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; requiring current Florida Space
83Authority board members to complete their terms as
84appointees of the Space Florida board; requiring the
85Governor to appoint the remaining members of the board;
86providing for vacancies; providing for staffing; providing
87an effective date.
88
89Be It Enacted by the Legislature of the State of Florida:
90
91     Section 1.  Section 331.301, Florida Statutes, is amended
92to read:
93     331.301  Short title.--This act may be cited as the "Space
94Florida Space Authority Act."
95     Section 2.  Section 331.3011, Florida Statutes, is created
96to read:
97     331.3011  Legislative findings and intent.--
98     (1)  The Legislature finds and declares that the aerospace
99industry of this state is integral to the state's long-term
100success in diversifying its economy and building a knowledge-
101based economy that is able to support the creation of high
102value-added businesses and jobs. Further, under the direction of
103Space Florida, this state has the opportunity to strengthen its
104existing leadership in civil, commercial, and military aerospace
105activity and emerge as a leader in the nation's new vision for
106space exploration and commercial aerospace opportunities,
107including the integration of space, aeronautics, and aviation
108technologies. As the leading location for talent, research,
109advanced technologies and systems development, launch, and other
110aerospace-based industry activities, this state can position
111itself for sustainable economic growth and prosperity.
112     (2)  The Legislature finds that attaining this vision
113requires a strong public and private commitment to a world class
114aerospace industry. It is the intent of the Legislature that
115Space Florida will encourage the public and private sectors to
116work together to implement an aggressive strategy that enhances
117the state's workforce, education, and research capabilities,
118with emphasis on mathematics, science, engineering, and related
119fields; will focus on the state's economic development efforts
120in order to capture a larger share of activity in aerospace
121research, technology, production, and commercial operations,
122while maintaining the state's historical leadership in space
123launch activities; and will preserve the unique national role
124served by the Cape Canaveral Air Force Station and the John F.
125Kennedy Space Center by reducing costs and improving the
126regulatory flexibility for commercial sector launches while
127pursuing the development of complementary sites for commercial
128horizontal launches.
129     (3)  It is the intent of the Legislature that aerospace
130activities be highly visible and well-coordinated within this
131state. To that end, it is the intent of the Legislature that
132Space Florida will be the single point of contact for state
133aerospace-related activities with federal agencies, the
134military, state agencies, businesses, and the private sector.
135     Section 3.  Section 331.302, Florida Statutes, is amended
136to read:
137(Substantial rewording of section. See
138s. 331.302, F.S., for present text.)
139     331.302  Space Florida; creation; purpose.--
140     (1)  There is established, formed, and created Space
141Florida, which is created as an independent special district, a
142body politic and corporate, and a subdivision of the state, to
143foster the growth and development of a sustainable and world-
144leading aerospace industry in this state. Space Florida shall
145promote aerospace business development by facilitating business
146financing, spaceport operations, research and development,
147workforce development, and innovative education programs. Space
148Florida has all the powers, rights, privileges, and authority as
149provided under the laws of this state.
150     (2)  In carrying out its duties and responsibilities, Space
151Florida shall advise, coordinate, cooperate, and, when
152necessary, enter into memoranda of agreement with
153municipalities, counties, regional authorities, state agencies
154and organizations, appropriate federal agencies and
155organizations, and other interested persons and groups.
156     (3)  Space Florida may not endorse any candidate for any
157elected public office or contribute money to the campaign of any
158candidate for public office.
159     (4)  Space Florida is not an agency as defined in ss.
160216.011 and 287.012.
161     (5)  Space Florida is subject to applicable provisions of
162chapter 189. To the extent that any provisions of chapter 189
163conflict with this act, this act shall prevail.
164     Section 4.  Section 331.303, Florida Statutes, is amended
165to read:
166     331.303  Definitions.--
167     (1)  "Aerospace" means the industry that designs and
168manufactures aircraft, rockets, missiles, spacecraft,
169satellites, space vehicles, space stations, space facilities or
170components thereof, and equipment, systems, facilities,
171simulators, programs, and related activities, including, but not
172limited to, the application of aerospace technologies in air-
173based, land-based, and sea-based platforms for commercial,
174civil, and defense purposes. "Authority" means the Florida Space
175Authority created by this act.
176     (2)  "Board" or "board of directors supervisors" means the
177governing body of Space Florida the authority.
178     (3)  "Bonds" means revenue bonds, assessment bonds, or
179other bonds or obligations issued by Space Florida the authority
180for the purpose of raising financing for its projects.
181     (4)  "Business client" means any person, other than a state
182official or state employee, who receives the services of, or is
183the subject of solicitation by, representatives of Space Florida
184the authority in connection with the performance of its
185statutory duties, including purchasers or prospective purchasers
186of Space Florida authority services, persons or representatives
187of firms considering or being solicited for investment in Space
188Florida authority projects, persons or representatives of firms
189considering or being solicited for location, relocation, or
190expansion of an aerospace-related a space-related business
191within the state, and business, financial, or other persons
192connected with the aerospace space industry.
193     (5)  "Complementary activity" means any space business
194incubator, space tourism activity, educational involvement in an
195incubator, or space tourism and space-related research and
196development.
197     (6)  "Conduit bond" means any bond of the authority which
198is a nonrecourse obligation of the authority payable from the
199proceeds of such bonds and related financing agreements.
200     (5)(7)  "Cost" means all costs, fees, charges, expenses,
201and amounts associated with the development of projects by Space
202Florida the authority.
203     (6)(8)  "Entertainment expenses" means the actual,
204necessary, and reasonable costs of providing hospitality for
205business clients or guests, which costs are defined and
206prescribed by rules adopted by Space Florida the authority,
207subject to approval by the Chief Financial Officer.
208     (9)  "Federal aid" means any property, funding, or other
209financial assistance provided by the Federal Government to the
210authority for its projects.
211     (7)(10)  "Financing agreement" means a lease, lease-
212purchase agreement, lease with option to purchase, sale or
213installment sale agreement, whether title passes in whole or in
214part at any time before prior to, at, or after completion of the
215project, loan agreement, or other agreement forming the basis
216for the financing under this act, including any agreements,
217guarantees, or security instruments forming part of or related
218to providing assurance of payment of the obligations under the
219such financing agreement.
220     (8)(11)  "Guest" means a person, other than a state
221official or state employee, authorized by the board or its
222designee to receive the hospitality of Space Florida the
223authority in connection with the performance of its statutory
224duties.
225     (9)(12)  "Landing area" means the geographical area
226designated by Space Florida the authority within the spaceport
227territory for or intended for the landing and surface
228maneuvering of any launch or other space vehicle.
229     (10)(13)  "Launch pad" means any launch pad, runway,
230airstrip, or similar facility used by the spaceport or spaceport
231user for launching of space vehicles.
232     (11)(14)  "Payload" means any property or cargo to be
233transported aboard any vehicle launched by or from the
234spaceport.
235     (12)(15)  "Person" means any individual, child, community
236college, college, university, firm, association, joint venture,
237partnership, estate, trust, business trust, syndicate,
238fiduciary, corporation, nation, government (federal, state, or
239local), agency (government or other), subdivision of the state,
240municipality, county, business entity, or any other group or
241combination.
242     (13)(16)  "Project" means any activity associated with any
243development, improvement, property, launch, utility, facility,
244system, works, road, sidewalk, enterprise, service, or
245convenience, which may include coordination with federal and
246state partners or agencies Enterprise Florida, Inc., the Board
247of Education, the Florida Aerospace Finance Corporation, and the
248Florida Space Research Institute; any rocket, capsule, module,
249launch facility, assembly facility, operations or control
250facility, tracking facility, administrative facility, or any
251other type of aerospace-related space-related transportation
252vehicle, station, or facility; any type of equipment or
253instrument to be used or useful in connection with any of the
254foregoing; any type of intellectual property and intellectual
255property protection in connection with any of the foregoing
256including, without limitation, any patent, copyright, trademark,
257and service mark for, among other things, computer software; any
258water, wastewater, gas, or electric utility system, plant, or
259distribution or collection system; any small business incubator
260initiative, including any startup aerospace company, and any
261aerospace business proposing to expand or locate its business in
262this state, research and development company, research and
263development facility, education and workforce training facility,
264storage facility, and consulting service; or any tourism
265initiative, including any space experience attraction,
266microgravity flight program, aerospace launch-related space-
267launch-related activity, and space museum sponsored or promoted
268by Space Florida the authority.
269     (14)(17)  "Range" means the geographical area designated by
270Space Florida the authority or other appropriate body as the
271area for the launching of rockets, missiles, launch vehicles,
272and other vehicles designed to reach high altitude.
273     (15)(18)  "Recovery" means the recovery of space vehicles
274and payloads which have been launched from or by a the
275spaceport.
276     (16)(19)  "Spaceport" means any area of land or water, or
277any manmade object or facility located therein, developed by
278Space Florida the authority under this act, which area is
279intended for public use or for the launching, takeoff, and
280landing of spacecraft and aircraft, and includes any appurtenant
281areas which are used or intended for public use, for spaceport
282buildings, or for other spaceport facilities, spaceport
283projects, or rights-of-way.
284     (20)  "Spaceport Florida" means the authority or its
285facilities and projects.
286     (17)(21)  "Spaceport launch facilities" means shall be
287defined as industrial facilities as described in accordance with
288s. 380.0651(3)(c) and include any launch pad, launch control
289center, and fixed launch-support equipment.
290     (22)  "Spaceport system" means the programs, organizations,
291and infrastructure developed by the authority for the
292development of facilities or activities to enhance and provide
293commercial space-related development opportunities for business,
294education, and government within the state.
295     (18)(23)  "Spaceport territory" means the geographical area
296designated in s. 331.304 and as amended or changed in accordance
297with s. 331.329.
298     (19)(24)  "Spaceport user" means any person who uses the
299facilities or services of any spaceport; and, for the purposes
300of any exemptions or rights granted under this act, the said
301spaceport user shall be deemed a spaceport user only during the
302time period in which the such person has in effect a contract,
303memorandum of understanding, or agreement with the spaceport,
304and such rights and exemptions shall be granted with respect to
305transactions relating only to spaceport projects.
306     (20)(25)  "Travel expenses" means the actual, necessary,
307and reasonable costs of transportation, meals, lodging, and
308incidental expenses normally incurred by a traveler, which costs
309are defined and prescribed by rules adopted by Space Florida the
310authority, subject to approval by the Chief Financial Officer.
311     (21)(26)  "Spaceport discretionary capacity improvement
312projects" means capacity improvements that enhance space
313transportation capacity at spaceports that have had one or more
314orbital or suborbital flights during the previous calendar year
315or have an agreement in writing for installation of one or more
316regularly scheduled orbital or suborbital flights upon the
317commitment of funds for stipulated spaceport capital
318improvements.
319     Section 5.  Section 331.305, Florida Statutes, is amended
320to read:
321     331.305  Powers of Space Florida the authority.--Space
322Florida may The authority shall have the power to:
323     (1)  Exercise all powers granted to corporations under the
324Florida Business Corporation Act, chapter 607.
325     (1)(2)  Sue and be sued by its name in any court of law or
326in equity.
327     (2)(3)  Adopt and use a corporate seal and alter the same
328at pleasure.
329     (3)  Conduct its affairs, carry on its operations, and have
330offices and exercise the powers granted by this act in any
331state, territory, district, or possession of the United States
332or any foreign country.
333     (4)  Acquire, enjoy, use, and dispose of patents,
334copyrights, and trademarks and any licenses and other rights or
335interests under or in such licenses.
336     (5)  Purchase, take, receive, subscribe for, or otherwise
337acquire, own, hold, vote, use, employ, sell, mortgage, lend,
338pledge, or otherwise dispose of and otherwise use and deal in
339and with shares and other interests in, or obligations of, other
340domestic or foreign corporations, whether for profit or not for
341profit, associations, partnerships, or individuals, or direct or
342indirect obligations of the United States, or of any other
343government, state, territory, governmental district,
344municipality, or of any instrumentality of such governmental
345units.
346     (6)  Lend money for its purposes, invest and reinvest its
347funds, and take and hold real and personal property as security
348for the payment of funds loaned.
349     (7)  Have and exercise all powers necessary or convenient
350to effect any or all of the purposes for which it is organized.
351     (4)  Review and make recommendations with respect to a
352strategy to guide and facilitate the future of space-related
353educational and commercial development. The authority shall in
354coordination with the Federal Government, private industry, and
355Florida universities develop a business plan which shall address
356the expansion of Spaceport Florida locations, space launch
357capacity, spaceport projects, and complementary activities,
358which shall include, but not be limited to, a detailed analysis
359of:
360     (a)  The authority and the commercial space industry.
361     (b)  Products, services description--potential,
362technologies, skills.
363     (c)  Market research and evaluation--customers,
364competition, economics.
365     (d)  Marketing plan and strategy.
366     (e)  Design and development plan--tasks, difficulties,
367costs.
368     (f)  Manufacturing locations, facilities, and operations
369plan.
370     (g)  Management organization--roles and responsibilities.
371     (h)  Overall schedule (monthly).
372     (i)  Important risks, assumptions, and problems.
373     (j)  Community impact--economic, human development,
374community development.
375     (k)  Financial plan (monthly for first year; quarterly for
376next 3 years).
377     (l)  Proposed authority offering--financing,
378capitalization, use of funds.
379     (8)(5)  Acquire property, real, personal, intangible,
380tangible, or mixed, within or without its territorial limits, in
381fee simple or any lesser interest or estate, by purchase, gift,
382devise, or lease, on such terms and conditions as the board may
383deem necessary or desirable, and sell or otherwise dispose of
384the same and of any of the assets and properties of Space
385Florida the authority.
386     (9)(6)  Make and execute any and all contracts and other
387instruments necessary or convenient to the exercise of its
388powers, including financing agreements with persons or spaceport
389users to facilitate the financing, construction, leasing, or
390sale of any project.
391     (10)(7)  Whenever deemed necessary by the board, lease as
392lessor or lessee to or from any person, public or private, any
393facilities or property for the use of Space Florida the
394authority and carry out any of the purposes of Space Florida the
395authority.
396     (8)  Appoint, through its board of supervisors, an
397executive director.
398     (11)(9)  Own, acquire, construct, develop, create,
399reconstruct, equip, operate, maintain, extend, and improve
400launch pads, landing areas, ranges, payload assembly buildings,
401payload processing facilities, laboratories, aerospace space
402business incubators, launch vehicles, payloads, space flight
403hardware, facilities and equipment for the construction of
404payloads, space flight hardware, rockets, and other launch
405vehicles, and other spaceport facilities and other aerospace-
406related space-related systems, including educational, cultural,
407and parking facilities and aerospace-related space-related
408initiatives.
