Senate Bill sb2580
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Florida Senate - 2006 SB 2580
By Senator Fasano
11-1574C-06
1 A bill to be entitled
2 An act relating to the state's aerospace
3 industry; redesignating the "Florida Space
4 Authority" as "Space Florida"; providing
5 legislative intent; providing definitions;
6 revising and consolidating the roles, purposes,
7 responsibilities, assets, and duties of the
8 Florida Space Authority as those of Space
9 Florida; deleting authority to establish
10 facilities and complementary activities;
11 providing additional powers and duties of Space
12 Florida; prohibiting Space Florida from
13 endorsing political candidates or making
14 campaign contributions; characterizing certain
15 property as Space Florida territory; providing
16 additional powers and responsibilities of Space
17 Florida relating to the state's aerospace
18 industry; deleting authority to exercise
19 eminent domain powers; requiring Space Florida
20 to create a business plan and a marketing
21 campaign; requiring Space Florida to coordinate
22 its activities with federal and state agencies;
23 replacing provisions providing for a board of
24 supervisors with provisions providing for a
25 board of directors of Space Florida; providing
26 for designation and appointment of members;
27 providing for terms, removal of members, and
28 filling of vacancies; providing for board
29 meetings; specifying service without
30 compensation; providing for reimbursement of
31 certain expenses; providing financial
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1 disclosure requirements; revising powers and
2 duties of the board; creating ss. 331.3011 and
3 331.3051, F.S.; amending ss. 331.301, 331.302,
4 331.303, 331.305, 331.306, 331.308, 331.309,
5 331.310, 331.3101, 331.311, 331.312, 331.313,
6 331.315, 331.316, 331.317, 331.318, 331.319,
7 331.320, 331.321, 331.322, 331.323, 331.324,
8 331.325, 331.326 331.327, 331.328, 331.329,
9 331.331, 331.333, 331.334, 331.335, 331.336,
10 331.337, 331.338, 331.339, 331.340, 331.343,
11 331.345, 331.346, 331.347, 331.348, 331.349,
12 331.350, 331.351, 331.354, 331.355, 331.360,
13 and 331.369, F.S., to conform; amending ss.
14 14.2015, 74.011, 196.012, 212.02, 288.063,
15 288.075, 288.35, and 288.9415, F.S., to
16 conform; amending s. 212.08, F.S.; expanding
17 the exemption from the sales and use tax on
18 certain machinery and equipment; amending s.
19 212.20, F.S.; requiring dealers at certain
20 business locations to file returns with the
21 Department of Revenue disclosing certain sales
22 tax information; specifying return
23 requirements; requiring the department to
24 distribute certain proceeds to Space Florida;
25 requiring expenditure of such proceeds for
26 certain purposes; creating s. 1004.86, F.S.;
27 requiring the Department of Education to
28 establish the Florida Center for Mathematics
29 and Science Education Research at a public
30 state university; specifying requirements for
31 the center; repealing s. 331.314, F.S.,
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1 relating to the exclusive authority of the
2 Florida Space Authority to regulate spaceports;
3 repealing s. 331.367, F.S., relating to the
4 Spaceport Management Council; repealing s.
5 331.368, F.S., relating to the Florida Space
6 Research Institute; repealing ss. 331.401,
7 331.403, 331.405, 331.407, 331.409, 331.411,
8 331.415, 331.417, and 331.419, F.S., relating
9 to the Florida Aerospace Finance Corporation;
10 providing that the Florida Space Authority, the
11 Florida Space Research Institute, and the
12 Florida Aerospace Finance Corporation are
13 dissolved on a specified date; providing that
14 Space Florida assumes the records, property,
15 and unexpended balances of appropriations,
16 allocations, and other funds from the dissolved
17 entities; requiring the Governor, the President
18 of the Senate, and the Speaker of the House of
19 Representatives to appoint the board of
20 directors of Space Florida by a specified date;
21 requiring the board of directors of Space
22 Florida to hold its first meeting by a
23 specified date; amending ss. 228.1224,
24 288.9015, 445.004, and 1001.10, F.S.; requiring
25 the Florida Commission on Tourism, Enterprise
26 Florida, Inc., Workforce Florida, Inc., and the
27 Commissioner of Education to enter into
28 memoranda of agreement with Space Florida;
29 providing an effective date.
30
31 Be It Enacted by the Legislature of the State of Florida:
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1 Section 1. Section 331.301, Florida Statutes, is
2 amended to read:
3 331.301 Short title.--This act may be cited as the
4 "Space Florida Space Authority Act."
5 Section 2. Section 331.3011, Florida Statutes, is
6 created to read:
7 331.3011 Legislative findings and intent.--
8 (1) The Legislature finds and declares that the
9 aerospace industry of this state is integral to the state's
10 long-term success in diversifying its economy and building a
11 knowledge-based economy that is able to support the creation
12 of high value-added businesses and jobs. Further, under the
13 direction and leadership of a single, private-public board,
14 this state has the opportunity to strengthen its existing
15 leadership in civil and military aerospace activity and emerge
16 as a leader in the nation's new vision for space exploration
17 and commercial aerospace opportunities, including the
18 integration of space, aeronautics, and aviation technologies.
19 As the leading location for talent, research, advanced
20 technologies and systems development, launch, and other
21 aerospace-based industry activities, this state can position
22 itself for sustainable economic growth and prosperity.
23 (2) The Legislature finds that attaining this vision
24 requires a strong public and private commitment to a world
25 class aerospace and aeronautics industry. It is the intent of
26 the Legislature that Space Florida will encourage the public
27 and private sectors to work together to implement an
28 aggressive strategy that enhances the state's workforce,
29 education, and research capabilities, with emphasis on
30 mathematics, science, engineering, and related fields; will
31 focus on the state's economic development efforts in order to
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1 capture a larger share of activity in aerospace research,
2 technology, production, and commercial operations, while
3 maintaining the state's historical leadership in space launch
4 activities; and will preserve the unique national role served
5 by the Cape Canaveral Air Force Station and Kennedy Space
6 Center by reducing costs and improving the regulatory
7 flexibility for commercial sector launches while pursuing the
8 development of alternative sites for commercial horizontal
9 launches.
10 (3) It is the intent of the Legislature that aerospace
11 activities be highly visible and coordinated within this
12 state. To that end, it is the intent of the Legislature that
13 Space Florida provide a single point of contact for state
14 aerospace-related activities with federal agencies, the
15 military, state agencies, businesses, and the private sector.
16 Section 3. Section 331.302, Florida Statutes, is
17 amended to read:
18 (Substantial rewording of section. See
19 s. 331.302, F.S., for present text.)
20 331.302 Space Florida; creation; purpose.--
21 (1) There is established, formed, and created Space
22 Florida, which is created and incorporated as a public
23 corporation, body politic, and subdivision of the state to
24 foster the growth and development of a sustainable and
25 world-leading aerospace industry in this state. Space Florida
26 shall promote aerospace business development by facilitating
27 business financing, spaceport operations, research and
28 development, workforce development, and innovative education
29 programs. Space Florida has all the powers, rights,
30 privileges, and authority as provided under the laws of this
31 state.
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1 (2) In carrying out its duties and responsibilities,
2 Space Florida shall advise, coordinate, cooperate, and, when
3 necessary, enter into memoranda of agreement with
4 municipalities, counties, regional authorities, state agencies
5 and organizations, appropriate federal agencies and
6 organizations, and other interested persons and groups.
7 (3) Space Florida may not endorse any candidate for
8 any elected public office or contribute money to the campaign
9 of any candidate for public office.
10 (4) Space Florida is not an agency as defined in ss.
11 216.011 and 287.012.
12 Section 4. Section 331.303, Florida Statutes, is
13 amended to read:
14 331.303 Definitions.--
15 (1) "Aerospace" means the industry that designs and
16 manufactures aircraft related to space flight, rockets,
17 missiles, spacecraft, satellites, space vehicles, space
18 stations, space facilities or components thereof, and
19 equipment, systems, facilities, simulators, programs, and
20 related activities. "Authority" means the Florida Space
21 Authority created by this act.
22 (2) "Board" or "board of directors supervisors" means
23 the governing body of Space Florida the authority.
24 (3) "Bonds" means revenue bonds, assessment bonds, or
25 other bonds or obligations issued by Space Florida the
26 authority for the purpose of raising financing for its
27 projects.
28 (4) "Business client" means any person, other than a
29 state official or state employee, who receives the services
30 of, or is the subject of solicitation by, representatives of
31 Space Florida the authority in connection with the performance
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1 of its statutory duties, including purchasers or prospective
2 purchasers of Space Florida authority services, persons or
3 representatives of firms considering or being solicited for
4 investment in Space Florida authority projects, persons or
5 representatives of firms considering or being solicited for
6 location, relocation, or expansion of an aerospace-related a
7 space-related business within the state, and business,
8 financial, or other persons connected with the aerospace space
9 industry.
