1 | A bill to be entitled |
2 | An act relating to the state's aerospace industry; |
3 | redesignating the "Florida Space Authority" as "Space |
4 | Florida"; creating s. 331.3011, F.S.; providing |
5 | legislative intent; amending s. 331.302, F.S.; |
6 | establishing and creating Space Florida as an independent |
7 | special district, a body politic and corporate, for |
8 | certain purposes; providing purposes and duties and |
9 | responsibilities of Space Florida; providing definitions; |
10 | revising and consolidating the roles, purposes, |
11 | responsibilities, assets, and duties of the Florida Space |
12 | Authority as those of Space Florida; deleting authority to |
13 | establish facilities and complementary activities; |
14 | providing additional powers and duties of Space Florida; |
15 | prohibiting Space Florida from endorsing political |
16 | candidates or making campaign contributions; |
17 | characterizing certain property as Space Florida |
18 | territory; creating s. 331.3051, F.S.; providing |
19 | additional powers and responsibilities of Space Florida |
20 | relating to the state's aerospace industry; deleting |
21 | authority to exercise eminent domain powers; requiring |
22 | Space Florida to create a business plan and a marketing |
23 | campaign; directing Space Florida to enter into agreements |
24 | with the Department of Education, the Department of |
25 | Transportation, Enterprise Florida, Inc., and Workforce |
26 | Florida, Inc., for certain purposes; requiring Space |
27 | Florida to coordinate its activities with federal and |
28 | state agencies; amending s. 331.308, F.S.; replacing |
29 | provisions providing for a board of supervisors with |
30 | provisions providing for a board of directors of Space |
31 | Florida; providing for designation and appointment of |
32 | members; providing requirements of board members; |
33 | providing for terms, removal of members, and filling of |
34 | vacancies; providing for board meetings; specifying |
35 | service without compensation; providing for reimbursement |
36 | of certain expenses; providing financial disclosure |
37 | requirements; revising powers and duties of the board; |
38 | amending ss. 331.301, 331.303, 331.305, 331.306, 331.309, |
39 | 331.310, 331.3101, 331.311, 331.312, 331.313, 331.316, |
40 | 331.317, 331.318, 331.319, 331.320, 331.321, 331.322, |
41 | 331.323, 331.324, 331.325, 331.326, 331.327, 331.328, |
42 | 331.329, 331.331, 331.333, 331.334, 331.335, 331.336, |
43 | 331.337, 331.338, 331.339, 331.340, 331.343, 331.345, |
44 | 331.346, 331.347, 331.348, 331.349, 331.350, 331.351, |
45 | 331.354, 331.355, 331.360, and 331.369, F.S., to conform; |
46 | amending ss. 14.2015, 74.011, 196.012, 212.02, 288.063, |
47 | 288.075, 288.35, and 288.9415, F.S., to conform; amending |
48 | s. 212.08, F.S.; revising the exemption from the sales and |
49 | use tax on certain machinery and equipment; creating s. |
50 | 1004.86, F.S.; requiring the Department of Education to |
51 | contract for the establishment of the Florida Center for |
52 | Mathematics and Science Education Research at a public or |
53 | private university; specifying requirements for the |
54 | center; repealing s. 331.314, F.S., relating to the |
55 | exclusive authority of the Florida Space Authority to |
56 | regulate spaceports; repealing s. 331.315, F.S., relating |
57 | to maintenance of projects across rights-of-way; repealing |
58 | s. 331.367, F.S., relating to the Spaceport Management |
59 | Council; repealing s. 331.368, F.S., relating to the |
60 | Florida Space Research Institute; repealing ss. 331.401, |
61 | 331.403, 331.405, 331.407, 331.409, 331.411, 331.415, |
62 | 331.417, and 331.419, F.S., relating to the Florida |
63 | Aerospace Finance Corporation; requiring the Florida Space |
64 | Authority, the Florida Space Research Institute, and the |
65 | Florida Aerospace Finance Corporation to submit articles |
66 | of dissolution to the Department of State by a specified |
67 | date; providing that Space Florida assumes the records, |
68 | property, and unexpended balances of appropriations, |
69 | allocations, and other funds from the dissolved entities; |
70 | requiring the Governor, the President of the Senate, and |
71 | the Speaker of the House of Representatives to appoint the |
72 | board of directors of Space Florida by a specified date; |
73 | requiring the board of directors of Space Florida to hold |
74 | its first meeting by a specified date; amending s. |
75 | 228.1224, F.S.; requiring the Florida Commission on |
76 | Tourism to advise and cooperate with Space Florida under |
77 | certain circumstances; amending ss. 288.9015, 334.044, |
78 | 445.004, and 1001.10, F.S.; requiring Enterprise Florida, |
79 | Inc., the Department of Transportation, Workforce Florida, |
80 | Inc., and the Commissioner of Education to enter into |
81 | agreement with Space Florida for certain purposes; |
82 | providing appropriations; requiring current Florida Space |
83 | Authority board members to complete their terms as |
84 | appointees of the Space Florida board; requiring the |
85 | Governor to appoint the remaining members of the board; |
86 | providing for vacancies; providing for staffing; providing |
87 | an effective date. |
88 |
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89 | Be It Enacted by the Legislature of the State of Florida: |
90 |
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91 | Section 1. Section 331.301, Florida Statutes, is amended |
92 | to read: |
93 | 331.301 Short title.--This act may be cited as the "Space |
94 | Florida Space Authority Act." |
95 | Section 2. Section 331.3011, Florida Statutes, is created |
96 | to read: |
97 | 331.3011 Legislative findings and intent.-- |
98 | (1) The Legislature finds and declares that the aerospace |
99 | industry of this state is integral to the state's long-term |
100 | success in diversifying its economy and building a knowledge- |
101 | based economy that is able to support the creation of high |
102 | value-added businesses and jobs. Further, under the direction of |
103 | Space Florida, this state has the opportunity to strengthen its |
104 | existing leadership in civil, commercial, and military aerospace |
105 | activity and emerge as a leader in the nation's new vision for |
106 | space exploration and commercial aerospace opportunities, |
107 | including the integration of space, aeronautics, and aviation |
108 | technologies. As the leading location for talent, research, |
109 | advanced technologies and systems development, launch, and other |
110 | aerospace-based industry activities, this state can position |
111 | itself for sustainable economic growth and prosperity. |
112 | (2) The Legislature finds that attaining this vision |
113 | requires a strong public and private commitment to a world class |
114 | aerospace industry. It is the intent of the Legislature that |
115 | Space Florida will encourage the public and private sectors to |
116 | work together to implement an aggressive strategy that enhances |
117 | the state's workforce, education, and research capabilities, |
118 | with emphasis on mathematics, science, engineering, and related |
119 | fields; will focus on the state's economic development efforts |
120 | in order to capture a larger share of activity in aerospace |
121 | research, technology, production, and commercial operations, |
122 | while maintaining the state's historical leadership in space |
123 | launch activities; and will preserve the unique national role |
124 | served by the Cape Canaveral Air Force Station and the John F. |
125 | Kennedy Space Center by reducing costs and improving the |
126 | regulatory flexibility for commercial sector launches while |
127 | pursuing the development of complementary sites for commercial |
128 | horizontal launches. |
129 | (3) It is the intent of the Legislature that aerospace |
130 | activities be highly visible and well-coordinated within this |
131 | state. To that end, it is the intent of the Legislature that |
132 | Space Florida will be the single point of contact for state |
133 | aerospace-related activities with federal agencies, the |
134 | military, state agencies, businesses, and the private sector. |
135 | Section 3. Section 331.302, Florida Statutes, is amended |
136 | to read: |
137 | (Substantial rewording of section. See |
138 | s. 331.302, F.S., for present text.) |
139 | 331.302 Space Florida; creation; purpose.-- |
140 | (1) There is established, formed, and created Space |
141 | Florida, which is created as an independent special district, a |
142 | body politic and corporate, and a subdivision of the state, to |
143 | foster the growth and development of a sustainable and world- |
144 | leading aerospace industry in this state. Space Florida shall |
145 | promote aerospace business development by facilitating business |
146 | financing, spaceport operations, research and development, |
147 | workforce development, and innovative education programs. Space |
148 | Florida has all the powers, rights, privileges, and authority as |
149 | provided under the laws of this state. |
150 | (2) In carrying out its duties and responsibilities, Space |
151 | Florida shall advise, coordinate, cooperate, and, when |
152 | necessary, enter into memoranda of agreement with |
153 | municipalities, counties, regional authorities, state agencies |
154 | and organizations, appropriate federal agencies and |
155 | organizations, and other interested persons and groups. |
156 | (3) Space Florida may not endorse any candidate for any |
157 | elected public office or contribute money to the campaign of any |
158 | candidate for public office. |
159 | (4) Space Florida is not an agency as defined in ss. |
160 | 216.011 and 287.012. |
161 | (5) Space Florida is subject to applicable provisions of |
162 | chapter 189. To the extent that any provisions of chapter 189 |
163 | conflict with this act, this act shall prevail. |
164 | Section 4. Section 331.303, Florida Statutes, is amended |
165 | to read: |
166 | 331.303 Definitions.-- |
167 | (1) "Aerospace" means the industry that designs and |
168 | manufactures aircraft, rockets, missiles, spacecraft, |
169 | satellites, space vehicles, space stations, space facilities or |
170 | components thereof, and equipment, systems, facilities, |
171 | simulators, programs, and related activities, including, but not |
172 | limited to, the application of aerospace technologies in air- |
173 | based, land-based, and sea-based platforms for commercial, |
174 | civil, and defense purposes. "Authority" means the Florida Space |
175 | Authority created by this act. |
176 | (2) "Board" or "board of directors supervisors" means the |
177 | governing body of Space Florida the authority. |
178 | (3) "Bonds" means revenue bonds, assessment bonds, or |
179 | other bonds or obligations issued by Space Florida the authority |
180 | for the purpose of raising financing for its projects. |
181 | (4) "Business client" means any person, other than a state |
182 | official or state employee, who receives the services of, or is |
183 | the subject of solicitation by, representatives of Space Florida |
184 | the authority in connection with the performance of its |
185 | statutory duties, including purchasers or prospective purchasers |
186 | of Space Florida authority services, persons or representatives |
187 | of firms considering or being solicited for investment in Space |
188 | Florida authority projects, persons or representatives of firms |
189 | considering or being solicited for location, relocation, or |
190 | expansion of an aerospace-related a space-related business |
191 | within the state, and business, financial, or other persons |
192 | connected with the aerospace space industry. |
193 | (5) "Complementary activity" means any space business |
194 | incubator, space tourism activity, educational involvement in an |
195 | incubator, or space tourism and space-related research and |
196 | development. |
197 | (6) "Conduit bond" means any bond of the authority which |
198 | is a nonrecourse obligation of the authority payable from the |
199 | proceeds of such bonds and related financing agreements. |
200 | (5)(7) "Cost" means all costs, fees, charges, expenses, |
201 | and amounts associated with the development of projects by Space |
202 | Florida the authority. |
203 | (6)(8) "Entertainment expenses" means the actual, |
204 | necessary, and reasonable costs of providing hospitality for |
205 | business clients or guests, which costs are defined and |
206 | prescribed by rules adopted by Space Florida the authority, |
207 | subject to approval by the Chief Financial Officer. |
208 | (9) "Federal aid" means any property, funding, or other |
209 | financial assistance provided by the Federal Government to the |
210 | authority for its projects. |
211 | (7)(10) "Financing agreement" means a lease, lease- |
212 | purchase agreement, lease with option to purchase, sale or |
213 | installment sale agreement, whether title passes in whole or in |
214 | part at any time before prior to, at, or after completion of the |
215 | project, loan agreement, or other agreement forming the basis |
216 | for the financing under this act, including any agreements, |
217 | guarantees, or security instruments forming part of or related |
218 | to providing assurance of payment of the obligations under the |
219 | such financing agreement. |
220 | (8)(11) "Guest" means a person, other than a state |
221 | official or state employee, authorized by the board or its |
222 | designee to receive the hospitality of Space Florida the |
223 | authority in connection with the performance of its statutory |
224 | duties. |
225 | (9)(12) "Landing area" means the geographical area |
226 | designated by Space Florida the authority within the spaceport |
227 | territory for or intended for the landing and surface |
228 | maneuvering of any launch or other space vehicle. |
229 | (10)(13) "Launch pad" means any launch pad, runway, |
230 | airstrip, or similar facility used by the spaceport or spaceport |
231 | user for launching of space vehicles. |
232 | (11)(14) "Payload" means any property or cargo to be |
233 | transported aboard any vehicle launched by or from the |
234 | spaceport. |
235 | (12)(15) "Person" means any individual, child, community |
236 | college, college, university, firm, association, joint venture, |
237 | partnership, estate, trust, business trust, syndicate, |
238 | fiduciary, corporation, nation, government (federal, state, or |
239 | local), agency (government or other), subdivision of the state, |
240 | municipality, county, business entity, or any other group or |
241 | combination. |
242 | (13)(16) "Project" means any activity associated with any |
243 | development, improvement, property, launch, utility, facility, |
244 | system, works, road, sidewalk, enterprise, service, or |
245 | convenience, which may include coordination with federal and |
246 | state partners or agencies Enterprise Florida, Inc., the Board |
247 | of Education, the Florida Aerospace Finance Corporation, and the |
248 | Florida Space Research Institute; any rocket, capsule, module, |
249 | launch facility, assembly facility, operations or control |
250 | facility, tracking facility, administrative facility, or any |
251 | other type of aerospace-related space-related transportation |
252 | vehicle, station, or facility; any type of equipment or |
253 | instrument to be used or useful in connection with any of the |
254 | foregoing; any type of intellectual property and intellectual |
255 | property protection in connection with any of the foregoing |
256 | including, without limitation, any patent, copyright, trademark, |
257 | and service mark for, among other things, computer software; any |
258 | water, wastewater, gas, or electric utility system, plant, or |
259 | distribution or collection system; any small business incubator |
260 | initiative, including any startup aerospace company, and any |
261 | aerospace business proposing to expand or locate its business in |
262 | this state, research and development company, research and |
263 | development facility, education and workforce training facility, |
264 | storage facility, and consulting service; or any tourism |
265 | initiative, including any space experience attraction, |
266 | microgravity flight program, aerospace launch-related space- |
267 | launch-related activity, and space museum sponsored or promoted |
268 | by Space Florida the authority. |
269 | (14)(17) "Range" means the geographical area designated by |
270 | Space Florida the authority or other appropriate body as the |
271 | area for the launching of rockets, missiles, launch vehicles, |
272 | and other vehicles designed to reach high altitude. |
273 | (15)(18) "Recovery" means the recovery of space vehicles |
274 | and payloads which have been launched from or by a the |
275 | spaceport. |
276 | (16)(19) "Spaceport" means any area of land or water, or |
277 | any manmade object or facility located therein, developed by |
278 | Space Florida the authority under this act, which area is |
279 | intended for public use or for the launching, takeoff, and |
280 | landing of spacecraft and aircraft, and includes any appurtenant |
281 | areas which are used or intended for public use, for spaceport |
282 | buildings, or for other spaceport facilities, spaceport |
283 | projects, or rights-of-way. |
284 | (20) "Spaceport Florida" means the authority or its |
285 | facilities and projects. |
286 | (17)(21) "Spaceport launch facilities" means shall be |
287 | defined as industrial facilities as described in accordance with |
288 | s. 380.0651(3)(c) and include any launch pad, launch control |
289 | center, and fixed launch-support equipment. |
290 | (22) "Spaceport system" means the programs, organizations, |
291 | and infrastructure developed by the authority for the |
292 | development of facilities or activities to enhance and provide |
293 | commercial space-related development opportunities for business, |
294 | education, and government within the state. |
295 | (18)(23) "Spaceport territory" means the geographical area |
296 | designated in s. 331.304 and as amended or changed in accordance |
297 | with s. 331.329. |
298 | (19)(24) "Spaceport user" means any person who uses the |
299 | facilities or services of any spaceport; and, for the purposes |
300 | of any exemptions or rights granted under this act, the said |
301 | spaceport user shall be deemed a spaceport user only during the |
302 | time period in which the such person has in effect a contract, |
303 | memorandum of understanding, or agreement with the spaceport, |
304 | and such rights and exemptions shall be granted with respect to |
305 | transactions relating only to spaceport projects. |
306 | (20)(25) "Travel expenses" means the actual, necessary, |
307 | and reasonable costs of transportation, meals, lodging, and |
308 | incidental expenses normally incurred by a traveler, which costs |
309 | are defined and prescribed by rules adopted by Space Florida the |
310 | authority, subject to approval by the Chief Financial Officer. |
311 | (21)(26) "Spaceport discretionary capacity improvement |
312 | projects" means capacity improvements that enhance space |
313 | transportation capacity at spaceports that have had one or more |
314 | orbital or suborbital flights during the previous calendar year |
315 | or have an agreement in writing for installation of one or more |
316 | regularly scheduled orbital or suborbital flights upon the |
317 | commitment of funds for stipulated spaceport capital |
318 | improvements. |
319 | Section 5. Section 331.305, Florida Statutes, is amended |
320 | to read: |
321 | 331.305 Powers of Space Florida the authority.--Space |
322 | Florida may The authority shall have the power to: |
323 | (1) Exercise all powers granted to corporations under the |
324 | Florida Business Corporation Act, chapter 607. |
325 | (1)(2) Sue and be sued by its name in any court of law or |