409     (10)  Undertake a program of advertising to the public
410promoting space-related businesses or any spaceport projects of
411the authority, and expend moneys and undertake such activities
412to carry out such advertising and promotional program as the
413board from time to time may determine.
414     (12)(11)  Own, acquire, construct, reconstruct, equip,
415operate, maintain, extend, or and improve transportation
416facilities appropriate to meet the transportation requirements
417of Space Florida the authority and activities conducted within
418the spaceport territory.
419     (13)(12)  Own, acquire, construct, reconstruct, equip,
420operate, maintain, extend, or and improve electric power plants,
421transmission lines and related facilities, gas mains and
422facilities of any nature for the production or distribution of
423natural gas, transmission lines and related facilities and
424plants and facilities for the generation and transmission of
425power through traditional and new and experimental sources of
426power and energy; purchase electric power, natural gas, and
427other sources of power for distribution within any spaceport
428territory; develop and operate water and sewer systems and waste
429collection and disposal consistent with chapter 88-130, Laws of
430Florida; and develop and operate such new and experimental
431public utilities, including, but not limited to, centrally
432distributed heating and air-conditioning facilities and
433services, closed-circuit television systems, and computer
434services and facilities, as the board may from time to time
435determine. However, Space Florida may the authority shall not
436construct any system, work, project, or utility authorized to be
437constructed under this paragraph in the event that a system,
438work, project, or utility of a similar character is being
439actually operated by a municipality or private company in the
440municipality or territory adjacent thereto, unless such
441municipality or private company consents to such construction.
442     (14)(13)  Designate, set aside, and maintain lands and
443areas within or without the territorial limits of any spaceport
444territory as conservation areas or bird and wildlife
445sanctuaries; stock such areas with animal and plant life and
446stock water areas with fish and other aquatic life; adopt
447pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
448rules and regulations with respect thereto and protect and
449preserve the natural beauty thereof; and do all acts necessary
450or desirable in order to qualify such lands and areas as
451conservation areas and sanctuaries under any of the laws of the
452state or under federal law.
453     (15)(14)  Establish a program for the control, abatement,
454and elimination of mosquitoes and other noxious insects,
455rodents, reptiles, and other pests throughout the spaceport
456territory and undertake such works and construct such facilities
457within or without the spaceport territory as may be determined
458by the board to be needed to effectuate such program; abate and
459suppress mosquitoes and other arthropods, whether disease-
460bearing or pestiferous, within any spaceport territory when in
461the judgment of the board such action is necessary or desirable
462for the health and welfare of the inhabitants of or visitors to
463any spaceport; and take any and all temporary or permanent
464eliminative measures that the board may deem advisable. The
465Legislature hereby finds and declares Space Florida the
466authority eligible to receive state funds, supplies, services,
467and equipment available or that may in the future become
468available to mosquito or pest control districts, the provisions
469of s. 388.021 notwithstanding.
470     (16)(15)  Subject to the rules and regulations of the
471appropriate water management district, own, acquire, construct,
472reconstruct, equip, maintain, operate, extend, and improve water
473and flood control facilities. The Legislature hereby finds and
474declares Space Florida the authority eligible to receive moneys,
475disbursements, and assistance from the state available to flood
476control or water management districts and navigation districts
477or agencies.
478     (17)(16)  Own, acquire, construct, reconstruct, equip,
479maintain, operate, extend, and improve public safety facilities
480for the spaceport, including security stations, security
481vehicles, fire stations, water mains and plugs, and fire trucks
482and other vehicles and equipment; hire employees, security
483officers, and firefighters; and undertake such works and
484construct such facilities determined by the board to be
485necessary or desirable to promote and ensure public safety
486within the spaceport territory.
487     (18)(17)  Hire, through its president executive director, a
488safety officer with substantial experience in public safety
489procedures and programs for space vehicle launching and related
490hazardous operations. The safety officer shall monitor and
491report on the safety and hazards of ground-based space
492operations to the president executive director.
493     (18)  Establish a personnel management system for hiring
494employees and setting employee benefit packages. The personnel
495of the authority shall not be considered to be within the state
496employment system.
497     (19)  Establish procedures, rules, and rates governing per
498diem and travel expenses of its employees, the members of the
499board of supervisors, and other persons authorized by the board
500to incur such expenses. Except as otherwise provided in s.
501331.3101, such rules are subject to provisions of state law or
502rules pertaining to per diem and travel expenses of public
503officers, employees, or other persons authorized by an agency
504head to incur such expenses.
505     (19)(20)  Examine, develop, and use utilize new concepts,
506designs, and ideas; own, acquire, construct, reconstruct, equip,
507operate, maintain, extend, and improve experimental spaceport
508facilities and services; and otherwise undertake, sponsor,
509finance, and maintain such research activities, experimentation,
510and development as the board may from time to time determine, in
511connection with any of the projects that Space Florida the
512authority is authorized to undertake pursuant to the powers and
513authority vested in it by this act, and in order to promote the
514development and utilization of new concepts, designs, and ideas
515in the fields of space exploration, commercialization of the
516space industry, and spaceport facilities.
517     (20)(21)  Issue revenue bonds, assessment bonds, or any
518other bonds or obligations authorized by the provisions of this
519act or any other law, or any combination of the foregoing, and
520pay all or part of the cost of the acquisition, construction,
521reconstruction, extension, repair, improvement, or maintenance
522of any project or combination of projects, including payloads
523and space flight hardware, and equipment for research,
524development, and educational activities, to provide for any
525facility, service, or other activity of Space Florida the
526authority, and provide for the retirement or refunding of any
527bonds or obligations of Space Florida the authority, or for any
528combination of the foregoing purposes. Space Florida The
529authority must provide 14 days' notice to the presiding officers
530and appropriations chairs of both houses of the Legislature
531prior to presenting a bond proposal to the Governor and Cabinet.
532If either presiding officer or appropriations chair objects to
533the bonding proposal within the 14-day-notice period, the bond
534issuance may be approved only by a vote of three-fourths two-
535thirds of the members of the Governor and Cabinet.
536     (21)(22)  Make expenditures for entertainment and travel
537expenses and business clients, guests, and other authorized
538persons as provided in this act.
539     (22)(23)  In connection with any financing agreement, fix
540and collect fees, loan payments, rental payments, and other
541charges for the use of any project in such amount as to provide
542sufficient moneys to pay the principal of and interest on bonds
543as the same shall become due and payable, if so provided in the
544bond resolution or trust agreement, and to create reserves for
545such purposes. The fees, rents, payments, and charges and all
546other revenues and proceeds derived from the project in
547connection with which the bonds of any issue shall have been
548issued, except such part thereof as may be necessary for such
549reserves or any expenditures as may be provided in the
550resolution authorizing the issuance of the bonds or in the trust
551agreement securing the same, shall be set aside, at the time as
552may be specified in the resolution or trust agreement, in a
553sinking fund which may be pledged to and charged with the
554payment of the principal of and the interest on such bonds as
555the same shall become due and the redemption price or the
556purchase price of bonds retired by call or purchase as therein
557provided. Such pledge is shall be valid and binding from the
558time the pledge is made. The fees, rents, charges, and other
559revenues and moneys so pledged and thereafter received by or on
560behalf of Space Florida the authority shall immediately be
561subject to the lien of any such pledge without any physical
562delivery thereof or further act, and the lien of any such pledge
563is shall be valid and binding as against all parties having
564claims of any kind in tort, contract, or otherwise against Space
565Florida the authority, irrespective of whether such parties have
566notice thereof. Neither the resolution nor any trust agreement
567by which a pledge is created need be filed or recorded, except
568in the records of Space Florida the authority. The use and
569disposition of money to the credit of the sinking fund shall be
570subject to the provisions of the resolution authorizing the
571issuance of such bonds or the provisions of such trust
572agreement.
573     (24)  Exercise the right and power of eminent domain in
574spaceport territory as defined in s. 331.304. In exercising such
575power, the authority shall comply with the procedures and
576requirements of chapters 73 and 74.
577     Section 6.  Section 331.3051, Florida Statutes, is created
578to read:
579     331.3051  Duties of Space Florida.--Space Florida shall:
580     (1)  Create a business plan to foster the growth and
581development of the aerospace industry. The business plan must
582address business development; finance; spaceport operations;
583research and development; workforce development; and education.
584The business plan must be completed by March 1, 2007, and be
585revised when determined as necessary by the board.
586     (2)  Enter into agreement with the Department of Education,
587the Department of Transportation, Enterprise Florida, Inc., and
588Workforce Florida, Inc., for the purpose of implementing this
589act.
590     (3)  In cooperation with Enterprise Florida, Inc., develop
591a plan to retain, expand, attract, and create aerospace industry
592entities, public or private, which results in the creation of
593high-value-added businesses and jobs in this state.
594     (4)  Create a marketing campaign to help attract, develop,
595and retain aerospace businesses, aerospace research and
596technology, and other related activities in this state. Space
597Florida shall attempt to coordinate the campaign with existing
598economic-development-promotion efforts in this state and may use
599private resources. Marketing strategies may include developing
600promotional materials, Internet and print advertising, public
601relations and media placement, trade show attendance, and other
602activities.
603     (5)  Consult with the Florida Commission on Tourism in
604developing a space tourism marketing plan. Space Florida and the
605Florida Commission on Tourism may enter into a mutually
606beneficial agreement that provides funding to the commission for
607its services to implement this subsection.
608     (6)  Develop, in cooperation with Enterprise Florida, Inc.,
609a plan to provide financing assistance to aerospace businesses.
610The plan may include the following activities:
611     (a)  Assembling, publishing, and disseminating information
612concerning financing opportunities and techniques for aerospace
613projects, programs, and activities; sources of public and
614private aerospace financing assistance; and sources of
615aerospace-related financing.
616     (b)  Organizing, hosting, and participating in seminars and
617other forums designed to disseminate information and technical
618assistance regarding aerospace-related financing.
619     (c)  Coordinating with programs and goals of the Department
620of Defense, the National Aeronautics and Space Administration,
621the Export-Import Bank of the United States, the International
622Trade Administration of the United States Department of
623Commerce, the Foreign Credit Insurance Association, and other
624private and public programs and organizations, domestic and
625foreign.
626     (d)  Establishing a network of contacts among those
627domestic and foreign public and private organizations that
628provide information, technical assistance, and financial support
629to the aerospace industry.
630     (e)  Financing aerospace business development projects or
631initiatives using funds provided by the Legislature.
632     (7)  Carry out its responsibilities for spaceport
633operations by:
634     (a)  Seeking federal support and developing partnerships to
635renew and upgrade the infrastructure and technologies at the
636Cape Canaveral Air Force Station, the John F. Kennedy Space
637Center, and the Eastern Range that will enhance space and
638military programs of the Federal Government, and improve access
639for commercial launch activities.
640     (b)  Supporting federal efforts to clarify roles and
641responsibilities of federal agencies and eliminate duplicative
642federal rules and policies, in an effort to streamline access
643for commercial launch users.
644     (c)  Pursuing the development of commercial spaceports in
645the state, in addition to those defined in s. 331.304, through a
646competitive request for proposals in partnership with counties
647or municipalities, the Federal Government, or private entities.
648     (d)  Promoting and facilitating launch activity within the
649state by supporting and assisting commercial launch operators in
650completing and submitting required documentation and gaining
651approvals and authorization from the required federal agencies
652for launching from Florida.
653     (e)  Consulting, as necessary, with the appropriate
654federal, state, and local authorities, including the National
655Aeronautics and Space Administration, the Federal Aviation
656Administration, the Department of Defense, the Department of
657Transportation, the Florida National Guard, and industry on all
658aspects of establishing and operating spaceport infrastructure
659and related facilities within the state.
660     (8)  Carry out its responsibility for research and
661development by:
662     (a)  Contracting for the operations of the state's Space
663Life Sciences Laboratory.
664     (b)  Working in collaboration with one or more public or
665private universities and other public or private entities to
666develop a proposal for a Center of Excellence for Aerospace that
667will foster and promote the research necessary to develop
668commercially promising, advanced, and innovative science and
669technology and will transfer those discoveries to the commercial
670sector.
671     (9)  Carry out its responsibility for workforce development
672by coordinating with Workforce Florida, Inc., community
673colleges, colleges, public and private universities, and other
674public and private partners to develop a plan to retain, train,
675and retrain workers, from entry-level skills training through to
676technician-level, and 4-year degrees and higher, with the skills
677most relevant to aerospace employers.
678     (10)  Carry out its responsibility for creating innovative
679education programs by funding programs developed in conjunction
680with the Department of Education that target grades K-20 in an
681effort to promote mathematics and science education programs,
682which may include the Florida-NASA Matching Grant Program,
683aerospace-focused education programs for teachers, education-
684oriented microgravity flight programs for teachers and students,
685and Internet-based aerospace education. Funds appropriated and
686any in-kind or private-sector contributions may be used to carry
687out innovative education programs. Funding levels shall be
688determined by the Space Florida board of directors. In its
689annual report, Space Florida shall include, at a minimum, a
690description of programs funded, the number of students served,
691and private-sector support.
692     (11)  Annually report on its performance with respect to
693its business plan, to include finance, spaceport operations,
694research and development, workforce development, and education.
695The report shall be submitted to the Governor, the President of
696the Senate, and the Speaker of the House of Representatives no
697later than September 1 for the prior fiscal year.
698     Section 7.  Section 331.306, Florida Statutes, is amended
699to read:
700     331.306  Federal airspace notification.--In accordance
701coordination with Federal Aviation Administration procedures the
702Florida Department of Transportation, Space Florida the
703authority shall develop and file the appropriate federal
704airspace notification to activate special-use airspace in
705support of its launch operations required for priority airspace
706use.
707     Section 8.  Section 331.308, Florida Statutes, is amended
708to read:
709     331.308  Board of directors supervisors.--
710     (1)  Space Florida shall be governed by a board of
711directors. Designees of appointed members do not have voting
712authority. The board of directors shall consist of the following
713members:
714     (a)  The Governor or the Governor's designee.
715     (b)  The Secretary of Transportation or the secretary's
716designee.
717     (c)  The president of Workforce Florida, Inc., or the
718president's designee.
719     (d)  The president of Enterprise Florida, Inc., or the
720president's designee.
721     (e)  The Commissioner of Education or the commissioner's
722designee.
723     (f)  Twelve members from the private sector, one of whom
724shall be a representative of organized labor with professional
725experience in the aerospace industry, appointed by the Governor.