10 (5) "Complementary activity" means any aerospace space
11 business incubator, aerospace space tourism activity,
12 educational involvement in an incubator, or space tourism and
13 aerospace-related space-related research and development.
14 (6) "Conduit bond" means any bond of Space Florida
15 that the authority which is a nonrecourse obligation of Space
16 Florida the authority payable from the proceeds of the such
17 bonds and related financing agreements.
18 (7) "Cost" means all costs, fees, charges, expenses,
19 and amounts associated with the development of projects by
20 Space Florida the authority.
21 (8) "Entertainment expenses" means the actual,
22 necessary, and reasonable costs of providing hospitality for
23 business clients or guests, which costs are defined and
24 prescribed by rules adopted by Space Florida the authority,
25 subject to approval by the Chief Financial Officer.
26 (9) "Federal aid" means any property, funding, or
27 other financial assistance provided by the Federal Government
28 to Space Florida the authority for its projects.
29 (10) "Financing agreement" means a lease,
30 lease-purchase agreement, lease with option to purchase, sale
31 or installment sale agreement, whether title passes in whole
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1 or in part at any time before prior to, at, or after
2 completion of the project, loan agreement, or other agreement
3 forming the basis for the financing under this act, including
4 any agreements, guarantees, or security instruments forming
5 part of or related to providing assurance of payment of the
6 obligations under the such financing agreement.
7 (11) "Guest" means a person, other than a state
8 official or state employee, authorized by the board or its
9 designee to receive the hospitality of Space Florida the
10 authority in connection with the performance of its statutory
11 duties.
12 (12) "Landing area" means the geographical area
13 designated by Space Florida the authority within the spaceport
14 territory for or intended for the landing and surface
15 maneuvering of any launch or other space vehicle.
16 (13) "Launch pad" means any launch pad, runway,
17 airstrip, or similar facility used by the spaceport or
18 spaceport user for launching of space vehicles.
19 (14) "Payload" means any property or cargo to be
20 transported aboard any vehicle launched by or from the
21 spaceport.
22 (15) "Person" means any individual, child, community
23 college, college, university, firm, association, joint
24 venture, partnership, estate, trust, business trust,
25 syndicate, fiduciary, corporation, nation, government
26 (federal, state, or local), agency (government or other),
27 subdivision of the state, municipality, county, business
28 entity, or any other group or combination.
29 (16) "Project" means any development, improvement,
30 property, launch, utility, facility, system, works, road,
31 sidewalk, enterprise, service, or convenience, which may
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1 include coordination with state partners or agencies
2 Enterprise Florida, Inc., the Board of Education, the Florida
3 Aerospace Finance Corporation, and the Florida Space Research
4 Institute; any rocket, capsule, module, launch facility,
5 assembly facility, operations or control facility, tracking
6 facility, administrative facility, or any other type of
7 space-related transportation vehicle, station, or facility;
8 any type of equipment or instrument to be used or useful in
9 connection with any of the foregoing; any type of intellectual
10 property and intellectual property protection in connection
11 with any of the foregoing including, without limitation, any
12 patent, copyright, trademark, and service mark for, among
13 other things, computer software; any water, wastewater, gas,
14 or electric utility system, plant, or distribution or
15 collection system; any small business incubator initiative,
16 including any startup aerospace company, and any aerospace
17 business proposing to expand or locate its business in this
18 state, research and development company, research and
19 development facility, education and workforce training
20 facility, storage facility, and consulting service; or any
21 tourism initiative, including any space experience attraction,
22 microgravity flight program, aerospace space-launch-related
23 activity, and space museum sponsored or promoted by Space
24 Florida the authority.
25 (17) "Range" means the geographical area designated by
26 Space Florida the authority or other appropriate body as the
27 area for the launching of rockets, missiles, launch vehicles,
28 and other vehicles designed to reach high altitude.
29 (18) "Recovery" means the recovery of space vehicles
30 and payloads which have been launched from or by a the
31 spaceport.
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1 (19) "Spaceport" means any area of land or water, or
2 any manmade object or facility located therein, developed by
3 Space Florida the authority under this act, which area is
4 intended for public use or for the launching, takeoff, and
5 landing of spacecraft and aircraft, and includes any
6 appurtenant areas which are used or intended for public use,
7 for spaceport buildings, or for other spaceport facilities,
8 spaceport projects, or rights-of-way.
9 (20) "Spaceport Florida" means the authority or its
10 facilities and projects.
11 (20)(21) "Spaceport launch facilities" means shall be
12 defined as industrial facilities as described in accordance
13 with s. 380.0651(3)(c) and include any launch pad, launch
14 control center, and fixed launch-support equipment.
15 (21)(22) "Spaceport system" means the programs,
16 organizations, and infrastructure developed by Space Florida
17 the authority for the development of facilities or activities
18 to enhance and provide commercial aerospace space-related
19 development opportunities for business, education, workforce
20 development, and government within the state.
21 (22)(23) "Spaceport territory" means the geographical
22 area designated in s. 331.304 and as amended or changed in
23 accordance with s. 331.329.
24 (23)(24) "Spaceport user" means any person who uses
25 the facilities or services of any spaceport; and, for the
26 purposes of any exemptions or rights granted under this act,
27 the said spaceport user shall be deemed a spaceport user only
28 during the time period in which the such person has in effect
29 a contract, memorandum of understanding, or agreement with the
30 spaceport, and such rights and exemptions shall be granted
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1 with respect to transactions relating only to spaceport
2 projects.
3 (24)(25) "Travel expenses" means the actual,
4 necessary, and reasonable costs of transportation, meals,
5 lodging, and incidental expenses normally incurred by a
6 traveler, which costs are defined and prescribed by rules
7 adopted by Space Florida the authority, subject to approval by
8 the Chief Financial Officer.
9 (25)(26) "Spaceport discretionary capacity improvement
10 projects" means capacity improvements that enhance space
11 transportation capacity at spaceports that have had one or
12 more orbital or suborbital flights during the previous
13 calendar year or have an agreement in writing for installation
14 of one or more regularly scheduled orbital or suborbital
15 flights upon the commitment of funds for stipulated spaceport
16 capital improvements.
17 Section 5. Section 331.305, Florida Statutes, is
18 amended to read:
19 331.305 Powers of Space Florida the authority.--Space
20 Florida has The authority shall have the power to:
21 (1) Exercise all powers granted to corporations under
22 the Florida Business Corporation Act, chapter 607.
23 (2) Sue and be sued by its name in any court of law or
24 in equity.
25 (3) Adopt and use a corporate seal and alter the same
26 at pleasure.
27 (4) Review and make recommendations with respect to a
28 strategy to guide and facilitate the future of space-related
29 educational and commercial development. The authority shall in
30 coordination with the Federal Government, private industry,
31 and Florida universities develop a business plan which shall
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1 address the expansion of Spaceport Florida locations, space
2 launch capacity, spaceport projects, and complementary
3 activities, which shall include, but not be limited to, a
4 detailed analysis of:
5 (a) The authority and the commercial space industry.
6 (b) Products, services description--potential,
7 technologies, skills.
8 (c) Market research and evaluation--customers,
9 competition, economics.
10 (d) Marketing plan and strategy.
11 (e) Design and development plan--tasks, difficulties,
12 costs.
13 (f) Manufacturing locations, facilities, and
14 operations plan.
15 (g) Management organization--roles and
16 responsibilities.
17 (h) Overall schedule monthly.
18 (i) Important risks, assumptions, and problems.
19 (j) Community impact--economic, human development,
20 community development.
21 (k) Financial plan (monthly for first year; quarterly
22 for next 3 years).
23 (l) Proposed authority offering--financing,
24 capitalization, use of funds.
25 (4)(5) Acquire property, real, personal, intangible,
26 tangible, or mixed, within or without its territorial limits,
27 in fee simple or any lesser interest or estate, by purchase,
28 gift, devise, or lease, on such terms and conditions as the
29 board may deem necessary or desirable, and sell or otherwise
30 dispose of the same and of any of the assets and properties of
31 Space Florida the authority.
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1 (5)(6) Make and execute any and all contracts and
2 other instruments necessary or convenient to the exercise of
3 its powers, including financing agreements with persons or
4 spaceport users to facilitate the financing, construction,
5 leasing, or sale of any project.