326 | in equity. |
327 | (2)(3) Adopt and use a corporate seal and alter the same |
328 | at pleasure. |
329 | (3) Conduct its affairs, carry on its operations, and have |
330 | offices and exercise the powers granted by this act in any |
331 | state, territory, district, or possession of the United States |
332 | or any foreign country. |
333 | (4) Acquire, enjoy, use, and dispose of patents, |
334 | copyrights, and trademarks and any licenses and other rights or |
335 | interests under or in such licenses. |
336 | (5) Purchase, take, receive, subscribe for, or otherwise |
337 | acquire, own, hold, vote, use, employ, sell, mortgage, lend, |
338 | pledge, or otherwise dispose of and otherwise use and deal in |
339 | and with shares and other interests in, or obligations of, other |
340 | domestic or foreign corporations, whether for profit or not for |
341 | profit, associations, partnerships, or individuals, or direct or |
342 | indirect obligations of the United States, or of any other |
343 | government, state, territory, governmental district, |
344 | municipality, or of any instrumentality of such governmental |
345 | units. |
346 | (6) Lend money for its purposes, invest and reinvest its |
347 | funds, and take and hold real and personal property as security |
348 | for the payment of funds loaned. |
349 | (7) Have and exercise all powers necessary or convenient |
350 | to effect any or all of the purposes for which it is organized. |
351 | (4) Review and make recommendations with respect to a |
352 | strategy to guide and facilitate the future of space-related |
353 | educational and commercial development. The authority shall in |
354 | coordination with the Federal Government, private industry, and |
355 | Florida universities develop a business plan which shall address |
356 | the expansion of Spaceport Florida locations, space launch |
357 | capacity, spaceport projects, and complementary activities, |
358 | which shall include, but not be limited to, a detailed analysis |
359 | of: |
360 | (a) The authority and the commercial space industry. |
361 | (b) Products, services description--potential, |
362 | technologies, skills. |
363 | (c) Market research and evaluation--customers, |
364 | competition, economics. |
365 | (d) Marketing plan and strategy. |
366 | (e) Design and development plan--tasks, difficulties, |
367 | costs. |
368 | (f) Manufacturing locations, facilities, and operations |
369 | plan. |
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, |
374 | community development. |
375 | (k) Financial plan (monthly for first year; quarterly for |
376 | next 3 years). |
377 | (l) Proposed authority offering--financing, |
378 | capitalization, use of funds. |
379 | (8)(5) Acquire property, real, personal, intangible, |
380 | tangible, or mixed, within or without its territorial limits, in |
381 | fee simple or any lesser interest or estate, by purchase, gift, |
382 | devise, or lease, on such terms and conditions as the board may |
383 | deem necessary or desirable, and sell or otherwise dispose of |
384 | the same and of any of the assets and properties of Space |
385 | Florida the authority. |
386 | (9)(6) Make and execute any and all contracts and other |
387 | instruments necessary or convenient to the exercise of its |
388 | powers, including financing agreements with persons or spaceport |
389 | users to facilitate the financing, construction, leasing, or |
390 | sale of any project. |
391 | (10)(7) Whenever deemed necessary by the board, lease as |
392 | lessor or lessee to or from any person, public or private, any |
393 | facilities or property for the use of Space Florida the |
394 | authority and carry out any of the purposes of Space Florida the |
395 | authority. |
396 | (8) Appoint, through its board of supervisors, an |
397 | executive director. |
398 | (11)(9) Own, acquire, construct, develop, create, |
399 | reconstruct, equip, operate, maintain, extend, and improve |
400 | launch pads, landing areas, ranges, payload assembly buildings, |
401 | payload processing facilities, laboratories, aerospace space |
402 | business incubators, launch vehicles, payloads, space flight |
403 | hardware, facilities and equipment for the construction of |
404 | payloads, space flight hardware, rockets, and other launch |
405 | vehicles, and other spaceport facilities and other aerospace- |
406 | related space-related systems, including educational, cultural, |
407 | and parking facilities and aerospace-related space-related |
408 | initiatives. |
409 | (10) Undertake a program of advertising to the public |
410 | promoting space-related businesses or any spaceport projects of |
411 | the authority, and expend moneys and undertake such activities |
412 | to carry out such advertising and promotional program as the |
413 | board from time to time may determine. |
414 | (12)(11) Own, acquire, construct, reconstruct, equip, |
415 | operate, maintain, extend, or and improve transportation |
416 | facilities appropriate to meet the transportation requirements |
417 | of Space Florida the authority and activities conducted within |
418 | the spaceport territory. |
419 | (13)(12) Own, acquire, construct, reconstruct, equip, |
420 | operate, maintain, extend, or and improve electric power plants, |
421 | transmission lines and related facilities, gas mains and |
422 | facilities of any nature for the production or distribution of |
423 | natural gas, transmission lines and related facilities and |
424 | plants and facilities for the generation and transmission of |
425 | power through traditional and new and experimental sources of |
426 | power and energy; purchase electric power, natural gas, and |
427 | other sources of power for distribution within any spaceport |
428 | territory; develop and operate water and sewer systems and waste |
429 | collection and disposal consistent with chapter 88-130, Laws of |
430 | Florida; and develop and operate such new and experimental |
431 | public utilities, including, but not limited to, centrally |
432 | distributed heating and air-conditioning facilities and |
433 | services, closed-circuit television systems, and computer |
434 | services and facilities, as the board may from time to time |
435 | determine. However, Space Florida may the authority shall not |
436 | construct any system, work, project, or utility authorized to be |
437 | constructed under this paragraph in the event that a system, |
438 | work, project, or utility of a similar character is being |
439 | actually operated by a municipality or private company in the |
440 | municipality or territory adjacent thereto, unless such |
441 | municipality or private company consents to such construction. |
442 | (14)(13) Designate, set aside, and maintain lands and |
443 | areas within or without the territorial limits of any spaceport |
444 | territory as conservation areas or bird and wildlife |
445 | sanctuaries; stock such areas with animal and plant life and |
446 | stock water areas with fish and other aquatic life; adopt |
447 | pursuant to ss. 120.536(1) and 120.54 promulgate and enforce |
448 | rules and regulations with respect thereto and protect and |
449 | preserve the natural beauty thereof; and do all acts necessary |
450 | or desirable in order to qualify such lands and areas as |
451 | conservation areas and sanctuaries under any of the laws of the |
452 | state or under federal law. |
453 | (15)(14) Establish a program for the control, abatement, |
454 | and elimination of mosquitoes and other noxious insects, |
455 | rodents, reptiles, and other pests throughout the spaceport |
456 | territory and undertake such works and construct such facilities |
457 | within or without the spaceport territory as may be determined |
458 | by the board to be needed to effectuate such program; abate and |
459 | suppress mosquitoes and other arthropods, whether disease- |
460 | bearing or pestiferous, within any spaceport territory when in |
461 | the judgment of the board such action is necessary or desirable |
462 | for the health and welfare of the inhabitants of or visitors to |
463 | any spaceport; and take any and all temporary or permanent |
464 | eliminative measures that the board may deem advisable. The |
465 | Legislature hereby finds and declares Space Florida the |
466 | authority eligible to receive state funds, supplies, services, |
467 | and equipment available or that may in the future become |
468 | available to mosquito or pest control districts, the provisions |
469 | of s. 388.021 notwithstanding. |
470 | (16)(15) Subject to the rules and regulations of the |
471 | appropriate water management district, own, acquire, construct, |
472 | reconstruct, equip, maintain, operate, extend, and improve water |
473 | and flood control facilities. The Legislature hereby finds and |
474 | declares Space Florida the authority eligible to receive moneys, |
475 | disbursements, and assistance from the state available to flood |
476 | control or water management districts and navigation districts |
477 | or agencies. |
478 | (17)(16) Own, acquire, construct, reconstruct, equip, |
479 | maintain, operate, extend, and improve public safety facilities |
480 | for the spaceport, including security stations, security |
481 | vehicles, fire stations, water mains and plugs, and fire trucks |
482 | and other vehicles and equipment; hire employees, security |
483 | officers, and firefighters; and undertake such works and |
484 | construct such facilities determined by the board to be |
485 | necessary or desirable to promote and ensure public safety |
486 | within the spaceport territory. |
487 | (18)(17) Hire, through its president executive director, a |
488 | safety officer with substantial experience in public safety |
489 | procedures and programs for space vehicle launching and related |
490 | hazardous operations. The safety officer shall monitor and |
491 | report on the safety and hazards of ground-based space |
492 | operations to the president executive director. |
493 | (18) Establish a personnel management system for hiring |
494 | employees and setting employee benefit packages. The personnel |
495 | of the authority shall not be considered to be within the state |
496 | employment system. |
497 | (19) Establish procedures, rules, and rates governing per |
498 | diem and travel expenses of its employees, the members of the |
499 | board of supervisors, and other persons authorized by the board |
500 | to incur such expenses. Except as otherwise provided in s. |
501 | 331.3101, such rules are subject to provisions of state law or |
502 | rules pertaining to per diem and travel expenses of public |
503 | officers, employees, or other persons authorized by an agency |
504 | head to incur such expenses. |
505 | (19)(20) Examine, develop, and use utilize new concepts, |
506 | designs, and ideas; own, acquire, construct, reconstruct, equip, |
507 | operate, maintain, extend, and improve experimental spaceport |
508 | facilities and services; and otherwise undertake, sponsor, |
509 | finance, and maintain such research activities, experimentation, |
510 | and development as the board may from time to time determine, in |
511 | connection with any of the projects that Space Florida the |
512 | authority is authorized to undertake pursuant to the powers and |
513 | authority vested in it by this act, and in order to promote the |
514 | development and utilization of new concepts, designs, and ideas |
515 | in the fields of space exploration, commercialization of the |
516 | space industry, and spaceport facilities. |
517 | (20)(21) Issue revenue bonds, assessment bonds, or any |
518 | other bonds or obligations authorized by the provisions of this |
519 | act or any other law, or any combination of the foregoing, and |
520 | pay all or part of the cost of the acquisition, construction, |
521 | reconstruction, extension, repair, improvement, or maintenance |
522 | of any project or combination of projects, including payloads |
523 | and space flight hardware, and equipment for research, |
524 | development, and educational activities, to provide for any |
525 | facility, service, or other activity of Space Florida the |
526 | authority, and provide for the retirement or refunding of any |
527 | bonds or obligations of Space Florida the authority, or for any |
528 | combination of the foregoing purposes. Space Florida The |
529 | authority must provide 14 days' notice to the presiding officers |
530 | and appropriations chairs of both houses of the Legislature |
531 | prior to presenting a bond proposal to the Governor and Cabinet. |
532 | If either presiding officer or appropriations chair objects to |
533 | the bonding proposal within the 14-day-notice period, the bond |
534 | issuance may be approved only by a vote of three-fourths two- |
535 | thirds of the members of the Governor and Cabinet. |
536 | (21)(22) Make expenditures for entertainment and travel |
537 | expenses and business clients, guests, and other authorized |
538 | persons as provided in this act. |
539 | (22)(23) In connection with any financing agreement, fix |
540 | and collect fees, loan payments, rental payments, and other |
541 | charges for the use of any project in such amount as to provide |
542 | sufficient moneys to pay the principal of and interest on bonds |
543 | as the same shall become due and payable, if so provided in the |
544 | bond resolution or trust agreement, and to create reserves for |
545 | such purposes. The fees, rents, payments, and charges and all |
546 | other revenues and proceeds derived from the project in |
547 | connection with which the bonds of any issue shall have been |
548 | issued, except such part thereof as may be necessary for such |
549 | reserves or any expenditures as may be provided in the |
550 | resolution authorizing the issuance of the bonds or in the trust |
551 | agreement securing the same, shall be set aside, at the time as |
552 | may be specified in the resolution or trust agreement, in a |
553 | sinking fund which may be pledged to and charged with the |
554 | payment of the principal of and the interest on such bonds as |
555 | the same shall become due and the redemption price or the |
556 | purchase price of bonds retired by call or purchase as therein |
557 | provided. Such pledge is shall be valid and binding from the |
558 | time the pledge is made. The fees, rents, charges, and other |
559 | revenues and moneys so pledged and thereafter received by or on |
560 | behalf of Space Florida the authority shall immediately be |
561 | subject to the lien of any such pledge without any physical |
562 | delivery thereof or further act, and the lien of any such pledge |
563 | is shall be valid and binding as against all parties having |
564 | claims of any kind in tort, contract, or otherwise against Space |
565 | Florida the authority, irrespective of whether such parties have |
566 | notice thereof. Neither the resolution nor any trust agreement |
567 | by which a pledge is created need be filed or recorded, except |
568 | in the records of Space Florida the authority. The use and |
569 | disposition of money to the credit of the sinking fund shall be |
570 | subject to the provisions of the resolution authorizing the |
571 | issuance of such bonds or the provisions of such trust |
572 | agreement. |
573 | (24) Exercise the right and power of eminent domain in |
574 | spaceport territory as defined in s. 331.304. In exercising such |
575 | power, the authority shall comply with the procedures and |
576 | requirements of chapters 73 and 74. |
577 | Section 6. Section 331.3051, Florida Statutes, is created |
578 | to read: |
579 | 331.3051 Duties of Space Florida.--Space Florida shall: |
580 | (1) Create a business plan to foster the growth and |
581 | development of the aerospace industry. The business plan must |
582 | address business development; finance; spaceport operations; |
583 | research and development; workforce development; and education. |
584 | The business plan must be completed by March 1, 2007, and be |
585 | revised when determined as necessary by the board. |
586 | (2) Enter into agreement with the Department of Education, |
587 | the Department of Transportation, Enterprise Florida, Inc., and |
588 | Workforce Florida, Inc., for the purpose of implementing this |
589 | act. |
590 | (3) In cooperation with Enterprise Florida, Inc., develop |
591 | a plan to retain, expand, attract, and create aerospace industry |
592 | entities, public or private, which results in the creation of |
593 | high-value-added businesses and jobs in this state. |
594 | (4) Create a marketing campaign to help attract, develop, |
595 | and retain aerospace businesses, aerospace research and |
596 | technology, and other related activities in this state. Space |
597 | Florida shall attempt to coordinate the campaign with existing |
598 | economic-development-promotion efforts in this state and may use |
599 | private resources. Marketing strategies may include developing |
600 | promotional materials, Internet and print advertising, public |
601 | relations and media placement, trade show attendance, and other |
602 | activities. |
603 | (5) Consult with the Florida Commission on Tourism in |
604 | developing a space tourism marketing plan. Space Florida and the |
605 | Florida Commission on Tourism may enter into a mutually |
606 | beneficial agreement that provides funding to the commission for |
607 | its services to implement this subsection. |
608 | (6) Develop, in cooperation with Enterprise Florida, Inc., |
609 | a plan to provide financing assistance to aerospace businesses. |
610 | The plan may include the following activities: |
611 | (a) Assembling, publishing, and disseminating information |
612 | concerning financing opportunities and techniques for aerospace |
613 | projects, programs, and activities; sources of public and |
614 | private aerospace financing assistance; and sources of |
615 | aerospace-related financing. |
616 | (b) Organizing, hosting, and participating in seminars and |
617 | other forums designed to disseminate information and technical |
618 | assistance regarding aerospace-related financing. |
619 | (c) Coordinating with programs and goals of the Department |
620 | of Defense, the National Aeronautics and Space Administration, |
621 | the Export-Import Bank of the United States, the International |
622 | Trade Administration of the United States Department of |
623 | Commerce, the Foreign Credit Insurance Association, and other |
624 | private and public programs and organizations, domestic and |
625 | foreign. |
626 | (d) Establishing a network of contacts among those |
627 | domestic and foreign public and private organizations that |
628 | provide information, technical assistance, and financial support |
629 | to the aerospace industry. |
630 | (e) Financing aerospace business development projects or |
631 | initiatives using funds provided by the Legislature. |
632 | (7) Carry out its responsibilities for spaceport |
633 | operations by: |
634 | (a) Seeking federal support and developing partnerships to |
635 | renew and upgrade the infrastructure and technologies at the |
636 | Cape Canaveral Air Force Station, the John F. Kennedy Space |
637 | Center, and the Eastern Range that will enhance space and |
638 | military programs of the Federal Government, and improve access |
639 | for commercial launch activities. |
640 | (b) Supporting federal efforts to clarify roles and |
641 | responsibilities of federal agencies and eliminate duplicative |
642 | federal rules and policies, in an effort to streamline access |
643 | for commercial launch users. |
644 | (c) Pursuing the development of commercial spaceports in |
645 | the state, in addition to those defined in s. 331.304, through a |
646 | competitive request for proposals in partnership with counties |
647 | or municipalities, the Federal Government, or private entities. |
648 | (d) Promoting and facilitating launch activity within the |