726In making these appointments, the Governor shall ensure that the
727composition of the board reflects the diversity of the aerospace
728industry community of this state and, to the greatest degree
729possible, that the composition of the board includes, but is not
730limited to, at least one individual from each of the industries
731of business, finance, marketing, space, aerospace, aviation,
732defense, research and development, and education. The Governor
733shall also consider whether the current members of the board,
734together with potential appointees, reflect the racial, ethnic,
735and gender diversity, as well as the geographic distribution, of
736the population of the state.
737     (g)  Two ex officio, nonvoting members, one of whom shall
738be a member of the Senate, selected by the President of the
739Senate, and one of whom shall be a member of the House of
740Representatives, selected by the Speaker of the House of
741Representatives.
742     (2)(a)  Vacancies on the board shall be filled for the
743unexpired term in the same manner as the original appointments
744to the board.
745     (b)  Each member of the board of directors shall serve for
746a term of 4 years, except that the initial terms shall be
747staggered.
748     1.  The Governor shall appoint two members for a 1-year
749term, four members for 2-year terms, and six members for 4-year
750terms.
751     2.  The appointees of the President of the Senate and the
752Speaker of the House of Representatives shall serve at the
753pleasure of their presiding officers.
754     (c)  Any member is eligible for reappointment.
755     (3)  Appointed members may be removed by the Governor for
756cause. Absence from three consecutive meetings without good
757cause shall result in automatic removal by the Governor.
758     (4)  All private sector members are subject to confirmation
759by the Senate at the next regular session of the Legislature.
760     (5)  The Governor shall serve as chair of the board of
761directors. The board of directors shall biennially elect one of
762its private sector members as vice chair to serve in the absence
763of the Governor and to perform such other duties as may be
764designated. The president shall keep a record of the proceedings
765of the board of directors and shall be the custodian of all
766books, documents, and papers filed with the board of directors,
767the minutes of the board of directors, and the official seal of
768Space Florida.
769     (6)  The board of directors shall meet at least four times
770each year, upon the call of the chair, at the request of the
771vice chair, or at the request of a majority of the membership. A
772majority of the total number of current voting directors shall
773constitute a quorum. The board of directors may take official
774action by a majority vote of the members present at any meeting
775at which a quorum is present.
776     (7)  Members of the board of directors shall serve without
777compensation, but members, the president, and staff may be
778reimbursed for all reasonable, necessary, and actual expenses,
779as determined by the board of directors of Space Florida
780pursuant to s. 112.061.
781     (8)  Each member of the board of directors of Space Florida
782who is not otherwise required to file financial disclosure
783pursuant to s. 8, Art. II of the State Constitution or s.
784112.3144, shall file disclosure of financial interests pursuant
785to s. 112.3145. There is created within the Florida Space
786Authority a board of supervisors consisting of eight regular
787members, who shall be appointed by the Governor, and two ex
788officio nonvoting members, one of whom shall be a state senator
789selected by the President of the Senate and one of whom shall be
790a state representative selected by the Speaker of the House of
791Representatives. The Lieutenant Governor, who is the state's
792space policy leader, shall serve as chair of the board of
793supervisors, and shall cast the deciding vote if the votes of
794the eight regular members result in a tie. The board shall elect
795a vice chair to preside in the absence of the Lieutenant
796Governor and to perform such other duties as may be designated.
797All regular members shall be subject to confirmation by the
798Senate at the next regular session of the Legislature. Existing
799board members are not prohibited from reappointment. Each of the
800regular board members must be a resident of the state and must
801have experience in the aerospace or commercial space industry or
802in finance or have other significant relevant experience. A
803private sector legal entity may not have more than one person
804serving on the board at any one time. One regular member shall
805represent organized labor interests, one regular member shall
806represent minority interests, and four regular members must
807represent space industry, at least one of whom must also be from
808a small business, as defined in s. 288.703. For the purpose of
809this section, "space industry" includes private sector entities
810engaged in space flight business, as defined in s. 212.031,
811research and technology development of space-based products and
812services, space station commercialization, development of
813spaceport and range technology, remote sensing products and
814services, space biotechnology, measurement and calibration of
815space assets, space-related software and information technology
816development, design and architecture of space-based assets and
817facilities for manufacturing and other purposes, space-related
818nanotechnology, space tourism, and other commercial enterprises
819utilizing uniquely space-based capabilities.
820     (2)  Each regular member shall serve a term of 4 years or
821until a successor is appointed and qualified. The term of each
822such member shall be construed to commence on the date of
823appointment and to terminate on June 30 of the year of the end
824of the term. Appointment to the board shall not preclude any
825such member from holding any other private or public position.
826     (3)  The ex officio nonvoting legislative members shall
827serve on the board for 2-year terms.
828     (4)  Any vacancy on the board shall be filled for the
829balance of the unexpired term.
830     (5)  The board shall appoint an executive director.
831Meetings shall be held quarterly or more frequently at the call
832of the chair. A majority of the regular members of the board
833shall constitute a quorum, and a majority vote of such members
834present is necessary for any action taken by the board.
835     (6)  The Governor has the authority to remove from the
836board any regular member in the manner and for cause as defined
837by the laws of this state and applicable to situations that may
838arise before the board. Unless excused by the chair of the
839board, a regular member's absence from two or more consecutive
840board meetings creates a vacancy in the office to which the
841member was appointed.
842     Section 9.  Section 331.309, Florida Statutes, is amended
843to read:
844     331.309  Treasurer; depositories; fiscal agent.--
845     (1)  The board shall designate an individual who is a
846resident of the state, or a qualified public depository as
847defined in s. 280.02, as treasurer of Space Florida the
848authority, who shall have charge of the funds of Space Florida
849the authority. Such funds shall be disbursed only upon the order
850of or pursuant to the resolution of the board by warrant, check,
851authorization, or direct deposit pursuant to s. 215.85, signed
852or authorized by the treasurer or his or her representative or
853by such other persons as may be authorized by the board. The
854board may give the treasurer such other or additional powers and
855duties as the board may deem appropriate and shall establish the
856treasurer's compensation. The board may require the treasurer to
857give a bond in such amount, on such terms, and with such
858sureties as may be deemed satisfactory to the board to secure
859the performance by the treasurer of his or her powers and
860duties. The board shall audit or have audited the books of the
861treasurer at least once a year.
862     (2)  The board is authorized to select as depositories in
863which the funds of the board and of Space Florida the authority
864shall be deposited any qualified public depository as defined in
865s. 280.02, upon such terms and conditions as to the payment of
866interest by such depository upon the funds so deposited as the
867board may deem just and reasonable. Funds of the authority may
868also be deposited with the Florida Commercial Space Financing
869Corporation created by s. 331.407. The funds of Space Florida
870the authority may be kept in or removed from the State Treasury
871upon written notification from the chair of the board to the
872Chief Financial Officer.
873     (3)  The board may employ a fiscal agent, who shall be
874either a resident of the state or a corporation organized under
875the laws of this or any other state and authorized by such laws
876to act as such fiscal agent in the state.
877     Section 10.  Section 331.310, Florida Statutes, is amended
878to read:
879     331.310  Powers and duties of the board of directors
880supervisors.--Except as otherwise provided in this act, all of
881the powers and duties of the authority shall be exercised by and
882through the board of supervisors, including the power and duty
883to:
884     (1)  The board of directors may: Adopt bylaws, rules,
885resolutions, and orders prescribing the powers, duties, and
886functions of the officers of the authority, the conduct of the
887business of the authority, the maintenance of records, and the
888form of all documents and records of the authority. The board
889may adopt administrative rules and regulations with respect to
890any of the projects of the authority, with notice and public
891hearing.
892     (2)  Maintain an executive office and authority offices in
893close proximity to Kennedy Space Center.
894     (a)(3)  Enter, and authorize any agent or employee of Space
895Florida the authority to enter, upon any lands, waters, and
896premises, upon giving reasonable notice and due process to the
897land owner, for the purposes of making surveys, soundings,
898drillings, appraisals, and examinations necessary to perform its
899duties and functions. Any such entry shall not be deemed a
900trespass or an entry that would constitute a taking in an
901eminent domain proceeding. Space Florida The authority shall
902make reimbursement for any actual damages to such lands, waters,
903and premises as a result of such activity.
904     (b)(4)  Execute all contracts and other documents, adopt
905all proceedings, and perform all acts determined by the board to
906be necessary or desirable to carry out the purposes of this act.
907The board may authorize one or more members of the board to
908execute contracts and other documents on behalf of the board or
909Space Florida the authority.
910     (c)(5)  Establish and create such departments, committees,
911or other entities agencies as from time to time the board may
912deem necessary or desirable in the performance of any acts or
913other things necessary to the exercise of the powers provided in
914this act, and delegate to such departments, boards, or other
915entities agencies such administrative duties and other powers as
916the board may deem necessary or desirable.
917     (d)  Provide financial services to support aerospace-
918related business development within the state. Financial
919services may include, but are not limited to, insuring,
920coinsuring, or originating for sale direct aerospace-related
921loans; direct lending; guaranteeing and collateralizing loans;
922creating accounts; capitalizing, underwriting, leasing, selling,
923or securing funding for aerospace-related infrastructure;
924investing in permissible securities; organizing financial
925institutions and international bank syndicates; and acquiring,
926accepting, or administering grants, contracts, and fees from
927other organizations to perform activities that are consistent
928with the purposes of Space Florida's business plan. If the board
929deems a financial services entity is necessary, the board may
930create, form, or contract with one or more such entities.
931     (6)  Appoint a person to act as executive director of the
932authority, having such official title, functions, duties,
933powers, and salary as the board may prescribe.
934     (e)(7)  Examine, and authorize any officer or agent of
935Space Florida the authority to examine, the county tax rolls
936with respect to the assessed valuation of the real and personal
937property within any spaceport territory.
938     (f)(8)  Engage in the planning and implementation of space-
939related economic and educational development within the state.
940     (g)  Provide the strategic direction for the aerospace-
941related research priorities of the state and its aerospace-
942related businesses.
943     (h)(9)  Execute intergovernmental agreements and
944development agreements consistent with prevailing statutory
945provisions, including, but not limited to, special benefits or
946tax increment financing initiatives.
947     (i)(10)  Establish reserve funds for future board
948operations.
949     (j)(11)  Adopt rules pursuant to chapter 120 to carry out
950the purposes of this act.
951     (2)  The board of directors shall:
952     (a)  Adopt rules and orders to conduct the business of
953Space Florida, the maintenance of records, and the form of all
954documents and records of Space Florida. The board may adopt
955rules with respect to any of the projects of Space Florida with
956notice and a public hearing.
957     (b)  Maintain an executive office and Space Florida offices
958in close proximity to the John F. Kennedy Space Center.
959     (c)  Appoint a person to act as the president of Space
960Florida, having such official title, functions, duties, powers,
961and salary as the board may prescribe.
962     (d)(12)  Abide by all applicable federal labor laws in the
963construction and day-to-day operations of Space Florida the
964authority and any spaceport. Further, the board shall establish,
965by rule and regulation, pursuant to chapter 120, policies and
966procedures for the construction and operation of Space Florida
967the authority and any spaceport. The Said policies and
968procedures shall be such that when Space Florida the authority
969expends federal funds for construction or operation of any
970spaceport project, Space Florida the authority will be subject
971to the federal labor laws observed at the John F. Kennedy Space
972Center and Cape Canaveral Air Force Station, Florida, applicable
973as a result of such federal expenditures.
974     (e)(13)  Prepare an annual report of operations. The Said
975report shall include, but not be limited to, a balance sheet, an
976income statement, a statement of changes in financial position,
977a reconciliation of changes in equity accounts, a summary of
978significant accounting principles, the auditor's report, a
979summary of the status of existing and proposed bonding projects,
980comments from management about the year's business, and
981prospects for the next year, which shall be submitted each year
982by November 30 to the Governor, the President of the Senate, the
983Speaker of the House of Representatives, the minority leader of
984the Senate, and the minority leader of the House of
985Representatives.
986     (f)  Establish a personnel management system.
987     (14)  Change the name of the authority.
988     Section 11.  Section 331.3101, Florida Statutes, is amended
989to read:
990     331.3101  Space Florida Space Authority; travel and
991entertainment expenses.--
992     (1)  Notwithstanding the provisions of s. 112.061, Space
993Florida the authority shall adopt rules by which it may make
994expenditures by advancement or reimbursement, or a combination
995thereof, to Space Florida authority officers and employees;
996reimburse business clients, guests, and authorized persons as
997defined in s. 112.061(2)(e); and make direct payments to third-
998party vendors:
999     (a)  For travel expenses of such business clients, guests,
1000and authorized persons incurred by Space Florida the authority
1001in connection with the performance of its statutory duties, and
1002for travel expenses incurred by state officials and state
1003employees while accompanying such business clients, guests, or
1004authorized persons or when authorized by the board or its
1005designee.
1006     (b)  For entertainment expenses of such guests, business
1007clients, and authorized persons incurred by Space Florida the
1008authority in connection with the performance of its statutory
1009duties, and for entertainment expenses incurred for Space
1010Florida authority officials and employees when such expenses are
1011incurred while in the physical presence of such business
1012clients, guests, or authorized persons.
1013     (2)  The rules shall be subject to approval by the Chief
1014Financial Officer before adoption prior to promulgation. The
1015rules shall require the submission of paid receipts, or other
1016proof prescribed by the Chief Financial Officer, with any claim
1017for reimbursement, and shall require, as a condition for any
1018advancement, an agreement to submit paid receipts or other proof
1019and to refund any unused portion of the advancement within 15
1020days after the expense is incurred or, if the advancement is
1021made in connection with travel, within 15 days after completion
1022of the travel. However, with respect to an advancement made
1023solely for travel expenses, the rules may allow paid receipts or
1024other proof to be submitted, and any unused portion of the
1025advancement to be refunded, within 30 days after completion of
1026the travel.
1027     (3)  An annual report shall be made to the Legislature not
1028later than November 30 of each year for the previous fiscal
1029year, which shall consist of a synopsis concisely summarizing
1030all travel, entertainment, and incidental expenses incurred
1031within the United States and, separately, all travel,
1032entertainment, and incidental expenses incurred outside the
1033United States.