6 (6)(7) Whenever deemed necessary by the board, lease
7 as lessor or lessee to or from any person, public or private,
8 any facilities or property for the use of Space Florida the
9 authority and carry out any of the purposes of Space Florida
10 the authority.
11 (7)(8) Appoint, through its board of directors
12 supervisors, a president an executive director.
13 (8)(9) Own, acquire, construct, develop, create,
14 reconstruct, equip, operate, maintain, extend, and improve
15 launch pads, landing areas, ranges, payload assembly
16 buildings, payload processing facilities, laboratories,
17 aerospace space business incubators, launch vehicles,
18 payloads, space flight hardware, facilities and equipment for
19 the construction of payloads, space flight hardware, rockets,
20 and other launch vehicles, and other spaceport facilities and
21 other aerospace-related space-related systems, including
22 educational, cultural, and parking facilities and
23 space-related initiatives.
24 (9) Insure, coinsure, lend, and guarantee loans and to
25 originate for sale direct aerospace-related loans, pursuant to
26 criteria, bylaws, policies, and procedures adopted by the
27 board.
28 (10) Capitalize, underwrite, and secure funding for
29 aerospace infrastructure, satellites, launch vehicles, and any
30 service that supports aerospace launches.
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1 (11) Construct, lease, or sell aerospace
2 infrastructure, satellites, launch vehicles, and any other
3 related activities and services.
4 (12) Acquire, accept, or administer grants, contracts,
5 and fees from other organizations to perform activities that
6 are consistent with the purposes of this section.
7 (10) Undertake a program of advertising to the public
8 promoting space-related businesses or any spaceport projects
9 of the authority, and expend moneys and undertake such
10 activities to carry out such advertising and promotional
11 program as the board from time to time may determine.
12 (13)(11) Own, acquire, construct, reconstruct, equip,
13 operate, maintain, extend, or and improve transportation
14 facilities appropriate to meet the transportation requirements
15 of Space Florida the authority and activities conducted within
16 the spaceport territory.
17 (14)(12) Own, acquire, construct, reconstruct, equip,
18 operate, maintain, extend, or and improve electric power
19 plants, transmission lines and related facilities, gas mains
20 and facilities of any nature for the production or
21 distribution of natural gas, transmission lines and related
22 facilities and plants and facilities for the generation and
23 transmission of power through traditional and new and
24 experimental sources of power and energy; purchase electric
25 power, natural gas, and other sources of power for
26 distribution within any spaceport territory; develop and
27 operate water and sewer systems and waste collection and
28 disposal consistent with chapter 88-130, Laws of Florida; and
29 develop and operate such new and experimental public
30 utilities, including, but not limited to, centrally
31 distributed heating and air-conditioning facilities and
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1 services, closed-circuit television systems, and computer
2 services and facilities, as the board may from time to time
3 determine. However, Space Florida may the authority shall not
4 construct any system, work, project, or utility authorized to
5 be constructed under this paragraph in the event that a
6 system, work, project, or utility of a similar character is
7 being actually operated by a municipality or private company
8 in the municipality or territory adjacent thereto, unless such
9 municipality or private company consents to such construction.
10 (15)(13) Designate, set aside, and maintain lands and
11 areas within or without the territorial limits of any
12 spaceport territory as conservation areas or bird and wildlife
13 sanctuaries; stock such areas with animal and plant life and
14 stock water areas with fish and other aquatic life; adopt
15 pursuant to ss. 120.536(1) and 120.54 promulgate and enforce
16 rules and regulations with respect thereto and protect and
17 preserve the natural beauty thereof; and do all acts necessary
18 or desirable in order to qualify such lands and areas as
19 conservation areas and sanctuaries under any of the laws of
20 the state or under federal law.
21 (16)(14) Establish a program for the control,
22 abatement, and elimination of mosquitoes and other noxious
23 insects, rodents, reptiles, and other pests throughout the
24 spaceport territory and undertake such works and construct
25 such facilities within or without the spaceport territory as
26 may be determined by the board to be needed to effectuate such
27 program; abate and suppress mosquitoes and other arthropods,
28 whether disease-bearing or pestiferous, within any spaceport
29 territory when in the judgment of the board such action is
30 necessary or desirable for the health and welfare of the
31 inhabitants of or visitors to any spaceport; and take any and
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1 all temporary or permanent eliminative measures that the board
2 may deem advisable. The Legislature hereby finds and declares
3 Space Florida the authority eligible to receive state funds,
4 supplies, services, and equipment available or that may in the
5 future become available to mosquito or pest control districts,
6 the provisions of s. 388.021 notwithstanding.
7 (17)(15) Subject to the rules and regulations of the
8 appropriate water management district, own, acquire,
9 construct, reconstruct, equip, maintain, operate, extend, and
10 improve water and flood control facilities. The Legislature
11 hereby finds and declares Space Florida the authority eligible
12 to receive moneys, disbursements, and assistance from the
13 state available to flood control or water management districts
14 and navigation districts or agencies.
15 (18)(16) Own, acquire, construct, reconstruct, equip,
16 maintain, operate, extend, and improve public safety
17 facilities for the spaceport, including security stations,
18 security vehicles, fire stations, water mains and plugs, and
19 fire trucks and other vehicles and equipment; hire employees,
20 security officers, and firefighters; and undertake such works
21 and construct such facilities determined by the board to be
22 necessary or desirable to promote and ensure public safety
23 within the spaceport territory.
24 (19)(17) Hire, through its president executive
25 director, a safety officer with substantial experience in
26 public safety procedures and programs for space vehicle
27 launching and related hazardous operations. The safety officer
28 shall monitor and report on the safety and hazards of
29 ground-based space operations to the president executive
30 director.
31
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1 (18) Establish a personnel management system for
2 hiring employees and setting employee benefit packages. The
3 personnel of the authority shall not be considered to be
4 within the state employment system.
5 (19) Establish procedures, rules, and rates governing
6 per diem and travel expenses of its employees, the members of
7 the board of supervisors, and other persons authorized by the
8 board to incur such expenses. Except as otherwise provided in
9 s. 331.3101, such rules are subject to provisions of state law
10 or rules pertaining to per diem and travel expenses of public
11 officers, employees, or other persons authorized by an agency
12 head to incur such expenses.
13 (20) Examine, develop, and use utilize new concepts,
14 designs, and ideas; own, acquire, construct, reconstruct,
15 equip, operate, maintain, extend, and improve experimental
16 spaceport facilities and services; and otherwise undertake,
17 sponsor, finance, and maintain such research activities,
18 experimentation, and development as the board may from time to
19 time determine, in connection with any of the projects that
20 Space Florida the authority is authorized to undertake
21 pursuant to the powers and authority vested in it by this act,
22 and in order to promote the development and utilization of new
23 concepts, designs, and ideas in the fields of space
24 exploration, commercialization of the space industry, and
25 spaceport facilities.
26 (21) Issue revenue bonds, assessment bonds, or any
27 other bonds or obligations authorized by the provisions of
28 this act or any other law, or any combination of the
29 foregoing, and pay all or part of the cost of the acquisition,
30 construction, reconstruction, extension, repair, improvement,
31 or maintenance of any project or combination of projects,
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1 including payloads and space flight hardware, and equipment
2 for research, development, and educational activities, to
3 provide for any facility, service, or other activity of Space
4 Florida the authority, and provide for the retirement or
5 refunding of any bonds or obligations of Space Florida the
6 authority, or for any combination of the foregoing purposes.
7 Space Florida The authority must provide 14 days' notice to
8 the presiding officers and appropriations chairs of both
9 houses of the Legislature prior to presenting a bond proposal
10 to the Governor and Cabinet. If either presiding officer or
11 appropriations chair objects to the bonding proposal within
12 the 14-day-notice period, the bond issuance may be approved
13 only by a vote of two-thirds of the members of the Governor
14 and Cabinet.
15 (22) Make expenditures for entertainment and travel
16 expenses and business clients, guests, and other authorized
17 persons as provided in this act.
18 (23) In connection with any financing agreement, fix
19 and collect fees, loan payments, rental payments, and other
20 charges for the use of any project in such amount as to
21 provide sufficient moneys to pay the principal of and interest
22 on bonds as the same shall become due and payable, if so
23 provided in the bond resolution or trust agreement, and to
24 create reserves for such purposes. The fees, rents, payments,
25 and charges and all other revenues and proceeds derived from
26 the project in connection with which the bonds of any issue
27 shall have been issued, except such part thereof as may be
28 necessary for such reserves or any expenditures as may be
29 provided in the resolution authorizing the issuance of the
30 bonds or in the trust agreement securing the same, shall be
31 set aside, at the time as may be specified in the resolution
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1 or trust agreement, in a sinking fund which may be pledged to
2 and charged with the payment of the principal of and the
3 interest on such bonds as the same shall become due and the
4 redemption price or the purchase price of bonds retired by
5 call or purchase as therein provided. Such pledge is shall be
6 valid and binding from the time the pledge is made. The fees,
7 rents, charges, and other revenues and moneys so pledged and
8 thereafter received by or on behalf of Space Florida the
9 authority shall immediately be subject to the lien of any such
10 pledge without any physical delivery thereof or further act,
11 and the lien of any such pledge is shall be valid and binding
12 as against all parties having claims of any kind in tort,
13 contract, or otherwise against Space Florida the authority,
14 irrespective of whether such parties have notice thereof.