649 | state by supporting and assisting commercial launch operators in |
650 | completing and submitting required documentation and gaining |
651 | approvals and authorization from the required federal agencies |
652 | for launching from Florida. |
653 | (e) Consulting, as necessary, with the appropriate |
654 | federal, state, and local authorities, including the National |
655 | Aeronautics and Space Administration, the Federal Aviation |
656 | Administration, the Department of Defense, the Department of |
657 | Transportation, the Florida National Guard, and industry on all |
658 | aspects of establishing and operating spaceport infrastructure |
659 | and related facilities within the state. |
660 | (8) Carry out its responsibility for research and |
661 | development by: |
662 | (a) Contracting for the operations of the state's Space |
663 | Life Sciences Laboratory. |
664 | (b) Working in collaboration with one or more public or |
665 | private universities and other public or private entities to |
666 | develop a proposal for a Center of Excellence for Aerospace that |
667 | will foster and promote the research necessary to develop |
668 | commercially promising, advanced, and innovative science and |
669 | technology and will transfer those discoveries to the commercial |
670 | sector. |
671 | (9) Carry out its responsibility for workforce development |
672 | by coordinating with Workforce Florida, Inc., community |
673 | colleges, colleges, public and private universities, and other |
674 | public and private partners to develop a plan to retain, train, |
675 | and retrain workers, from entry-level skills training through to |
676 | technician-level, and 4-year degrees and higher, with the skills |
677 | most relevant to aerospace employers. |
678 | (10) Carry out its responsibility for creating innovative |
679 | education programs by funding programs developed in conjunction |
680 | with the Department of Education that target grades K-20 in an |
681 | effort to promote mathematics and science education programs, |
682 | which may include the Florida-NASA Matching Grant Program, |
683 | aerospace-focused education programs for teachers, education- |
684 | oriented microgravity flight programs for teachers and students, |
685 | and Internet-based aerospace education. Funds appropriated and |
686 | any in-kind or private-sector contributions may be used to carry |
687 | out innovative education programs. Funding levels shall be |
688 | determined by the Space Florida board of directors. In its |
689 | annual report, Space Florida shall include, at a minimum, a |
690 | description of programs funded, the number of students served, |
691 | and private-sector support. |
692 | (11) Annually report on its performance with respect to |
693 | its business plan, to include finance, spaceport operations, |
694 | research and development, workforce development, and education. |
695 | The report shall be submitted to the Governor, the President of |
696 | the Senate, and the Speaker of the House of Representatives no |
697 | later than September 1 for the prior fiscal year. |
698 | Section 7. Section 331.306, Florida Statutes, is amended |
699 | to read: |
700 | 331.306 Federal airspace notification.--In accordance |
701 | coordination with Federal Aviation Administration procedures the |
702 | Florida Department of Transportation, Space Florida the |
703 | authority shall develop and file the appropriate federal |
704 | airspace notification to activate special-use airspace in |
705 | support of its launch operations required for priority airspace |
706 | use. |
707 | Section 8. Section 331.308, Florida Statutes, is amended |
708 | to read: |
709 | 331.308 Board of directors supervisors.-- |
710 | (1) Space Florida shall be governed by a board of |
711 | directors. Designees of appointed members do not have voting |
712 | authority. The board of directors shall consist of the following |
713 | members: |
714 | (a) The Governor or the Governor's designee. |
715 | (b) The Secretary of Transportation or the secretary's |
716 | designee. |
717 | (c) The president of Workforce Florida, Inc., or the |
718 | president's designee. |
719 | (d) The president of Enterprise Florida, Inc., or the |
720 | president's designee. |
721 | (e) The Commissioner of Education or the commissioner's |
722 | designee. |
723 | (f) Twelve members from the private sector, one of whom |
724 | shall be a representative of organized labor with professional |
725 | experience in the aerospace industry, appointed by the Governor. |
726 | In making these appointments, the Governor shall ensure that the |
727 | composition of the board reflects the diversity of the aerospace |
728 | industry community of this state and, to the greatest degree |
729 | possible, that the composition of the board includes, but is not |
730 | limited to, at least one individual from each of the industries |
731 | of business, finance, marketing, space, aerospace, aviation, |
732 | defense, research and development, and education. The Governor |
733 | shall also consider whether the current members of the board, |
734 | together with potential appointees, reflect the racial, ethnic, |
735 | and gender diversity, as well as the geographic distribution, of |
736 | the population of the state. |
737 | (g) Two ex officio, nonvoting members, one of whom shall |
738 | be a member of the Senate, selected by the President of the |
739 | Senate, and one of whom shall be a member of the House of |
740 | Representatives, selected by the Speaker of the House of |
741 | Representatives. |
742 | (2)(a) Vacancies on the board shall be filled for the |
743 | unexpired term in the same manner as the original appointments |
744 | to the board. |
745 | (b) Each member of the board of directors shall serve for |
746 | a term of 4 years, except that the initial terms shall be |
747 | staggered. |
748 | 1. The Governor shall appoint two members for a 1-year |
749 | term, four members for 2-year terms, and six members for 4-year |
750 | terms. |
751 | 2. The appointees of the President of the Senate and the |
752 | Speaker of the House of Representatives shall serve at the |
753 | pleasure of their presiding officers. |
754 | (c) Any member is eligible for reappointment. |
755 | (3) Appointed members may be removed by the Governor for |
756 | cause. Absence from three consecutive meetings without good |
757 | cause shall result in automatic removal by the Governor. |
758 | (4) All private sector members are subject to confirmation |
759 | by the Senate at the next regular session of the Legislature. |
760 | (5) The Governor shall serve as chair of the board of |
761 | directors. The board of directors shall biennially elect one of |
762 | its private sector members as vice chair to serve in the absence |
763 | of the Governor and to perform such other duties as may be |
764 | designated. The president shall keep a record of the proceedings |
765 | of the board of directors and shall be the custodian of all |
766 | books, documents, and papers filed with the board of directors, |
767 | the minutes of the board of directors, and the official seal of |
768 | Space Florida. |
769 | (6) The board of directors shall meet at least four times |
770 | each year, upon the call of the chair, at the request of the |
771 | vice chair, or at the request of a majority of the membership. A |
772 | majority of the total number of current voting directors shall |
773 | constitute a quorum. The board of directors may take official |
774 | action by a majority vote of the members present at any meeting |
775 | at which a quorum is present. |
776 | (7) Members of the board of directors shall serve without |
777 | compensation, but members, the president, and staff may be |
778 | reimbursed for all reasonable, necessary, and actual expenses, |
779 | as determined by the board of directors of Space Florida |
780 | pursuant to s. 112.061. |
781 | (8) Each member of the board of directors of Space Florida |
782 | who is not otherwise required to file financial disclosure |
783 | pursuant to s. 8, Art. II of the State Constitution or s. |
784 | 112.3144, shall file disclosure of financial interests pursuant |
785 | to s. 112.3145. There is created within the Florida Space |
786 | Authority a board of supervisors consisting of eight regular |
787 | members, who shall be appointed by the Governor, and two ex |
788 | officio nonvoting members, one of whom shall be a state senator |
789 | selected by the President of the Senate and one of whom shall be |
790 | a state representative selected by the Speaker of the House of |
791 | Representatives. The Lieutenant Governor, who is the state's |
792 | space policy leader, shall serve as chair of the board of |
793 | supervisors, and shall cast the deciding vote if the votes of |
794 | the eight regular members result in a tie. The board shall elect |
795 | a vice chair to preside in the absence of the Lieutenant |
796 | Governor and to perform such other duties as may be designated. |
797 | All regular members shall be subject to confirmation by the |
798 | Senate at the next regular session of the Legislature. Existing |
799 | board members are not prohibited from reappointment. Each of the |
800 | regular board members must be a resident of the state and must |
801 | have experience in the aerospace or commercial space industry or |
802 | in finance or have other significant relevant experience. A |
803 | private sector legal entity may not have more than one person |
804 | serving on the board at any one time. One regular member shall |
805 | represent organized labor interests, one regular member shall |
806 | represent minority interests, and four regular members must |
807 | represent space industry, at least one of whom must also be from |
808 | a small business, as defined in s. 288.703. For the purpose of |
809 | this section, "space industry" includes private sector entities |
810 | engaged in space flight business, as defined in s. 212.031, |
811 | research and technology development of space-based products and |
812 | services, space station commercialization, development of |
813 | spaceport and range technology, remote sensing products and |
814 | services, space biotechnology, measurement and calibration of |
815 | space assets, space-related software and information technology |
816 | development, design and architecture of space-based assets and |
817 | facilities for manufacturing and other purposes, space-related |
818 | nanotechnology, space tourism, and other commercial enterprises |
819 | utilizing uniquely space-based capabilities. |
820 | (2) Each regular member shall serve a term of 4 years or |
821 | until a successor is appointed and qualified. The term of each |
822 | such member shall be construed to commence on the date of |
823 | appointment and to terminate on June 30 of the year of the end |
824 | of the term. Appointment to the board shall not preclude any |
825 | such member from holding any other private or public position. |
826 | (3) The ex officio nonvoting legislative members shall |
827 | serve on the board for 2-year terms. |
828 | (4) Any vacancy on the board shall be filled for the |
829 | balance of the unexpired term. |
830 | (5) The board shall appoint an executive director. |
831 | Meetings shall be held quarterly or more frequently at the call |
832 | of the chair. A majority of the regular members of the board |
833 | shall constitute a quorum, and a majority vote of such members |
834 | present is necessary for any action taken by the board. |
835 | (6) The Governor has the authority to remove from the |
836 | board any regular member in the manner and for cause as defined |
837 | by the laws of this state and applicable to situations that may |
838 | arise before the board. Unless excused by the chair of the |
839 | board, a regular member's absence from two or more consecutive |
840 | board meetings creates a vacancy in the office to which the |
841 | member was appointed. |
842 | Section 9. Section 331.309, Florida Statutes, is amended |
843 | to read: |
844 | 331.309 Treasurer; depositories; fiscal agent.-- |
845 | (1) The board shall designate an individual who is a |
846 | resident of the state, or a qualified public depository as |
847 | defined in s. 280.02, as treasurer of Space Florida the |
848 | authority, who shall have charge of the funds of Space Florida |
849 | the authority. Such funds shall be disbursed only upon the order |
850 | of or pursuant to the resolution of the board by warrant, check, |
851 | authorization, or direct deposit pursuant to s. 215.85, signed |
852 | or authorized by the treasurer or his or her representative or |
853 | by such other persons as may be authorized by the board. The |
854 | board may give the treasurer such other or additional powers and |
855 | duties as the board may deem appropriate and shall establish the |
856 | treasurer's compensation. The board may require the treasurer to |
857 | give a bond in such amount, on such terms, and with such |
858 | sureties as may be deemed satisfactory to the board to secure |
859 | the performance by the treasurer of his or her powers and |
860 | duties. The board shall audit or have audited the books of the |
861 | treasurer at least once a year. |
862 | (2) The board is authorized to select as depositories in |
863 | which the funds of the board and of Space Florida the authority |
864 | shall be deposited any qualified public depository as defined in |
865 | s. 280.02, upon such terms and conditions as to the payment of |
866 | interest by such depository upon the funds so deposited as the |
867 | board may deem just and reasonable. Funds of the authority may |
868 | also be deposited with the Florida Commercial Space Financing |
869 | Corporation created by s. 331.407. The funds of Space Florida |
870 | the authority may be kept in or removed from the State Treasury |
871 | upon written notification from the chair of the board to the |
872 | Chief Financial Officer. |
873 | (3) The board may employ a fiscal agent, who shall be |
874 | either a resident of the state or a corporation organized under |
875 | the laws of this or any other state and authorized by such laws |
876 | to act as such fiscal agent in the state. |
877 | Section 10. Section 331.310, Florida Statutes, is amended |
878 | to read: |
879 | 331.310 Powers and duties of the board of directors |
880 | supervisors.--Except as otherwise provided in this act, all of |
881 | the powers and duties of the authority shall be exercised by and |
882 | through the board of supervisors, including the power and duty |
883 | to: |
884 | (1) The board of directors may: Adopt bylaws, rules, |
885 | resolutions, and orders prescribing the powers, duties, and |
886 | functions of the officers of the authority, the conduct of the |
887 | business of the authority, the maintenance of records, and the |
888 | form of all documents and records of the authority. The board |
889 | may adopt administrative rules and regulations with respect to |
890 | any of the projects of the authority, with notice and public |
891 | hearing. |
892 | (2) Maintain an executive office and authority offices in |
893 | close proximity to Kennedy Space Center. |
894 | (a)(3) Enter, and authorize any agent or employee of Space |
895 | Florida the authority to enter, upon any lands, waters, and |
896 | premises, upon giving reasonable notice and due process to the |
897 | land owner, for the purposes of making surveys, soundings, |
898 | drillings, appraisals, and examinations necessary to perform its |
899 | duties and functions. Any such entry shall not be deemed a |
900 | trespass or an entry that would constitute a taking in an |
901 | eminent domain proceeding. Space Florida The authority shall |
902 | make reimbursement for any actual damages to such lands, waters, |
903 | and premises as a result of such activity. |
904 | (b)(4) Execute all contracts and other documents, adopt |
905 | all proceedings, and perform all acts determined by the board to |
906 | be necessary or desirable to carry out the purposes of this act. |
907 | The board may authorize one or more members of the board to |
908 | execute contracts and other documents on behalf of the board or |
909 | Space Florida the authority. |
910 | (c)(5) Establish and create such departments, committees, |
911 | or other entities agencies as from time to time the board may |
912 | deem necessary or desirable in the performance of any acts or |
913 | other things necessary to the exercise of the powers provided in |
914 | this act, and delegate to such departments, boards, or other |
915 | entities agencies such administrative duties and other powers as |
916 | the board may deem necessary or desirable. |
917 | (d) Provide financial services to support aerospace- |
918 | related business development within the state. Financial |
919 | services may include, but are not limited to, insuring, |
920 | coinsuring, or originating for sale direct aerospace-related |
921 | loans; direct lending; guaranteeing and collateralizing loans; |
922 | creating accounts; capitalizing, underwriting, leasing, selling, |
923 | or securing funding for aerospace-related infrastructure; |
924 | investing in permissible securities; organizing financial |
925 | institutions and international bank syndicates; and acquiring, |
926 | accepting, or administering grants, contracts, and fees from |
927 | other organizations to perform activities that are consistent |
928 | with the purposes of Space Florida's business plan. If the board |
929 | deems a financial services entity is necessary, the board may |
930 | create, form, or contract with one or more such entities. |
931 | (6) Appoint a person to act as executive director of the |
932 | authority, having such official title, functions, duties, |
933 | powers, and salary as the board may prescribe. |
934 | (e)(7) Examine, and authorize any officer or agent of |
935 | Space Florida the authority to examine, the county tax rolls |
936 | with respect to the assessed valuation of the real and personal |
937 | property within any spaceport territory. |
938 | (f)(8) Engage in the planning and implementation of space- |
939 | related economic and educational development within the state. |
940 | (g) Provide the strategic direction for the aerospace- |
941 | related research priorities of the state and its aerospace- |
942 | related businesses. |
943 | (h)(9) Execute intergovernmental agreements and |
944 | development agreements consistent with prevailing statutory |
945 | provisions, including, but not limited to, special benefits or |
946 | tax increment financing initiatives. |
947 | (i)(10) Establish reserve funds for future board |
948 | operations. |
949 | (j)(11) Adopt rules pursuant to chapter 120 to carry out |
950 | the purposes of this act. |
951 | (2) The board of directors shall: |
952 | (a) Adopt rules and orders to conduct the business of |
953 | Space Florida, the maintenance of records, and the form of all |
954 | documents and records of Space Florida. The board may adopt |
955 | rules with respect to any of the projects of Space Florida with |
956 | notice and a public hearing. |
957 | (b) Maintain an executive office and Space Florida offices |
958 | in close proximity to the John F. Kennedy Space Center. |
959 | (c) Appoint a person to act as the president of Space |
960 | Florida, having such official title, functions, duties, powers, |
961 | and salary as the board may prescribe. |
962 | (d)(12) Abide by all applicable federal labor laws in the |
963 | construction and day-to-day operations of Space Florida the |
964 | authority and any spaceport. Further, the board shall establish, |
965 | by rule and regulation, pursuant to chapter 120, policies and |
966 | procedures for the construction and operation of Space Florida |
967 | the authority and any spaceport. The Said policies and |
968 | procedures shall be such that when Space Florida the authority |
969 | expends federal funds for construction or operation of any |
