority may pledge for
1458the security of the revenue bonds a fixed amount, without regard
1459to any fixed proportion of the gross revenues of any project.
1460     Section 30.  Section 331.333, Florida Statutes, is amended
1461to read:
1462     331.333  Refunding bonds.--Space Florida The authority
1463through its board may shall have the power to issue bonds to
1464provide for the retirement or refunding of any bonds or
1465obligations of Space Florida the authority that at the time of
1466such issuance are or subsequently thereto become due and
1467payable, or that at the time of issuance have been called or are
1468or will be subject to call for redemption within 10 years
1469thereafter, or the surrender of which can be procured from the
1470holders thereof at prices satisfactory to the board. Refunding
1471bonds may be issued at any time when in the judgment of the
1472board such issuance will be advantageous to Space Florida the
1473authority. The provisions of this act pertaining to bonds of
1474Space Florida the authority shall, unless the context otherwise
1475requires, govern the issuance of refunding bonds, the form and
1476other details thereof, the rights of the holders thereof, and
1477the duties of the board with respect to the same.
1478     Section 31.  Section 331.334, Florida Statutes, is amended
1479to read:
1480     331.334  Pledging assessments and other revenues and
1481properties as additional security on bonds.--Space Florida The
1482authority may pledge as additional security for the payment of
1483any of the bonds of Space Florida the authority its full faith
1484and credit, and provide that such bonds shall be payable as to
1485both principal and interest, and as to any reserve or other
1486funds provided therefor, to the full extent that any revenues as
1487defined in this act, assessments, or other funds, or any
1488combination thereof, pledged therefor are insufficient for the
1489full payment of the same, and provided further that no bonds
1490shall be issued to the payment of which the full faith and
1491credit of Space Florida the authority is pledged unless approved
1492at an election in the manner provided by law. Space Florida The
1493authority by resolution of the board may also pledge as
1494additional security for said bonds the revenues from any project
1495of Space Florida the authority, utility service, assessments,
1496and any other sources of revenue or funds, or any combination of
1497the foregoing, and may pledge or mortgage any of the properties,
1498rights, interest, or other assets of Space Florida the
1499authority. Bonds issued by Space Florida the authority are not
1500secured by the full faith and credit of the State of Florida and
1501do not constitute an obligation, either general or special,
1502thereof. The board may also provide with respect to any bonds of
1503Space Florida the authority that such bonds shall be payable, in
1504whole or in part, as to principal amount or interest, or both,
1505out of rates, fees, rentals, tolls, fares, or other charges
1506collected with respect to any of the projects of Space Florida
1507the authority.
1508     Section 32.  Section 331.335, Florida Statutes, is amended
1509to read:
1510     331.335  Lien of pledges.--All pledges of revenues and
1511assessments made pursuant to the provisions of this act shall be
1512valid and binding from the time when such pledges are made. All
1513such revenues and assessments so pledged and thereafter
1514collected shall immediately be subject to the lien of such
1515pledges without any physical delivery thereof or further action,
1516and the lien of such pledges shall be valid and binding as
1517against all parties having claims of any kind in tort, contract,
1518or otherwise against Space Florida the authority, irrespective
1519of whether such parties have notice thereof.
1520     Section 33.  Section 331.336, Florida Statutes, is amended
1521to read:
1522     331.336  Issuance of bond anticipation notes.--In addition
1523to the other powers provided for in this act and not in
1524limitation thereof, Space Florida may the authority shall have
1525the power, at any time from time to time after the issuance of
1526any bonds of Space Florida the authority shall have been
1527authorized, to borrow money for the purposes for which such
1528bonds are to be issued in anticipation of the receipt of the
1529proceeds of the sale of such bonds and to issue bond
1530anticipation notes in a principal amount not in excess of the
1531authorized maximum amount of such bond issue. Such notes shall
1532be in such denomination or denominations, bear interest at such
1533rate or rates, mature at such time or times, be renewable for
1534such additional term or terms, and be in such form and executed
1535in such manner as the board shall prescribe. Such notes may be
1536sold at public sale, or if such notes shall be renewable notes,
1537may be exchanged for notes then outstanding on such terms as the
1538board shall determine. Such notes shall be paid from the
1539proceeds of such bonds when issued. The board may in its
1540discretion, in lieu of retiring the notes by means of bonds,
1541retire them by means of current revenues or from any assessments
1542levied for the payment of such bonds, but in such event a like
1543amount of the bonds authorized shall not be issued.
1544     Section 34.  Section 331.337, Florida Statutes, is amended
1545to read:
1546     331.337  Short-term borrowing.--Space Florida The authority
1547at any time may obtain loans, in such amount and on such terms
1548and conditions as the board may approve, for the purpose of
1549paying any of the expenses of Space Florida the authority or any
1550costs incurred or that may be incurred in connection with any of
1551the projects of Space Florida the authority, which loans shall
1552have such term or terms, be renewable for such term or terms,
1553bear interest at such rate or rates, and be payable from and
1554secured by a pledge of such funds, revenues, and assessments as
1555the board may determine. For the purpose of defraying such costs
1556and expenses, Space Florida the authority may issue negotiable
1557notes, warrants, or other evidences of debt signed on behalf of
1558Space Florida the authority by any one of the board, such notes
1559or other evidences of indebtedness to be payable at such time or
1560times, to bear interest at such rate or rates, and to be sold or
1561discounted at such price or prices and on such term or terms as
1562the board may deem advisable. The board may shall have the right
1563to provide for the payment thereof by pledging the whole or any
1564part of the funds, revenues, and assessments of Space Florida
1565the authority.
1566     Section 35.  Section 331.338, Florida Statutes, is amended
1567to read:
1568     331.338  Trust agreements.--In the discretion of the board,
1569any issue of bonds may be secured by a trust agreement by and
1570between Space Florida the authority and a corporate trustee
1571which may be any trust company or bank having the powers of a
1572trust company within or without the state. The resolution
1573authorizing the issuance of the bonds or such trust agreement
1574may pledge the revenues to be received from any projects of
1575Space Florida the authority and any other authorized moneys to
1576be used for the repayment of bonds, and may contain such
1577provisions for protecting and enforcing the rights and remedies
1578of the bondholders as the board may approve, including without
1579limitation covenants setting forth the duties of Space Florida
1580the authority in relation to the acquisition, planning,
1581development, construction, reconstruction, improvement,
1582maintenance, repair, operation, and insurance of any projects,
1583the fixing and revision of the rates, fees, rentals, tolls,
1584fares, and charges, and the custody, safeguarding, and
1585application of all moneys, and for the employment of consulting
1586engineers in connection with such acquisition, planning,
1587development, construction, reconstruction, improvement,
1588maintenance, repair, or operation. It shall be lawful for any
1589bank or trust company incorporated under the laws of the state
1590or the United States which may act as a depository of the
1591proceeds of bonds or of revenues to furnish such indemnifying
1592bonds or to pledge such securities as may be required by Space
1593Florida the authority. Such resolution or trust agreement may
1594set forth the rights and remedies of the bondholders and of the
1595trustee, if any, and may restrict the individual right of action
1596by bondholders. The board may provide for the payment of the
1597proceeds of the sale of the bonds and the revenues of any
1598project to such officer, board, or depository as it may
1599designate for the custody thereof, and for the method of
1600disbursement thereof, with such safeguards and restrictions as
1601it may determine. All expenses incurred in carrying out the
1602provisions of such resolution or trust agreement may be treated
1603as part of the cost of the project to which such trust agreement
1604pertains.