15 Neither the resolution nor any trust agreement by which a
16 pledge is created need be filed or recorded, except in the
17 records of Space Florida the authority. The use and
18 disposition of money to the credit of the sinking fund shall
19 be subject to the provisions of the resolution authorizing the
20 issuance of such bonds or the provisions of such trust
21 agreement.
22 (24) Exercise the right and power of eminent domain in
23 spaceport territory as defined in s. 331.304. In exercising
24 such power, the authority shall comply with the procedures and
25 requirements of chapters 73 and 74.
26 Section 6. Section 331.3051, Florida Statutes, is
27 created to read:
28 331.3051 Duties of Space Florida.--Space Florida
29 shall:
30 (1) Create a business plan to foster the growth and
31 development of the aerospace industry. The business plan must
19
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1 address business development; finance; spaceport operations;
2 research and development; workforce development; and
3 education. The business plan must be completed by March 1,
4 2007, and be revised when determined as necessary by the
5 board.
6 (2) Enter into memoranda of agreement with the
7 Department of Education, the Department of Transportation,
8 Enterprise Florida, Inc., the Florida Tourism Commission and
9 its direct-support organization, and Workforce Florida, Inc.,
10 for the purpose of implementing this act.
11 (3) In cooperation with Enterprise Florida, Inc.,
12 develop a plan to retain, expand, attract, and create
13 aerospace industry entities, public or private, which results
14 in the creation of high-value-added businesses and jobs in
15 this state.
16 (4) Create a marketing campaign to help attract,
17 develop, and retain aerospace businesses, aerospace research
18 and technology, and other related activities in this state.
19 The campaign must be coordinated with any existing
20 economic-development-promotion efforts in this state and may
21 use private resources. Marketing strategies may include
22 developing promotional materials, Internet and print
23 advertising, public relations and media placement, trade show
24 attendance, and other activities.
25 (5) Develop, in conjunction with Enterprise Florida,
26 Inc., and the Florida Commission on Tourism and its
27 direct-support organization, a public advertising program
28 promoting aerospace-related activities, businesses, or any
29 Space Florida projects.
30
31
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1 (6) In cooperation with Enterprise Florida, Inc.,
2 develop a plan to finance aerospace businesses. The plan may
3 include the following activities:
4 (a) Assembling, publishing, and disseminating
5 information concerning financing opportunities and techniques
6 for aerospace projects, programs, and activities; sources of
7 public and private aerospace financing assistance; and sources
8 of aerospace-related financing.
9 (b) Organizing, hosting, and participating in seminars
10 and other forums designed to disseminate information and
11 technical assistance regarding aerospace-related financing.
12 (c) Coordinating with programs and goals of the
13 Department of Defense, the National Aeronautics and Space
14 Administration, the Export-Import Bank, the International
15 Trade Administration of the United States Department of
16 Commerce, the Foreign Credit Insurance Association, and other
17 private and public programs and organizations, domestic and
18 foreign.
19 (d) Establishing a network of contacts among those
20 domestic and foreign public and private organizations that
21 provide information, technical assistance, and financial
22 support to the aerospace industry.
23 (7) In carrying out its responsibilities for spaceport
24 operations:
25 (a) Seek federal support to renew and upgrade the
26 infrastructure and technologies at the Cape Canaveral Air
27 Force Station, the Kennedy Space Center, and the Eastern Range
28 that will enhance space and military programs of the Federal
29 Government, and improve access for commercial launch
30 activities.
31
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1 (b) Support federal efforts to clarify roles and
2 responsibilities of federal agencies, and eliminate
3 duplicative federal rules and policies, in an effort to
4 streamline access for commercial launch users.
5 (c) Pursue the development of additional commercial
6 spaceports in the state through a competitive request for
7 proposals in partnership with counties or municipalities, the
8 Federal Government, or private entities.
9 (d) Promote and facilitate launch activity within the
10 state by supporting and assisting commercial launch operators
11 in completing and submitting required documentation and
12 gaining approvals and authorization from the required federal
13 agencies for launching from Florida.
14 (e) Consult, as necessary, with the appropriate
15 federal, state, and local authorities, including the National
16 Aeronautics and Space Administration, the Federal Aviation
17 Administration, the Department of Defense, the Department of
18 Transportation, the Florida National Guard, and industry on
19 all aspects of establishing and operating spaceport
20 infrastructure and related facilities within the state.
21 (8) In carrying out its responsibility for research
22 and development:
23 (a) Manage the contract for the operators of the
24 state's Space Life Sciences Laboratory.
25 (b) Work in collaboration with one or more
26 universities and other public or private entities to develop a
27 proposal for a Center of Excellence for Aerospace that will
28 foster and promote the research necessary to develop
29 commercially promising, advanced, and innovative science and
30 technology and will transfer those discoveries to the
31 commercial sector.
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1 (9) In carrying out its responsibility for workforce
2 development, coordinate with Workforce Florida, Inc.,
3 community colleges, colleges, universities, and other public
4 and private partners to develop a plan to retain and retrain
5 workers, from entry-level skills training through to
6 technician-level, and 4-year degrees and higher, with the
7 skills most relevant to space and aeronautics employers, and
8 further enhance the Florida Aviation/Aerospace Banner Center
9 to ensure that graduates from the institution meet the needs
10 of the space and aeronautics industry.
11 (10) In carrying out its responsibility for creating
12 innovative education programs, fund programs developed in
13 conjunction with the Department of Education, targeting grades
14 K-20 in an effort to promote mathematics and science education
15 programs, which may include the Florida-NASA Matching Grant
16 Program, aerospace-focused education programs for teachers,
17 education-oriented microgravity flight programs for teachers
18 and students, and Internet-based aerospace education. Funds
19 for these programs shall include tax revenues distributed to
20 Space Florida under s. 212.20(6)(d) and may also include
21 private-sector support or in-kind contributions. In its annual
22 report, Space Florida shall include, at a minimum, a
23 description of programs funded, the number of students served,
24 and private-sector support.
25 Section 7. Section 331.306, Florida Statutes, is
26 amended to read:
27 331.306 Federal airspace notification.--In
28 coordination with the Florida Department of Transportation,
29 Space Florida the authority shall develop and file the federal
30 airspace notification required for priority airspace use.
31
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1 Section 8. Section 331.308, Florida Statutes, is
2 amended to read:
3 331.308 Board of directors supervisors.--
4 (1) Space Florida shall be governed by a board of
5 directors. Designees of appointed members do not have voting
6 authority. The board of directors shall consist of the
7 following members:
8 (a) The Governor or the Governor's designee.
9 (b) The Secretary of Transportation or the secretary's
10 designee.
11 (c) The president of Workforce Florida, Inc., or the
12 president's designee.
13 (d) The president of Enterprise Florida, Inc., or the
14 president's designee.
15 (e) The president of the Florida Tourism Commission's
16 direct-support organization or the president's designee.
17 (f) The Commissioner of Education or the
18 commissioner's designee.
19 (g) Seven members from the private sector appointed by
20 the Governor. In making these appointments, the Governor shall
21 ensure that the composition of the board reflects the
22 diversity of the aerospace industry community of this state
23 and, to the greatest degree possible, that the composition of
24 the board includes, but is not limited to, individuals
25 representing the industries of business, finance, marketing,
26 space, aerospace, aviation, defense, research and development,
27 and education. The Governor shall also consider whether the
28 current members of the board, together with potential
29 appointees, reflect the racial, ethnic, and gender diversity,
30 as well as the geographic distribution, of the population of
31 the state.
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1 (h) Two ex officio, nonvoting members, one of whom
2 shall be a member of the Senate, selected by the President of
3 the Senate, and one of whom shall be a member of the House of
4 Representatives, selected by the Speaker of the House of
5 Representatives.
6 (i) Six members from the private sector, three of whom
7 shall be appointed by the President of the Senate and three of
8 whom shall be appointed by the Speaker of the House of
9 Representatives.
10 (2)(a) Vacancies on the board shall be filled for the
11 unexpired term in the same manner as the original appointments
12 to the board.