1034     (4)  A No claim submitted under this section is not shall
1035be required to be sworn to before a notary public or other
1036officer authorized to administer oaths, but any claim authorized
1037or required to be made under any provision of this section must
1038shall contain a statement that the expenses were actually
1039incurred as necessary travel or entertainment expenses in the
1040performance of official duties of Space Florida the authority
1041and shall be verified by written declaration that it is true and
1042correct as to every material matter. Any person who willfully
1043makes and subscribes to any such claim which the person does not
1044believe to be true and correct as to every material matter or
1045who willfully aids or assists in, or procures, counsels, or
1046advises, the preparation or presentation of a claim pursuant to
1047this section, which claim is fraudulent or false as to any
1048material matter, whether or not such falsity or fraud is with
1049the knowledge or consent of the person authorized or required to
1050present such claim, commits a misdemeanor of the second degree,
1051punishable as provided in s. 775.082 or s. 775.083. Whoever
1052receives an advancement or reimbursement by means of a false
1053claim is civilly liable, in the amount of the overpayment, for
1054the reimbursement of the public fund from which the claim was
1055paid.
1056     Section 12.  Section 331.311, Florida Statutes, is amended
1057to read:
1058     331.311  Exercise by Space Florida authority of its powers
1059within municipalities and other political subdivisions.--Space
1060Florida may The authority shall have the power to exercise any
1061of its rights, powers, privileges, and authority in any and all
1062portions of any spaceport territory lying within the boundaries
1063of any municipal corporation or other political subdivision,
1064heretofore or hereafter created or organized, whose boundaries
1065lie wholly or partly within the geographical limits of the
1066spaceport territory, to the same extent and in the same manner
1067as in areas of the spaceport territory not incorporated as part
1068of a municipality or other political subdivision. With respect
1069to any municipal corporation or other political subdivision
1070whose boundaries lie partly within and partly without the
1071geographical limits of the spaceport territory, Space Florida
1072may the authority shall have the power to exercise its rights,
1073powers, privileges, and authority only within the portion of the
1074such municipal corporation or other political subdivision lying
1075within the boundaries of the spaceport territory.
1076     Section 13.  Section 331.312, Florida Statutes, is amended
1077to read:
1078     331.312  Furnishing facilities and services within the
1079spaceport territory.--Space Florida may The authority shall have
1080the power to construct, develop, create, maintain, and operate
1081its projects within the geographical limits of the spaceport
1082territory, including any portions of the spaceport territory
1083located inside the boundaries of any incorporated municipality
1084or other political subdivision, and to offer, supply, and
1085furnish the facilities and services provided for in this act to,
1086and to establish and collect fees, rentals, and other charges
1087from, persons, public or private, within the geographical limits
1088of the spaceport territory and for the use of Space Florida the
1089authority itself.
1090     Section 14.  Section 331.313, Florida Statutes, is amended
1091to read:
1092     331.313  Power of Space Florida the authority with respect
1093to roads.--Within the territorial limits of any spaceport
1094territory, Space Florida may the authority has the right to
1095acquire, through purchase or interagency agreement, or as
1096otherwise provided in law, and to construct, control, and
1097maintain, roads deemed necessary by Space Florida the authority
1098and connections thereto and extensions thereof now or hereafter
1099acquired, constructed, or maintained in accordance with
1100established highway safety standards; provided that, in the
1101event a road being addressed by Space Florida the authority is
1102owned by another agency or jurisdiction, Space Florida the
1103authority, before prior to proceeding with the proposed project
1104or work activity, shall have either coordinated the desired work
1105with the owning agency or jurisdiction or shall have
1106successfully executed an interagency agreement with the owning
1107agency or jurisdiction.
1108     Section 15.  Section 331.316, Florida Statutes, is amended
1109to read:
1110     331.316  Rates, fees, rentals, tolls, fares, and charges;
1111procedure for adoption and modification; minimum revenue
1112requirements.--
1113     (1)  To recover the costs of the spaceport facility or
1114system, Space Florida may the authority shall have the power to
1115prescribe, fix, establish, and collect rates, fees, rentals,
1116tolls, fares, or other charges (hereinafter referred to as
1117"revenues"), and to revise the same from time to time, for the
1118facilities and services furnished or to be furnished by Space
1119Florida the authority and the spaceport, including, but not
1120limited to, launch pads, ranges, payload assembly and processing
1121facilities, visitor and tourist facilities, transportation
1122facilities, and parking and other related facilities, and may
1123shall have the power to provide for reasonable penalties against
1124any user or property for any such rates, fees, rentals, tolls,
1125fares, or other charges that are delinquent.
1126     (2)  The board may shall have the power to enter into
1127contracts for the use of the projects of Space Florida the
1128authority and for the services and facilities furnished or to be
1129furnished by Space Florida the authority, including, but not
1130limited to, launch services, payload assembly and processing,
1131and other aerospace-related space-related services, for such
1132consideration and on such other terms and conditions as the
1133board may approve. Such contracts, and revenues or service
1134charges received or to be received by Space Florida the
1135authority thereunder, may be pledged as security for any of the
1136bonds of Space Florida the authority.
1137     Section 16.  Section 331.317, Florida Statutes, is amended
1138to read:
1139     331.317  Recovery of delinquent charges.--In the event that
1140any of the rates, fees, rentals, tolls, fares, other charges, or
1141delinquent penalties shall not be paid as and when due and shall
1142be in default for 30 days or more, the unpaid balance thereof
1143and all interest accrued thereon, together with attorney's fees
1144and costs, may be recovered by Space Florida the authority in a
1145civil action.
1146     Section 17.  Section 331.318, Florida Statutes, is amended
1147to read:
1148     331.318  Discontinuance of service.--In the event that the
1149rates, fees, rentals, tolls, fares, or other charges for the
1150services and facilities of any project are not paid when due,
1151the board may shall have the power to discontinue and shut off
1152the same until such rates, fees, rentals, tolls, fares, or other
1153charges, including interest, penalties, and charges for the
1154shutting off and discontinuance and the restoration of such
1155services and facilities, are fully paid. Such delinquent rates,
1156fees, rentals, tolls, fares, or other charges, together with
1157interest, penalties, and charges for the shutting off and
1158discontinuance and the restoration of such services and
1159facilities, and reasonable attorney's fees and other expenses,
1160may be recovered by Space Florida the authority by suit in any
1161court of competent jurisdiction. Space Florida The authority may
1162also enforce payment of such delinquent rates, fees, rentals,
1163tolls, fares, or other charges by any other lawful method of
1164enforcement.
1165     Section 18.  Section 331.319, Florida Statutes, is amended
1166to read:
1167     331.319  Comprehensive planning; building and safety
1168codes.--The board of directors may supervisors shall have the
1169power to:
1170     (1)  Adopt, and from time to time review, amend,
1171supplement, or repeal, a comprehensive general plan for the
1172physical development of the area within the spaceport territory
1173in accordance with the objectives and purposes of this act and
1174consistent with the comprehensive plans of the applicable county
1175or counties and municipality or municipalities adopted pursuant
1176to the Local Government Comprehensive Planning and Land
1177Development Regulation Act, part II of chapter 163.
1178     (2)  Prohibit within the spaceport territory the
1179construction, alteration, repair, removal, or demolition, or the
1180commencement of the construction, alteration, repair (except
1181emergency repairs), removal, or demolition, of any building or
1182structure, including, but not by way of limitation, public
1183utility poles, lines, pipes, and facilities, without first
1184obtaining a permit from the board or such other officer or
1185agency as the board may designate, and to prescribe the
1186procedure with respect to the obtaining of such permit.
1187     Section 19.  Section 331.320, Florida Statutes, is amended
1188to read:
1189     331.320  Additional powers of board.--The board of
1190directors may shall have the power within any spaceport
1191territory to:
1192     (1)  Adopt regulations to prohibit or control the pollution
1193of air and water, and require certain location and placement of
1194electrical power, telephone, and other utility lines, cables,
1195pipes, and ducts.
1196     (2)  Divide the spaceport territory into zones or districts
1197of such number, shape, and area as the board may deem best
1198suited to carry out the purposes of this act, and within and for
1199each such district make regulations and restrictions as provided
1200for in subsection (1).
1201     Section 20.  Section 331.321, Florida Statutes, is amended
1202to read:
1203     331.321  Federal and other funds and aid.--Space Florida
1204may The authority is authorized to accept, receive, and receipt
1205for federal moneys, property, and other moneys or properties,
1206either public or private, for the acquisition, planning,
1207operation, construction, enlargement, improvement, maintenance,
1208equipment, or development of programs, facilities, and sites
1209therefor, and to comply with the provisions of the laws of the
1210United States and any rules and regulations made thereunder for
1211the expenditure of federal moneys.
1212     Section 21.  Section 331.322, Florida Statutes, is amended
1213to read:
1214     331.322  Agreements with municipalities within any
1215spaceport territory.--The board of directors and the governing
1216body or bodies of any one or more municipalities located wholly
1217or partly within any spaceport territory, whether now in
1218existence or hereafter created, may are authorized to enter into
1219and carry into effect contracts and agreements relating to the
1220common powers, duties, and functions of the board and other
1221officers, agents, and employees of Space Florida the authority,
1222and the respective governing body or bodies of one or more such
1223municipalities, and their respective officers, agents, and
1224employees, to the end that there may be effective cooperation
1225between and coordination of the efforts of such municipality or
1226municipalities and Space Florida the authority in discharging
1227their common functions, powers, and duties and in rendering
1228services to the respective residents and property owners of such
1229municipality or municipalities and Space Florida the authority.
1230The board and the governing body or bodies of one or more such
1231municipalities are further authorized to enter into and carry
1232into effect contracts and agreements for the performance of any
1233of their common functions, powers, and duties by a central
1234agency or common agent of the contracting parties.
1235     Section 22.  Section 331.323, Florida Statutes, is amended
1236to read:
1237     331.323  Cooperative agreements with the state, counties,
1238and municipalities.--
1239     (1)  The state and the counties, municipalities, and other
1240political subdivisions, public bodies, and agencies thereof, or
1241any of them, whether now existing or hereafter created, are
1242authorized to aid and cooperate with Space Florida the authority
1243in carrying out any of the purposes and projects of Space
1244Florida the authority, to enter into cooperative agreements with
1245Space Florida the authority, to provide in any such cooperative
1246agreement for the making of loans, gifts, grants, or
1247contributions to Space Florida the authority and the granting
1248and conveyance to Space Florida the authority of real or
1249personal property of any kind or nature, or any interest
1250therein, for the carrying out of the purpose and projects of
1251Space Florida the authority; to covenant in any such cooperative
1252agreement to pay all or any part of the costs of acquisition,
1253planning, development, construction, reconstruction, extension,
1254improvement, operation, and maintenance of any projects of Space
1255Florida the authority; and to pay all or any part of the
1256principal and interest on any bonds of Space Florida the
1257authority.
1258     (2)  The state and the counties, municipalities, and other
1259political subdivisions, public bodies, and agencies thereof, or
1260any of them, whether now existing or hereafter created, and
1261Space Florida the authority created by this act, are further
1262authorized to enter into cooperative agreements to provide for
1263the furnishing by Space Florida the authority to the state or
1264any county, municipality, or other political subdivision, public
1265body, or agency thereof of any of the facilities and services of
1266Space Florida the authority, or by the state or any county,
1267municipality, or other political subdivision, public body, or
1268agency thereof to Space Florida the authority and to persons
1269within the spaceport territory of facilities and services of the
1270type that Space Florida the authority is authorized to furnish
1271or undertake, or such other facilities and services as may be
1272determined necessary or desirable by the board for the carrying
1273out of the purposes of this act. Without limitation of the
1274foregoing, such cooperative agreements may provide for the
1275furnishing by any county, municipality, or other political
1276subdivision of fire and police protection for Space Florida the
1277authority and persons and property within Space Florida the
1278authority, and for the providing to Space Florida the authority
1279of any services deemed necessary or desirable by the board for
1280the proper functioning of Space Florida the authority.
1281     (3)  Without limitation of the foregoing, the board may
1282undertake and finance any of the projects of Space Florida the
1283authority, in whole or in part, jointly with any municipality or
1284municipalities, now existing or hereafter created, or in any
1285other manner combine the projects of Space Florida the authority
1286with the projects of such municipality or municipalities.
1287     (4)  Any agreement of the type authorized by this section
1288may be made and entered into under pursuant to this act for such
1289time or times, not exceeding 40 years.
1290     Section 23.  Section 331.324, Florida Statutes, is amended
1291to read:
1292     331.324  Contracts, grants, and contributions.--Space
1293Florida may The authority shall have the power to make and enter
1294all contracts and agreements necessary or incidental to the
1295performance of the functions of Space Florida the authority and
1296the execution of its powers, and to contract with, and to accept
1297and receive grants or loans of money, material, or property
1298from, any person, private or public, as the board shall
1299determine to be necessary or desirable to carry out the purposes
1300of this act, and in connection with any such contract, grant, or
1301loan to stipulate and agree to such covenants, terms, and
1302conditions as the board shall deem appropriate.
1303     Section 24.  Section 331.325, Florida Statutes, is amended
1304to read:
1305     331.325  Environmental permits.--Space Florida The
1306authority shall obtain required environmental permits in
1307accordance with federal and state law and shall comply with the
1308provisions of chapter 380.
1309     Section 25.  Section 331.326, Florida Statutes, is amended
1310to read:
1311     331.326  Information relating to trade secrets
1312confidential.--The records of Space Florida the authority
1313regarding matters encompassed by this act are public records
1314subject to the provisions of chapter 119. Any information held
1315by Space Florida the authority which is a trade secret, as
1316defined in s. 812.081, including trade secrets of Space Florida
1317the authority, any spaceport user, or the space industry
1318business, is confidential and exempt from the provisions of s.
1319119.07(1) and s. 24(a), Art. I of the State Constitution and may
1320not be disclosed. If Space Florida the authority determines that
1321any information requested by the public will reveal a trade
1322secret, it shall, in writing, inform the person making the
1323request of that determination. The determination is a final
1324order as defined in s. 120.52. Any meeting or portion of a
1325meeting of Space Florida's the authority's board of supervisors
1326is exempt from the provisions of s. 286.011 and s. 24(b), Art. I
1327of the State Constitution when the board is discussing trade
1328secrets. Any public record generated during the closed portions
1329of the such meetings, such as minutes, tape recordings, and
1330notes, is confidential and exempt from the provisions of s.
1331119.07(1) and s. 24(a), Art. I of the State Constitution.
1332     Section 26.  Section 331.327, Florida Statutes, is amended
1333to read:
1334     331.327  Foreign trade zone.--Space Florida may The
1335authority shall have the power to apply to the Federal
1336Government for a grant allowing the designation of any spaceport
1337territory as a foreign trade zone pursuant to ss. 288.36 and
1338288.37. However, the designation of any spaceport territory as a
1339foreign trade zone does shall not be deemed to authorize an
1340exemption from any tax imposed by the state or by any political
1341subdivision, agency, or instrumentality thereof.