970 | spaceport project, Space Florida the authority will be subject |
971 | to the federal labor laws observed at the John F. Kennedy Space |
972 | Center and Cape Canaveral Air Force Station, Florida, applicable |
973 | as a result of such federal expenditures. |
974 | (e)(13) Prepare an annual report of operations. The Said |
975 | report shall include, but not be limited to, a balance sheet, an |
976 | income statement, a statement of changes in financial position, |
977 | a reconciliation of changes in equity accounts, a summary of |
978 | significant accounting principles, the auditor's report, a |
979 | summary of the status of existing and proposed bonding projects, |
980 | comments from management about the year's business, and |
981 | prospects for the next year, which shall be submitted each year |
982 | by November 30 to the Governor, the President of the Senate, the |
983 | Speaker of the House of Representatives, the minority leader of |
984 | the Senate, and the minority leader of the House of |
985 | Representatives. |
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 |
989 | to read: |
990 | 331.3101 Space Florida Space Authority; travel and |
991 | entertainment expenses.-- |
992 | (1) Notwithstanding the provisions of s. 112.061, Space |
993 | Florida the authority shall adopt rules by which it may make |
994 | expenditures by advancement or reimbursement, or a combination |
995 | thereof, to Space Florida authority officers and employees; |
996 | reimburse business clients, guests, and authorized persons as |
997 | defined in s. 112.061(2)(e); and make direct payments to third- |
998 | party vendors: |
999 | (a) For travel expenses of such business clients, guests, |
1000 | and authorized persons incurred by Space Florida the authority |
1001 | in connection with the performance of its statutory duties, and |
1002 | for travel expenses incurred by state officials and state |
1003 | employees while accompanying such business clients, guests, or |
1004 | authorized persons or when authorized by the board or its |
1005 | designee. |
1006 | (b) For entertainment expenses of such guests, business |
1007 | clients, and authorized persons incurred by Space Florida the |
1008 | authority in connection with the performance of its statutory |
1009 | duties, and for entertainment expenses incurred for Space |
1010 | Florida authority officials and employees when such expenses are |
1011 | incurred while in the physical presence of such business |
1012 | clients, guests, or authorized persons. |
1013 | (2) The rules shall be subject to approval by the Chief |
1014 | Financial Officer before adoption prior to promulgation. The |
1015 | rules shall require the submission of paid receipts, or other |
1016 | proof prescribed by the Chief Financial Officer, with any claim |
1017 | for reimbursement, and shall require, as a condition for any |
1018 | advancement, an agreement to submit paid receipts or other proof |
1019 | and to refund any unused portion of the advancement within 15 |
1020 | days after the expense is incurred or, if the advancement is |
1021 | made in connection with travel, within 15 days after completion |
1022 | of the travel. However, with respect to an advancement made |
1023 | solely for travel expenses, the rules may allow paid receipts or |
1024 | other proof to be submitted, and any unused portion of the |
1025 | advancement to be refunded, within 30 days after completion of |
1026 | the travel. |
1027 | (3) An annual report shall be made to the Legislature not |
1028 | later than November 30 of each year for the previous fiscal |
1029 | year, which shall consist of a synopsis concisely summarizing |
1030 | all travel, entertainment, and incidental expenses incurred |
1031 | within the United States and, separately, all travel, |
1032 | entertainment, and incidental expenses incurred outside the |
1033 | United States. |
1034 | (4) A No claim submitted under this section is not shall |
1035 | be required to be sworn to before a notary public or other |
1036 | officer authorized to administer oaths, but any claim authorized |
1037 | or required to be made under any provision of this section must |
1038 | shall contain a statement that the expenses were actually |
1039 | incurred as necessary travel or entertainment expenses in the |
1040 | performance of official duties of Space Florida the authority |
1041 | and shall be verified by written declaration that it is true and |
1042 | correct as to every material matter. Any person who willfully |
1043 | makes and subscribes to any such claim which the person does not |
1044 | believe to be true and correct as to every material matter or |
1045 | who willfully aids or assists in, or procures, counsels, or |
1046 | advises, the preparation or presentation of a claim pursuant to |
1047 | this section, which claim is fraudulent or false as to any |
1048 | material matter, whether or not such falsity or fraud is with |
1049 | the knowledge or consent of the person authorized or required to |
1050 | present such claim, commits a misdemeanor of the second degree, |
1051 | punishable as provided in s. 775.082 or s. 775.083. Whoever |
1052 | receives an advancement or reimbursement by means of a false |
1053 | claim is civilly liable, in the amount of the overpayment, for |
1054 | the reimbursement of the public fund from which the claim was |
1055 | paid. |
1056 | Section 12. Section 331.311, Florida Statutes, is amended |
1057 | to read: |
1058 | 331.311 Exercise by Space Florida authority of its powers |
1059 | within municipalities and other political subdivisions.--Space |
1060 | Florida may The authority shall have the power to exercise any |
1061 | of its rights, powers, privileges, and authority in any and all |
1062 | portions of any spaceport territory lying within the boundaries |
1063 | of any municipal corporation or other political subdivision, |
1064 | heretofore or hereafter created or organized, whose boundaries |
1065 | lie wholly or partly within the geographical limits of the |
1066 | spaceport territory, to the same extent and in the same manner |
1067 | as in areas of the spaceport territory not incorporated as part |
1068 | of a municipality or other political subdivision. With respect |
1069 | to any municipal corporation or other political subdivision |
1070 | whose boundaries lie partly within and partly without the |
1071 | geographical limits of the spaceport territory, Space Florida |
1072 | may the authority shall have the power to exercise its rights, |
1073 | powers, privileges, and authority only within the portion of the |
1074 | such municipal corporation or other political subdivision lying |
1075 | within the boundaries of the spaceport territory. |
1076 | Section 13. Section 331.312, Florida Statutes, is amended |
1077 | to read: |
1078 | 331.312 Furnishing facilities and services within the |
1079 | spaceport territory.--Space Florida may The authority shall have |
1080 | the power to construct, develop, create, maintain, and operate |
1081 | its projects within the geographical limits of the spaceport |
1082 | territory, including any portions of the spaceport territory |
1083 | located inside the boundaries of any incorporated municipality |
1084 | or other political subdivision, and to offer, supply, and |
1085 | furnish the facilities and services provided for in this act to, |
1086 | and to establish and collect fees, rentals, and other charges |
1087 | from, persons, public or private, within the geographical limits |
1088 | of the spaceport territory and for the use of Space Florida the |
1089 | authority itself. |
1090 | Section 14. Section 331.313, Florida Statutes, is amended |
1091 | to read: |
1092 | 331.313 Power of Space Florida the authority with respect |
1093 | to roads.--Within the territorial limits of any spaceport |
1094 | territory, Space Florida may the authority has the right to |
1095 | acquire, through purchase or interagency agreement, or as |
1096 | otherwise provided in law, and to construct, control, and |
1097 | maintain, roads deemed necessary by Space Florida the authority |
1098 | and connections thereto and extensions thereof now or hereafter |
1099 | acquired, constructed, or maintained in accordance with |
1100 | established highway safety standards; provided that, in the |
1101 | event a road being addressed by Space Florida the authority is |
1102 | owned by another agency or jurisdiction, Space Florida the |
1103 | authority, before prior to proceeding with the proposed project |
1104 | or work activity, shall have either coordinated the desired work |
1105 | with the owning agency or jurisdiction or shall have |
1106 | successfully executed an interagency agreement with the owning |
1107 | agency or jurisdiction. |
1108 | Section 15. Section 331.316, Florida Statutes, is amended |
1109 | to read: |
1110 | 331.316 Rates, fees, rentals, tolls, fares, and charges; |
1111 | procedure for adoption and modification; minimum revenue |
1112 | requirements.-- |
1113 | (1) To recover the costs of the spaceport facility or |
1114 | system, Space Florida may the authority shall have the power to |
1115 | prescribe, fix, establish, and collect rates, fees, rentals, |
1116 | tolls, fares, or other charges (hereinafter referred to as |
1117 | "revenues"), and to revise the same from time to time, for the |
1118 | facilities and services furnished or to be furnished by Space |
1119 | Florida the authority and the spaceport, including, but not |
1120 | limited to, launch pads, ranges, payload assembly and processing |
1121 | facilities, visitor and tourist facilities, transportation |
1122 | facilities, and parking and other related facilities, and may |
1123 | shall have the power to provide for reasonable penalties against |
1124 | any user or property for any such rates, fees, rentals, tolls, |
1125 | fares, or other charges that are delinquent. |
1126 | (2) The board may shall have the power to enter into |
1127 | contracts for the use of the projects of Space Florida the |
1128 | authority and for the services and facilities furnished or to be |
1129 | furnished by Space Florida the authority, including, but not |
1130 | limited to, launch services, payload assembly and processing, |
1131 | and other aerospace-related space-related services, for such |
1132 | consideration and on such other terms and conditions as the |
1133 | board may approve. Such contracts, and revenues or service |
1134 | charges received or to be received by Space Florida the |
1135 | authority thereunder, may be pledged as security for any of the |
1136 | bonds of Space Florida the authority. |
1137 | Section 16. Section 331.317, Florida Statutes, is amended |
1138 | to read: |
1139 | 331.317 Recovery of delinquent charges.--In the event that |
1140 | any of the rates, fees, rentals, tolls, fares, other charges, or |
1141 | delinquent penalties shall not be paid as and when due and shall |
1142 | be in default for 30 days or more, the unpaid balance thereof |
1143 | and all interest accrued thereon, together with attorney's fees |
1144 | and costs, may be recovered by Space Florida the authority in a |
1145 | civil action. |
1146 | Section 17. Section 331.318, Florida Statutes, is amended |
1147 | to read: |
1148 | 331.318 Discontinuance of service.--In the event that the |
1149 | rates, fees, rentals, tolls, fares, or other charges for the |
1150 | services and facilities of any project are not paid when due, |
1151 | the board may shall have the power to discontinue and shut off |
1152 | the same until such rates, fees, rentals, tolls, fares, or other |
1153 | charges, including interest, penalties, and charges for the |
1154 | shutting off and discontinuance and the restoration of such |
1155 | services and facilities, are fully paid. Such delinquent rates, |
1156 | fees, rentals, tolls, fares, or other charges, together with |
1157 | interest, penalties, and charges for the shutting off and |
1158 | discontinuance and the restoration of such services and |
1159 | facilities, and reasonable attorney's fees and other expenses, |
1160 | may be recovered by Space Florida the authority by suit in any |
1161 | court of competent jurisdiction. Space Florida The authority may |
1162 | also enforce payment of such delinquent rates, fees, rentals, |
1163 | tolls, fares, or other charges by any other lawful method of |
1164 | enforcement. |
1165 | Section 18. Section 331.319, Florida Statutes, is amended |
1166 | to read: |
1167 | 331.319 Comprehensive planning; building and safety |
1168 | codes.--The board of directors may supervisors shall have the |
1169 | power to: |
1170 | (1) Adopt, and from time to time review, amend, |
1171 | supplement, or repeal, a comprehensive general plan for the |
1172 | physical development of the area within the spaceport territory |
1173 | in accordance with the objectives and purposes of this act and |
1174 | consistent with the comprehensive plans of the applicable county |
1175 | or counties and municipality or municipalities adopted pursuant |
1176 | to the Local Government Comprehensive Planning and Land |
1177 | Development Regulation Act, part II of chapter 163. |
1178 | (2) Prohibit within the spaceport territory the |
1179 | construction, alteration, repair, removal, or demolition, or the |
1180 | commencement of the construction, alteration, repair (except |
1181 | emergency repairs), removal, or demolition, of any building or |
1182 | structure, including, but not by way of limitation, public |
1183 | utility poles, lines, pipes, and facilities, without first |
1184 | obtaining a permit from the board or such other officer or |
1185 | agency as the board may designate, and to prescribe the |
1186 | procedure with respect to the obtaining of such permit. |
1187 | Section 19. Section 331.320, Florida Statutes, is amended |
1188 | to read: |
1189 | 331.320 Additional powers of board.--The board of |
1190 | directors may shall have the power within any spaceport |
1191 | territory to: |
1192 | (1) Adopt regulations to prohibit or control the pollution |
1193 | of air and water, and require certain location and placement of |
1194 | electrical power, telephone, and other utility lines, cables, |
1195 | pipes, and ducts. |
1196 | (2) Divide the spaceport territory into zones or districts |
1197 | of such number, shape, and area as the board may deem best |
1198 | suited to carry out the purposes of this act, and within and for |
1199 | each such district make regulations and restrictions as provided |
1200 | for in subsection (1). |
1201 | Section 20. Section 331.321, Florida Statutes, is amended |
1202 | to read: |
1203 | 331.321 Federal and other funds and aid.--Space Florida |
1204 | may The authority is authorized to accept, receive, and receipt |
1205 | for federal moneys, property, and other moneys or properties, |
1206 | either public or private, for the acquisition, planning, |
1207 | operation, construction, enlargement, improvement, maintenance, |
1208 | equipment, or development of programs, facilities, and sites |
1209 | therefor, and to comply with the provisions of the laws of the |
1210 | United States and any rules and regulations made thereunder for |
1211 | the expenditure of federal moneys. |
1212 | Section 21. Section 331.322, Florida Statutes, is amended |
1213 | to read: |
1214 | 331.322 Agreements with municipalities within any |
1215 | spaceport territory.--The board of directors and the governing |
1216 | body or bodies of any one or more municipalities located wholly |
1217 | or partly within any spaceport territory, whether now in |
1218 | existence or hereafter created, may are authorized to enter into |
1219 | and carry into effect contracts and agreements relating to the |
1220 | common powers, duties, and functions of the board and other |
1221 | officers, agents, and employees of Space Florida the authority, |
1222 | and the respective governing body or bodies of one or more such |
1223 | municipalities, and their respective officers, agents, and |
1224 | employees, to the end that there may be effective cooperation |
1225 | between and coordination of the efforts of such municipality or |
1226 | municipalities and Space Florida the authority in discharging |
1227 | their common functions, powers, and duties and in rendering |
1228 | services to the respective residents and property owners of such |
1229 | municipality or municipalities and Space Florida the authority. |
1230 | The board and the governing body or bodies of one or more such |
1231 | municipalities are further authorized to enter into and carry |
1232 | into effect contracts and agreements for the performance of any |
1233 | of their common functions, powers, and duties by a central |
1234 | agency or common agent of the contracting parties. |
1235 | Section 22. Section 331.323, Florida Statutes, is amended |
1236 | to read: |
1237 | 331.323 Cooperative agreements with the state, counties, |
1238 | and municipalities.-- |
1239 | (1) The state and the counties, municipalities, and other |
1240 | political subdivisions, public bodies, and agencies thereof, or |
1241 | any of them, whether now existing or hereafter created, are |
1242 | authorized to aid and cooperate with Space Florida the authority |
1243 | in carrying out any of the purposes and projects of Space |
1244 | Florida the authority, to enter into cooperative agreements with |
1245 | Space Florida the authority, to provide in any such cooperative |
1246 | agreement for the making of loans, gifts, grants, or |
1247 | contributions to Space Florida the authority and the granting |
1248 | and conveyance to Space Florida the authority of real or |
1249 | personal property of any kind or nature, or any interest |
1250 | therein, for the carrying out of the purpose and projects of |
1251 | Space Florida the authority; to covenant in any such cooperative |
1252 | agreement to pay all or any part of the costs of acquisition, |
1253 | planning, development, construction, reconstruction, extension, |
1254 | improvement, operation, and maintenance of any projects of Space |
1255 | Florida the authority; and to pay all or any part of the |
1256 | principal and interest on any bonds of Space Florida the |
1257 | authority. |
1258 | (2) The state and the counties, municipalities, and other |
1259 | political subdivisions, public bodies, and agencies thereof, or |
1260 | any of them, whether now existing or hereafter created, and |
1261 | Space Florida the authority created by this act, are further |
1262 | authorized to enter into cooperative agreements to provide for |
1263 | the furnishing by Space Florida the authority to the state or |
1264 | any county, municipality, or other political subdivision, public |
1265 | body, or agency thereof of any of the facilities and services of |
1266 | Space Florida the authority, or by the state or any county, |
1267 | municipality, or other political subdivision, public body, or |
1268 | agency thereof to Space Florida the authority and to persons |
1269 | within the spaceport territory of facilities and services of the |
1270 | type that Space Florida the authority is authorized to furnish |
1271 | or undertake, or such other facilities and services as may be |
1272 | determined necessary or desirable by the board for the carrying |
1273 | out of the purposes of this act. Without limitation of the |
1274 | foregoing, such cooperative agreements may provide for the |
1275 | furnishing by any county, municipality, or other political |
1276 | subdivision of fire and police protection for Space Florida the |
1277 | authority and persons and property within Space Florida the |
1278 | authority, and for the providing to Space Florida the authority |
1279 | of any services deemed necessary or desirable by the board for |
1280 | the proper functioning of Space Florida the authority. |
1281 | (3) Without limitation of the foregoing, the board may |
1282 | undertake and finance any of the projects of Space Florida the |
1283 | authority, in whole or in part, jointly with any municipality or |