13 (b) Each member of the board of directors shall serve
14 for a term of 4 years, except that the initial terms shall be
15 staggered.
16 1. The Governor shall appoint two members for a 1-year
17 term, two members for 2-year terms, and three members for
18 4-year terms.
19 2. The President of the Senate and the Speaker of the
20 House of Representatives shall each appoint one member for a
21 1-year term, one member for a 2-year term, and one member for
22 a 4-year term.
23 (c) Any member is eligible for reappointment.
24 (3) Appointed members may be removed by the Governor
25 for cause. Absence from three consecutive meetings without
26 good cause shall result in automatic removal.
27 (4) All regular members are subject to confirmation by
28 the Senate at the next regular session of the Legislature.
29 (5) The Governor shall serve as chair of the board of
30 directors. The board of directors shall biennially elect one
31 of its members as vice chair to serve in the absence of the
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1 Governor and to perform such other duties as may be
2 designated. The president shall keep a record of the
3 proceedings of the board of directors and shall be the
4 custodian of all books, documents, and papers filed with the
5 board of directors, the minutes of the board of directors, and
6 the official seal of Space Florida.
7 (6) The board of directors shall meet at least four
8 times each year, upon the call of the chair, at the request of
9 the vice chair, or at the request of a majority of the
10 membership. A majority of the total number of current voting
11 directors shall constitute a quorum. The board of directors
12 may take official action by a majority vote of the members
13 present at any meeting at which a quorum is present.
14 (7) Members of the board of directors shall serve
15 without compensation, but members, the president, and staff
16 may be reimbursed for all reasonable, necessary, and actual
17 expenses, as determined by the board of directors of Space
18 Florida pursuant to s. 112.061.
19 (8) Each member of the board of directors of Space
20 Florida who is not otherwise required to file financial
21 disclosure pursuant to s. 8, Art. II of the State Constitution
22 or s. 112.3144, shall file disclosure of financial interests
23 pursuant to s. 112.3145. There is created within the Florida
24 Space Authority a board of supervisors consisting of eight
25 regular members, who shall be appointed by the Governor, and
26 two ex officio nonvoting members, one of whom shall be a state
27 senator selected by the President of the Senate and one of
28 whom shall be a state representative selected by the Speaker
29 of the House of Representatives. The Lieutenant Governor, who
30 is the state's space policy leader, shall serve as chair of
31 the board of supervisors, and shall cast the deciding vote if
26
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1 the votes of the eight regular members result in a tie. The
2 board shall elect a vice chair to preside in the absence of
3 the Lieutenant Governor and to perform such other duties as
4 may be designated. All regular members shall be subject to
5 confirmation by the Senate at the next regular session of the
6 Legislature. Existing board members are not prohibited from
7 reappointment. Each of the regular board members must be a
8 resident of the state and must have experience in the
9 aerospace or commercial space industry or in finance or have
10 other significant relevant experience. A private sector legal
11 entity may not have more than one person serving on the board
12 at any one time. One regular member shall represent organized
13 labor interests, one regular member shall represent minority
14 interests, and four regular members must represent space
15 industry, at least one of whom must also be from a small
16 business, as defined in s. 288.703. For the purpose of this
17 section, "space industry" includes private sector entities
18 engaged in space flight business, as defined in s. 212.031,
19 research and technology development of space-based products
20 and services, space station commercialization, development of
21 spaceport and range technology, remote sensing products and
22 services, space biotechnology, measurement and calibration of
23 space assets, space-related software and information
24 technology development, design and architecture of space-based
25 assets and facilities for manufacturing and other purposes,
26 space-related nanotechnology, space tourism, and other
27 commercial enterprises utilizing uniquely space-based
28 capabilities.
29 (2) Each regular member shall serve a term of 4 years
30 or until a successor is appointed and qualified. The term of
31 each such member shall be construed to commence on the date of
27
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1 appointment and to terminate on June 30 of the year of the end
2 of the term. Appointment to the board shall not preclude any
3 such member from holding any other private or public position.
4 (3) The ex officio nonvoting legislative members shall
5 serve on the board for 2-year terms.
6 (4) Any vacancy on the board shall be filled for the
7 balance of the unexpired term.
8 (5) The board shall appoint an executive director.
9 Meetings shall be held quarterly or more frequently at the
10 call of the chair. A majority of the regular members of the
11 board shall constitute a quorum, and a majority vote of such
12 members present is necessary for any action taken by the
13 board.
14 (6) The Governor has the authority to remove from the
15 board any regular member in the manner and for cause as
16 defined by the laws of this state and applicable to situations
17 that may arise before the board. Unless excused by the chair
18 of the board, a regular member's absence from two or more
19 consecutive board meetings creates a vacancy in the office to
20 which the member was appointed.
21 Section 9. Section 331.309, Florida Statutes, is
22 amended to read:
23 331.309 Treasurer; depositories; fiscal agent.--
24 (1) The board shall designate an individual who is a
25 resident of the state, or a qualified public depository as
26 defined in s. 280.02, as treasurer of Space Florida the
27 authority, who shall have charge of the funds of Space Florida
28 the authority. Such funds shall be disbursed only upon the
29 order of or pursuant to the resolution of the board by
30 warrant, check, authorization, or direct deposit pursuant to
31 s. 215.85, signed or authorized by the treasurer or his or her
28
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1 representative or by such other persons as may be authorized
2 by the board. The board may give the treasurer such other or
3 additional powers and duties as the board may deem appropriate
4 and shall establish the treasurer's compensation. The board
5 may require the treasurer to give a bond in such amount, on
6 such terms, and with such sureties as may be deemed
7 satisfactory to the board to secure the performance by the
8 treasurer of his or her powers and duties. The board shall
9 audit or have audited the books of the treasurer at least once
10 a year.
11 (2) The board is authorized to select as depositories
12 in which the funds of the board and of Space Florida the
13 authority shall be deposited any qualified public depository
14 as defined in s. 280.02, upon such terms and conditions as to
15 the payment of interest by such depository upon the funds so
16 deposited as the board may deem just and reasonable. Funds of
17 the authority may also be deposited with the Florida
18 Commercial Space Financing Corporation created by s. 331.407.
19 The funds of Space Florida the authority may be kept in or
20 removed from the State Treasury upon written notification from
21 the chair of the board to the Chief Financial Officer.
22 (3) The board may employ a fiscal agent, who shall be
23 either a resident of the state or a corporation organized
24 under the laws of this or any other state and authorized by
25 such laws to act as such fiscal agent in the state.
26 Section 10. Section 331.310, Florida Statutes, is
27 amended to read:
28 331.310 Powers and duties of the board of directors
29 supervisors.--Except as otherwise provided in this act, all of
30 the powers and duties of the authority shall be exercised by
31
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1 and through the board of supervisors, including the power and
2 duty to:
3 (1) The board has the power to: Adopt bylaws, rules,
4 resolutions, and orders prescribing the powers, duties, and
5 functions of the officers of the authority, the conduct of the
6 business of the authority, the maintenance of records, and the
7 form of all documents and records of the authority. The board
8 may adopt administrative rules and regulations with respect to
9 any of the projects of the authority, with notice and public
10 hearing.
11 (2) Maintain an executive office and authority offices
12 in close proximity to Kennedy Space Center.
13 (a)(3) Enter, and authorize any agent or employee of
14 Space Florida the authority to enter, upon any lands, waters,
15 and premises, upon giving reasonable notice and due process to
16 the land owner, for the purposes of making surveys, soundings,
17 drillings, appraisals, and examinations necessary to perform
18 its duties and functions. Any such entry shall not be deemed a
19 trespass or an entry that would constitute a taking in an
20 eminent domain proceeding. Space Florida The authority shall
21 make reimbursement for any actual damages to such lands,
22 waters, and premises as a result of such activity.
23 (b)(4) Execute all contracts and other documents,
24 adopt all proceedings, and perform all acts determined by the
25 board to be necessary or desirable to carry out the purposes
26 of this act. The board may authorize one or more members of
27 the board to execute contracts and other documents on behalf
28 of the board or Space Florida the authority.
29 (c)(5) Establish and create such departments,
30 committees, or other entities agencies as from time to time
31 the board may deem necessary or desirable in the performance
30
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1 of any acts or other things necessary to the exercise of the
2 powers provided in this act, and delegate to such departments,
3 boards, or other agencies such administrative duties and other
4 powers as the board may deem necessary or desirable.
5 (6) Appoint a person to act as executive director of
6 the authority, having such official title, functions, duties,
7 powers, and salary as the board may prescribe.