1342     Section 27.  Section 331.328, Florida Statutes, is amended
1343to read:
1344     331.328  Sovereign immunity.--As an independent special
1345district, Space Florida has The authority shall be granted
1346sovereign immunity in the same manner as the state under the
1347laws and Constitution of the State of Florida. The state, by
1348this section, hereby waives the sovereign immunity granted to
1349the same extent as waived by the state under state law.
1350     Section 28.  Section 331.329, Florida Statutes, is amended
1351to read:
1352     331.329  Changing boundary lines; annexation and exclusion
1353of lands; creation of municipalities within the geographical
1354limits of any spaceport territory; limitations on the furnishing
1355of services within annexed areas.--
1356     (1)  The board of directors may at any time strike out or
1357correct the description of any land within or claimed to be
1358within the boundary lines of any spaceport territory upon the
1359written consent of the owners of all the land that would be
1360included or excluded from the boundary lines of any spaceport
1361territory or otherwise affected by the taking of such action,
1362and of the owners of not less than the majority in acreage of
1363all lands within any spaceport territory.
1364     (a)  The board may enlarge the geographical limits of any
1365spaceport territory to include any lands not then within any
1366spaceport territory:
1367     1.  Upon the written consent of the owners of all the land
1368to be included in any spaceport territory and of the owners of
1369not less than a majority in acreage of all the land then within
1370any spaceport territory; or
1371     2.  By resolution of the board approved at a special
1372election called for such purpose, by vote of a majority of
1373freeholders residing within the area to be annexed and a
1374majority of freeholders residing within any spaceport territory.
1375     (b)  The board of directors may contract the geographical
1376limits of any spaceport territory so as to exclude from any
1377spaceport territory any land then within any spaceport
1378territory:
1379     1.  Upon the written consent of the owners of all the land
1380to be so excluded and of the owners of not less than a majority
1381in acreage of all the land then within any spaceport territory;
1382or
1383     2.  By resolution of the board approved at a special
1384election called for such purpose, by vote of a majority of
1385freeholders residing within the area to be excluded and a
1386majority of the freeholders residing within any spaceport
1387territory.
1388     (2)  Land, including property situated thereon, added to
1389any spaceport territory in the manner provided in subsection (1)
1390shall from the time of its inclusion within such spaceport
1391territory be subject to all assessments thereafter levied and
1392assessed on all other land or property of any spaceport
1393territory similarly situated. Land, including property situated
1394thereon, excluded from any spaceport territory in the manner
1395provided in subsection (1) shall from the date of such exclusion
1396be exempt from assessments thereafter imposed by Space Florida
1397the authority but shall not be exempt from assessments
1398theretofore levied or due with respect to such land or property,
1399or from subsequent installments of assessments theretofore
1400levied or assessed with respect thereto, and such assessments
1401may be enforced and collected by or on behalf of Space Florida
1402the authority in the same manner as if such land or property
1403continued to be within the geographical limits of any spaceport
1404territory.
1405     (3)  In the event that the geographical limits of any
1406spaceport territory as set forth in s. 331.304 are revised so as
1407to include within any spaceport territory any areas not
1408presently contained within any spaceport territory, Space
1409Florida may the authority shall not engage in the business of
1410furnishing electric power for sale in such annexed area, unless
1411Space Florida the authority shall offer to purchase from any
1412person who is at the time engaged in the business of making,
1413generating, or distributing electricity for sale within such
1414annexed area, such portion of its electric plant and property
1415suitable and used for such business in connection therewith as
1416lies within the limits of such annexed area, in a manner
1417consistent with law.
1418     (4)  Space Florida The authority shall designate new launch
1419pads outside the present designated spaceport territories by
1420statutory amendment of s. 331.304.
1421     Section 29.  Section 331.331, Florida Statutes, is amended
1422to read:
1423     331.331  Revenue bonds.--
1424     (1)  Revenue bonds issued by Space Florida the authority
1425shall not be deemed revenue bonds issued by the state or its
1426agencies for purposes of s. 11, Art. VII of the State
1427Constitution and ss. 215.57-215.83. Space Florida The authority
1428shall include in its annual report to the Governor and
1429Legislature, as provided in s. 331.310, a summary of the status
1430of existing and proposed bonding projects.
1431     (2)  The issuance of revenue bonds may be secured by or
1432payable from the gross or net pledge of the revenues to be
1433derived from any project or combination of projects, from the
1434rates, fees, rentals, tolls, fares, or other charges to be
1435collected from the users of any project or projects; from any
1436revenue-producing undertaking or activity of Space Florida the
1437authority; or from any source of pledged security. Such bonds
1438shall not constitute an indebtedness of Space Florida the
1439authority unless such bonds are additionally secured by the full
1440faith and credit of Space Florida the authority. Bonds issued by
1441Space Florida the authority are not secured by the full faith
1442and credit of the State of Florida and do not constitute an
1443obligation, either general or special, thereof.
1444     (3)  Any two or more projects may be combined and
1445consolidated into a single project, and may thereafter be
1446operated and maintained as a single project. The revenue bonds
1447authorized herein may be issued to finance any one or more such
1448projects separately, or to finance two or more such projects,
1449regardless whether or not such projects have been combined and
1450consolidated into a single project. If the board deems it
1451advisable, the proceedings authorizing such revenue bonds may
1452provide that Space Florida the authority may thereafter combine
1453the projects then being financed or theretofore financed with
1454other projects to be subsequently financed by Space Florida the
1455authority shall be on a parity with the revenue bonds then being
1456issued, all on such terms, conditions, and limitations as shall
1457be provided, and may further provide that the revenues to be
1458derived from the subsequent projects shall at the time of the
1459issuance of such parity revenue bonds be also pledged to the
1460holders of any revenue bonds theretofore issued to finance the
1461revenue undertakings which are later combined with such
1462subsequent projects. Space Florida The authority may pledge for
1463the security of the revenue bonds a fixed amount, without regard
1464to any fixed proportion of the gross revenues of any project.
1465     Section 30.  Section 331.333, Florida Statutes, is amended
1466to read:
1467     331.333  Refunding bonds.--Space Florida The authority
1468through its board may shall have the power to issue bonds to
1469provide for the retirement or refunding of any bonds or
1470obligations of Space Florida the authority that at the time of
1471such issuance are or subsequently thereto become due and
1472payable, or that at the time of issuance have been called or are
1473or will be subject to call for redemption within 10 years
1474thereafter, or the surrender of which can be procured from the
1475holders thereof at prices satisfactory to the board. Refunding
1476bonds may be issued at any time when in the judgment of the
1477board such issuance will be advantageous to Space Florida the
1478authority. The provisions of this act pertaining to bonds of
1479Space Florida the authority shall, unless the context otherwise
1480requires, govern the issuance of refunding bonds, the form and
1481other details thereof, the rights of the holders thereof, and
1482the duties of the board with respect to the same.
1483     Section 31.  Section 331.334, Florida Statutes, is amended
1484to read:
1485     331.334  Pledging assessments and other revenues and
1486properties as additional security on bonds.--Space Florida The
1487authority may pledge as additional security for the payment of
1488any of the bonds of Space Florida the authority its full faith
1489and credit, and provide that such bonds shall be payable as to
1490both principal and interest, and as to any reserve or other
1491funds provided therefor, to the full extent that any revenues as
1492defined in this act, assessments, or other funds, or any
1493combination thereof, pledged therefor are insufficient for the
1494full payment of the same, and provided further that no bonds
1495shall be issued to the payment of which the full faith and
1496credit of Space Florida the authority is pledged unless approved
1497at an election in the manner provided by law. Space Florida The
1498authority by resolution of the board may also pledge as
1499additional security for said bonds the revenues from any project
1500of Space Florida the authority, utility service, assessments,
1501and any other sources of revenue or funds, or any combination of
1502the foregoing, and may pledge or mortgage any of the properties,
1503rights, interest, or other assets of Space Florida the
1504authority. Bonds issued by Space Florida the authority are not
1505secured by the full faith and credit of the State of Florida and
1506do not constitute an obligation, either general or special,
1507thereof. The board may also provide with respect to any bonds of
1508Space Florida the authority that such bonds shall be payable, in
1509whole or in part, as to principal amount or interest, or both,
1510out of rates, fees, rentals, tolls, fares, or other charges
1511collected with respect to any of the projects of Space Florida
1512the authority.
1513     Section 32.  Section 331.335, Florida Statutes, is amended
1514to read:
1515     331.335  Lien of pledges.--All pledges of revenues and
1516assessments made pursuant to the provisions of this act shall be
1517valid and binding from the time when such pledges are made. All
1518such revenues and assessments so pledged and thereafter
1519collected shall immediately be subject to the lien of such
1520pledges without any physical delivery thereof or further action,
1521and the lien of such pledges shall be valid and binding as
1522against all parties having claims of any kind in tort, contract,
1523or otherwise against Space Florida the authority, irrespective
1524of whether such parties have notice thereof.
1525     Section 33.  Section 331.336, Florida Statutes, is amended
1526to read:
1527     331.336  Issuance of bond anticipation notes.--In addition
1528to the other powers provided for in this act and not in
1529limitation thereof, Space Florida may the authority shall have
1530the power, at any time from time to time after the issuance of
1531any bonds of Space Florida the authority shall have been
1532authorized, to borrow money for the purposes for which such
1533bonds are to be issued in anticipation of the receipt of the
1534proceeds of the sale of such bonds and to issue bond
1535anticipation notes in a principal amount not in excess of the
1536authorized maximum amount of such bond issue. Such notes shall
1537be in such denomination or denominations, bear interest at such
1538rate or rates, mature at such time or times, be renewable for
1539such additional term or terms, and be in such form and executed
1540in such manner as the board shall prescribe. Such notes may be
1541sold at public sale, or if such notes shall be renewable notes,
1542may be exchanged for notes then outstanding on such terms as the
1543board shall determine. Such notes shall be paid from the
1544proceeds of such bonds when issued. The board may in its
1545discretion, in lieu of retiring the notes by means of bonds,
1546retire them by means of current revenues or from any assessments
1547levied for the payment of such bonds, but in such event a like
1548amount of the bonds authorized shall not be issued.
1549     Section 34.  Section 331.337, Florida Statutes, is amended
1550to read:
1551     331.337  Short-term borrowing.--Space Florida The authority
1552at any time may obtain loans, in such amount and on such terms
1553and conditions as the board may approve, for the purpose of
1554paying any of the expenses of Space Florida the authority or any
1555costs incurred or that may be incurred in connection with any of
1556the projects of Space Florida the authority, which loans shall
1557have such term or terms, be renewable for such term or terms,
1558bear interest at such rate or rates, and be payable from and
1559secured by a pledge of such funds, revenues, and assessments as
1560the board may determine. For the purpose of defraying such costs
1561and expenses, Space Florida the authority may issue negotiable
1562notes, warrants, or other evidences of debt signed on behalf of
1563Space Florida the authority by any one of the board, such notes
1564or other evidences of indebtedness to be payable at such time or
1565times, to bear interest at such rate or rates, and to be sold or
1566discounted at such price or prices and on such term or terms as
1567the board may deem advisable. The board may shall have the right
1568to provide for the payment thereof by pledging the whole or any
1569part of the funds, revenues, and assessments of Space Florida
1570the authority.
1571     Section 35.  Section 331.338, Florida Statutes, is amended
1572to read:
1573     331.338  Trust agreements.--In the discretion of the board,
1574any issue of bonds may be secured by a trust agreement by and
1575between Space Florida the authority and a corporate trustee
1576which may be any trust company or bank having the powers of a
1577trust company within or without the state. The resolution
1578authorizing the issuance of the bonds or such trust agreement
1579may pledge the revenues to be received from any projects of
1580Space Florida the authority and any other authorized moneys to
1581be used for the repayment of bonds, and may contain such
1582provisions for protecting and enforcing the rights and remedies
1583of the bondholders as the board may approve, including without
1584limitation covenants setting forth the duties of Space Florida
1585the authority in relation to the acquisition, planning,
1586development, construction, reconstruction, improvement,
1587maintenance, repair, operation, and insurance of any projects,
1588the fixing and revision of the rates, fees, rentals, tolls,
1589fares, and charges, and the custody, safeguarding, and
1590application of all moneys, and for the employment of consulting
1591engineers in connection with such acquisition, planning,
1592development, construction, reconstruction, improvement,
1593maintenance, repair, or operation. It shall be lawful for any
1594bank or trust company incorporated under the laws of the state
1595or the United States which may act as a depository of the
1596proceeds of bonds or of revenues to furnish such indemnifying
1597bonds or to pledge such securities as may be required by Space
1598Florida the authority. Such resolution or trust agreement may
1599set forth the rights and remedies of the bondholders and of the
1600trustee, if any, and may restrict the individual right of action
1601by bondholders. The board may provide for the payment of the
1602proceeds of the sale of the bonds and the revenues of any
1603project to such officer, board, or depository as it may
1604designate for the custody thereof, and for the method of
1605disbursement thereof, with such safeguards and restrictions as
1606it may determine. All expenses incurred in carrying out the
1607provisions of such resolution or trust agreement may be treated
1608as part of the cost of the project to which such trust agreement
1609pertains.
1610     Section 36.  Section 331.339, Florida Statutes, is amended
1611to read:
1612     331.339  Sale of bonds.--Bonds may be sold in blocks or
1613installments at different times, or an entire issue or series
1614may be sold at one time. Bonds may only be sold at public sale
1615after being advertised and publicly noticed, unless Space
1616Florida the authority has previously complied with the
1617provisions of s. 218.385. Bonds may be sold or exchanged for
1618refunding bonds. Special assessment and revenue bonds may be
1619delivered as payment by Space Florida the authority of the
1620purchase price or lease of any project or part thereof, or a
1621combination of projects or parts thereof, or as the purchase
1622price of, or exchange for, any property, real, personal, or
1623mixed, including franchises, or services rendered by any
1624contractor, engineer, or other person, all at one time or in
1625blocks from time to time, in such manner and upon such terms as
1626the board in its discretion shall determine. The price or prices
1627for any bonds sold, exchanged, or delivered may be:
1628     (1)  The money paid for the bonds.
1629     (2)  The principal amount, plus accrued interest to date of
1630redemption or exchange, of outstanding obligations exchanged for
1631refunding bonds.
1632     (3)  In the case of special assessment or revenue bonds,
1633the amount of any indebtedness to contractors or other persons
1634paid with such bonds, or the fair value of any properties
1635exchanged for the bonds, as determined by the board.