1605     Section 36.  Section 331.339, Florida Statutes, is amended
1606to read:
1607     331.339  Sale of bonds.--Bonds may be sold in blocks or
1608installments at different times, or an entire issue or series
1609may be sold at one time. Bonds may only be sold at public sale
1610after being advertised and publicly noticed, unless Space
1611Florida the authority has previously complied with the
1612provisions of s. 218.385. Bonds may be sold or exchanged for
1613refunding bonds. Special assessment and revenue bonds may be
1614delivered as payment by Space Florida the authority of the
1615purchase price or lease of any project or part thereof, or a
1616combination of projects or parts thereof, or as the purchase
1617price of, or exchange for, any property, real, personal, or
1618mixed, including franchises, or services rendered by any
1619contractor, engineer, or other person, all at one time or in
1620blocks from time to time, in such manner and upon such terms as
1621the board in its discretion shall determine. The price or prices
1622for any bonds sold, exchanged, or delivered may be:
1623     (1)  The money paid for the bonds.
1624     (2)  The principal amount, plus accrued interest to date of
1625redemption or exchange, of outstanding obligations exchanged for
1626refunding bonds.
1627     (3)  In the case of special assessment or revenue bonds,
1628the amount of any indebtedness to contractors or other persons
1629paid with such bonds, or the fair value of any properties
1630exchanged for the bonds, as determined by the board.
1631     Section 37.  Section 331.340, Florida Statutes, is amended
1632to read:
1633     331.340  Authorization and form of bonds.--Bonds may be
1634authorized by resolution or resolutions of the board which shall
1635be adopted by a majority of all of the members thereof then in
1636office and present at the meeting at which the resolution or
1637resolutions are adopted and shall be approved as provided in s.
1638331.305. The resolution or resolutions of the board may be
1639adopted at the same meeting at which they are introduced, and
1640shall be published and noticed. The board may by resolution
1641authorize the issuance of bonds, fix the aggregate amount of
1642bonds to be issued, the purpose or purposes for which the moneys
1643derived therefrom shall be expanded, the rate or rates of
1644interest, the denomination of the bonds, whether or not the
1645bonds are to be issued in one or more series, the date or dates
1646thereof, the date or dates of maturity, which shall not exceed
164740 years from their respective dates of issuance, the medium of
1648payment, the place or places within or without the state where
1649payment shall be made, registration privileges, redemption terms
1650and privileges (whether with or without premium), the manner of
1651execution, the form of the bonds including any interest coupons
1652to be attached thereto, the manner of execution of bonds and
1653coupons, and any and all other terms, covenants, and conditions
1654thereof, and the establishment of reserve or other funds. Such
1655authorizing resolution may further provide that such bonds may
1656be executed manually or by engraved, lithographed, or facsimile
1657signature, provided that where signatures are engraved,
1658lithographed, or facsimile no bond shall be valid unless
1659countersigned by a registrar or other officer designated by
1660appropriate resolution of the board. The seal of Space Florida
1661the authority may be affixed, lithographed, engraved, or
1662otherwise reproduced in facsimile on such bonds. In case any
1663officer whose signature or a facsimile of whose signature shall
1664appear on any bonds or coupons shall cease to be such officer
1665before the delivery of such bonds, such signature or facsimile
1666shall nevertheless be valid and sufficient for all purposes the
1667same as if the officer had remained in office until such
1668delivery.
1669     Section 38.  Section 331.343, Florida Statutes, is amended
1670to read:
1671     331.343  Defeasance.--The board may make such provision
1672with respect to the defeasance of the right, title, and interest
1673of the holders of any of the bonds and obligations of Space
1674Florida the authority in any revenues, funds, or other
1675properties by which such bonds are secured as the board deems
1676appropriate and, without limitation on the foregoing, may
1677provide that when such bonds or obligations become due and
1678payable or shall have been called for redemption, and the whole
1679amount of the principal and the interest and premium, if any,
1680due and payable upon the bonds or obligations when outstanding
1681shall be paid, or sufficient moneys or direct obligations of the
1682United States Government the principal of and the interest on
1683which when due will provide sufficient moneys, shall be held or
1684deposited in trust for such purpose, and provision shall also be
1685made for paying all other sums payable in connection with such
1686bonds or other obligations, then and in such event the right,
1687title, and interest of the holders of the bonds in any revenues,
1688funds, or other properties by which such bonds are secured shall
1689thereupon cease, terminate, and become void; and the board may
1690apply any surplus in any sinking fund established in connection
1691with such bonds or obligations and all balances remaining in all
1692other funds or accounts other than money held for the redemption
1693or payment of the bonds or other obligations to any lawful
1694purpose of Space Florida the authority as the board shall
1695determine.
1696     Section 39.  Section 331.345, Florida Statutes, is amended
1697to read:
1698     331.345  Covenants.--Any resolution authorizing the
1699issuance of bonds may contain such covenants as the board may
1700deem advisable and all such covenants shall constitute valid and
1701legally binding and enforceable contracts between Space Florida
1702the authority and the bondholders, regardless of the time of
1703issuance thereof. Such covenants may include, without
1704limitation, covenants concerning the disposition of the bond
1705proceeds, the use and disposition of project revenues, the
1706pledging of revenues, and assessments, the obligations of Space
1707Florida the authority with respect to the operation of the
1708project and the maintenance of adequate project revenues, the
1709issuance of additional bonds, the appointment, powers, and
1710duties of trustees and receivers, the acquisition of outstanding
1711bonds and obligations, restrictions on the establishing of
1712competing projects or facilities, restrictions on the sale or
1713disposal of the assets and property of Space Florida the
1714authority, the priority of assessment liens, the priority of
1715claims by bondholders on the taxing power of Space Florida the
1716authority, the maintenance of deposits to assure the payment of
1717revenues by users of spaceport facilities and services, the
1718discontinuance of Space Florida authority services by reason of
1719delinquent payments, acceleration upon default, the execution of
1720necessary instruments, the procedure for amending or abrogating
1721covenants with the bondholders, and such other covenants as may
1722be deemed necessary or desirable for the security of the
1723bondholders.