8 (d)(7) Examine, and authorize any officer or agent of
9 Space Florida the authority to examine, the county tax rolls
10 with respect to the assessed valuation of the real and
11 personal property within any spaceport territory.
12 (e)(8) Engage in the planning and implementation of
13 space-related economic and educational development within the
14 state.
15 (f) Provide the strategic direction for the
16 aerospace-related research priorities of the state and its
17 aerospace-related businesses, the scope of research projects
18 for Space Florida, and the timeframe for completion of the
19 projects.
20 (g)(9) Execute intergovernmental agreements and
21 development agreements consistent with prevailing statutory
22 provisions, including, but not limited to, special benefits or
23 tax increment financing initiatives.
24 (h)(10) Establish reserve funds for future board
25 operations.
26 (i)(11) Adopt rules pursuant to chapter 120 to carry
27 out the purposes of this act.
28 (2) The board of directors shall:
29 (a) Adopt bylaws, rules, resolutions, and orders
30 prescribing the powers, duties, and functions of Space Florida
31 to conduct the business of Space Florida, the maintenance of
31
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1 records, and the form of all documents and records of Space
2 Florida. The board may adopt rules with respect to any of the
3 projects of Space Florida with notice and a public hearing.
4 (b) Maintain a Space Florida office or offices in
5 locations that are strategically advantageous to creating or
6 expanding aerospace activities within the state.
7 (c) Appoint a person to act as the president of Space
8 Florida, having such official title, functions, duties,
9 powers, and salary as the board may prescribe.
10 (d)(12) Abide by all applicable federal labor laws in
11 the construction and day-to-day operations of Space Florida
12 the authority and any spaceport. Further, the board shall
13 establish, by rule and regulation, pursuant to chapter 120,
14 policies and procedures for the construction and operation of
15 Space Florida the authority and any spaceport. The Said
16 policies and procedures shall be such that when Space Florida
17 the authority expends federal funds for construction or
18 operation of any spaceport project, Space Florida the
19 authority will be subject to the federal labor laws observed
20 at the Kennedy Space Center and Cape Canaveral Air Force
21 Station, Florida, applicable as a result of such federal
22 expenditures.
23 (e)(13) Prepare an annual report of operations. The
24 Said report shall include, but not be limited to, a balance
25 sheet, an income statement, a statement of changes in
26 financial position, a reconciliation of changes in equity
27 accounts, a summary of significant accounting principles, the
28 auditor's report, a summary of the status of existing and
29 proposed bonding projects, comments from management about the
30 year's business, and prospects for the next year, which shall
31 be submitted each year by December 31 November 30 to the
32
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1 Governor, the President of the Senate, the Speaker of the
2 House of Representatives, the minority leader of the Senate,
3 and the minority leader of the House of Representatives.
4 (f) Establish a personnel management system for hiring
5 employees and establishing employee's benefit packages.
6 Personnel of Space Florida are not state employees.
7 (g) Establish procedures, rules, and rates governing
8 per diem and travel expenses of its employees, the members of
9 the board of directors, and other persons authorized by the
10 board to incur such expenses. Except as otherwise provided in
11 s. 331.3101, such rules are subject to the laws and rules
12 pertaining to per diem and travel expenses of public officers,
13 employees, or other persons authorized by an agency head to
14 incur such expenses.
15 (14) Change the name of the authority.
16 Section 11. Section 331.3101, Florida Statutes, is
17 amended to read:
18 331.3101 Space Florida Space Authority; travel and
19 entertainment expenses.--
20 (1) Notwithstanding the provisions of s. 112.061,
21 Space Florida the authority shall adopt rules by which it may
22 make expenditures by advancement or reimbursement, or a
23 combination thereof, to authority officers and employees;
24 reimburse business clients, guests, and authorized persons as
25 defined in s. 112.061(2)(e); and make direct payments to
26 third-party vendors:
27 (a) For travel expenses of such business clients,
28 guests, and authorized persons incurred by Space Florida the
29 authority in connection with the performance of its statutory
30 duties, and for travel expenses incurred by state officials
31 and state employees while accompanying such business clients,
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1 guests, or authorized persons or when authorized by the board
2 or its designee.
3 (b) For entertainment expenses of such guests,
4 business clients, and authorized persons incurred by Space
5 Florida the authority in connection with the performance of
6 its statutory duties, and for entertainment expenses incurred
7 for authority officials and employees when such expenses are
8 incurred while in the physical presence of such business
9 clients, guests, or authorized persons.
10 (2) The rules shall be subject to approval by the
11 Chief Financial Officer before prior to promulgation. The
12 rules shall require the submission of paid receipts, or other
13 proof prescribed by the Chief Financial Officer, with any
14 claim for reimbursement, and shall require, as a condition for
15 any advancement, an agreement to submit paid receipts or other
16 proof and to refund any unused portion of the advancement
17 within 15 days after the expense is incurred or, if the
18 advancement is made in connection with travel, within 15 days
19 after completion of the travel. However, with respect to an
20 advancement made solely for travel expenses, the rules may
21 allow paid receipts or other proof to be submitted, and any
22 unused portion of the advancement to be refunded, within 30
23 days after completion of the travel.
24 (3) An annual report shall be made to the Legislature
25 not later than December 31 November 30 of each year for the
26 previous fiscal year, which shall consist of a synopsis
27 concisely summarizing all travel, entertainment, and
28 incidental expenses incurred within the United States and,
29 separately, all travel, entertainment, and incidental expenses
30 incurred outside the United States.
31
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1 (4) A No claim submitted under this section is not
2 shall be required to be sworn to before a notary public or
3 other officer authorized to administer oaths, but any claim
4 authorized or required to be made under any provision of this
5 section must shall contain a statement that the expenses were
6 actually incurred as necessary travel or entertainment
7 expenses in the performance of official duties of Space
8 Florida the authority and shall be verified by written
9 declaration that it is true and correct as to every material
10 matter. Any person who willfully makes and subscribes to any
11 such claim which the person does not believe to be true and
12 correct as to every material matter or who willfully aids or
13 assists in, or procures, counsels, or advises, the preparation
14 or presentation of a claim pursuant to this section, which
15 claim is fraudulent or false as to any material matter,
16 whether or not such falsity or fraud is with the knowledge or
17 consent of the person authorized or required to present such
18 claim, commits a misdemeanor of the second degree, punishable
19 as provided in s. 775.082 or s. 775.083. Whoever receives an
20 advancement or reimbursement by means of a false claim is
21 civilly liable, in the amount of the overpayment, for the
22 reimbursement of the public fund from which the claim was
23 paid.
24 Section 12. Section 331.311, Florida Statutes, is
25 amended to read:
26 331.311 Exercise by authority of its powers within
27 municipalities and other political subdivisions.--Space
28 Florida may The authority shall have the power to exercise any
29 of its rights, powers, privileges, and authority in any and
30 all portions of any spaceport territory lying within the
31 boundaries of any municipal corporation or other political
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1 subdivision, heretofore or hereafter created or organized,
2 whose boundaries lie wholly or partly within the geographical
3 limits of the spaceport territory, to the same extent and in
4 the same manner as in areas of the spaceport territory not
5 incorporated as part of a municipality or other political
6 subdivision. With respect to any municipal corporation or
7 other political subdivision whose boundaries lie partly within
8 and partly without the geographical limits of the spaceport
9 territory, Space Florida may the authority shall have the
10 power to exercise its rights, powers, privileges, and
11 authority only within the portion of the such municipal
12 corporation or other political subdivision lying within the
13 boundaries of the spaceport territory.
14 Section 13. Section 331.312, Florida Statutes, is
15 amended to read:
16 331.312 Furnishing facilities and services within the
17 spaceport territory.--Space Florida may The authority shall
18 have the power to construct, develop, create, maintain, and
19 operate its projects within the geographical limits of the
20 spaceport territory, including any portions of the spaceport
21 territory located inside the boundaries of any incorporated
22 municipality or other political subdivision, and to offer,
23 supply, and furnish the facilities and services provided for
24 in this act to, and to establish and collect fees, rentals,
25 and other charges from, persons, public or private, within the
26 geographical limits of the spaceport territory and for the use
27 of Space Florida the authority itself.
28 Section 14. Section 331.313, Florida Statutes, is
29 amended to read:
30 331.313 Power of Space Florida the authority with
31 respect to roads.--Within the territorial limits of any
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1 spaceport territory, Space Florida may the authority has the
2 right to acquire, through purchase or interagency agreement,
3 or as otherwise provided in law, and to construct, control,
4 and maintain, roads deemed necessary by Space Florida the
5 authority and connections thereto and extensions thereof now
6 or hereafter acquired, constructed, or maintained in
7 accordance with established highway safety standards; provided
8 that, in the event a road being addressed by Space Florida the
9 authority is owned by another agency or jurisdiction, Space
10 Florida the authority, before prior to proceeding with the
11 proposed project or work activity, shall have either
12 coordinated the desired work with the owning agency or
13 jurisdiction or shall have successfully executed an
14 interagency agreement with the owning agency or jurisdiction.