1284 | municipalities, now existing or hereafter created, or in any |
1285 | other manner combine the projects of Space Florida the authority |
1286 | with the projects of such municipality or municipalities. |
1287 | (4) Any agreement of the type authorized by this section |
1288 | may be made and entered into under pursuant to this act for such |
1289 | time or times, not exceeding 40 years. |
1290 | Section 23. Section 331.324, Florida Statutes, is amended |
1291 | to read: |
1292 | 331.324 Contracts, grants, and contributions.--Space |
1293 | Florida may The authority shall have the power to make and enter |
1294 | all contracts and agreements necessary or incidental to the |
1295 | performance of the functions of Space Florida the authority and |
1296 | the execution of its powers, and to contract with, and to accept |
1297 | and receive grants or loans of money, material, or property |
1298 | from, any person, private or public, as the board shall |
1299 | determine to be necessary or desirable to carry out the purposes |
1300 | of this act, and in connection with any such contract, grant, or |
1301 | loan to stipulate and agree to such covenants, terms, and |
1302 | conditions as the board shall deem appropriate. |
1303 | Section 24. Section 331.325, Florida Statutes, is amended |
1304 | to read: |
1305 | 331.325 Environmental permits.--Space Florida The |
1306 | authority shall obtain required environmental permits in |
1307 | accordance with federal and state law and shall comply with the |
1308 | provisions of chapter 380. |
1309 | Section 25. Section 331.326, Florida Statutes, is amended |
1310 | to read: |
1311 | 331.326 Information relating to trade secrets |
1312 | confidential.--The records of Space Florida the authority |
1313 | regarding matters encompassed by this act are public records |
1314 | subject to the provisions of chapter 119. Any information held |
1315 | by Space Florida the authority which is a trade secret, as |
1316 | defined in s. 812.081, including trade secrets of Space Florida |
1317 | the authority, any spaceport user, or the space industry |
1318 | business, is confidential and exempt from the provisions of s. |
1319 | 119.07(1) and s. 24(a), Art. I of the State Constitution and may |
1320 | not be disclosed. If Space Florida the authority determines that |
1321 | any information requested by the public will reveal a trade |
1322 | secret, it shall, in writing, inform the person making the |
1323 | request of that determination. The determination is a final |
1324 | order as defined in s. 120.52. Any meeting or portion of a |
1325 | meeting of Space Florida's the authority's board of supervisors |
1326 | is exempt from the provisions of s. 286.011 and s. 24(b), Art. I |
1327 | of the State Constitution when the board is discussing trade |
1328 | secrets. Any public record generated during the closed portions |
1329 | of the such meetings, such as minutes, tape recordings, and |
1330 | notes, is confidential and exempt from the provisions of s. |
1331 | 119.07(1) and s. 24(a), Art. I of the State Constitution. |
1332 | Section 26. Section 331.327, Florida Statutes, is amended |
1333 | to read: |
1334 | 331.327 Foreign trade zone.--Space Florida may The |
1335 | authority shall have the power to apply to the Federal |
1336 | Government for a grant allowing the designation of any spaceport |
1337 | territory as a foreign trade zone pursuant to ss. 288.36 and |
1338 | 288.37. However, the designation of any spaceport territory as a |
1339 | foreign trade zone does shall not be deemed to authorize an |
1340 | exemption from any tax imposed by the state or by any political |
1341 | subdivision, agency, or instrumentality thereof. |
1342 | Section 27. Section 331.328, Florida Statutes, is amended |
1343 | to read: |
1344 | 331.328 Sovereign immunity.--As an independent special |
1345 | district, Space Florida has The authority shall be granted |
1346 | sovereign immunity in the same manner as the state under the |
1347 | laws and Constitution of the State of Florida. The state, by |
1348 | this section, hereby waives the sovereign immunity granted to |
1349 | the same extent as waived by the state under state law. |
1350 | Section 28. Section 331.329, Florida Statutes, is amended |
1351 | to read: |
1352 | 331.329 Changing boundary lines; annexation and exclusion |
1353 | of lands; creation of municipalities within the geographical |
1354 | limits of any spaceport territory; limitations on the furnishing |
1355 | of services within annexed areas.-- |
1356 | (1) The board of directors may at any time strike out or |
1357 | correct the description of any land within or claimed to be |
1358 | within the boundary lines of any spaceport territory upon the |
1359 | written consent of the owners of all the land that would be |
1360 | included or excluded from the boundary lines of any spaceport |
1361 | territory or otherwise affected by the taking of such action, |
1362 | and of the owners of not less than the majority in acreage of |
1363 | all lands within any spaceport territory. |
1364 | (a) The board may enlarge the geographical limits of any |
1365 | spaceport territory to include any lands not then within any |
1366 | spaceport territory: |
1367 | 1. Upon the written consent of the owners of all the land |
1368 | to be included in any spaceport territory and of the owners of |
1369 | not less than a majority in acreage of all the land then within |
1370 | any spaceport territory; or |
1371 | 2. By resolution of the board approved at a special |
1372 | election called for such purpose, by vote of a majority of |
1373 | freeholders residing within the area to be annexed and a |
1374 | majority of freeholders residing within any spaceport territory. |
1375 | (b) The board of directors may contract the geographical |
1376 | limits of any spaceport territory so as to exclude from any |
1377 | spaceport territory any land then within any spaceport |
1378 | territory: |
1379 | 1. Upon the written consent of the owners of all the land |
1380 | to be so excluded and of the owners of not less than a majority |
1381 | in acreage of all the land then within any spaceport territory; |
1382 | or |
1383 | 2. By resolution of the board approved at a special |
1384 | election called for such purpose, by vote of a majority of |
1385 | freeholders residing within the area to be excluded and a |
1386 | majority of the freeholders residing within any spaceport |
1387 | territory. |
1388 | (2) Land, including property situated thereon, added to |
1389 | any spaceport territory in the manner provided in subsection (1) |
1390 | shall from the time of its inclusion within such spaceport |
1391 | territory be subject to all assessments thereafter levied and |
1392 | assessed on all other land or property of any spaceport |
1393 | territory similarly situated. Land, including property situated |
1394 | thereon, excluded from any spaceport territory in the manner |
1395 | provided in subsection (1) shall from the date of such exclusion |
1396 | be exempt from assessments thereafter imposed by Space Florida |
1397 | the authority but shall not be exempt from assessments |
1398 | theretofore levied or due with respect to such land or property, |
1399 | or from subsequent installments of assessments theretofore |
1400 | levied or assessed with respect thereto, and such assessments |
1401 | may be enforced and collected by or on behalf of Space Florida |
1402 | the authority in the same manner as if such land or property |
1403 | continued to be within the geographical limits of any spaceport |
1404 | territory. |
1405 | (3) In the event that the geographical limits of any |
1406 | spaceport territory as set forth in s. 331.304 are revised so as |
1407 | to include within any spaceport territory any areas not |
1408 | presently contained within any spaceport territory, Space |
1409 | Florida may the authority shall not engage in the business of |
1410 | furnishing electric power for sale in such annexed area, unless |
1411 | Space Florida the authority shall offer to purchase from any |
1412 | person who is at the time engaged in the business of making, |
1413 | generating, or distributing electricity for sale within such |
1414 | annexed area, such portion of its electric plant and property |
1415 | suitable and used for such business in connection therewith as |
1416 | lies within the limits of such annexed area, in a manner |
1417 | consistent with law. |
1418 | (4) Space Florida The authority shall designate new launch |
1419 | pads outside the present designated spaceport territories by |
1420 | statutory amendment of s. 331.304. |
1421 | Section 29. Section 331.331, Florida Statutes, is amended |
1422 | to read: |
1423 | 331.331 Revenue bonds.-- |
1424 | (1) Revenue bonds issued by Space Florida the authority |
1425 | shall not be deemed revenue bonds issued by the state or its |
1426 | agencies for purposes of s. 11, Art. VII of the State |
1427 | Constitution and ss. 215.57-215.83. Space Florida The authority |
1428 | shall include in its annual report to the Governor and |
1429 | Legislature, as provided in s. 331.310, a summary of the status |
1430 | of existing and proposed bonding projects. |
1431 | (2) The issuance of revenue bonds may be secured by or |
1432 | payable from the gross or net pledge of the revenues to be |
1433 | derived from any project or combination of projects, from the |
1434 | rates, fees, rentals, tolls, fares, or other charges to be |
1435 | collected from the users of any project or projects; from any |
1436 | revenue-producing undertaking or activity of Space Florida the |
1437 | authority; or from any source of pledged security. Such bonds |
1438 | shall not constitute an indebtedness of Space Florida the |
1439 | authority unless such bonds are additionally secured by the full |
1440 | faith and credit of Space Florida the authority. Bonds issued by |
1441 | Space Florida the authority are not secured by the full faith |
1442 | and credit of the State of Florida and do not constitute an |
1443 | obligation, either general or special, thereof. |
1444 | (3) Any two or more projects may be combined and |
1445 | consolidated into a single project, and may thereafter be |
1446 | operated and maintained as a single project. The revenue bonds |
1447 | authorized herein may be issued to finance any one or more such |
1448 | projects separately, or to finance two or more such projects, |
1449 | regardless whether or not such projects have been combined and |
1450 | consolidated into a single project. If the board deems it |
1451 | advisable, the proceedings authorizing such revenue bonds may |
1452 | provide that Space Florida the authority may thereafter combine |
1453 | the projects then being financed or theretofore financed with |
1454 | other projects to be subsequently financed by Space Florida the |
1455 | authority shall be on a parity with the revenue bonds then being |
1456 | issued, all on such terms, conditions, and limitations as shall |
1457 | be provided, and may further provide that the revenues to be |
1458 | derived from the subsequent projects shall at the time of the |
1459 | issuance of such parity revenue bonds be also pledged to the |
1460 | holders of any revenue bonds theretofore issued to finance the |
1461 | revenue undertakings which are later combined with such |
1462 | subsequent projects. Space Florida The authority may pledge for |
1463 | the security of the revenue bonds a fixed amount, without regard |
1464 | to any fixed proportion of the gross revenues of any project. |
1465 | Section 30. Section 331.333, Florida Statutes, is amended |
1466 | to read: |
1467 | 331.333 Refunding bonds.--Space Florida The authority |
1468 | through its board may shall have the power to issue bonds to |
1469 | provide for the retirement or refunding of any bonds or |
1470 | obligations of Space Florida the authority that at the time of |
1471 | such issuance are or subsequently thereto become due and |
1472 | payable, or that at the time of issuance have been called or are |
1473 | or will be subject to call for redemption within 10 years |
1474 | thereafter, or the surrender of which can be procured from the |
1475 | holders thereof at prices satisfactory to the board. Refunding |
1476 | bonds may be issued at any time when in the judgment of the |
1477 | board such issuance will be advantageous to Space Florida the |
1478 | authority. The provisions of this act pertaining to bonds of |
1479 | Space Florida the authority shall, unless the context otherwise |
1480 | requires, govern the issuance of refunding bonds, the form and |
1481 | other details thereof, the rights of the holders thereof, and |
1482 | the duties of the board with respect to the same. |
1483 | Section 31. Section 331.334, Florida Statutes, is amended |
1484 | to read: |
1485 | 331.334 Pledging assessments and other revenues and |
1486 | properties as additional security on bonds.--Space Florida The |
1487 | authority may pledge as additional security for the payment of |
1488 | any of the bonds of Space Florida the authority its full faith |
1489 | and credit, and provide that such bonds shall be payable as to |
1490 | both principal and interest, and as to any reserve or other |
1491 | funds provided therefor, to the full extent that any revenues as |
1492 | defined in this act, assessments, or other funds, or any |
1493 | combination thereof, pledged therefor are insufficient for the |
1494 | full payment of the same, and provided further that no bonds |
1495 | shall be issued to the payment of which the full faith and |
1496 | credit of Space Florida the authority is pledged unless approved |
1497 | at an election in the manner provided by law. Space Florida The |
1498 | authority by resolution of the board may also pledge as |
1499 | additional security for said bonds the revenues from any project |
1500 | of Space Florida the authority, utility service, assessments, |
1501 | and any other sources of revenue or funds, or any combination of |
1502 | the foregoing, and may pledge or mortgage any of the properties, |
1503 | rights, interest, or other assets of Space Florida the |
1504 | authority. Bonds issued by Space Florida the authority are not |
1505 | secured by the full faith and credit of the State of Florida and |
1506 | do not constitute an obligation, either general or special, |
1507 | thereof. The board may also provide with respect to any bonds of |
1508 | Space Florida the authority that such bonds shall be payable, in |
1509 | whole or in part, as to principal amount or interest, or both, |
1510 | out of rates, fees, rentals, tolls, fares, or other charges |
1511 | collected with respect to any of the projects of Space Florida |
1512 | the authority. |
1513 | Section 32. Section 331.335, Florida Statutes, is amended |
1514 | to read: |
1515 | 331.335 Lien of pledges.--All pledges of revenues and |
1516 | assessments made pursuant to the provisions of this act shall be |
1517 | valid and binding from the time when such pledges are made. All |
1518 | such revenues and assessments so pledged and thereafter |
1519 | collected shall immediately be subject to the lien of such |
1520 | pledges without any physical delivery thereof or further action, |
1521 | and the lien of such pledges shall be valid and binding as |
1522 | against all parties having claims of any kind in tort, contract, |
1523 | or otherwise against Space Florida the authority, irrespective |
1524 | of whether such parties have notice thereof. |
1525 | Section 33. Section 331.336, Florida Statutes, is amended |
1526 | to read: |
1527 | 331.336 Issuance of bond anticipation notes.--In addition |
1528 | to the other powers provided for in this act and not in |
1529 | limitation thereof, Space Florida may the authority shall have |
1530 | the power, at any time from time to time after the issuance of |
1531 | any bonds of Space Florida the authority shall have been |
1532 | authorized, to borrow money for the purposes for which such |
1533 | bonds are to be issued in anticipation of the receipt of the |
1534 | proceeds of the sale of such bonds and to issue bond |
1535 | anticipation notes in a principal amount not in excess of the |
1536 | authorized maximum amount of such bond issue. Such notes shall |
1537 | be in such denomination or denominations, bear interest at such |
1538 | rate or rates, mature at such time or times, be renewable for |
1539 | such additional term or terms, and be in such form and executed |
1540 | in such manner as the board shall prescribe. Such notes may be |
1541 | sold at public sale, or if such notes shall be renewable notes, |
1542 | may be exchanged for notes then outstanding on such terms as the |
1543 | board shall determine. Such notes shall be paid from the |
1544 | proceeds of such bonds when issued. The board may in its |
1545 | discretion, in lieu of retiring the notes by means of bonds, |
1546 | retire them by means of current revenues or from any assessments |
1547 | levied for the payment of such bonds, but in such event a like |
1548 | amount of the bonds authorized shall not be issued. |
1549 | Section 34. Section 331.337, Florida Statutes, is amended |
1550 | to read: |
1551 | 331.337 Short-term borrowing.--Space Florida The authority |
1552 | at any time may obtain loans, in such amount and on such terms |
1553 | and conditions as the board may approve, for the purpose of |
1554 | paying any of the expenses of Space Florida the authority or any |
1555 | costs incurred or that may be incurred in connection with any of |
1556 | the projects of Space Florida the authority, which loans shall |
1557 | have such term or terms, be renewable for such term or terms, |
1558 | bear interest at such rate or rates, and be payable from and |
1559 | secured by a pledge of such funds, revenues, and assessments as |
1560 | the board may determine. For the purpose of defraying such costs |
1561 | and expenses, Space Florida the authority may issue negotiable |
1562 | notes, warrants, or other evidences of debt signed on behalf of |
1563 | Space Florida the authority by any one of the board, such notes |
1564 | or other evidences of indebtedness to be payable at such time or |
1565 | times, to bear interest at such rate or rates, and to be sold or |
1566 | discounted at such price or prices and on such term or terms as |
1567 | the board may deem advisable. The board may shall have the right |
1568 | to provide for the payment thereof by pledging the whole or any |
1569 | part of the funds, revenues, and assessments of Space Florida |
1570 | the authority. |
1571 | Section 35. Section 331.338, Florida Statutes, is amended |
1572 | to read: |
1573 | 331.338 Trust agreements.--In the discretion of the board, |
1574 | any issue of bonds may be secured by a trust agreement by and |
1575 | between Space Florida the authority and a corporate trustee |
1576 | which may be any trust company or bank having the powers of a |
1577 | trust company within or without the state. The resolution |
1578 | authorizing the issuance of the bonds or such trust agreement |
1579 | may pledge the revenues to be received from any projects of |
1580 | Space Florida the authority and any other authorized moneys to |
1581 | be used for the repayment of bonds, and may contain such |
1582 | provisions for protecting and enforcing the rights and remedies |
1583 | of the bondholders as the board may approve, including without |
1584 | limitation covenants setting forth the duties of Space Florida |
1585 | the authority in relation to the acquisition, planning, |
1586 | development, construction, reconstruction, improvement, |
1587 | maintenance, repair, operation, and insurance of any projects, |
1588 | the fixing and revision of the rates, fees, rentals, tolls, |
1589 | fares, and charges, and the custody, safeguarding, and |
1590 | application of all moneys, and for the employment of consulting |
1591 | engineers in connection with such acquisition, planning, |