1724     Section 40.  Section 331.346, Florida Statutes, is amended
1725to read:
1726     331.346  Validity of bonds; validation proceedings.--Any
1727bonds issued by Space Florida the authority shall be
1728incontestable in the hands of bona fide purchasers or holders
1729for value and shall not be invalid because of any irregularity
1730or defect in the proceedings for the issue and sale thereof.
1731Prior to the issuance of any bonds, Space Florida the authority
1732shall publish a notice at least once in a newspaper or
1733newspapers published or of general circulation in the
1734appropriate counties in the state, stating the date of adoption
1735of the resolution authorizing such obligations, the amount,
1736maximum rate of interest, and maturity of such obligations, and
1737the purpose in general terms for which such obligations are to
1738be issued, and further stating that no action or proceeding
1739questioning the validity of such obligations or of the
1740proceedings authorizing the issuance thereof, or of any
1741covenants made therein, must be instituted within 20 days after
1742the first publication of such notice, or the validity of such
1743obligations, proceedings, and covenants shall not be thereafter
1744questioned in any court whatsoever. If no such action or
1745proceeding is so instituted within such 20-day period, then the
1746validity of such obligations, proceedings, and covenants shall
1747be conclusive, and all persons or parties whatsoever shall be
1748forever barred from questioning the validity of such
1749obligations, proceedings, or covenants in any court whatsoever.
1750     Section 41.  Section 331.347, Florida Statutes, is amended
1751to read:
1752     331.347  Act furnishes full authority for issuance of
1753bonds.--This act constitutes full and complete authority for the
1754issuance of bonds and the exercise of the powers of Space
1755Florida the authority provided herein. Any and all bonds issued
1756by Space Florida the authority shall not be secured by the full
1757faith and credit of the State of Florida and do not constitute
1758an obligation, either general or special, thereof.
1759     Section 42.  Section 331.348, Florida Statutes, is amended
1760to read:
1761     331.348  Investment of funds.--The board may in its
1762discretion invest funds of Space Florida the authority through
1763the Chief Financial Officer or in:
1764     (1)  Direct obligations of or obligations guaranteed by the
1765United States or for the payment of the principal and interest
1766of which the faith and credit of the United States is pledged;
1767     (2)  Bonds or notes issued by any of the following federal
1768agencies: Bank for Cooperatives; federal intermediate credit
1769banks; federal home loan bank system; federal land banks; or the
1770Federal National Mortgage Association (including debentures or
1771participating certificates issued by such association);
1772     (3)  Public housing bonds issued by public housing
1773authorities and secured by a pledge or annual contributions
1774under an annual contribution contract or contracts with the
1775United States;
1776     (4)  Bonds or other interest-bearing obligations of any
1777county, district, city, or town located in the state for which
1778the full faith and credit of such political subdivision is
1779pledged;
1780     (5)  Any investment authorized for insurers by ss. 625.306-
1781625.316 and amendments thereto; or
1782     (6)  Any investment authorized under s. 17.57 and
1783amendments thereto.
1784     Section 43.  Section 331.349, Florida Statutes, is amended
1785to read:
1786     331.349  Fiscal year of Space Florida the authority.--The
1787board may has the power to establish and from time to time
1788redetermine the fiscal year of Space Florida the authority.
1789Unless the board otherwise provides, Space Florida's the
1790authority's fiscal year shall be July 1 through June 30.
1791     Section 44.  Section 331.350, Florida Statutes, is amended
1792to read:
1793     331.350  Insurance coverage of Space Florida the authority;
1794safety program.--
1795     (1)  Notwithstanding any other provision of law, the State
1796Risk Management Trust Fund established under s. 284.30 may shall
1797not insure buildings and property owned or leased by Space
1798Florida the authority.
1799     (2)  Notwithstanding any other provision of law, the State
1800Risk Management Trust Fund established under s. 284.30 may shall
1801not insure against any liability of Space Florida the authority.
1802     (3)  Space Florida The authority shall establish a safety
1803program. The safety program shall include:
1804     (a)  The development and implementation of a loss
1805prevention program which shall consist of a comprehensive
1806authority wide safety program for all of Space Florida,
1807including a statement, established by the board of directors
1808supervisors, of safety policy and responsibility.
1809     (b)  Provision for regular and periodic facility and
1810equipment inspections.
1811     (c)  Investigation of job-related employee accidents and
1812other accidents occurring on the premises of Space Florida the
1813authority or within areas of its jurisdiction.
1814     (d)  Establishment of a program to promote increased safety
1815awareness among employees, agents, and subcontractors of Space
1816Florida the authority.
1817     (4)(a)  Space Florida The authority shall, if available,
1818secure insurance coverage within reasonable limits for liability
1819which may arise as a consequence of its responsibilities.
1820     (b)  Space Florida The authority shall, if available, and
1821if cost-effective, secure insurance coverage on its buildings,
1822facilities, and property at reasonable levels.
1823     (c)  Space Florida The authority, with respect to the
1824purchase of insurance, shall be subject to the applicable
1825provisions of chapter 287 and other applicable law.
1826     Section 45.  Section 331.351, Florida Statutes, is amended
1827to read:
1828     331.351  Participation by women, minorities, and socially
1829and economically disadvantaged business enterprises
1830encouraged.--It is the intent of the Legislature and the public
1831policy of this state that women, minorities, and socially and
1832economically disadvantaged business enterprises be encouraged to
1833participate fully in all phases of economic and community
1834development. Accordingly, to achieve such purpose, Space Florida
1835the authority shall, in accordance with applicable state and
1836federal law, involve and utilize women, minorities, and socially
1837and economically disadvantaged business enterprises in all
1838phases of the design, development, construction, maintenance,
1839and operation of spaceports developed under this act.
1840     Section 46.  Section 331.354, Florida Statutes, is amended
1841to read:
1842     331.354  Tax exemption.--The exercise of the powers granted
1843by this act in all respects shall be for the benefit of the
1844people of the state, for the increase of their industry and
1845prosperity, for the improvement of their health and living
1846conditions, and for the provision of gainful employment and
1847shall constitute the performance of essential public functions.