15 Section 15. Section 331.315, Florida Statutes, is
16 amended to read:
17 331.315 Maintenance of projects across
18 rights-of-way.--Space Florida may The authority shall have the
19 right to construct and operate its projects in, along, or
20 under any streets, alleys, highways, or other public places or
21 ways, and across any drain, ditch, canal, floodway, holding
22 basin, excavation, railroad right-of-way, track, grade, fill,
23 or cut; provided, however, Space Florida shall pay that just
24 compensation, including fees, shall be paid by the authority
25 for any damages arising from or private property taken by the
26 exercise of such power.
27 Section 16. Section 331.316, Florida Statutes, is
28 amended to read:
29 331.316 Rates, fees, rentals, tolls, fares, and
30 charges; procedure for adoption and modification; minimum
31 revenue requirements.--
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1 (1) To recover the costs of the spaceport facility or
2 system, Space Florida may the authority shall have the power
3 to prescribe, fix, establish, and collect rates, fees,
4 rentals, tolls, fares, or other charges (hereinafter referred
5 to as "revenues"), and to revise the same from time to time,
6 for the facilities and services furnished or to be furnished
7 by Space Florida the authority and the spaceport, including,
8 but not limited to, launch pads, ranges, payload assembly and
9 processing facilities, visitor and tourist facilities,
10 transportation facilities, and parking and other related
11 facilities, and has shall have the power to provide for
12 reasonable penalties against any user or property for any such
13 rates, fees, rentals, tolls, fares, or other charges that are
14 delinquent.
15 (2) The board may shall have the power to enter into
16 contracts for the use of the projects of Space Florida the
17 authority and for the services and facilities furnished or to
18 be furnished by Space Florida the authority, including, but
19 not limited to, launch services, payload assembly and
20 processing, and other aerospace-related space-related
21 services, for such consideration and on such other terms and
22 conditions as the board may approve. Such contracts, and
23 revenues or service charges received or to be received by
24 Space Florida the authority thereunder, may be pledged as
25 security for any of the bonds of Space Florida the authority.
26 Section 17. Section 331.317, Florida Statutes, is
27 amended to read:
28 331.317 Recovery of delinquent charges.--In the event
29 that any of the rates, fees, rentals, tolls, fares, other
30 charges, or delinquent penalties shall not be paid as and when
31 due and shall be in default for 30 days or more, the unpaid
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1 balance thereof and all interest accrued thereon, together
2 with attorney's fees and costs, may be recovered by Space
3 Florida the authority in a civil action.
4 Section 18. Section 331.318, Florida Statutes, is
5 amended to read:
6 331.318 Discontinuance of service.--In the event that
7 the rates, fees, rentals, tolls, fares, or other charges for
8 the services and facilities of any project are not paid when
9 due, the board may shall have the power to discontinue and
10 shut off the same until such rates, fees, rentals, tolls,
11 fares, or other charges, including interest, penalties, and
12 charges for the shutting off and discontinuance and the
13 restoration of such services and facilities, are fully paid.
14 Such delinquent rates, fees, rentals, tolls, fares, or other
15 charges, together with interest, penalties, and charges for
16 the shutting off and discontinuance and the restoration of
17 such services and facilities, and reasonable attorney's fees
18 and other expenses, may be recovered by Space Florida the
19 authority by suit in any court of competent jurisdiction.
20 Space Florida The authority may also enforce payment of such
21 delinquent rates, fees, rentals, tolls, fares, or other
22 charges by any other lawful method of enforcement.
23 Section 19. Section 331.319, Florida Statutes, is
24 amended to read:
25 331.319 Comprehensive planning; building and safety
26 codes.--The board of directors may supervisors shall have the
27 power to:
28 (1) Adopt, and from time to time review, amend,
29 supplement, or repeal, a comprehensive general plan for the
30 physical development of the area within the spaceport
31 territory in accordance with the objectives and purposes of
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1 this act and consistent with the comprehensive plans of the
2 applicable county or counties and municipality or
3 municipalities adopted pursuant to the Local Government
4 Comprehensive Planning and Land Development Regulation Act,
5 part II of chapter 163.
6 (2) Prohibit within the spaceport territory the
7 construction, alteration, repair, removal, or demolition, or
8 the commencement of the construction, alteration, repair
9 (except emergency repairs), removal, or demolition, of any
10 building or structure, including, but not by way of
11 limitation, public utility poles, lines, pipes, and
12 facilities, without first obtaining a permit from the board or
13 such other officer or agency as the board may designate, and
14 to prescribe the procedure with respect to the obtaining of
15 such permit.
16 Section 20. Section 331.320, Florida Statutes, is
17 amended to read:
18 331.320 Additional powers of board.--The board of
19 directors may shall have the power within any spaceport
20 territory to:
21 (1) Adopt regulations to prohibit or control the
22 pollution of air and water, and require certain location and
23 placement of electrical power, telephone, and other utility
24 lines, cables, pipes, and ducts.
25 (2) Divide the spaceport territory into zones or
26 districts of such number, shape, and area as the board may
27 deem best suited to carry out the purposes of this act, and
28 within and for each such district make regulations and
29 restrictions as provided for in subsection (1).
30 Section 21. Section 331.321, Florida Statutes, is
31 amended to read:
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1 331.321 Federal and other funds and aid.--Space
2 Florida may The authority is authorized to accept, receive,
3 and receipt for federal moneys, property, and other moneys or
4 properties, either public or private, for the acquisition,
5 planning, operation, construction, enlargement, improvement,
6 maintenance, equipment, or development of programs,
7 facilities, and sites therefor, and to comply with the
8 provisions of the laws of the United States and any rules and
9 regulations made thereunder for the expenditure of federal
10 moneys.
11 Section 22. Section 331.322, Florida Statutes, is
12 amended to read:
13 331.322 Agreements with municipalities within any
14 spaceport territory.--The board of directors and the governing
15 body or bodies of any one or more municipalities located
16 wholly or partly within any spaceport territory, whether now
17 in existence or hereafter created, may are authorized to enter
18 into and carry into effect contracts and agreements relating
19 to the common powers, duties, and functions of the board and
20 other officers, agents, and employees of Space Florida the
21 authority, and the respective governing body or bodies of one
22 or more such municipalities, and their respective officers,
23 agents, and employees, to the end that there may be effective
24 cooperation between and coordination of the efforts of such
25 municipality or municipalities and Space Florida the authority
26 in discharging their common functions, powers, and duties and
27 in rendering services to the respective residents and property
28 owners of such municipality or municipalities and Space
29 Florida the authority. The board and the governing body or
30 bodies of one or more such municipalities are further
31 authorized to enter into and carry into effect contracts and
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1 agreements for the performance of any of their common
2 functions, powers, and duties by a central agency or common
3 agent of the contracting parties.
4 Section 23. Section 331.323, Florida Statutes, is
5 amended to read:
6 331.323 Cooperative agreements with the state,
7 counties, and municipalities.--
8 (1) The state and the counties, municipalities, and
9 other political subdivisions, public bodies, and agencies
10 thereof, or any of them, whether now existing or hereafter
11 created, are authorized to aid and cooperate with Space
12 Florida the authority in carrying out any of the purposes and
13 projects of Space Florida the authority, to enter into
14 cooperative agreements with Space Florida the authority, to
15 provide in any such cooperative agreement for the making of
16 loans, gifts, grants, or contributions to Space Florida the
17 authority and the granting and conveyance to Space Florida the
18 authority of real or personal property of any kind or nature,
19 or any interest therein, for the carrying out of the purpose
20 and projects of Space Florida the authority; to covenant in
21 any such cooperative agreement to pay all or any part of the
22 costs of acquisition, planning, development, construction,
23 reconstruction, extension, improvement, operation, and
24 maintenance of any projects of Space Florida the authority;
25 and to pay all or any part of the principal and interest on
26 any bonds of Space Florida the authority.