1636     Section 37.  Section 331.340, Florida Statutes, is amended
1637to read:
1638     331.340  Authorization and form of bonds.--Bonds may be
1639authorized by resolution or resolutions of the board which shall
1640be adopted by a majority of all of the members thereof then in
1641office and present at the meeting at which the resolution or
1642resolutions are adopted and shall be approved as provided in s.
1643331.305. The resolution or resolutions of the board may be
1644adopted at the same meeting at which they are introduced, and
1645shall be published and noticed. The board may by resolution
1646authorize the issuance of bonds, fix the aggregate amount of
1647bonds to be issued, the purpose or purposes for which the moneys
1648derived therefrom shall be expanded, the rate or rates of
1649interest, the denomination of the bonds, whether or not the
1650bonds are to be issued in one or more series, the date or dates
1651thereof, the date or dates of maturity, which shall not exceed
165240 years from their respective dates of issuance, the medium of
1653payment, the place or places within or without the state where
1654payment shall be made, registration privileges, redemption terms
1655and privileges (whether with or without premium), the manner of
1656execution, the form of the bonds including any interest coupons
1657to be attached thereto, the manner of execution of bonds and
1658coupons, and any and all other terms, covenants, and conditions
1659thereof, and the establishment of reserve or other funds. Such
1660authorizing resolution may further provide that such bonds may
1661be executed manually or by engraved, lithographed, or facsimile
1662signature, provided that where signatures are engraved,
1663lithographed, or facsimile no bond shall be valid unless
1664countersigned by a registrar or other officer designated by
1665appropriate resolution of the board. The seal of Space Florida
1666the authority may be affixed, lithographed, engraved, or
1667otherwise reproduced in facsimile on such bonds. In case any
1668officer whose signature or a facsimile of whose signature shall
1669appear on any bonds or coupons shall cease to be such officer
1670before the delivery of such bonds, such signature or facsimile
1671shall nevertheless be valid and sufficient for all purposes the
1672same as if the officer had remained in office until such
1673delivery.
1674     Section 38.  Section 331.343, Florida Statutes, is amended
1675to read:
1676     331.343  Defeasance.--The board may make such provision
1677with respect to the defeasance of the right, title, and interest
1678of the holders of any of the bonds and obligations of Space
1679Florida the authority in any revenues, funds, or other
1680properties by which such bonds are secured as the board deems
1681appropriate and, without limitation on the foregoing, may
1682provide that when such bonds or obligations become due and
1683payable or shall have been called for redemption, and the whole
1684amount of the principal and the interest and premium, if any,
1685due and payable upon the bonds or obligations when outstanding
1686shall be paid, or sufficient moneys or direct obligations of the
1687United States Government the principal of and the interest on
1688which when due will provide sufficient moneys, shall be held or
1689deposited in trust for such purpose, and provision shall also be
1690made for paying all other sums payable in connection with such
1691bonds or other obligations, then and in such event the right,
1692title, and interest of the holders of the bonds in any revenues,
1693funds, or other properties by which such bonds are secured shall
1694thereupon cease, terminate, and become void; and the board may
1695apply any surplus in any sinking fund established in connection
1696with such bonds or obligations and all balances remaining in all
1697other funds or accounts other than money held for the redemption
1698or payment of the bonds or other obligations to any lawful
1699purpose of Space Florida the authority as the board shall
1700determine.
1701     Section 39.  Section 331.345, Florida Statutes, is amended
1702to read:
1703     331.345  Covenants.--Any resolution authorizing the
1704issuance of bonds may contain such covenants as the board may
1705deem advisable and all such covenants shall constitute valid and
1706legally binding and enforceable contracts between Space Florida
1707the authority and the bondholders, regardless of the time of
1708issuance thereof. Such covenants may include, without
1709limitation, covenants concerning the disposition of the bond
1710proceeds, the use and disposition of project revenues, the
1711pledging of revenues, and assessments, the obligations of Space
1712Florida the authority with respect to the operation of the
1713project and the maintenance of adequate project revenues, the
1714issuance of additional bonds, the appointment, powers, and
1715duties of trustees and receivers, the acquisition of outstanding
1716bonds and obligations, restrictions on the establishing of
1717competing projects or facilities, restrictions on the sale or
1718disposal of the assets and property of Space Florida the
1719authority, the priority of assessment liens, the priority of
1720claims by bondholders on the taxing power of Space Florida the
1721authority, the maintenance of deposits to assure the payment of
1722revenues by users of spaceport facilities and services, the
1723discontinuance of Space Florida authority services by reason of
1724delinquent payments, acceleration upon default, the execution of
1725necessary instruments, the procedure for amending or abrogating
1726covenants with the bondholders, and such other covenants as may
1727be deemed necessary or desirable for the security of the
1728bondholders.
1729     Section 40.  Section 331.346, Florida Statutes, is amended
1730to read:
1731     331.346  Validity of bonds; validation proceedings.--Any
1732bonds issued by Space Florida the authority shall be
1733incontestable in the hands of bona fide purchasers or holders
1734for value and shall not be invalid because of any irregularity
1735or defect in the proceedings for the issue and sale thereof.
1736Prior to the issuance of any bonds, Space Florida the authority
1737shall publish a notice at least once in a newspaper or
1738newspapers published or of general circulation in the
1739appropriate counties in the state, stating the date of adoption
1740of the resolution authorizing such obligations, the amount,
1741maximum rate of interest, and maturity of such obligations, and
1742the purpose in general terms for which such obligations are to
1743be issued, and further stating that no action or proceeding
1744questioning the validity of such obligations or of the
1745proceedings authorizing the issuance thereof, or of any
1746covenants made therein, must be instituted within 20 days after
1747the first publication of such notice, or the validity of such
1748obligations, proceedings, and covenants shall not be thereafter
1749questioned in any court whatsoever. If no such action or
1750proceeding is so instituted within such 20-day period, then the
1751validity of such obligations, proceedings, and covenants shall
1752be conclusive, and all persons or parties whatsoever shall be
1753forever barred from questioning the validity of such
1754obligations, proceedings, or covenants in any court whatsoever.
1755     Section 41.  Section 331.347, Florida Statutes, is amended
1756to read:
1757     331.347  Act furnishes full authority for issuance of
1758bonds.--This act constitutes full and complete authority for the
1759issuance of bonds and the exercise of the powers of Space
1760Florida the authority provided herein. Any and all bonds issued
1761by Space Florida the authority shall not be secured by the full
1762faith and credit of the State of Florida and do not constitute
1763an obligation, either general or special, thereof.
1764     Section 42.  Section 331.348, Florida Statutes, is amended
1765to read:
1766     331.348  Investment of funds.--The board may in its
1767discretion invest funds of Space Florida the authority through
1768the Chief Financial Officer or in:
1769     (1)  Direct obligations of or obligations guaranteed by the
1770United States or for the payment of the principal and interest
1771of which the faith and credit of the United States is pledged;
1772     (2)  Bonds or notes issued by any of the following federal
1773agencies: Bank for Cooperatives; federal intermediate credit
1774banks; federal home loan bank system; federal land banks; or the
1775Federal National Mortgage Association (including debentures or
1776participating certificates issued by such association);
1777     (3)  Public housing bonds issued by public housing
1778authorities and secured by a pledge or annual contributions
1779under an annual contribution contract or contracts with the
1780United States;
1781     (4)  Bonds or other interest-bearing obligations of any
1782county, district, city, or town located in the state for which
1783the full faith and credit of such political subdivision is
1784pledged;
1785     (5)  Any investment authorized for insurers by ss. 625.306-
1786625.316 and amendments thereto; or
1787     (6)  Any investment authorized under s. 17.57 and
1788amendments thereto.
1789     Section 43.  Section 331.349, Florida Statutes, is amended
1790to read:
1791     331.349  Fiscal year of Space Florida the authority.--The
1792board may has the power to establish and from time to time
1793redetermine the fiscal year of Space Florida the authority.
1794Unless the board otherwise provides, Space Florida's the
1795authority's fiscal year shall be July 1 through June 30.
1796     Section 44.  Section 331.350, Florida Statutes, is amended
1797to read:
1798     331.350  Insurance coverage of Space Florida the authority;
1799safety program.--
1800     (1)  Notwithstanding any other provision of law, the State
1801Risk Management Trust Fund established under s. 284.30 may shall
1802not insure buildings and property owned or leased by Space
1803Florida the authority.
1804     (2)  Notwithstanding any other provision of law, the State
1805Risk Management Trust Fund established under s. 284.30 may shall
1806not insure against any liability of Space Florida the authority.
1807     (3)  Space Florida The authority shall establish a safety
1808program. The safety program shall include:
1809     (a)  The development and implementation of a loss
1810prevention program which shall consist of a comprehensive
1811authority wide safety program for all of Space Florida,
1812including a statement, established by the board of directors
1813supervisors, of safety policy and responsibility.
1814     (b)  Provision for regular and periodic facility and
1815equipment inspections.
1816     (c)  Investigation of job-related employee accidents and
1817other accidents occurring on the premises of Space Florida the
1818authority or within areas of its jurisdiction.
1819     (d)  Establishment of a program to promote increased safety
1820awareness among employees, agents, and subcontractors of Space
1821Florida the authority.
1822     (4)(a)  Space Florida The authority shall, if available,
1823secure insurance coverage within reasonable limits for liability
1824which may arise as a consequence of its responsibilities.
1825     (b)  Space Florida The authority shall, if available, and
1826if cost-effective, secure insurance coverage on its buildings,
1827facilities, and property at reasonable levels.
1828     (c)  Space Florida The authority, with respect to the
1829purchase of insurance, shall be subject to the applicable
1830provisions of chapter 287 and other applicable law.
1831     Section 45.  Section 331.351, Florida Statutes, is amended
1832to read:
1833     331.351  Participation by women, minorities, and socially
1834and economically disadvantaged business enterprises
1835encouraged.--It is the intent of the Legislature and the public
1836policy of this state that women, minorities, and socially and
1837economically disadvantaged business enterprises be encouraged to
1838participate fully in all phases of economic and community
1839development. Accordingly, to achieve such purpose, Space Florida
1840the authority shall, in accordance with applicable state and
1841federal law, involve and utilize women, minorities, and socially
1842and economically disadvantaged business enterprises in all
1843phases of the design, development, construction, maintenance,
1844and operation of spaceports developed under this act.
1845     Section 46.  Section 331.354, Florida Statutes, is amended
1846to read:
1847     331.354  Tax exemption.--The exercise of the powers granted
1848by this act in all respects shall be for the benefit of the
1849people of the state, for the increase of their industry and
1850prosperity, for the improvement of their health and living
1851conditions, and for the provision of gainful employment and
1852shall constitute the performance of essential public functions.
1853Space Florida is The authority shall not be required to pay any
1854taxes on any project or any other property owned by Space
1855Florida the authority under the provisions of this act or upon
1856the income therefrom. The bonds issued under the provisions of
1857this act or upon the income therefrom (including any profit made
1858on the sale thereof), and all notes, mortgages, security
1859agreements, letters of credit, or other instruments which arise
1860out of or are given to secure the repayment of bonds issued in
1861connection with a project financed under this act, shall at all
1862times be free from taxation by the state or any local unit,
1863political subdivision, or other instrumentality of the state.
1864Nothing in This section, however, does not exempt shall be
1865construed as exempting from taxation or assessments the
1866leasehold interest of a lessee in any project or any other
1867property or interest owned by the lessee. The exemption granted
1868by this section is shall not be applicable to any tax imposed by
1869chapter 220 on interest, income, or profits on debt obligations
1870owned by corporations.
1871     Section 47.  Section 331.355, Florida Statutes, is amended
1872to read:
1873     331.355  Use of name; ownership rights to intellectual
1874property.--
1875     (1)(a)  The corporate name of a corporation incorporated or
1876authorized to transact business in this state, or the name of
1877any person or business entity transacting business in this
1878state, may not use the words "Space Florida," "Florida Space
1879Authority," "Florida Aerospace Finance Corporation," "Florida
1880Space Research Institute," "spaceport Florida," or "Florida
1881spaceport" in its name unless the Space Florida board of
1882directors the authority gives written approval for such use.
1883     (b)  The Department of State may dissolve, pursuant to s.
1884607.1421, any corporation that violates paragraph (a).
1885     (2)  Notwithstanding any provision of chapter 286, the
1886legal title and every right, interest, claim, or demand of any
1887kind in and to any patent, trademark, copyright, certification
1888mark, or other right acquired under the patent and trademark
1889laws of the United States or this state or any foreign country,
1890or the application for the same, as is owned or held, acquired,
1891or developed by Space Florida the authority, under the authority
1892and directions given it by this part, is vested in Space Florida
1893the authority for the use, benefit, and purposes provided in
1894this part. Space Florida The authority is vested with and is
1895authorized to exercise any and all of the normal incidents of
1896such ownership, including the receipt and disposition of
1897royalties. Any sums received as royalties from any such rights
1898are hereby appropriated to Space Florida the authority for any
1899and all of the purposes and uses provided in this part.
1900     Section 48.  Section 331.360, Florida Statutes, is amended
1901to read:
1902     331.360  Joint participation project agreement or
1903assistance; spaceport master plan.--
1904     (1)  It shall be the duty, function, and responsibility of
1905the Department of Transportation to promote the further
1906development and improvement of aerospace transportation
1907facilities; to address intermodal requirements and impacts of
1908the launch ranges, spaceports, and other space transportation
1909facilities; to assist in the development of joint-use facilities
1910and technology that support aviation and aerospace operations;
1911to coordinate and cooperate in the development of spaceport
1912infrastructure and related transportation facilities contained
1913in the Strategic Intermodal System Plan;  to encourage, where
1914appropriate, the cooperation and integration of airports and
1915spaceports in order to meet transportation-related needs; and to
1916facilitate and promote cooperative efforts between federal and
1917state government entities to improve space transportation
1918capacity and efficiency. In carrying out this duty and
1919responsibility, the department may assist and advise, cooperate
1920with, and coordinate with federal, state, local, or private
1921organizations and individuals. The department may
1922administratively house its space transportation responsibilities
1923within an existing division or office.
1924     (2)  Notwithstanding any other provision of law, the
1925Department of Transportation may enter into a joint
1926participation project agreement with, or otherwise assist, the
1927Florida Space Florida Authority as necessary to effectuate the
1928provisions of this chapter and may allocate funds for such
1929purposes in its 5-year work program. However, the department may
1930not fund the administrative or operational costs of Space
1931Florida the authority.