1848Space Florida is The authority shall not be required to pay any
1849taxes on any project or any other property owned by Space
1850Florida the authority under the provisions of this act or upon
1851the income therefrom. The bonds issued under the provisions of
1852this act or upon the income therefrom (including any profit made
1853on the sale thereof), and all notes, mortgages, security
1854agreements, letters of credit, or other instruments which arise
1855out of or are given to secure the repayment of bonds issued in
1856connection with a project financed under this act, shall at all
1857times be free from taxation by the state or any local unit,
1858political subdivision, or other instrumentality of the state.
1859Nothing in This section, however, does not exempt shall be
1860construed as exempting from taxation or assessments the
1861leasehold interest of a lessee in any project or any other
1862property or interest owned by the lessee. The exemption granted
1863by this section is shall not be applicable to any tax imposed by
1864chapter 220 on interest, income, or profits on debt obligations
1865owned by corporations.
1866     Section 47.  Section 331.355, Florida Statutes, is amended
1867to read:
1868     331.355  Use of name; ownership rights to intellectual
1869property.--
1870     (1)(a)  The corporate name of a corporation incorporated or
1871authorized to transact business in this state, or the name of
1872any person or business entity transacting business in this
1873state, may not use the words "Space Florida," "Florida Space
1874Authority," "Florida Aerospace Finance Corporation," "Florida
1875Space Research Institute," "spaceport Florida," or "Florida
1876spaceport" in its name unless the Space Florida board of
1877directors the authority gives written approval for such use.
1878     (b)  The Department of State may dissolve, pursuant to s.
1879607.1421, any corporation that violates paragraph (a).
1880     (2)  Notwithstanding any provision of chapter 286, the
1881legal title and every right, interest, claim, or demand of any
1882kind in and to any patent, trademark, copyright, certification
1883mark, or other right acquired under the patent and trademark
1884laws of the United States or this state or any foreign country,
1885or the application for the same, as is owned or held, acquired,
1886or developed by Space Florida the authority, under the authority
1887and directions given it by this part, is vested in Space Florida
1888the authority for the use, benefit, and purposes provided in
1889this part. Space Florida The authority is vested with and is
1890authorized to exercise any and all of the normal incidents of
1891such ownership, including the receipt and disposition of
1892royalties. Any sums received as royalties from any such rights
1893are hereby appropriated to Space Florida the authority for any
1894and all of the purposes and uses provided in this part.
1895     Section 48.  Section 331.360, Florida Statutes, is amended
1896to read:
1897     331.360  Joint participation project agreement or
1898assistance; spaceport master plan.--
1899     (1)  It shall be the duty, function, and responsibility of
1900the Department of Transportation to promote the further
1901development and improvement of aerospace transportation
1902facilities; to address intermodal requirements and impacts of
1903the launch ranges, spaceports, and other space transportation
1904facilities; to assist in the development of joint-use facilities
1905and technology that support aviation and aerospace operations;
1906to coordinate and cooperate in the development of spaceport
1907infrastructure and related transportation facilities contained
1908in the Strategic Intermodal System Plan;  to encourage, where
1909appropriate, the cooperation and integration of airports and
1910spaceports in order to meet transportation-related needs; and to
1911facilitate and promote cooperative efforts between federal and
1912state government entities to improve space transportation
1913capacity and efficiency. In carrying out this duty and
1914responsibility, the department may assist and advise, cooperate
1915with, and coordinate with federal, state, local, or private
1916organizations and individuals. The department may
1917administratively house its space transportation responsibilities
1918within an existing division or office.
1919     (2)  Notwithstanding any other provision of law, the
1920Department of Transportation may enter into a joint
1921participation project agreement with, or otherwise assist, the
1922Florida Space Florida Authority as necessary to effectuate the
1923provisions of this chapter and may allocate funds for such
1924purposes in its 5-year work program. However, the department may
1925not fund the administrative or operational costs of Space
1926Florida the authority.
1927     (3)  Space Florida The authority shall develop a spaceport
1928master plan for expansion and modernization of space
1929transportation facilities within spaceport territories as
1930defined in s. 331.303(23). The plan shall contain recommended
1931projects to meet current and future commercial, national, and
1932state space transportation requirements. Space Florida The
1933authority shall submit the plan to any appropriate metropolitan
1934planning organization M.P.O. for review of intermodal impacts.
1935Space Florida The authority shall submit the spaceport master
1936plan to the Department of Transportation, and such plan may be
1937included within the department's 5-year work program of
1938qualifying aerospace discretionary capacity improvement under
1939subsection (4). The plan shall identify appropriate funding
1940levels and include recommendations on appropriate sources of
1941revenue that may be developed to contribute to the State
1942Transportation Trust Fund.
1943     (4)  Subject to the availability of appropriated funds, the
1944department may participate in the capital cost of eligible
1945spaceport discretionary capacity improvement projects. The
1946annual legislative budget request shall be based on the proposed
1947funding requested for approved spaceport discretionary capacity
1948improvement projects.
1949     Section 49.  Section 331.369, Florida Statutes, is amended
1950to read:
1951     331.369  Space Industry Workforce Initiative.--
1952     (1)  The Legislature finds that the aerospace space
1953industry is critical to the economic future of the state and
1954that the competitiveness of the industry in the state depends
1955upon the development and maintenance of a qualified workforce.
1956The Legislature further finds that the aerospace space industry
1957in this state has diverse and complex workforce needs,
1958including, but not limited to, the need for qualified entry-
1959level workers, the need to upgrade the skills of technician-
1960level incumbent workers, and the need to ensure continuing
1961education opportunities for workers with advanced educational
1962degrees. It is the intent of the Legislature to support programs
1963designed to address the workforce development needs of the
1964aerospace space industry in this state.
1965     (2)  The Workforce Development Board of Enterprise Florida,
1966Inc., or it successor entity, shall coordinate development of a
1967Space Industry Workforce Initiative in partnership with Space
1968Florida, the Florida Space Research Institute, the institute's
1969consortium of public and private universities, community
1970colleges, and other training providers approved by the board.
1971The purpose of the initiative is to use or revise existing
1972programs and to develop innovative new programs to address the
1973workforce needs of the aerospace space industry.
1974     (3)  The initiative shall emphasize:
1975     (a)  Curricula content and timeframes developed with
1976industry participation and endorsed by the industry;
1977     (b)  Programs that certify persons completing training as
1978meeting industry-approved standards or competencies;
1979     (c)  Use of distance-learning and computer-based training
1980modules as appropriate and feasible;
1981     (d)  Industry solicitation of public and private
1982universities to develop continuing education programs at the
1983master's and doctoral levels;
1984     (e)  Agreements with the National Aeronautics and Space
1985Administration to replicate on a national level successful
1986training programs developed through the initiative; and
1987     (f)  Leveraging of state and federal workforce funds.