1592 | development, construction, reconstruction, improvement, |
1593 | maintenance, repair, or operation. It shall be lawful for any |
1594 | bank or trust company incorporated under the laws of the state |
1595 | or the United States which may act as a depository of the |
1596 | proceeds of bonds or of revenues to furnish such indemnifying |
1597 | bonds or to pledge such securities as may be required by Space |
1598 | Florida the authority. Such resolution or trust agreement may |
1599 | set forth the rights and remedies of the bondholders and of the |
1600 | trustee, if any, and may restrict the individual right of action |
1601 | by bondholders. The board may provide for the payment of the |
1602 | proceeds of the sale of the bonds and the revenues of any |
1603 | project to such officer, board, or depository as it may |
1604 | designate for the custody thereof, and for the method of |
1605 | disbursement thereof, with such safeguards and restrictions as |
1606 | it may determine. All expenses incurred in carrying out the |
1607 | provisions of such resolution or trust agreement may be treated |
1608 | as part of the cost of the project to which such trust agreement |
1609 | pertains. |
1610 | Section 36. Section 331.339, Florida Statutes, is amended |
1611 | to read: |
1612 | 331.339 Sale of bonds.--Bonds may be sold in blocks or |
1613 | installments at different times, or an entire issue or series |
1614 | may be sold at one time. Bonds may only be sold at public sale |
1615 | after being advertised and publicly noticed, unless Space |
1616 | Florida the authority has previously complied with the |
1617 | provisions of s. 218.385. Bonds may be sold or exchanged for |
1618 | refunding bonds. Special assessment and revenue bonds may be |
1619 | delivered as payment by Space Florida the authority of the |
1620 | purchase price or lease of any project or part thereof, or a |
1621 | combination of projects or parts thereof, or as the purchase |
1622 | price of, or exchange for, any property, real, personal, or |
1623 | mixed, including franchises, or services rendered by any |
1624 | contractor, engineer, or other person, all at one time or in |
1625 | blocks from time to time, in such manner and upon such terms as |
1626 | the board in its discretion shall determine. The price or prices |
1627 | for 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 |
1630 | redemption or exchange, of outstanding obligations exchanged for |
1631 | refunding bonds. |
1632 | (3) In the case of special assessment or revenue bonds, |
1633 | the amount of any indebtedness to contractors or other persons |
1634 | paid with such bonds, or the fair value of any properties |
1635 | exchanged for the bonds, as determined by the board. |
1636 | Section 37. Section 331.340, Florida Statutes, is amended |
1637 | to read: |
1638 | 331.340 Authorization and form of bonds.--Bonds may be |
1639 | authorized by resolution or resolutions of the board which shall |
1640 | be adopted by a majority of all of the members thereof then in |
1641 | office and present at the meeting at which the resolution or |
1642 | resolutions are adopted and shall be approved as provided in s. |
1643 | 331.305. The resolution or resolutions of the board may be |
1644 | adopted at the same meeting at which they are introduced, and |
1645 | shall be published and noticed. The board may by resolution |
1646 | authorize the issuance of bonds, fix the aggregate amount of |
1647 | bonds to be issued, the purpose or purposes for which the moneys |
1648 | derived therefrom shall be expanded, the rate or rates of |
1649 | interest, the denomination of the bonds, whether or not the |
1650 | bonds are to be issued in one or more series, the date or dates |
1651 | thereof, the date or dates of maturity, which shall not exceed |
1652 | 40 years from their respective dates of issuance, the medium of |
1653 | payment, the place or places within or without the state where |
1654 | payment shall be made, registration privileges, redemption terms |
1655 | and privileges (whether with or without premium), the manner of |
1656 | execution, the form of the bonds including any interest coupons |
1657 | to be attached thereto, the manner of execution of bonds and |
1658 | coupons, and any and all other terms, covenants, and conditions |
1659 | thereof, and the establishment of reserve or other funds. Such |
1660 | authorizing resolution may further provide that such bonds may |
1661 | be executed manually or by engraved, lithographed, or facsimile |
1662 | signature, provided that where signatures are engraved, |
1663 | lithographed, or facsimile no bond shall be valid unless |
1664 | countersigned by a registrar or other officer designated by |
1665 | appropriate resolution of the board. The seal of Space Florida |
1666 | the authority may be affixed, lithographed, engraved, or |
1667 | otherwise reproduced in facsimile on such bonds. In case any |
1668 | officer whose signature or a facsimile of whose signature shall |
1669 | appear on any bonds or coupons shall cease to be such officer |
1670 | before the delivery of such bonds, such signature or facsimile |
1671 | shall nevertheless be valid and sufficient for all purposes the |
1672 | same as if the officer had remained in office until such |
1673 | delivery. |
1674 | Section 38. Section 331.343, Florida Statutes, is amended |
1675 | to read: |
1676 | 331.343 Defeasance.--The board may make such provision |
1677 | with respect to the defeasance of the right, title, and interest |
1678 | of the holders of any of the bonds and obligations of Space |
1679 | Florida the authority in any revenues, funds, or other |
1680 | properties by which such bonds are secured as the board deems |
1681 | appropriate and, without limitation on the foregoing, may |
1682 | provide that when such bonds or obligations become due and |
1683 | payable or shall have been called for redemption, and the whole |
1684 | amount of the principal and the interest and premium, if any, |
1685 | due and payable upon the bonds or obligations when outstanding |
1686 | shall be paid, or sufficient moneys or direct obligations of the |
1687 | United States Government the principal of and the interest on |
1688 | which when due will provide sufficient moneys, shall be held or |
1689 | deposited in trust for such purpose, and provision shall also be |
1690 | made for paying all other sums payable in connection with such |
1691 | bonds or other obligations, then and in such event the right, |
1692 | title, and interest of the holders of the bonds in any revenues, |
1693 | funds, or other properties by which such bonds are secured shall |
1694 | thereupon cease, terminate, and become void; and the board may |
1695 | apply any surplus in any sinking fund established in connection |
1696 | with such bonds or obligations and all balances remaining in all |
1697 | other funds or accounts other than money held for the redemption |
1698 | or payment of the bonds or other obligations to any lawful |
1699 | purpose of Space Florida the authority as the board shall |
1700 | determine. |
1701 | Section 39. Section 331.345, Florida Statutes, is amended |
1702 | to read: |
1703 | 331.345 Covenants.--Any resolution authorizing the |
1704 | issuance of bonds may contain such covenants as the board may |
1705 | deem advisable and all such covenants shall constitute valid and |
1706 | legally binding and enforceable contracts between Space Florida |
1707 | the authority and the bondholders, regardless of the time of |
1708 | issuance thereof. Such covenants may include, without |
1709 | limitation, covenants concerning the disposition of the bond |
1710 | proceeds, the use and disposition of project revenues, the |
1711 | pledging of revenues, and assessments, the obligations of Space |
1712 | Florida the authority with respect to the operation of the |
1713 | project and the maintenance of adequate project revenues, the |
1714 | issuance of additional bonds, the appointment, powers, and |
1715 | duties of trustees and receivers, the acquisition of outstanding |
1716 | bonds and obligations, restrictions on the establishing of |
1717 | competing projects or facilities, restrictions on the sale or |
1718 | disposal of the assets and property of Space Florida the |
1719 | authority, the priority of assessment liens, the priority of |
1720 | claims by bondholders on the taxing power of Space Florida the |
1721 | authority, the maintenance of deposits to assure the payment of |
1722 | revenues by users of spaceport facilities and services, the |
1723 | discontinuance of Space Florida authority services by reason of |
1724 | delinquent payments, acceleration upon default, the execution of |
1725 | necessary instruments, the procedure for amending or abrogating |
1726 | covenants with the bondholders, and such other covenants as may |
1727 | be deemed necessary or desirable for the security of the |
1728 | bondholders. |
1729 | Section 40. Section 331.346, Florida Statutes, is amended |
1730 | to read: |
1731 | 331.346 Validity of bonds; validation proceedings.--Any |
1732 | bonds issued by Space Florida the authority shall be |
1733 | incontestable in the hands of bona fide purchasers or holders |
1734 | for value and shall not be invalid because of any irregularity |
1735 | or defect in the proceedings for the issue and sale thereof. |
1736 | Prior to the issuance of any bonds, Space Florida the authority |
1737 | shall publish a notice at least once in a newspaper or |
1738 | newspapers published or of general circulation in the |
1739 | appropriate counties in the state, stating the date of adoption |
1740 | of the resolution authorizing such obligations, the amount, |
1741 | maximum rate of interest, and maturity of such obligations, and |
1742 | the purpose in general terms for which such obligations are to |
1743 | be issued, and further stating that no action or proceeding |
1744 | questioning the validity of such obligations or of the |
1745 | proceedings authorizing the issuance thereof, or of any |
1746 | covenants made therein, must be instituted within 20 days after |
1747 | the first publication of such notice, or the validity of such |
1748 | obligations, proceedings, and covenants shall not be thereafter |
1749 | questioned in any court whatsoever. If no such action or |
1750 | proceeding is so instituted within such 20-day period, then the |
1751 | validity of such obligations, proceedings, and covenants shall |
1752 | be conclusive, and all persons or parties whatsoever shall be |
1753 | forever barred from questioning the validity of such |
1754 | obligations, proceedings, or covenants in any court whatsoever. |
1755 | Section 41. Section 331.347, Florida Statutes, is amended |
1756 | to read: |
1757 | 331.347 Act furnishes full authority for issuance of |
1758 | bonds.--This act constitutes full and complete authority for the |
1759 | issuance of bonds and the exercise of the powers of Space |
1760 | Florida the authority provided herein. Any and all bonds issued |
1761 | by Space Florida the authority shall not be secured by the full |
1762 | faith and credit of the State of Florida and do not constitute |
1763 | an obligation, either general or special, thereof. |
1764 | Section 42. Section 331.348, Florida Statutes, is amended |
1765 | to read: |
1766 | 331.348 Investment of funds.--The board may in its |
1767 | discretion invest funds of Space Florida the authority through |
1768 | the Chief Financial Officer or in: |
1769 | (1) Direct obligations of or obligations guaranteed by the |
1770 | United States or for the payment of the principal and interest |
1771 | of which the faith and credit of the United States is pledged; |
1772 | (2) Bonds or notes issued by any of the following federal |
1773 | agencies: Bank for Cooperatives; federal intermediate credit |
1774 | banks; federal home loan bank system; federal land banks; or the |
1775 | Federal National Mortgage Association (including debentures or |
1776 | participating certificates issued by such association); |
1777 | (3) Public housing bonds issued by public housing |
1778 | authorities and secured by a pledge or annual contributions |
1779 | under an annual contribution contract or contracts with the |
1780 | United States; |
1781 | (4) Bonds or other interest-bearing obligations of any |
1782 | county, district, city, or town located in the state for which |
1783 | the full faith and credit of such political subdivision is |
1784 | pledged; |
1785 | (5) Any investment authorized for insurers by ss. 625.306- |
1786 | 625.316 and amendments thereto; or |
1787 | (6) Any investment authorized under s. 17.57 and |
1788 | amendments thereto. |
1789 | Section 43. Section 331.349, Florida Statutes, is amended |
1790 | to read: |
1791 | 331.349 Fiscal year of Space Florida the authority.--The |
1792 | board may has the power to establish and from time to time |
1793 | redetermine the fiscal year of Space Florida the authority. |
1794 | Unless the board otherwise provides, Space Florida's the |
1795 | authority's fiscal year shall be July 1 through June 30. |
1796 | Section 44. Section 331.350, Florida Statutes, is amended |
1797 | to read: |
1798 | 331.350 Insurance coverage of Space Florida the authority; |
1799 | safety program.-- |
1800 | (1) Notwithstanding any other provision of law, the State |
1801 | Risk Management Trust Fund established under s. 284.30 may shall |
1802 | not insure buildings and property owned or leased by Space |
1803 | Florida the authority. |
1804 | (2) Notwithstanding any other provision of law, the State |
1805 | Risk Management Trust Fund established under s. 284.30 may shall |
1806 | not insure against any liability of Space Florida the authority. |
1807 | (3) Space Florida The authority shall establish a safety |
1808 | program. The safety program shall include: |
1809 | (a) The development and implementation of a loss |
1810 | prevention program which shall consist of a comprehensive |
1811 | authority wide safety program for all of Space Florida, |
1812 | including a statement, established by the board of directors |
1813 | supervisors, of safety policy and responsibility. |
1814 | (b) Provision for regular and periodic facility and |
1815 | equipment inspections. |
1816 | (c) Investigation of job-related employee accidents and |
1817 | other accidents occurring on the premises of Space Florida the |
1818 | authority or within areas of its jurisdiction. |
1819 | (d) Establishment of a program to promote increased safety |
1820 | awareness among employees, agents, and subcontractors of Space |
1821 | Florida the authority. |
1822 | (4)(a) Space Florida The authority shall, if available, |
1823 | secure insurance coverage within reasonable limits for liability |
1824 | which may arise as a consequence of its responsibilities. |
1825 | (b) Space Florida The authority shall, if available, and |
1826 | if cost-effective, secure insurance coverage on its buildings, |
1827 | facilities, and property at reasonable levels. |
1828 | (c) Space Florida The authority, with respect to the |
1829 | purchase of insurance, shall be subject to the applicable |
1830 | provisions of chapter 287 and other applicable law. |
1831 | Section 45. Section 331.351, Florida Statutes, is amended |
1832 | to read: |
1833 | 331.351 Participation by women, minorities, and socially |
1834 | and economically disadvantaged business enterprises |
1835 | encouraged.--It is the intent of the Legislature and the public |
1836 | policy of this state that women, minorities, and socially and |
1837 | economically disadvantaged business enterprises be encouraged to |
1838 | participate fully in all phases of economic and community |
1839 | development. Accordingly, to achieve such purpose, Space Florida |
1840 | the authority shall, in accordance with applicable state and |
1841 | federal law, involve and utilize women, minorities, and socially |
1842 | and economically disadvantaged business enterprises in all |
1843 | phases of the design, development, construction, maintenance, |
1844 | and operation of spaceports developed under this act. |
1845 | Section 46. Section 331.354, Florida Statutes, is amended |
1846 | to read: |
1847 | 331.354 Tax exemption.--The exercise of the powers granted |
1848 | by this act in all respects shall be for the benefit of the |
1849 | people of the state, for the increase of their industry and |
1850 | prosperity, for the improvement of their health and living |
1851 | conditions, and for the provision of gainful employment and |
1852 | shall constitute the performance of essential public functions. |
1853 | Space Florida is The authority shall not be required to pay any |
1854 | taxes on any project or any other property owned by Space |
1855 | Florida the authority under the provisions of this act or upon |
1856 | the income therefrom. The bonds issued under the provisions of |
1857 | this act or upon the income therefrom (including any profit made |
1858 | on the sale thereof), and all notes, mortgages, security |
1859 | agreements, letters of credit, or other instruments which arise |
1860 | out of or are given to secure the repayment of bonds issued in |
1861 | connection with a project financed under this act, shall at all |
1862 | times be free from taxation by the state or any local unit, |
1863 | political subdivision, or other instrumentality of the state. |
1864 | Nothing in This section, however, does not exempt shall be |
1865 | construed as exempting from taxation or assessments the |
1866 | leasehold interest of a lessee in any project or any other |
1867 | property or interest owned by the lessee. The exemption granted |
1868 | by this section is shall not be applicable to any tax imposed by |
1869 | chapter 220 on interest, income, or profits on debt obligations |
1870 | owned by corporations. |
1871 | Section 47. Section 331.355, Florida Statutes, is amended |
1872 | to read: |
1873 | 331.355 Use of name; ownership rights to intellectual |
1874 | property.-- |
1875 | (1)(a) The corporate name of a corporation incorporated or |
1876 | authorized to transact business in this state, or the name of |
1877 | any person or business entity transacting business in this |
1878 | state, may not use the words "Space Florida," "Florida Space |
1879 | Authority," "Florida Aerospace Finance Corporation," "Florida |
1880 | Space Research Institute," "spaceport Florida," or "Florida |
1881 | spaceport" in its name unless the Space Florida board of |
1882 | directors the authority gives written approval for such use. |
1883 | (b) The Department of State may dissolve, pursuant to s. |
1884 | 607.1421, any corporation that violates paragraph (a). |
1885 | (2) Notwithstanding any provision of chapter 286, the |
1886 | legal title and every right, interest, claim, or demand of any |
1887 | kind in and to any patent, trademark, copyright, certification |
1888 | mark, or other right acquired under the patent and trademark |
1889 | laws of the United States or this state or any foreign country, |
1890 | or the application for the same, as is owned or held, acquired, |
1891 | or developed by Space Florida the authority, under the authority |
1892 | and directions given it by this part, is vested in Space Florida |
1893 | the authority for the use, benefit, and purposes provided in |
1894 | this part. Space Florida The authority is vested with and is |
1895 | authorized to exercise any and all of the normal incidents of |
1896 | such ownership, including the receipt and disposition of |
1897 | royalties. Any sums received as royalties from any such rights |
1898 | are hereby appropriated to Space Florida the authority for any |
1899 | and all of the purposes and uses provided in this part. |
1900 | Section 48. Section 331.360, Florida Statutes, is amended |
1901 | to read: |
1902 | 331.360 Joint participation project agreement or |
1903 | assistance; spaceport master plan.-- |
1904 | (1) It shall be the duty, function, and responsibility of |
1905 | the Department of Transportation to promote the further |