1932     (3)  Space Florida The authority shall develop a spaceport
1933master plan for expansion and modernization of space
1934transportation facilities within spaceport territories as
1935defined in s. 331.303(23). The plan shall contain recommended
1936projects to meet current and future commercial, national, and
1937state space transportation requirements. Space Florida The
1938authority shall submit the plan to any appropriate metropolitan
1939planning organization M.P.O. for review of intermodal impacts.
1940Space Florida The authority shall submit the spaceport master
1941plan to the Department of Transportation, and such plan may be
1942included within the department's 5-year work program of
1943qualifying aerospace discretionary capacity improvement under
1944subsection (4). The plan shall identify appropriate funding
1945levels and include recommendations on appropriate sources of
1946revenue that may be developed to contribute to the State
1947Transportation Trust Fund.
1948     (4)  Subject to the availability of appropriated funds, the
1949department may participate in the capital cost of eligible
1950spaceport discretionary capacity improvement projects. The
1951annual legislative budget request shall be based on the proposed
1952funding requested for approved spaceport discretionary capacity
1953improvement projects.
1954     Section 49.  Section 331.369, Florida Statutes, is amended
1955to read:
1956     331.369  Space Industry Workforce Initiative.--
1957     (1)  The Legislature finds that the aerospace space
1958industry is critical to the economic future of the state and
1959that the competitiveness of the industry in the state depends
1960upon the development and maintenance of a qualified workforce.
1961The Legislature further finds that the aerospace space industry
1962in this state has diverse and complex workforce needs,
1963including, but not limited to, the need for qualified entry-
1964level workers, the need to upgrade the skills of technician-
1965level incumbent workers, and the need to ensure continuing
1966education opportunities for workers with advanced educational
1967degrees. It is the intent of the Legislature to support programs
1968designed to address the workforce development needs of the
1969aerospace space industry in this state.
1970     (2)  The Workforce Development Board of Enterprise Florida,
1971Inc., or it successor entity, shall coordinate development of a
1972Space Industry Workforce Initiative in partnership with Space
1973Florida, the Florida Space Research Institute, the institute's
1974consortium of public and private universities, community
1975colleges, and other training providers approved by the board.
1976The purpose of the initiative is to use or revise existing
1977programs and to develop innovative new programs to address the
1978workforce needs of the aerospace space industry.
1979     (3)  The initiative shall emphasize:
1980     (a)  Curricula content and timeframes developed with
1981industry participation and endorsed by the industry;
1982     (b)  Programs that certify persons completing training as
1983meeting industry-approved standards or competencies;
1984     (c)  Use of distance-learning and computer-based training
1985modules as appropriate and feasible;
1986     (d)  Industry solicitation of public and private
1987universities to develop continuing education programs at the
1988master's and doctoral levels;
1989     (e)  Agreements with the National Aeronautics and Space
1990Administration to replicate on a national level successful
1991training programs developed through the initiative; and
1992     (f)  Leveraging of state and federal workforce funds.
1993     (4)  The Workforce Development Board of Enterprise Florida,
1994Inc., or its successor entity, with the assistance of Space
1995Florida the Florida Space Research Institute, shall convene
1996representatives from the aerospace space industry to identify
1997the priority training and education needs of the industry and to
1998appoint a team to design programs to meet the such priority
1999needs.
2000     (5)  The Workforce Development Board of Enterprise Florida,
2001Inc., or its successor entity, as part of its statutorily
2002prescribed annual report to the Legislature, shall provide
2003recommendations for policies, programs, and funding to enhance
2004the workforce needs of the aerospace space industry.
2005     Section 50.  Paragraph (g) of subsection (2) of section
200614.2015, Florida Statutes, is amended to read:
2007     14.2015  Office of Tourism, Trade, and Economic
2008Development; creation; powers and duties.--
2009     (2)  The purpose of the Office of Tourism, Trade, and
2010Economic Development is to assist the Governor in working with
2011the Legislature, state agencies, business leaders, and economic
2012development professionals to formulate and implement coherent
2013and consistent policies and strategies designed to provide
2014economic opportunities for all Floridians. To accomplish such
2015purposes, the Office of Tourism, Trade, and Economic Development
2016shall:
2017     (g)  Serve as contract administrator for the state with
2018respect to contracts with Enterprise Florida, Inc., the Florida
2019Commission on Tourism, Space Florida, and all direct-support
2020organizations under this act, excluding those relating to
2021tourism. To accomplish the provisions of this act and applicable
2022provisions of chapter 288, and notwithstanding the provisions of
2023part I of chapter 287, the office shall enter into specific
2024contracts with Enterprise Florida, Inc., the Florida Commission
2025on Tourism, Space Florida, and other appropriate direct-support
2026organizations. Such contracts may be multiyear and shall include
2027specific performance measures for each year.
2028     Section 51.  Section 74.011, Florida Statutes, is amended
2029to read:
2030     74.011  Scope.--In any eminent domain action, properly
2031instituted by and in the name of the state; the Department of
2032Transportation; any county, school board, municipality,
2033expressway authority, regional water supply authority,
2034transportation authority, flood control district, or drainage or
2035subdrainage district; the ship canal authority; any lawfully
2036constituted housing, port, or aviation authority; the Florida
2037Space Authority; or any rural electric cooperative, telephone
2038cooperative corporation, or public utility corporation, the
2039petitioner may avail itself of the provisions of this chapter to
2040take possession and title in advance of the entry of final
2041judgment.
2042     Section 52.  Subsection (6) of section 196.012, Florida
2043Statutes, is amended to read:
2044     196.012  Definitions.--For the purpose of this chapter, the
2045following terms are defined as follows, except where the context
2046clearly indicates otherwise:
2047     (6)  Governmental, municipal, or public purpose or function
2048shall be deemed to be served or performed when the lessee under
2049any leasehold interest created in property of the United States,
2050the state or any of its political subdivisions, or any
2051municipality, agency, special district, authority, or other
2052public body corporate of the state is demonstrated to perform a
2053function or serve a governmental purpose which could properly be
2054performed or served by an appropriate governmental unit or which
2055is demonstrated to perform a function or serve a purpose which
2056would otherwise be a valid subject for the allocation of public
2057funds. For purposes of the preceding sentence, an activity
2058undertaken by a lessee which is permitted under the terms of its
2059lease of real property designated as an aviation area on an
2060airport layout plan which has been approved by the Federal
2061Aviation Administration and which real property is used for the
2062administration, operation, business offices and activities
2063related specifically thereto in connection with the conduct of
2064an aircraft full service fixed base operation which provides
2065goods and services to the general aviation public in the
2066promotion of air commerce shall be deemed an activity which
2067serves a governmental, municipal, or public purpose or function.
2068Any activity undertaken by a lessee which is permitted under the
2069terms of its lease of real property designated as a public
2070airport as defined in s. 332.004(14) by municipalities,
2071agencies, special districts, authorities, or other public bodies
2072corporate and public bodies politic of the state, a spaceport as
2073defined in s. 331.303(19), or which is located in a deepwater
2074port identified in s. 403.021(9)(b) and owned by one of the
2075foregoing governmental units, subject to a leasehold or other
2076possessory interest of a nongovernmental lessee that is deemed
2077to perform an aviation, airport, aerospace, maritime, or port
2078purpose or operation shall be deemed an activity that serves a
2079governmental, municipal, or public purpose. The use by a lessee,
2080licensee, or management company of real property or a portion
2081thereof as a convention center, visitor center, sports facility
2082with permanent seating, concert hall, arena, stadium, park, or
2083beach is deemed a use that serves a governmental, municipal, or
2084public purpose or function when access to the property is open
2085to the general public with or without a charge for admission. If
2086property deeded to a municipality by the United States is
2087subject to a requirement that the Federal Government, through a
2088schedule established by the Secretary of the Interior, determine
2089that the property is being maintained for public historic
2090preservation, park, or recreational purposes and if those
2091conditions are not met the property will revert back to the
2092Federal Government, then such property shall be deemed to serve
2093a municipal or public purpose. The term "governmental purpose"
2094also includes a direct use of property on federal lands in
2095connection with the Federal Government's Space Exploration
2096Program or spaceport activities as defined in s. 212.02(22).
2097Real property and tangible personal property owned by the
2098Federal Government or Space Florida the Florida Space Authority
2099and used for defense and space exploration purposes or which is
2100put to a use in support thereof shall be deemed to perform an
2101essential national governmental purpose and shall be exempt.
2102"Owned by the lessee" as used in this chapter does not include
2103personal property, buildings, or other real property
2104improvements used for the administration, operation, business
2105offices and activities related specifically thereto in
2106connection with the conduct of an aircraft full service fixed
2107based operation which provides goods and services to the general
2108aviation public in the promotion of air commerce provided that
2109the real property is designated as an aviation area on an
2110airport layout plan approved by the Federal Aviation
2111Administration. For purposes of determination of "ownership,"
2112buildings and other real property improvements which will revert
2113to the airport authority or other governmental unit upon
2114expiration of the term of the lease shall be deemed "owned" by
2115the governmental unit and not the lessee. Providing two-way
2116telecommunications services to the public for hire by the use of
2117a telecommunications facility, as defined in s. 364.02(15), and
2118for which a certificate is required under chapter 364 does not
2119constitute an exempt use for purposes of s. 196.199, unless the
2120telecommunications services are provided by the operator of a
2121public-use airport, as defined in s. 332.004, for the operator's
2122provision of telecommunications services for the airport or its
2123tenants, concessionaires, or licensees, or unless the
2124telecommunications services are provided by a public hospital.
2125However, property that is being used to provide such
2126telecommunications services on or before October 1, 1997, shall
2127remain exempt, but such exemption expires October 1, 2004.
2128     Section 53.  Subsection (22) of section 212.02, Florida
2129Statutes, is amended to read:
2130     212.02  Definitions.--The following terms and phrases when
2131used in this chapter have the meanings ascribed to them in this
2132section, except where the context clearly indicates a different
2133meaning:
2134     (22)  "Spaceport activities" means activities directed or
2135sponsored by Space Florida the Florida Space Authority on
2136spaceport territory pursuant to its powers and responsibilities
2137under the Space Florida Act Florida Space Authority Act.
2138     Section 54.  Subsection (7) of section 288.063, Florida
2139Statutes, is amended to read:
2140     288.063  Contracts for transportation projects.--
2141     (7)  For the purpose of this section, Space Florida the
2142Florida Space Authority may serve as the local government or as
2143the contracting agency for transportation projects within
2144spaceport territory as defined by s. 331.304.
2145     Section 55.  Subsection (1) of section 288.075, Florida
2146Statutes, is amended to read:
2147     288.075  Confidentiality of records.--
2148     (1)  As used in this section, the term "economic
2149development agency" means the Office of Tourism, Trade, and
2150Economic Development, any industrial development authority
2151created in accordance with part III of chapter 159 or by special
2152law, Space Florida the Florida Space Authority created in part
2153II of chapter 331, the Florida Aerospace Finance Corporation
2154created in part III of chapter 331, the public economic
2155development agency of a county or municipality, or any research
2156and development authority created in accordance with part V of
2157chapter 159. The term also includes any private agency, person,
2158partnership, corporation, or business entity when authorized by
2159the state, a municipality, or a county to promote the general
2160business interests or industrial interests of the state or that
2161municipality or county.
2162     Section 56.  Subsection (2) of section 288.35, Florida
2163Statutes, is amended to read:
2164     288.35  Definitions.--The following terms, wherever used or
2165referred to in this part, shall have the following meanings:
2166     (2)  "Government agency" means the state or any county or
2167political subdivision thereof; any state agency; any
2168consolidated government of a county, and some or all of the
2169municipalities located within the said county; any chartered
2170municipality in the state; and any of the institutions of such
2171consolidated governments, counties, or municipalities.
2172Specifically included are airports, port authorities, industrial
2173authorities, and Space Florida the Florida Space Authority.
2174     Section 57.  Subsection (2) of section 288.9415, Florida
2175Statutes, is amended to read:
2176     288.9415  International Trade Grants.--
2177     (2)  A county, municipality, economic development council,
2178Space Florida the Florida Space Authority, or a not-for-profit
2179association of businesses organized to assist in the promotion
2180of international trade may apply for a grant of state funds for
2181the promotion of international trade.
2182     Section 58.  Paragraph (j) of subsection (5) of section
2183212.08, Florida Statutes, is amended to read:
2184     212.08  Sales, rental, use, consumption, distribution, and
2185storage tax; specified exemptions.--The sale at retail, the
2186rental, the use, the consumption, the distribution, and the
2187storage to be used or consumed in this state of the following
2188are hereby specifically exempt from the tax imposed by this
2189chapter.
2190     (5)  EXEMPTIONS; ACCOUNT OF USE.--
2191     (j)  Machinery and equipment used in semiconductor,
2192defense, or space technology production and research and
2193development.--
2194     1.a.  Industrial machinery and equipment used in
2195semiconductor technology facilities certified under subparagraph
21966. to manufacture, process, compound, or produce semiconductor
2197technology products for sale or for use by these facilities are
2198exempt from the tax imposed by this chapter. For purposes of
2199this paragraph, industrial machinery and equipment includes
2200molds, dies, machine tooling, other appurtenances or accessories
2201to machinery and equipment, testing equipment, test beds,
2202computers, and software, whether purchased or self-fabricated,
2203and, if self-fabricated, includes materials and labor for
2204design, fabrication, and assembly.
2205     b.  Industrial machinery and equipment used in defense or
2206space technology facilities certified under subparagraph 6. to
2207design, manufacture, assemble, process, compound, or produce
2208defense technology products or space technology products for
2209sale or for use by these facilities are exempt from 25 percent
2210of the tax imposed by this chapter.
2211     2.a.  Machinery and equipment are exempt from the tax
2212imposed by this chapter if used predominately in semiconductor
2213wafer research and development activities in a semiconductor
2214technology research and development facility certified under
2215subparagraph 6. For purposes of this paragraph, machinery and
2216equipment includes molds, dies, machine tooling, other
2217appurtenances or accessories to machinery and equipment, testing
2218equipment, test beds, computers, and software, whether purchased
2219or self-fabricated, and, if self-fabricated, includes materials
2220and labor for design, fabrication, and assembly.
2221     b.  Machinery and equipment are exempt from 25 percent of
2222the tax imposed by this chapter if used predominately in defense
2223or space research and development activities in a defense or
2224space technology research and development facility certified
2225under subparagraph 6.
2226     3.  Building materials purchased for use in manufacturing
2227or expanding clean rooms in semiconductor-manufacturing
2228facilities are exempt from the tax imposed by this chapter.