1988     (4)  The Workforce Development Board of Enterprise Florida,
1989Inc., or its successor entity, with the assistance of Space
1990Florida the Florida Space Research Institute, shall convene
1991representatives from the aerospace space industry to identify
1992the priority training and education needs of the industry and to
1993appoint a team to design programs to meet the such priority
1994needs.
1995     (5)  The Workforce Development Board of Enterprise Florida,
1996Inc., or its successor entity, as part of its statutorily
1997prescribed annual report to the Legislature, shall provide
1998recommendations for policies, programs, and funding to enhance
1999the workforce needs of the aerospace space industry.
2000     Section 50.  Paragraph (g) of subsection (2) of section
200114.2015, Florida Statutes, is amended to read:
2002     14.2015  Office of Tourism, Trade, and Economic
2003Development; creation; powers and duties.--
2004     (2)  The purpose of the Office of Tourism, Trade, and
2005Economic Development is to assist the Governor in working with
2006the Legislature, state agencies, business leaders, and economic
2007development professionals to formulate and implement coherent
2008and consistent policies and strategies designed to provide
2009economic opportunities for all Floridians. To accomplish such
2010purposes, the Office of Tourism, Trade, and Economic Development
2011shall:
2012     (g)  Serve as contract administrator for the state with
2013respect to contracts with Enterprise Florida, Inc., the Florida
2014Commission on Tourism, Space Florida, and all direct-support
2015organizations under this act, excluding those relating to
2016tourism. To accomplish the provisions of this act and applicable
2017provisions of chapter 288, and notwithstanding the provisions of
2018part I of chapter 287, the office shall enter into specific
2019contracts with Enterprise Florida, Inc., the Florida Commission
2020on Tourism, Space Florida, and other appropriate direct-support
2021organizations. Such contracts may be multiyear and shall include
2022specific performance measures for each year.
2023     Section 51.  Section 74.011, Florida Statutes, is amended
2024to read:
2025     74.011  Scope.--In any eminent domain action, properly
2026instituted by and in the name of the state; the Department of
2027Transportation; any county, school board, municipality,
2028expressway authority, regional water supply authority,
2029transportation authority, flood control district, or drainage or
2030subdrainage district; the ship canal authority; any lawfully
2031constituted housing, port, or aviation authority; the Florida
2032Space Authority; or any rural electric cooperative, telephone
2033cooperative corporation, or public utility corporation, the
2034petitioner may avail itself of the provisions of this chapter to
2035take possession and title in advance of the entry of final
2036judgment.
2037     Section 52.  Subsection (6) of section 196.012, Florida
2038Statutes, is amended to read:
2039     196.012  Definitions.--For the purpose of this chapter, the
2040following terms are defined as follows, except where the context
2041clearly indicates otherwise:
2042     (6)  Governmental, municipal, or public purpose or function
2043shall be deemed to be served or performed when the lessee under
2044any leasehold interest created in property of the United States,
2045the state or any of its political subdivisions, or any
2046municipality, agency, special district, authority, or other
2047public body corporate of the state is demonstrated to perform a
2048function or serve a governmental purpose which could properly be
2049performed or served by an appropriate governmental unit or which
2050is demonstrated to perform a function or serve a purpose which
2051would otherwise be a valid subject for the allocation of public
2052funds. For purposes of the preceding sentence, an activity
2053undertaken by a lessee which is permitted under the terms of its
2054lease of real property designated as an aviation area on an
2055airport layout plan which has been approved by the Federal
2056Aviation Administration and which real property is used for the
2057administration, operation, business offices and activities
2058related specifically thereto in connection with the conduct of
2059an aircraft full service fixed base operation which provides
2060goods and services to the general aviation public in the
2061promotion of air commerce shall be deemed an activity which
2062serves a governmental, municipal, or public purpose or function.
2063Any activity undertaken by a lessee which is permitted under the
2064terms of its lease of real property designated as a public
2065airport as defined in s. 332.004(14) by municipalities,
2066agencies, special districts, authorities, or other public bodies
2067corporate and public bodies politic of the state, a spaceport as
2068defined in s. 331.303(19), or which is located in a deepwater
2069port identified in s. 403.021(9)(b) and owned by one of the
2070foregoing governmental units, subject to a leasehold or other
2071possessory interest of a nongovernmental lessee that is deemed
2072to perform an aviation, airport, aerospace, maritime, or port
2073purpose or operation shall be deemed an activity that serves a
2074governmental, municipal, or public purpose. The use by a lessee,
2075licensee, or management company of real property or a portion
2076thereof as a convention center, visitor center, sports facility
2077with permanent seating, concert hall, arena, stadium, park, or
2078beach is deemed a use that serves a governmental, municipal, or
2079public purpose or function when access to the property is open
2080to the general public with or without a charge for admission. If
2081property deeded to a municipality by the United States is
2082subject to a requirement that the Federal Government, through a
2083schedule established by the Secretary of the Interior, determine
2084that the property is being maintained for public historic
2085preservation, park, or recreational purposes and if those
2086conditions are not met the property will revert back to the
2087Federal Government, then such property shall be deemed to serve
2088a municipal or public purpose. The term "governmental purpose"
2089also includes a direct use of property on federal lands in
2090connection with the Federal Government's Space Exploration
2091Program or spaceport activities as defined in s. 212.02(22).
2092Real property and tangible personal property owned by the
2093Federal Government or Space Florida the Florida Space Authority
2094and used for defense and space exploration purposes or which is
2095put to a use in support thereof shall be deemed to perform an
2096essential national governmental purpose and shall be exempt.
2097"Owned by the lessee" as used in this chapter does not include
2098personal property, buildings, or other real property
2099improvements used for the administration, operation, business
2100offices and activities related specifically thereto in
2101connection with the conduct of an aircraft full service fixed
2102based operation which provides goods and services to the general
2103aviation public in the promotion of air commerce provided that
2104the real property is designated as an aviation area on an
2105airport layout plan approved by the Federal Aviation
2106Administration. For purposes of determination of "ownership,"
2107buildings and other real property improvements which will revert
2108to the airport authority or other governmental unit upon
2109expiration of the term of the lease shall be deemed "owned" by
2110the governmental unit and not the lessee. Providing two-way
2111telecommunications services to the public for hire by the use of
2112a telecommunications facility, as defined in s. 364.02(15), and
2113for which a certificate is required under chapter 364 does not
2114constitute an exempt use for purposes of s. 196.199, unless the
2115telecommunications services are provided by the operator of a
2116public-use airport, as defined in s. 332.004, for the operator's
2117provision of telecommunications services for the airport or its
2118tenants, concessionaires, or licensees, or unless the
2119telecommunications services are provided by a public hospital.