1906 | development and improvement of aerospace transportation |
1907 | facilities; to address intermodal requirements and impacts of |
1908 | the launch ranges, spaceports, and other space transportation |
1909 | facilities; to assist in the development of joint-use facilities |
1910 | and technology that support aviation and aerospace operations; |
1911 | to coordinate and cooperate in the development of spaceport |
1912 | infrastructure and related transportation facilities contained |
1913 | in the Strategic Intermodal System Plan; to encourage, where |
1914 | appropriate, the cooperation and integration of airports and |
1915 | spaceports in order to meet transportation-related needs; and to |
1916 | facilitate and promote cooperative efforts between federal and |
1917 | state government entities to improve space transportation |
1918 | capacity and efficiency. In carrying out this duty and |
1919 | responsibility, the department may assist and advise, cooperate |
1920 | with, and coordinate with federal, state, local, or private |
1921 | organizations and individuals. The department may |
1922 | administratively house its space transportation responsibilities |
1923 | within an existing division or office. |
1924 | (2) Notwithstanding any other provision of law, the |
1925 | Department of Transportation may enter into a joint |
1926 | participation project agreement with, or otherwise assist, the |
1927 | Florida Space Florida Authority as necessary to effectuate the |
1928 | provisions of this chapter and may allocate funds for such |
1929 | purposes in its 5-year work program. However, the department may |
1930 | not fund the administrative or operational costs of Space |
1931 | Florida the authority. |
1932 | (3) Space Florida The authority shall develop a spaceport |
1933 | master plan for expansion and modernization of space |
1934 | transportation facilities within spaceport territories as |
1935 | defined in s. 331.303(23). The plan shall contain recommended |
1936 | projects to meet current and future commercial, national, and |
1937 | state space transportation requirements. Space Florida The |
1938 | authority shall submit the plan to any appropriate metropolitan |
1939 | planning organization M.P.O. for review of intermodal impacts. |
1940 | Space Florida The authority shall submit the spaceport master |
1941 | plan to the Department of Transportation, and such plan may be |
1942 | included within the department's 5-year work program of |
1943 | qualifying aerospace discretionary capacity improvement under |
1944 | subsection (4). The plan shall identify appropriate funding |
1945 | levels and include recommendations on appropriate sources of |
1946 | revenue that may be developed to contribute to the State |
1947 | Transportation Trust Fund. |
1948 | (4) Subject to the availability of appropriated funds, the |
1949 | department may participate in the capital cost of eligible |
1950 | spaceport discretionary capacity improvement projects. The |
1951 | annual legislative budget request shall be based on the proposed |
1952 | funding requested for approved spaceport discretionary capacity |
1953 | improvement projects. |
1954 | Section 49. Section 331.369, Florida Statutes, is amended |
1955 | to read: |
1956 | 331.369 Space Industry Workforce Initiative.-- |
1957 | (1) The Legislature finds that the aerospace space |
1958 | industry is critical to the economic future of the state and |
1959 | that the competitiveness of the industry in the state depends |
1960 | upon the development and maintenance of a qualified workforce. |
1961 | The Legislature further finds that the aerospace space industry |
1962 | in this state has diverse and complex workforce needs, |
1963 | including, but not limited to, the need for qualified entry- |
1964 | level workers, the need to upgrade the skills of technician- |
1965 | level incumbent workers, and the need to ensure continuing |
1966 | education opportunities for workers with advanced educational |
1967 | degrees. It is the intent of the Legislature to support programs |
1968 | designed to address the workforce development needs of the |
1969 | aerospace space industry in this state. |
1970 | (2) The Workforce Development Board of Enterprise Florida, |
1971 | Inc., or it successor entity, shall coordinate development of a |
1972 | Space Industry Workforce Initiative in partnership with Space |
1973 | Florida, the Florida Space Research Institute, the institute's |
1974 | consortium of public and private universities, community |
1975 | colleges, and other training providers approved by the board. |
1976 | The purpose of the initiative is to use or revise existing |
1977 | programs and to develop innovative new programs to address the |
1978 | workforce needs of the aerospace space industry. |
1979 | (3) The initiative shall emphasize: |
1980 | (a) Curricula content and timeframes developed with |
1981 | industry participation and endorsed by the industry; |
1982 | (b) Programs that certify persons completing training as |
1983 | meeting industry-approved standards or competencies; |
1984 | (c) Use of distance-learning and computer-based training |
1985 | modules as appropriate and feasible; |
1986 | (d) Industry solicitation of public and private |
1987 | universities to develop continuing education programs at the |
1988 | master's and doctoral levels; |
1989 | (e) Agreements with the National Aeronautics and Space |
1990 | Administration to replicate on a national level successful |
1991 | training programs developed through the initiative; and |
1992 | (f) Leveraging of state and federal workforce funds. |
1993 | (4) The Workforce Development Board of Enterprise Florida, |
1994 | Inc., or its successor entity, with the assistance of Space |
1995 | Florida the Florida Space Research Institute, shall convene |
1996 | representatives from the aerospace space industry to identify |
1997 | the priority training and education needs of the industry and to |
1998 | appoint a team to design programs to meet the such priority |
1999 | needs. |
2000 | (5) The Workforce Development Board of Enterprise Florida, |
2001 | Inc., or its successor entity, as part of its statutorily |
2002 | prescribed annual report to the Legislature, shall provide |
2003 | recommendations for policies, programs, and funding to enhance |
2004 | the workforce needs of the aerospace space industry. |
2005 | Section 50. Paragraph (g) of subsection (2) of section |
2006 | 14.2015, Florida Statutes, is amended to read: |
2007 | 14.2015 Office of Tourism, Trade, and Economic |
2008 | Development; creation; powers and duties.-- |
2009 | (2) The purpose of the Office of Tourism, Trade, and |
2010 | Economic Development is to assist the Governor in working with |
2011 | the Legislature, state agencies, business leaders, and economic |
2012 | development professionals to formulate and implement coherent |
2013 | and consistent policies and strategies designed to provide |
2014 | economic opportunities for all Floridians. To accomplish such |
2015 | purposes, the Office of Tourism, Trade, and Economic Development |
2016 | shall: |
2017 | (g) Serve as contract administrator for the state with |
2018 | respect to contracts with Enterprise Florida, Inc., the Florida |
2019 | Commission on Tourism, Space Florida, and all direct-support |
2020 | organizations under this act, excluding those relating to |
2021 | tourism. To accomplish the provisions of this act and applicable |
2022 | provisions of chapter 288, and notwithstanding the provisions of |
2023 | part I of chapter 287, the office shall enter into specific |
2024 | contracts with Enterprise Florida, Inc., the Florida Commission |
2025 | on Tourism, Space Florida, and other appropriate direct-support |
2026 | organizations. Such contracts may be multiyear and shall include |
2027 | specific performance measures for each year. |
2028 | Section 51. Section 74.011, Florida Statutes, is amended |
2029 | to read: |
2030 | 74.011 Scope.--In any eminent domain action, properly |
2031 | instituted by and in the name of the state; the Department of |
2032 | Transportation; any county, school board, municipality, |
2033 | expressway authority, regional water supply authority, |
2034 | transportation authority, flood control district, or drainage or |
2035 | subdrainage district; the ship canal authority; any lawfully |
2036 | constituted housing, port, or aviation authority; the Florida |
2037 | Space Authority; or any rural electric cooperative, telephone |
2038 | cooperative corporation, or public utility corporation, the |
2039 | petitioner may avail itself of the provisions of this chapter to |
2040 | take possession and title in advance of the entry of final |
2041 | judgment. |
2042 | Section 52. Subsection (6) of section 196.012, Florida |
2043 | Statutes, is amended to read: |
2044 | 196.012 Definitions.--For the purpose of this chapter, the |
2045 | following terms are defined as follows, except where the context |
2046 | clearly indicates otherwise: |
2047 | (6) Governmental, municipal, or public purpose or function |
2048 | shall be deemed to be served or performed when the lessee under |
2049 | any leasehold interest created in property of the United States, |
2050 | the state or any of its political subdivisions, or any |
2051 | municipality, agency, special district, authority, or other |
2052 | public body corporate of the state is demonstrated to perform a |
2053 | function or serve a governmental purpose which could properly be |
2054 | performed or served by an appropriate governmental unit or which |
2055 | is demonstrated to perform a function or serve a purpose which |
2056 | would otherwise be a valid subject for the allocation of public |
2057 | funds. For purposes of the preceding sentence, an activity |
2058 | undertaken by a lessee which is permitted under the terms of its |
2059 | lease of real property designated as an aviation area on an |
2060 | airport layout plan which has been approved by the Federal |
2061 | Aviation Administration and which real property is used for the |
2062 | administration, operation, business offices and activities |
2063 | related specifically thereto in connection with the conduct of |
2064 | an aircraft full service fixed base operation which provides |
2065 | goods and services to the general aviation public in the |
2066 | promotion of air commerce shall be deemed an activity which |
2067 | serves a governmental, municipal, or public purpose or function. |
2068 | Any activity undertaken by a lessee which is permitted under the |
2069 | terms of its lease of real property designated as a public |
2070 | airport as defined in s. 332.004(14) by municipalities, |
2071 | agencies, special districts, authorities, or other public bodies |
2072 | corporate and public bodies politic of the state, a spaceport as |
2073 | defined in s. 331.303(19), or which is located in a deepwater |
2074 | port identified in s. 403.021(9)(b) and owned by one of the |
2075 | foregoing governmental units, subject to a leasehold or other |
2076 | possessory interest of a nongovernmental lessee that is deemed |
2077 | to perform an aviation, airport, aerospace, maritime, or port |
2078 | purpose or operation shall be deemed an activity that serves a |
2079 | governmental, municipal, or public purpose. The use by a lessee, |
2080 | licensee, or management company of real property or a portion |
2081 | thereof as a convention center, visitor center, sports facility |
2082 | with permanent seating, concert hall, arena, stadium, park, or |
2083 | beach is deemed a use that serves a governmental, municipal, or |
2084 | public purpose or function when access to the property is open |
2085 | to the general public with or without a charge for admission. If |
2086 | property deeded to a municipality by the United States is |
2087 | subject to a requirement that the Federal Government, through a |
2088 | schedule established by the Secretary of the Interior, determine |
2089 | that the property is being maintained for public historic |
2090 | preservation, park, or recreational purposes and if those |
2091 | conditions are not met the property will revert back to the |
2092 | Federal Government, then such property shall be deemed to serve |
2093 | a municipal or public purpose. The term "governmental purpose" |
2094 | also includes a direct use of property on federal lands in |
2095 | connection with the Federal Government's Space Exploration |
2096 | Program or spaceport activities as defined in s. 212.02(22). |
2097 | Real property and tangible personal property owned by the |
2098 | Federal Government or Space Florida the Florida Space Authority |
2099 | and used for defense and space exploration purposes or which is |
2100 | put to a use in support thereof shall be deemed to perform an |
2101 | essential national governmental purpose and shall be exempt. |
2102 | "Owned by the lessee" as used in this chapter does not include |
2103 | personal property, buildings, or other real property |
2104 | improvements used for the administration, operation, business |
2105 | offices and activities related specifically thereto in |
2106 | connection with the conduct of an aircraft full service fixed |
2107 | based operation which provides goods and services to the general |
2108 | aviation public in the promotion of air commerce provided that |
2109 | the real property is designated as an aviation area on an |
2110 | airport layout plan approved by the Federal Aviation |
2111 | Administration. For purposes of determination of "ownership," |
2112 | buildings and other real property improvements which will revert |
2113 | to the airport authority or other governmental unit upon |
2114 | expiration of the term of the lease shall be deemed "owned" by |
2115 | the governmental unit and not the lessee. Providing two-way |
2116 | telecommunications services to the public for hire by the use of |
2117 | a telecommunications facility, as defined in s. 364.02(15), and |
2118 | for which a certificate is required under chapter 364 does not |
2119 | constitute an exempt use for purposes of s. 196.199, unless the |
2120 | telecommunications services are provided by the operator of a |
2121 | public-use airport, as defined in s. 332.004, for the operator's |
2122 | provision of telecommunications services for the airport or its |
2123 | tenants, concessionaires, or licensees, or unless the |
2124 | telecommunications services are provided by a public hospital. |
2125 | However, property that is being used to provide such |
2126 | telecommunications services on or before October 1, 1997, shall |
2127 | remain exempt, but such exemption expires October 1, 2004. |
2128 | Section 53. Subsection (22) of section 212.02, Florida |
2129 | Statutes, is amended to read: |
2130 | 212.02 Definitions.--The following terms and phrases when |
2131 | used in this chapter have the meanings ascribed to them in this |
2132 | section, except where the context clearly indicates a different |
2133 | meaning: |
2134 | (22) "Spaceport activities" means activities directed or |
2135 | sponsored by Space Florida the Florida Space Authority on |
2136 | spaceport territory pursuant to its powers and responsibilities |
2137 | under the Space Florida Act Florida Space Authority Act. |
2138 | Section 54. Subsection (7) of section 288.063, Florida |
2139 | Statutes, is amended to read: |
2140 | 288.063 Contracts for transportation projects.-- |
2141 | (7) For the purpose of this section, Space Florida the |
2142 | Florida Space Authority may serve as the local government or as |
2143 | the contracting agency for transportation projects within |
2144 | spaceport territory as defined by s. 331.304. |
2145 | Section 55. Subsection (1) of section 288.075, Florida |
2146 | Statutes, is amended to read: |
2147 | 288.075 Confidentiality of records.-- |
2148 | (1) As used in this section, the term "economic |
2149 | development agency" means the Office of Tourism, Trade, and |
2150 | Economic Development, any industrial development authority |
2151 | created in accordance with part III of chapter 159 or by special |
2152 | law, Space Florida the Florida Space Authority created in part |
2153 | II of chapter 331, the Florida Aerospace Finance Corporation |
2154 | created in part III of chapter 331, the public economic |
2155 | development agency of a county or municipality, or any research |
2156 | and development authority created in accordance with part V of |
2157 | chapter 159. The term also includes any private agency, person, |
2158 | partnership, corporation, or business entity when authorized by |
2159 | the state, a municipality, or a county to promote the general |
2160 | business interests or industrial interests of the state or that |
2161 | municipality or county. |
2162 | Section 56. Subsection (2) of section 288.35, Florida |
2163 | Statutes, is amended to read: |
2164 | 288.35 Definitions.--The following terms, wherever used or |
2165 | referred to in this part, shall have the following meanings: |
2166 | (2) "Government agency" means the state or any county or |
2167 | political subdivision thereof; any state agency; any |
2168 | consolidated government of a county, and some or all of the |
2169 | municipalities located within the said county; any chartered |
2170 | municipality in the state; and any of the institutions of such |
2171 | consolidated governments, counties, or municipalities. |
2172 | Specifically included are airports, port authorities, industrial |
2173 | authorities, and Space Florida the Florida Space Authority. |
2174 | Section 57. Subsection (2) of section 288.9415, Florida |
2175 | Statutes, is amended to read: |
2176 | 288.9415 International Trade Grants.-- |
2177 | (2) A county, municipality, economic development council, |
2178 | Space Florida the Florida Space Authority, or a not-for-profit |
2179 | association of businesses organized to assist in the promotion |
2180 | of international trade may apply for a grant of state funds for |
2181 | the promotion of international trade. |
2182 | Section 58. Paragraph (j) of subsection (5) of section |
2183 | 212.08, Florida Statutes, is amended to read: |
2184 | 212.08 Sales, rental, use, consumption, distribution, and |
2185 | storage tax; specified exemptions.--The sale at retail, the |
2186 | rental, the use, the consumption, the distribution, and the |
2187 | storage to be used or consumed in this state of the following |
2188 | are hereby specifically exempt from the tax imposed by this |
2189 | chapter. |
2190 | (5) EXEMPTIONS; ACCOUNT OF USE.-- |
2191 | (j) Machinery and equipment used in semiconductor, |
2192 | defense, or space technology production and research and |
2193 | development.-- |
2194 | 1.a. Industrial machinery and equipment used in |
2195 | semiconductor technology facilities certified under subparagraph |
2196 | 6. to manufacture, process, compound, or produce semiconductor |
2197 | technology products for sale or for use by these facilities are |
2198 | exempt from the tax imposed by this chapter. For purposes of |
2199 | this paragraph, industrial machinery and equipment includes |
2200 | molds, dies, machine tooling, other appurtenances or accessories |
2201 | to machinery and equipment, testing equipment, test beds, |
2202 | computers, and software, whether purchased or self-fabricated, |
2203 | and, if self-fabricated, includes materials and labor for |
2204 | design, fabrication, and assembly. |
2205 | b. Industrial machinery and equipment used in defense or |
2206 | space technology facilities certified under subparagraph 6. to |
2207 | design, manufacture, assemble, process, compound, or produce |
2208 | defense technology products or space technology products for |
2209 | sale or for use by these facilities are exempt from 25 percent |
2210 | of the tax imposed by this chapter. |
2211 | 2.a. Machinery and equipment are exempt from the tax |
2212 | imposed by this chapter if used predominately in semiconductor |
2213 | wafer research and development activities in a semiconductor |