2229     4.  In addition to meeting the criteria mandated by
2230subparagraph 1., subparagraph 2., or subparagraph 3., a business
2231must be certified by the Office of Tourism, Trade, and Economic
2232Development as authorized in this paragraph in order to qualify
2233for exemption under this paragraph.
2234     5.  For items purchased tax exempt pursuant to this
2235paragraph, possession of a written certification from the
2236purchaser, certifying the purchaser's entitlement to exemption
2237pursuant to this paragraph, relieves the seller of the
2238responsibility of collecting the tax on the sale of such items,
2239and the department shall look solely to the purchaser for
2240recovery of tax if it determines that the purchaser was not
2241entitled to the exemption.
2242     6.a.  To be eligible to receive the exemption provided by
2243subparagraph 1., subparagraph 2., or subparagraph 3., a
2244qualifying business entity shall initially apply to Enterprise
2245Florida, Inc. The original certification shall be valid for a
2246period of 2 years. In lieu of submitting a new application, the
2247original certification may be renewed biennially by submitting
2248to the Office of Tourism, Trade, and Economic Development a
2249statement, certified under oath, that there has been no material
2250change in the conditions or circumstances entitling the business
2251entity to the original certification. The initial application
2252and certification renewal statement shall be developed by the
2253Office of Tourism, Trade, and Economic Development in
2254consultation with Enterprise Florida, Inc.
2255     b.  Enterprise Florida, Inc., shall review each submitted
2256initial application and information and determine whether or not
2257the application is complete within 5 working days. Once an
2258application is complete, Enterprise Florida, Inc., shall, within
225910 working days, evaluate the application and recommend approval
2260or disapproval of the application to the Office of Tourism,
2261Trade, and Economic Development.
2262     c.  Upon receipt of the initial application and
2263recommendation from Enterprise Florida, Inc., or upon receipt of
2264a certification renewal statement, the Office of Tourism, Trade,
2265and Economic Development shall certify within 5 working days
2266those applicants who are found to meet the requirements of this
2267section and notify the applicant, Enterprise Florida, Inc., and
2268the department of the original certification or certification
2269renewal. If the Office of Tourism, Trade, and Economic
2270Development finds that the applicant does not meet the
2271requirements of this section, it shall notify the applicant and
2272Enterprise Florida, Inc., within 10 working days that the
2273application for certification has been denied and the reasons
2274for denial. The Office of Tourism, Trade, and Economic
2275Development has final approval authority for certification under
2276this section.
2277     7.a.  A business may apply once each year for the
2278exemption.
2279     d.b.  The initial application and certification renewal
2280statement must indicate, for program evaluation purposes only,
2281the average number of full-time equivalent employees at the
2282facility over the preceding calendar year, the average wage and
2283benefits paid to those employees over the preceding calendar
2284year, the total investment made in real and tangible personal
2285property over the preceding calendar year, and the total value
2286of tax-exempt purchases and taxes exempted during the previous
2287year. The department shall assist the Office of Tourism, Trade,
2288and Economic Development in evaluating and verifying information
2289provided in the application for exemption.
2290     e.c.  The Office of Tourism, Trade, and Economic
2291Development may use the information reported on the initial
2292application and certification renewal statement for evaluation
2293purposes only and shall prepare an annual report on the
2294exemption program and its cost and impact. The annual report for
2295the preceding fiscal year shall be submitted to the Governor,
2296the President of the Senate, and the Speaker of the House of
2297Representatives by September 30 of each fiscal year.
2298     7.8.  A business certified to receive this exemption may
2299elect to designate one or more state universities or community
2300colleges as recipients of up to 100 percent of the amount of the
2301exemption for which they may qualify. To receive these funds,
2302the institution must agree to match the funds so earned with
2303equivalent cash, programs, services, or other in-kind support on
2304a one-to-one basis in the pursuit of research and development
2305projects as requested by the certified business. The rights to
2306any patents, royalties, or real or intellectual property must be
2307vested in the business unless otherwise agreed to by the
2308business and the university or community college.
2309     8.9.  As used in this paragraph, the term:
2310     a.  "Predominately" means at least 50 percent of the time
2311in qualifying research and development.
2312     b.  "Research and development" means basic and applied
2313research in the science or engineering, as well as the design,
2314development, and testing, of prototypes or processes of new or
2315improved products, including the design, development, and
2316testing of space launch vehicles, space flight vehicles,
2317missiles, satellites, or research payloads, avionics, and
2318associated control systems and processing systems, and
2319components of any of the foregoing. Research and development
2320does not include market research, routine consumer product
2321testing, sales research, research in the social sciences or
2322psychology, or similar nontechnological activities, or technical
2323services.
2324     c.  "Semiconductor technology products" means raw
2325semiconductor wafers or semiconductor thin films that are
2326transformed into semiconductor memory or logic wafers, including
2327wafers containing mixed memory and logic circuits; related
2328assembly and test operations; active-matrix flat panel displays;
2329semiconductor chips; semiconductor lasers; optoelectronic
2330elements; and related semiconductor technology products as
2331determined by the Office of Tourism, Trade, and Economic
2332Development.
2333     d.  "Clean rooms" means manufacturing facilities enclosed
2334in a manner that meets the clean manufacturing requirements
2335necessary for high-technology semiconductor-manufacturing
2336environments.
2337     e.  "Defense technology products" means products that have
2338a military application, including, but not limited to, weapons,
2339weapons systems, guidance systems, surveillance systems,
2340communications or information systems, munitions, aircraft,
2341vessels, or boats, or components thereof, which are intended for
2342military use and manufactured in performance of a contract with
2343the United States Department of Defense or the military branch
2344of a recognized foreign government or a subcontract thereunder
2345which relates to matters of national defense.
2346     f.  "Space technology products" means products that are
2347specifically designed or manufactured for application in space
2348activities, including, but not limited to, space launch
2349vehicles, space flight vehicles, missiles, satellites or
2350research payloads, avionics, and associated control systems and
2351processing systems and components of any of the foregoing. The
2352term does not include products that are designed or manufactured
2353for general commercial aviation or other uses even though those
2354products may also serve an incidental use in space applications.
2355     Section 59.  Section 1004.86, Florida Statutes, is created
2356to read:
2357     1004.86  Florida Center for Mathematics and Science
2358Education Research.--
2359     (1)  The Department of Education shall contract with a
2360competitively selected public or private university to create
2361and operate the Florida Center for Mathematics and Science
2362Education Research. The purpose of the center is increasing
2363student achievement in mathematics and science, with an emphasis
2364on K-12 education. The center shall:
2365     (a)  Provide technical assistance and support to school
2366districts and schools in the development and implementation of
2367mathematics and science instruction.
2368     (b)  Conduct applied research on policy and practices
2369related to mathematics and science instruction and assessment in
2370the state.
2371     (c)  Conduct or compile basic research regarding student
2372acquisition of mathematics and science knowledge and skills.
2373     (d)  Develop comprehensive course frameworks for
2374mathematics and science courses that emphasize rigor and
2375relevance at the elementary, middle, and high school levels.
2376Student achievement data should be used to aid in the
2377development of course frameworks for low-performing schools,
2378special needs students, females, and minorities.
2379     (e)  Disseminate information regarding research-based
2380teaching practices in mathematics and science to teachers and
2381teacher educators in the state.
2382     (f)  Collect, manage, and report on assessment information
2383regarding student achievement in mathematics and science. The
2384report shall include student achievement by ethnic group.
2385     (g)  Establish partnerships with public and private
2386universities, community colleges, school districts, and other
2387appropriate entities to further increase student achievement in
2388mathematics and science.
2389     (h)  Develop a comprehensive plan, with input from school
2390districts, to increase the number and percentage of females and
2391minority students enrolling in and successfully completing
2392mathematics and science courses.
2393     (2)  The department shall monitor the center through the
2394Division of K-12 Public Schools.
2395     Section 60.  Sections 331.314, 331.315, 331.367, 331.368,
2396331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
2397331.417, and 331.419, Florida Statutes, are repealed.
2398     Section 61.  No later than September 1, 2006, the Florida
2399Space Authority, the Florida Space Research Institute, and the
2400Florida Aerospace Finance Corporation shall submit articles of
2401dissolution to the Department of State in accordance with s.
2402607.1403, Florida Statutes, or s. 617.1403, Florida Statutes, as
2403applicable. The Florida Space Authority shall also comply with
2404the dissolution procedures provided s. 189.4042, Florida
2405Statutes. Space Florida, as created by this act, is the
2406successor organization to the Florida Space Authority, the
2407Florida Space Research Institute, and the Florida Aerospace
2408Finance Corporation. The Florida Space Authority, the Florida
2409Space Research Institute, and the Florida Aerospace Finance
2410Corporation shall transfer and Space Florida shall receive all
2411records, property, obligations, and unexpended balances of
2412appropriations, allocations, or other funds of the dissolved
2413entities. To ensure compliance with 26 U.S.C. 501(c)(3), Space
2414Florida shall use the assets and funds transferred to it from
2415the Florida Space Research Institute and the Florida Aerospace
2416Finance Corporation in a manner consistent with the purposes for
2417which the originating entity received such assets and funds.
2418     Section 62.  The Governor, the President of the Senate, and
2419the Speaker of the House of Representatives shall appoint the
2420board of directors of Space Florida no later than July 1, 2006.
2421The board of directors of Space Florida shall hold its first
2422meeting no later than August 1, 2006. The board of directors of
2423Space Florida shall appoint a president no later than September
24241, 2006. The Executive Office of the Governor shall provide
2425staffing and transitional support to Space Florida until
2426December 31, 2006.
2427     Section 63.  Subsection (12) is added to section 288.1224,
2428Florida Statutes, to read:
2429     288.1224  Powers and duties.--The commission:
2430     (12)  Shall advise and cooperate with Space Florida
2431regarding space tourism marketing, when appropriate and
2432beneficial.
2433     Section 64.  Subsection (7) is added to section 288.9015,
2434Florida Statutes, to read:
2435     288.9015  Enterprise Florida, Inc.; purpose; duties.--
2436     (7)  Enterprise Florida, Inc., shall enter into an
2437agreement with Space Florida to:
2438     (a)  Develop a plan to retain, expand, attract, and create
2439aerospace industry entities, public or private, which result in
2440the creation of high-value-added businesses and jobs in this
2441state.
2442     (b)  Develop a plan to assist in the financing of aerospace
2443businesses.
2444     Section 65.  Subsection (33) is added to section 334.044,
2445Florida Statutes, to read:
2446     334.044  Department; powers and duties.--The department
2447shall have the following general powers and duties:
2448     (33)  To enter into agreement with Space Florida to
2449coordinate and cooperate in the development of spaceport
2450infrastructure and related transportation facilities contained
2451in the Strategic Intermodal System Plan and, where appropriate,
2452encourage the cooperation and integration of airports and
2453spaceports in order to meet transportation-related needs.
2454     Section 66.  Subsection (12) is added to section 445.004,
2455Florida Statutes, to read:
2456     445.004  Workforce Florida, Inc.; creation; purpose;
2457membership; duties and powers.--
2458     (12)  Workforce Florida, Inc., shall enter into agreement
2459with Space Florida and collaborate with vocational institutes,
2460community colleges, colleges, and universities in this state, to
2461develop a workforce development strategy to implement the
2462workforce provisions of s. 331.3051.
2463     Section 67.  Subsection (17) is added to section 1001.10,
2464Florida Statutes, read:
2465     1001.10  Commissioner of Education; general powers and
2466duties.--The Commissioner of Education is the chief educational
2467officer of the state, and is responsible for giving full
2468assistance to the State Board of Education in enforcing
2469compliance with the mission and goals of the seamless K-20
2470education system. To facilitate innovative practices and to
2471allow local selection of educational methods, the State Board of
2472Education may authorize the commissioner to waive, upon the
2473request of a district school board, State Board of Education
2474rules that relate to district school instruction and school
2475operations, except those rules pertaining to civil rights, and
2476student health, safety, and welfare. The Commissioner of
2477Education is not authorized to grant waivers for any provisions
2478in rule pertaining to the allocation and appropriation of state
2479and local funds for public education; the election,
2480compensation, and organization of school board members and
2481superintendents; graduation and state accountability standards;
2482financial reporting requirements; reporting of out-of-field
2483teaching assignments under s. 1012.42; public meetings; public
2484records; or due process hearings governed by chapter 120. No
2485later than January 1 of each year, the commissioner shall report
2486to the Legislature and the State Board of Education all approved
2487waiver requests in the preceding year. Additionally, the
2488commissioner has the following general powers and duties:
2489     (17)  To enter into agreement with Space Florida to develop
2490innovative aerospace-related education programs that promote
2491mathematics and science education for grades K-20.
2492
2493The commissioner's office shall operate all statewide functions
2494necessary to support the State Board of Education and the K-20
2495education system, including strategic planning and budget
2496development, general administration, and assessment and
2497accountability.
2498     Section 68.  There is appropriated for the 2006-2007 state
2499fiscal year to the Office of Tourism, Trade, and Economic
2500Development within the Office of the Governor $35 million of
2501nonrecurring funds from the General Revenue Fund to be used for
2502infrastructure needs related to the development of the National
2503Aeronautics and Space Administration's Crew Exploration Vehicle;
2504$3 million of nonrecurring funds from the General Revenue Fund
2505for operational needs of Space Florida, including operational
2506funding through September 1, 2006, for the Florida Space
2507Authority, the Florida Aerospace Finance Corporation, and the
2508Florida Space Research Institute; and $4 million of nonrecurring
2509funds from the General Revenue Fund for implementation of
2510innovative education programs and financing assistance for
2511aerospace business-development projects.
2512     Section 69.  Notwithstanding s. 331.308(1)(f), Florida
2513Statutes, the current board appointees, including ex officio
2514appointees, to the Florida Space Authority Board of Supervisors
2515shall complete their appointed terms as members of the Space
2516Florida Board and shall assist Space Florida with its
2517transition. Their historical perspective, insight, and expertise
2518will ensure continuity of operations. The Governor shall make
2519appointments to fill the remaining vacancies by July 1, 2006.
2520Other vacancies occurring prior to the expiration of a term may
2521be filled as provided in this act. The board of directors of
2522Space Florida shall hold its first meeting by August 1, 2006.
2523The board of directors shall appoint a president by September 1,
25242006. The Executive Office of the Governor shall provide
2525staffing and transition assistance to Space Florida until
2526December 31, 2006.
2527     Section 70.  This act shall take effect upon becoming a
2528law.


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