| 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 |
|
| 89 | Be It Enacted by the Legislature of the State of Florida: |
| 90 |
|
| 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. |