2214 | technology research and development facility certified under |
2215 | subparagraph 6. For purposes of this paragraph, machinery and |
2216 | equipment includes molds, dies, machine tooling, other |
2217 | appurtenances or accessories to machinery and equipment, testing |
2218 | equipment, test beds, computers, and software, whether purchased |
2219 | or self-fabricated, and, if self-fabricated, includes materials |
2220 | and labor for design, fabrication, and assembly. |
2221 | b. Machinery and equipment are exempt from 25 percent of |
2222 | the tax imposed by this chapter if used predominately in defense |
2223 | or space research and development activities in a defense or |
2224 | space technology research and development facility certified |
2225 | under subparagraph 6. |
2226 | 3. Building materials purchased for use in manufacturing |
2227 | or expanding clean rooms in semiconductor-manufacturing |
2228 | facilities are exempt from the tax imposed by this chapter. |
2229 | 4. In addition to meeting the criteria mandated by |
2230 | subparagraph 1., subparagraph 2., or subparagraph 3., a business |
2231 | must be certified by the Office of Tourism, Trade, and Economic |
2232 | Development as authorized in this paragraph in order to qualify |
2233 | for exemption under this paragraph. |
2234 | 5. For items purchased tax exempt pursuant to this |
2235 | paragraph, possession of a written certification from the |
2236 | purchaser, certifying the purchaser's entitlement to exemption |
2237 | pursuant to this paragraph, relieves the seller of the |
2238 | responsibility of collecting the tax on the sale of such items, |
2239 | and the department shall look solely to the purchaser for |
2240 | recovery of tax if it determines that the purchaser was not |
2241 | entitled to the exemption. |
2242 | 6.a. To be eligible to receive the exemption provided by |
2243 | subparagraph 1., subparagraph 2., or subparagraph 3., a |
2244 | qualifying business entity shall initially apply to Enterprise |
2245 | Florida, Inc. The original certification shall be valid for a |
2246 | period of 2 years. In lieu of submitting a new application, the |
2247 | original certification may be renewed biennially by submitting |
2248 | to the Office of Tourism, Trade, and Economic Development a |
2249 | statement, certified under oath, that there has been no material |
2250 | change in the conditions or circumstances entitling the business |
2251 | entity to the original certification. The initial application |
2252 | and certification renewal statement shall be developed by the |
2253 | Office of Tourism, Trade, and Economic Development in |
2254 | consultation with Enterprise Florida, Inc. |
2255 | b. Enterprise Florida, Inc., shall review each submitted |
2256 | initial application and information and determine whether or not |
2257 | the application is complete within 5 working days. Once an |
2258 | application is complete, Enterprise Florida, Inc., shall, within |
2259 | 10 working days, evaluate the application and recommend approval |
2260 | or disapproval of the application to the Office of Tourism, |
2261 | Trade, and Economic Development. |
2262 | c. Upon receipt of the initial application and |
2263 | recommendation from Enterprise Florida, Inc., or upon receipt of |
2264 | a certification renewal statement, the Office of Tourism, Trade, |
2265 | and Economic Development shall certify within 5 working days |
2266 | those applicants who are found to meet the requirements of this |
2267 | section and notify the applicant, Enterprise Florida, Inc., and |
2268 | the department of the original certification or certification |
2269 | renewal. If the Office of Tourism, Trade, and Economic |
2270 | Development finds that the applicant does not meet the |
2271 | requirements of this section, it shall notify the applicant and |
2272 | Enterprise Florida, Inc., within 10 working days that the |
2273 | application for certification has been denied and the reasons |
2274 | for denial. The Office of Tourism, Trade, and Economic |
2275 | Development has final approval authority for certification under |
2276 | this section. |
2277 | 7.a. A business may apply once each year for the |
2278 | exemption. |
2279 | d.b. The initial application and certification renewal |
2280 | statement must indicate, for program evaluation purposes only, |
2281 | the average number of full-time equivalent employees at the |
2282 | facility over the preceding calendar year, the average wage and |
2283 | benefits paid to those employees over the preceding calendar |
2284 | year, the total investment made in real and tangible personal |
2285 | property over the preceding calendar year, and the total value |
2286 | of tax-exempt purchases and taxes exempted during the previous |
2287 | year. The department shall assist the Office of Tourism, Trade, |
2288 | and Economic Development in evaluating and verifying information |
2289 | provided in the application for exemption. |
2290 | e.c. The Office of Tourism, Trade, and Economic |
2291 | Development may use the information reported on the initial |
2292 | application and certification renewal statement for evaluation |
2293 | purposes only and shall prepare an annual report on the |
2294 | exemption program and its cost and impact. The annual report for |
2295 | the preceding fiscal year shall be submitted to the Governor, |
2296 | the President of the Senate, and the Speaker of the House of |
2297 | Representatives by September 30 of each fiscal year. |
2298 | 7.8. A business certified to receive this exemption may |
2299 | elect to designate one or more state universities or community |
2300 | colleges as recipients of up to 100 percent of the amount of the |
2301 | exemption for which they may qualify. To receive these funds, |
2302 | the institution must agree to match the funds so earned with |
2303 | equivalent cash, programs, services, or other in-kind support on |
2304 | a one-to-one basis in the pursuit of research and development |
2305 | projects as requested by the certified business. The rights to |
2306 | any patents, royalties, or real or intellectual property must be |
2307 | vested in the business unless otherwise agreed to by the |
2308 | business 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 |
2311 | in qualifying research and development. |
2312 | b. "Research and development" means basic and applied |
2313 | research in the science or engineering, as well as the design, |
2314 | development, and testing, of prototypes or processes of new or |
2315 | improved products, including the design, development, and |
2316 | testing of space launch vehicles, space flight vehicles, |
2317 | missiles, satellites, or research payloads, avionics, and |
2318 | associated control systems and processing systems, and |
2319 | components of any of the foregoing. Research and development |
2320 | does not include market research, routine consumer product |
2321 | testing, sales research, research in the social sciences or |
2322 | psychology, or similar nontechnological activities, or technical |
2323 | services. |
2324 | c. "Semiconductor technology products" means raw |
2325 | semiconductor wafers or semiconductor thin films that are |
2326 | transformed into semiconductor memory or logic wafers, including |
2327 | wafers containing mixed memory and logic circuits; related |
2328 | assembly and test operations; active-matrix flat panel displays; |
2329 | semiconductor chips; semiconductor lasers; optoelectronic |
2330 | elements; and related semiconductor technology products as |
2331 | determined by the Office of Tourism, Trade, and Economic |
2332 | Development. |
2333 | d. "Clean rooms" means manufacturing facilities enclosed |
2334 | in a manner that meets the clean manufacturing requirements |
2335 | necessary for high-technology semiconductor-manufacturing |
2336 | environments. |
2337 | e. "Defense technology products" means products that have |
2338 | a military application, including, but not limited to, weapons, |
2339 | weapons systems, guidance systems, surveillance systems, |
2340 | communications or information systems, munitions, aircraft, |
2341 | vessels, or boats, or components thereof, which are intended for |
2342 | military use and manufactured in performance of a contract with |
2343 | the United States Department of Defense or the military branch |
2344 | of a recognized foreign government or a subcontract thereunder |
2345 | which relates to matters of national defense. |
2346 | f. "Space technology products" means products that are |
2347 | specifically designed or manufactured for application in space |
2348 | activities, including, but not limited to, space launch |
2349 | vehicles, space flight vehicles, missiles, satellites or |
2350 | research payloads, avionics, and associated control systems and |
2351 | processing systems and components of any of the foregoing. The |
2352 | term does not include products that are designed or manufactured |
2353 | for general commercial aviation or other uses even though those |
2354 | products may also serve an incidental use in space applications. |
2355 | Section 59. Section 1004.86, Florida Statutes, is created |
2356 | to read: |
2357 | 1004.86 Florida Center for Mathematics and Science |
2358 | Education Research.-- |
2359 | (1) The Department of Education shall contract with a |
2360 | competitively selected public or private university to create |
2361 | and operate the Florida Center for Mathematics and Science |
2362 | Education Research. The purpose of the center is increasing |
2363 | student achievement in mathematics and science, with an emphasis |
2364 | on K-12 education. The center shall: |
2365 | (a) Provide technical assistance and support to school |
2366 | districts and schools in the development and implementation of |
2367 | mathematics and science instruction. |
2368 | (b) Conduct applied research on policy and practices |
2369 | related to mathematics and science instruction and assessment in |
2370 | the state. |
2371 | (c) Conduct or compile basic research regarding student |
2372 | acquisition of mathematics and science knowledge and skills. |
2373 | (d) Develop comprehensive course frameworks for |
2374 | mathematics and science courses that emphasize rigor and |
2375 | relevance at the elementary, middle, and high school levels. |
2376 | Student achievement data should be used to aid in the |
2377 | development of course frameworks for low-performing schools, |
2378 | special needs students, females, and minorities. |
2379 | (e) Disseminate information regarding research-based |
2380 | teaching practices in mathematics and science to teachers and |
2381 | teacher educators in the state. |
2382 | (f) Collect, manage, and report on assessment information |
2383 | regarding student achievement in mathematics and science. The |
2384 | report shall include student achievement by ethnic group. |
2385 | (g) Establish partnerships with public and private |
2386 | universities, community colleges, school districts, and other |
2387 | appropriate entities to further increase student achievement in |
2388 | mathematics and science. |
2389 | (h) Develop a comprehensive plan, with input from school |
2390 | districts, to increase the number and percentage of females and |
2391 | minority students enrolling in and successfully completing |
2392 | mathematics and science courses. |
2393 | (2) The department shall monitor the center through the |
2394 | Division of K-12 Public Schools. |
2395 | Section 60. Sections 331.314, 331.315, 331.367, 331.368, |
2396 | 331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415, |
2397 | 331.417, and 331.419, Florida Statutes, are repealed. |
2398 | Section 61. No later than September 1, 2006, the Florida |
2399 | Space Authority, the Florida Space Research Institute, and the |
2400 | Florida Aerospace Finance Corporation shall submit articles of |
2401 | dissolution to the Department of State in accordance with s. |
2402 | 607.1403, Florida Statutes, or s. 617.1403, Florida Statutes, as |
2403 | applicable. The Florida Space Authority shall also comply with |
2404 | the dissolution procedures provided s. 189.4042, Florida |
2405 | Statutes. Space Florida, as created by this act, is the |
2406 | successor organization to the Florida Space Authority, the |
2407 | Florida Space Research Institute, and the Florida Aerospace |
2408 | Finance Corporation. The Florida Space Authority, the Florida |
2409 | Space Research Institute, and the Florida Aerospace Finance |
2410 | Corporation shall transfer and Space Florida shall receive all |
2411 | records, property, obligations, and unexpended balances of |
2412 | appropriations, allocations, or other funds of the dissolved |
2413 | entities. To ensure compliance with 26 U.S.C. 501(c)(3), Space |
2414 | Florida shall use the assets and funds transferred to it from |
2415 | the Florida Space Research Institute and the Florida Aerospace |
2416 | Finance Corporation in a manner consistent with the purposes for |
2417 | which the originating entity received such assets and funds. |
2418 | Section 62. The Governor, the President of the Senate, and |
2419 | the Speaker of the House of Representatives shall appoint the |
2420 | board of directors of Space Florida no later than July 1, 2006. |
2421 | The board of directors of Space Florida shall hold its first |
2422 | meeting no later than August 1, 2006. The board of directors of |
2423 | Space Florida shall appoint a president no later than September |
2424 | 1, 2006. The Executive Office of the Governor shall provide |
2425 | staffing and transitional support to Space Florida until |
2426 | December 31, 2006. |
2427 | Section 63. Subsection (12) is added to section 288.1224, |
2428 | Florida Statutes, to read: |
2429 | 288.1224 Powers and duties.--The commission: |
2430 | (12) Shall advise and cooperate with Space Florida |
2431 | regarding space tourism marketing, when appropriate and |
2432 | beneficial. |
2433 | Section 64. Subsection (7) is added to section 288.9015, |
2434 | Florida Statutes, to read: |
2435 | 288.9015 Enterprise Florida, Inc.; purpose; duties.-- |
2436 | (7) Enterprise Florida, Inc., shall enter into an |
2437 | agreement with Space Florida to: |
2438 | (a) Develop a plan to retain, expand, attract, and create |
2439 | aerospace industry entities, public or private, which result in |
2440 | the creation of high-value-added businesses and jobs in this |
2441 | state. |
2442 | (b) Develop a plan to assist in the financing of aerospace |
2443 | businesses. |
2444 | Section 65. Subsection (33) is added to section 334.044, |
2445 | Florida Statutes, to read: |
2446 | 334.044 Department; powers and duties.--The department |
2447 | shall have the following general powers and duties: |
2448 | (33) To enter into agreement with Space Florida to |
2449 | coordinate and cooperate in the development of spaceport |
2450 | infrastructure and related transportation facilities contained |
2451 | in the Strategic Intermodal System Plan and, where appropriate, |
2452 | encourage the cooperation and integration of airports and |
2453 | spaceports in order to meet transportation-related needs. |
2454 | Section 66. Subsection (12) is added to section 445.004, |
2455 | Florida Statutes, to read: |
2456 | 445.004 Workforce Florida, Inc.; creation; purpose; |
2457 | membership; duties and powers.-- |
2458 | (12) Workforce Florida, Inc., shall enter into agreement |
2459 | with Space Florida and collaborate with vocational institutes, |
2460 | community colleges, colleges, and universities in this state, to |
2461 | develop a workforce development strategy to implement the |
2462 | workforce provisions of s. 331.3051. |
2463 | Section 67. Subsection (17) is added to section 1001.10, |
2464 | Florida Statutes, read: |
2465 | 1001.10 Commissioner of Education; general powers and |
2466 | duties.--The Commissioner of Education is the chief educational |
2467 | officer of the state, and is responsible for giving full |
2468 | assistance to the State Board of Education in enforcing |
2469 | compliance with the mission and goals of the seamless K-20 |
2470 | education system. To facilitate innovative practices and to |
2471 | allow local selection of educational methods, the State Board of |
2472 | Education may authorize the commissioner to waive, upon the |
2473 | request of a district school board, State Board of Education |
2474 | rules that relate to district school instruction and school |
2475 | operations, except those rules pertaining to civil rights, and |
2476 | student health, safety, and welfare. The Commissioner of |
2477 | Education is not authorized to grant waivers for any provisions |
2478 | in rule pertaining to the allocation and appropriation of state |
2479 | and local funds for public education; the election, |
2480 | compensation, and organization of school board members and |
2481 | superintendents; graduation and state accountability standards; |
2482 | financial reporting requirements; reporting of out-of-field |
2483 | teaching assignments under s. 1012.42; public meetings; public |
2484 | records; or due process hearings governed by chapter 120. No |
2485 | later than January 1 of each year, the commissioner shall report |
2486 | to the Legislature and the State Board of Education all approved |
2487 | waiver requests in the preceding year. Additionally, the |
2488 | commissioner has the following general powers and duties: |
2489 | (17) To enter into agreement with Space Florida to develop |
2490 | innovative aerospace-related education programs that promote |
2491 | mathematics and science education for grades K-20. |
2492 |
|
2493 | The commissioner's office shall operate all statewide functions |
2494 | necessary to support the State Board of Education and the K-20 |
2495 | education system, including strategic planning and budget |
2496 | development, general administration, and assessment and |
2497 | accountability. |
2498 | Section 68. There is appropriated for the 2006-2007 state |
2499 | fiscal year to the Office of Tourism, Trade, and Economic |
2500 | Development within the Office of the Governor $35 million of |
2501 | nonrecurring funds from the General Revenue Fund to be used for |
2502 | infrastructure needs related to the development of the National |
2503 | Aeronautics and Space Administration's Crew Exploration Vehicle; |
2504 | $3 million of nonrecurring funds from the General Revenue Fund |
2505 | for operational needs of Space Florida, including operational |
2506 | funding through September 1, 2006, for the Florida Space |
2507 | Authority, the Florida Aerospace Finance Corporation, and the |
2508 | Florida Space Research Institute; and $4 million of nonrecurring |
2509 | funds from the General Revenue Fund for implementation of |
2510 | innovative education programs and financing assistance for |
2511 | aerospace business-development projects. |
2512 | Section 69. Notwithstanding s. 331.308(1)(f), Florida |
2513 | Statutes, the current board appointees, including ex officio |
2514 | appointees, to the Florida Space Authority Board of Supervisors |
2515 | shall complete their appointed terms as members of the Space |
2516 | Florida Board and shall assist Space Florida with its |
2517 | transition. Their historical perspective, insight, and expertise |
2518 | will ensure continuity of operations. The Governor shall make |
2519 | appointments to fill the remaining vacancies by July 1, 2006. |
2520 | Other vacancies occurring prior to the expiration of a term may |
2521 | be filled as provided in this act. The board of directors of |
2522 | Space Florida shall hold its first meeting by August 1, 2006. |
2523 | The board of directors shall appoint a president by September 1, |
2524 | 2006. The Executive Office of the Governor shall provide |
2525 | staffing and transition assistance to Space Florida until |
2526 | December 31, 2006. |
2527 | Section 70. This act shall take effect upon becoming a |
2528 | law. |