2120However, property that is being used to provide such
2121telecommunications services on or before October 1, 1997, shall
2122remain exempt, but such exemption expires October 1, 2004.
2123     Section 53.  Subsection (22) of section 212.02, Florida
2124Statutes, is amended to read:
2125     212.02  Definitions.--The following terms and phrases when
2126used in this chapter have the meanings ascribed to them in this
2127section, except where the context clearly indicates a different
2128meaning:
2129     (22)  "Spaceport activities" means activities directed or
2130sponsored by Space Florida the Florida Space Authority on
2131spaceport territory pursuant to its powers and responsibilities
2132under the Space Florida Act Florida Space Authority Act.
2133     Section 54.  Subsection (7) of section 288.063, Florida
2134Statutes, is amended to read:
2135     288.063  Contracts for transportation projects.--
2136     (7)  For the purpose of this section, Space Florida the
2137Florida Space Authority may serve as the local government or as
2138the contracting agency for transportation projects within
2139spaceport territory as defined by s. 331.304.
2140     Section 55.  Subsection (1) of section 288.075, Florida
2141Statutes, is amended to read:
2142     288.075  Confidentiality of records.--
2143     (1)  As used in this section, the term "economic
2144development agency" means the Office of Tourism, Trade, and
2145Economic Development, any industrial development authority
2146created in accordance with part III of chapter 159 or by special
2147law, Space Florida the Florida Space Authority created in part
2148II of chapter 331, the Florida Aerospace Finance Corporation
2149created in part III of chapter 331, the public economic
2150development agency of a county or municipality, or any research
2151and development authority created in accordance with part V of
2152chapter 159. The term also includes any private agency, person,
2153partnership, corporation, or business entity when authorized by
2154the state, a municipality, or a county to promote the general
2155business interests or industrial interests of the state or that
2156municipality or county.
2157     Section 56.  Subsection (2) of section 288.35, Florida
2158Statutes, is amended to read:
2159     288.35  Definitions.--The following terms, wherever used or
2160referred to in this part, shall have the following meanings:
2161     (2)  "Government agency" means the state or any county or
2162political subdivision thereof; any state agency; any
2163consolidated government of a county, and some or all of the
2164municipalities located within the said county; any chartered
2165municipality in the state; and any of the institutions of such
2166consolidated governments, counties, or municipalities.
2167Specifically included are airports, port authorities, industrial
2168authorities, and Space Florida the Florida Space Authority.
2169     Section 57.  Subsection (2) of section 288.9415, Florida
2170Statutes, is amended to read:
2171     288.9415  International Trade Grants.--
2172     (2)  A county, municipality, economic development council,
2173Space Florida the Florida Space Authority, or a not-for-profit
2174association of businesses organized to assist in the promotion
2175of international trade may apply for a grant of state funds for
2176the promotion of international trade.
2177     Section 58.  Paragraph (j) of subsection (5) of section
2178212.08, Florida Statutes, is amended to read:
2179     212.08  Sales, rental, use, consumption, distribution, and
2180storage tax; specified exemptions.--The sale at retail, the
2181rental, the use, the consumption, the distribution, and the
2182storage to be used or consumed in this state of the following
2183are hereby specifically exempt from the tax imposed by this
2184chapter.
2185     (5)  EXEMPTIONS; ACCOUNT OF USE.--
2186     (j)  Machinery and equipment used in semiconductor,
2187defense, or space technology production and research and
2188development.--
2189     1.a.  Industrial machinery and equipment used in
2190semiconductor technology facilities certified under subparagraph
21916. to manufacture, process, compound, or produce semiconductor
2192technology products for sale or for use by these facilities are
2193exempt from the tax imposed by this chapter. For purposes of
2194this paragraph, industrial machinery and equipment includes
2195molds, dies, machine tooling, other appurtenances or accessories
2196to machinery and equipment, testing equipment, test beds,
2197computers, and software, whether purchased or self-fabricated,
2198and, if self-fabricated, includes materials and labor for
2199design, fabrication, and assembly.
2200     b.  Industrial machinery and equipment used in defense or
2201space technology facilities certified under subparagraph 6. to
2202design, manufacture, assemble, process, compound, or produce
2203defense technology products or space technology products for
2204sale or for use by these facilities are exempt from 25 percent
2205of the tax imposed by this chapter.
2206     2.a.  Machinery and equipment are exempt from the tax
2207imposed by this chapter if used predominately in semiconductor
2208wafer research and development activities in a semiconductor
2209technology research and development facility certified under
2210subparagraph 6. For purposes of this paragraph, machinery and
2211equipment includes molds, dies, machine tooling, other
2212appurtenances or accessories to machinery and equipment, testing
2213equipment, test beds, computers, and software, whether purchased
2214or self-fabricated, and, if self-fabricated, includes materials
2215and labor for design, fabrication, and assembly.
2216     b.  Machinery and equipment are exempt from 25 percent of
2217the tax imposed by this chapter if used predominately in defense
2218or space research and development activities in a defense or
2219space technology research and development facility certified
2220under subparagraph 6.
2221     3.  Building materials purchased for use in manufacturing
2222or expanding clean rooms in semiconductor-manufacturing
2223facilities are exempt from the tax imposed by this chapter.
2224     4.  In addition to meeting the criteria mandated by
2225subparagraph 1., subparagraph 2., or subparagraph 3., a business
2226must be certified by the Office of Tourism, Trade, and Economic
2227Development as authorized in this paragraph in order to qualify
2228for exemption under this paragraph.
2229     5.  For items purchased tax exempt pursuant to this
2230paragraph, possession of a written certification from the
2231purchaser, certifying the purchaser's entitlement to exemption
2232pursuant to this paragraph, relieves the seller of the
2233responsibility of collecting the tax on the sale of such items,
2234and the department shall look solely to the purchaser for
2235recovery of tax if it determines that the purchaser was not
2236entitled to the exemption.
2237     6.a.  To be eligible to receive the exemption provided by
2238subparagraph 1., subparagraph 2., or subparagraph 3., a
2239qualifying business entity shall initially apply to Enterprise
2240Florida, Inc. The original certification shall be valid for a
2241period of 2 years. In lieu of submitting a new application, the
2242original certification may be renewed biennially by submitting
2243to the Office of Tourism, Trade, and Economic Development a
2244statement, certified under oath, that there has been no material
2245change in the conditions or circumstances entitling the business
2246entity to the original certification. The initial application
2247and certification renewal statement shall be developed by the
2248Office of Tourism, Trade, and Economic Development in
2249consultation with Enterprise Florida, Inc.
2250     b.  Enterprise Florida, Inc., shall review each submitted
2251initial application and information and determine whether or not
2252the application is complete within 5 working days. Once an
2253application is complete, Enterprise Florida, Inc., shall, within
225410 working days, evaluate the application and recommend approval
2255or disapproval of the application to the Office of Tourism,
2256Trade, and Economic Development.
2257     c.  Upon receipt of the initial application and
2258recommendation from Enterprise Florida, Inc., or upon receipt of
2259a certification renewal statement, the Office of Tourism, Trade,
2260and Economic Development shall certify within 5 working days
2261those applicants who are found to meet the requirements of this
2262section and notify the applicant, Enterprise Florida, Inc., and
2263the department of the original certification or certification
2264renewal. If the Office of Tourism, Trade, and Economic
2265Development finds that the applicant does not meet the
2266requirements of this section, it shall notify the applicant and
2267Enterprise Florida, Inc., within 10 working days that the
2268application for certification has been denied and the reasons
2269for denial. The Office of Tourism, Trade, and Economic
2270Development has final approval authority for certification under
2271this section.
2272     7.a.  A business may apply once each year for the
2273exemption.
2274     d.b.  The initial application and certification renewal
2275statement must indicate, for program evaluation purposes only,
2276the average number of full-time equivalent employees at the
2277facility over the preceding calendar year, the average wage and
2278benefits paid to those employees over the preceding calendar
2279year, the total investment made in real and tangible personal
2280property over the preceding calendar year, and the total value
2281of tax-exempt purchases and taxes exempted during the previous
2282year. The department shall assist the Office of Tourism, Trade,
2283and Economic Development in evaluating and verifying information
2284provided in the application for exemption.
2285     e.c.  The Office of Tourism, Trade, and Economic
2286Development may use the information reported on the initial
2287application and certification renewal statement for evaluation
2288purposes only and shall prepare an annual report on the
2289exemption program and its cost and impact. The annual report for
2290the preceding fiscal year shall be submitted to the Governor,
2291the President of the Senate, and the Speaker of the House of
2292Representatives by September 30 of each fiscal year.
2293     7.8.  A business certified to receive this exemption may
2294elect to designate one or more state universities or community
2295colleges as recipients of up to 100 percent of the amount of the
2296exemption for which they may qualify. To receive these funds,
2297the institution must agree to match the funds so earned with
2298equivalent cash, programs, services, or other in-kind support on
2299a one-to-one basis in the pursuit of research and development
2300projects as requested by the certified business. The rights to
2301any patents, royalties, or real or intellectual property must be
2302vested in the business unless otherwise agreed to by the
2303business and the university or community college.
2304     8.9.  As used in this paragraph, the term:
2305     a.  "Predominately" means at least 50 percent of the time
2306in qualifying research and development.
2307     b.  "Research and development" means basic and applied
2308research in the science or engineering, as well as the design,
2309development, and testing, of prototypes or processes of new or
2310improved products, including the design, development, and
2311testing of space launch vehicles, space flight vehicles,
2312missiles, satellites, or research payloads, avionics, and
2313associated control systems and processing systems, and
2314components of any of the foregoing. Research and development
2315does not include market research, routine consumer product
2316testing, sales research, research in the social sciences or
2317psychology, or similar nontechnological activities, or technical
2318services.
2319     c.  "Semiconductor technology products" means raw
2320semiconductor wafers or semiconductor thin films that are
2321transformed into semiconductor memory or logic wafers, including
2322wafers containing mixed memory and logic circuits; related
2323assembly and test operations; active-matrix flat panel displays;
2324semiconductor chips; semiconductor lasers; optoelectronic
2325elements; and related semiconductor technology products as
2326determined by the Office of Tourism, Trade, and Economic
2327Development.
2328     d.  "Clean rooms" means manufacturing facilities enclosed
2329in a manner that meets the clean manufacturing requirements
2330necessary for high-technology semiconductor-manufacturing
2331environments.
2332     e.  "Defense technology products" means products that have
2333a military application, including, but not limited to, weapons,
2334weapons systems, guidance systems, surveillance systems,
2335communications or information systems, munitions, aircraft,
2336vessels, or boats, or components thereof, which are intended for
2337military use and manufactured in performance of a contract with
2338the United States Department of Defense or the military branch
2339of a recognized foreign government or a subcontract thereunder
2340which relates to matters of national defense.
2341     f.  "Space technology products" means products that are
2342specifically designed or manufactured for application in space
2343activities, including, but not limited to, space launch
2344vehicles, space flight vehicles, missiles, satellites or
2345research payloads, avionics, and associated control systems and
2346processing systems and components of any of the foregoing. The
2347term does not include products that are designed or manufactured
2348for general commercial aviation or other uses even though those
2349products may also serve an incidental use in space applications.
2350     Section 59.  Section 1004.86, Florida Statutes, is created
2351to read:
2352     1004.86  Florida Center for Mathematics and Science
2353Education Research.--
2354     (1)  The Department of Education shall contract with a
2355competitively selected public or private university to create
2356and operate the Florida Center for Mathematics and Science
2357Education Research. The purpose of the center is increasing
2358student achievement in mathematics and science, with an emphasis
2359on K-12 education. The center shall:
2360     (a)  Provide technical assistance and support to school
2361districts and schools in the development and implementation of
2362mathematics and science instruction.
2363     (b)  Conduct applied research on policy and practices
2364related to mathematics and science instruction and assessment in
2365the state.
2366     (c)  Conduct or compile basic research regarding student
2367acquisition of mathematics and science knowledge and skills.
2368     (d)  Develop comprehensive course frameworks for
2369mathematics and science courses that emphasize rigor and
2370relevance at the elementary, middle, and high school levels.
2371Student achievement data should be used to aid in the
2372development of course frameworks for low-performing schools,
2373special needs students, females, and minorities.
2374     (e)  Disseminate information regarding research-based
2375teaching practices in mathematics and science to teachers and
2376teacher educators in the state.
2377     (f)  Collect, manage, and report on assessment information
2378regarding student achievement in mathematics and science. The
2379report shall include student achievement by ethnic group.
2380     (g)  Establish partnerships with public and private
2381universities, community colleges, school districts, and other
2382appropriate entities to further increase student achievement in
2383mathematics and science.
2384     (h)  Develop a comprehensive plan, with input from school
2385districts, to increase the number and percentage of females and
2386minority students enrolling in and successfully completing
2387mathematics and science courses.
2388     (2)  The department shall monitor the center through the
2389Division of K-12 Public Schools.
2390     Section 60.  Sections 331.314, 331.315, 331.367, 331.368,
2391331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
2392331.417, and 331.419, Florida Statutes, are repealed.
2393     Section 61.  No later than September 1, 2006, the Florida
2394Space Authority, the Florida Space Research Institute, and the
2395Florida Aerospace Finance Corporation shall submit articles of
2396dissolution to the Department of State in accordance with s.
2397607.1403, Florida Statutes, or s. 617.1403, Florida Statutes, as
2398applicable. The Florida Space Authority shall also comply with
2399the dissolution procedures provided s. 189.4042, Florida
2400Statutes. Space Florida, as created by this act, is the
2401successor organization to the Florida Space Authority, the
2402Florida Space Research Institute, and the Florida Aerospace
2403Finance Corporation. The Florida Space Authority, the Florida
2404Space Research Institute, and the Florida Aerospace Finance
2405Corporation shall transfer and Space Florida shall receive all
2406records, property, obligations, and unexpended balances of
2407appropriations, allocations, or other funds of the dissolved
2408entities. To ensure compliance with 26 U.S.C. 501(c)(3), Space
2409Florida shall use the assets and funds transferred to it from
2410the Florida Space Research Institute and the Florida Aerospace
2411Finance Corporation in a manner consistent with the purposes for
2412which the originating entity received such assets and funds.
2413     Section 62.  The Governor, the President of the Senate, and
2414the Speaker of the House of Representatives shall appoint the
2415board of directors of Space Florida no later than July 1, 2006.
2416The board of directors of Space Florida shall hold its first
2417meeting no later than August 1, 2006. The board of directors of
2418Space Florida shall appoint a president no later than September
24191, 2006. The Executive Office of the Governor shall provide
2420staffing and transitional support to Space Florida until
2421December 31, 2006.
2422     Section 63.  Subsection (12) is added to section 288.1224,
2423Florida Statutes, to read:
2424     288.1224  Powers and duties.--The commission:
2425     (12)  Shall advise and cooperate with Space Florida
2426regarding space tourism marketing, when appropriate and
2427beneficial.
2428     Section 64.  Subsection (7) is added to section 288.9015,
2429Florida Statutes, to read:
2430     288.9015  Enterprise Florida, Inc.; purpose; duties.--
2431     (7)  Enterprise Florida, Inc., shall enter into an
2432agreement with Space Florida to:
2433     (a)  Develop a plan to retain, expand, attract, and create
2434aerospace industry entities, public or private, which result in
2435the creation of high-value-added businesses and jobs in this
2436state.
2437     (b)  Develop a plan to assist in the financing of aerospace
2438businesses.
2439     Section 65.  Subsection (33) is added to section 334.044,
2440Florida Statutes, to read:
2441     334.044  Department; powers and duties.--The department
2442shall have the following general powers and duties:
2443     (33)  To enter into agreement with Space Florida to
2444coordinate and cooperate in the development of spaceport
2445infrastructure and related transportation facilities contained
2446in the Strategic Intermodal System Plan and, where appropriate,
2447encourage the cooperation and integration of airports and
2448spaceports in order to meet transportation-related needs.
2449     Section 66.  Subsection (12) is added to section 445.004,
2450Florida Statutes, to read:
2451     445.004  Workforce Florida, Inc.; creation; purpose;
2452membership; duties and powers.--
2453     (12)  Workforce Florida, Inc., shall enter into agreement
2454with Space Florida and collaborate with vocational institutes,
2455community colleges, colleges, and universities in this state, to
2456develop a workforce development strategy to implement the
2457workforce provisions of s. 331.3051.
2458     Section 67.  Subsection (17) is added to section 1001.10,
2459Florida Statutes, read:
2460     1001.10  Commissioner of Education; general powers and
2461duties.--The Commissioner of Education is the chief educational
2462officer of the state, and is responsible for giving full
2463assistance to the State Board of Education in enforcing
2464compliance with the mission and goals of the seamless K-20
2465education system. To facilitate innovative practices and to
2466allow local selection of educational methods, the State Board of
2467Education may authorize the commissioner to waive, upon the
2468request of a district school board, State Board of Education
2469rules that relate to district school instruction and school
2470operations, except those rules pertaining to civil rights, and
2471student health, safety, and welfare. The Commissioner of
2472Education is not authorized to grant waivers for any provisions
2473in rule pertaining to the allocation and appropriation of state
2474and local funds for public education; the election,
2475compensation, and organization of school board members and
2476superintendents; graduation and state accountability standards;
2477financial reporting requirements; reporting of out-of-field
2478teaching assignments under s. 1012.42; public meetings; public
2479records; or due process hearings governed by chapter 120. No
2480later than January 1 of each year, the commissioner shall report
2481to the Legislature and the State Board of Education all approved
2482waiver requests in the preceding year. Additionally, the
2483commissioner has the following general powers and duties:
2484     (17)  To enter into agreement with Space Florida to develop
2485innovative aerospace-related education programs that promote
2486mathematics and science education for grades K-20.
2487
2488The commissioner's office shall operate all statewide functions
2489necessary to support the State Board of Education and the K-20
2490education system, including strategic planning and budget
2491development, general administration, and assessment and
2492accountability.
2493     Section 68.  The following appropriations are made to the
2494Governor's Office of Tourism, Trade, and Economic Development:
2495     (1)  From nonrecurring general revenue for fiscal year
24962006-2007:
2497     (a)  The sum of $35 million is appropriated to be used for
2498infrastructure needs related to the development of the National
2499Aeronautics and Space Administration's Crew Exploration Vehicle.
2500     (b)  The sum of $8 million is appropriated for
2501implementation of recommendations made by the Governor's
2502Commission on the Future of Space and Aeronautics in Florida,
2503including, but not limited to, commercial launch assistance and
2504spaceport development.
2505     (2)  From recurring general revenue for fiscal year 2006-
25062007 and annually thereafter:
2507     (a)  The sum of $3 million is appropriated for operational
2508needs of Space Florida. For fiscal year 2006-2007, funds may be
2509used for operating and transition expenses of the Florida Space
2510Authority, the Florida Aerospace Finance Corporation, and the
2511Florida Space Research Institute, not to exceed an amount equal
2512to one-quarter of their fiscal year 2005-2006 appropriated
2513budgets.
2514     (b)  The sum of $4 million is appropriated for
2515implementation of innovative education programs and financing
2516assistance for aerospace business development projects.
2517     Section 69.  This act shall take effect upon becoming a
2518law.


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