27 (2) The state and the counties, municipalities, and
28 other political subdivisions, public bodies, and agencies
29 thereof, or any of them, whether now existing or hereafter
30 created, and Space Florida the authority created by this act,
31 are further authorized to enter into cooperative agreements to
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1 provide for the furnishing by Space Florida the authority to
2 the state or any county, municipality, or other political
3 subdivision, public body, or agency thereof of any of the
4 facilities and services of Space Florida the authority, or by
5 the state or any county, municipality, or other political
6 subdivision, public body, or agency thereof to Space Florida
7 the authority and to persons within the spaceport territory of
8 facilities and services of the type that Space Florida the
9 authority is authorized to furnish or undertake, or such other
10 facilities and services as may be determined necessary or
11 desirable by the board for the carrying out of the purposes of
12 this act. Without limitation of the foregoing, such
13 cooperative agreements may provide for the furnishing by any
14 county, municipality, or other political subdivision of fire
15 and police protection for Space Florida the authority and
16 persons and property within Space Florida the authority, and
17 for the providing to Space Florida the authority of any
18 services deemed necessary or desirable by the board for the
19 proper functioning of Space Florida the authority.
20 (3) Without limitation of the foregoing, the board may
21 undertake and finance any of the projects of Space Florida the
22 authority, in whole or in part, jointly with any municipality
23 or municipalities, now existing or hereafter created, or in
24 any other manner combine the projects of Space Florida the
25 authority with the projects of such municipality or
26 municipalities.
27 (4) Any agreement of the type authorized by this
28 section may be made and entered into under pursuant to this
29 act for such time or times, not exceeding 40 years.
30 Section 24. Section 331.324, Florida Statutes, is
31 amended to read:
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1 331.324 Contracts, grants, and contributions.--Space
2 Florida may The authority shall have the power to make and
3 enter all contracts and agreements necessary or incidental to
4 the performance of the functions of Space Florida the
5 authority and the execution of its powers, and to contract
6 with, and to accept and receive grants or loans of money,
7 material, or property from, any person, private or public, as
8 the board shall determine to be necessary or desirable to
9 carry out the purposes of this act, and in connection with any
10 such contract, grant, or loan to stipulate and agree to such
11 covenants, terms, and conditions as the board shall deem
12 appropriate.
13 Section 25. Section 331.325, Florida Statutes, is
14 amended to read:
15 331.325 Environmental permits.--Space Florida The
16 authority shall obtain required environmental permits in
17 accordance with federal and state law and shall comply with
18 the provisions of chapter 380.
19 Section 26. Section 331.326, Florida Statutes, is
20 amended to read:
21 331.326 Information relating to trade secrets
22 confidential.--The records of Space Florida the authority
23 regarding matters encompassed by this act are public records
24 subject to the provisions of chapter 119. Any information held
25 by Space Florida the authority which is a trade secret, as
26 defined in s. 812.081, including trade secrets of Space
27 Florida the authority, any spaceport user, or the space
28 industry business, is confidential and exempt from the
29 provisions of s. 119.07(1) and s. 24(a), Art. I of the State
30 Constitution and may not be disclosed. If Space Florida the
31 authority determines that any information requested by the
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1 public will reveal a trade secret, it shall, in writing,
2 inform the person making the request of that determination.
3 The determination is a final order as defined in s. 120.52.
4 Any meeting or portion of a meeting of Space Florida's the
5 authority's board of supervisors is exempt from the provisions
6 of s. 286.011 and s. 24(b), Art. I of the State Constitution
7 when the board is discussing trade secrets. Any public record
8 generated during the closed portions of the such meetings,
9 such as minutes, tape recordings, and notes, is confidential
10 and exempt from the provisions of s. 119.07(1) and s. 24(a),
11 Art. I of the State Constitution.
12 Section 27. Section 331.327, Florida Statutes, is
13 amended to read:
14 331.327 Foreign trade zone.--Space Florida may The
15 authority shall have the power to apply to the Federal
16 Government for a grant allowing the designation of any
17 spaceport territory as a foreign trade zone pursuant to ss.
18 288.36 and 288.37. However, the designation of any spaceport
19 territory as a foreign trade zone does shall not be deemed to
20 authorize an exemption from any tax imposed by the state or by
21 any political subdivision, agency, or instrumentality thereof.
22 Section 28. Section 331.328, Florida Statutes, is
23 amended to read:
24 331.328 Sovereign immunity.--Space Florida The
25 authority shall be granted sovereign immunity in the same
26 manner as the state under the laws and Constitution of the
27 State of Florida. The state, by this section, hereby waives
28 the sovereign immunity granted to the same extent as waived by
29 the state under state law.
30 Section 29. Section 331.329, Florida Statutes, is
31 amended to read:
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1 331.329 Changing boundary lines; annexation and
2 exclusion of lands; creation of municipalities within the
3 geographical limits of any spaceport territory; limitations on
4 the furnishing of services within annexed areas.--
5 (1) The board of directors may at any time strike out
6 or correct the description of any land within or claimed to be
7 within the boundary lines of any spaceport territory upon the
8 written consent of the owners of all the land that would be
9 included or excluded from the boundary lines of any spaceport
10 territory or otherwise affected by the taking of such action,
11 and of the owners of not less than the majority in acreage of
12 all lands within any spaceport territory.
13 (a) The board may enlarge the geographical limits of
14 any spaceport territory to include any lands not then within
15 any spaceport territory:
16 1. Upon the written consent of the owners of all the
17 land to be included in any spaceport territory and of the
18 owners of not less than a majority in acreage of all the land
19 then within any spaceport territory; or
20 2. By resolution of the board approved at a special
21 election called for such purpose, by vote of a majority of
22 freeholders residing within the area to be annexed and a
23 majority of freeholders residing within any spaceport
24 territory.
25 (b) The board of directors may contract the
26 geographical limits of any spaceport territory so as to
27 exclude from any spaceport territory any land then within any
28 spaceport territory:
29 1. Upon the written consent of the owners of all the
30 land to be so excluded and of the owners of not less than a
31
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1 majority in acreage of all the land then within any spaceport
2 territory; or
3 2. By resolution of the board approved at a special
4 election called for such purpose, by vote of a majority of
5 freeholders residing within the area to be excluded and a
6 majority of the freeholders residing within any spaceport
7 territory.
8 (2) Land, including property situated thereon, added
9 to any spaceport territory in the manner provided in
10 subsection (1) shall from the time of its inclusion within
11 such spaceport territory be subject to all assessments
12 thereafter levied and assessed on all other land or property
13 of any spaceport territory similarly situated. Land, including
14 property situated thereon, excluded from any spaceport
15 territory in the manner provided in subsection (1) shall from
16 the date of such exclusion be exempt from assessments
17 thereafter imposed by Space Florida the authority but shall
18 not be exempt from assessments theretofore levied or due with
19 respect to such land or property, or from subsequent
20 installments of assessments theretofore levied or assessed
21 with respect thereto, and such assessments may be enforced and
22 collected by or on behalf of Space Florida the authority in
23 the same manner as if such land or property continued to be
24 within the geographical limits of any spaceport territory.
25 (3) In the event that the geographical limits of any
26 spaceport territory as set forth in s. 331.304 are revised so
27 as to include within any spaceport territory any areas not
28 presently contained within any spaceport territory, Space
29 Florida may the authority shall not engage in the business of
30 furnishing electric power for sale in such annexed area,
31 unless Space Florida the authority shall offer to purchase
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1 from any person who is at the time engaged in the business of
2 making, generating, or distributing electricity for sale
3 within such annexed area, such portion of its electric plant
4 and property suitable and used for such business in connection
5 therewith as lies within the limits of such annexed area, in a
6 manner consistent with law.
7 (4) Space Florida The authority shall designate new
8 launch pads outside the present designated spaceport
9 territories by statutory amendment of s. 331.304.
10 Section 30. Section 331.331, Florida Statutes, is
11 amended to read:
12 331.331 Revenue bonds.--
13 (1) Revenue bonds issued by Space Florida the
14 authority shall not be deemed revenue bonds issued by the
15 state or its agencies for purposes of s. 11, Art. VII of the
16 State Constitution and ss. 215.57-215.83. Space Florida The
17 authority shall include in its annual report to the Governor
18 and Legislature, as provided in s. 331.310, a summary of the
19 status of existing and proposed bonding projects.
20 (2) The issuance of revenue bonds may be secured by or
21 payable from the gross or net pledge of the revenues to be
22 derived from any project or combination of projects, from the
23 rates, fees, rentals, tolls, fares, or other charges to be
24 collected from the users of any project or projects; from any
25 revenue-producing undertaking or activity of Space Florida the
26 authority; or from any source of pledged security. Such bonds
27 shall not constitute an indebtedness of Space Florida the
28 authority unless such bonds are additionally secured by the
29 full faith and credit of Space Florida the authority. Bonds
30 issued by Space Florida the authority are not secured by the
31
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1 full faith and credit of the State of Florida and do not
2 constitute an obligation, either general or special, thereof.
3 (3) Any two or more projects may be combined and
4 consolidated into a single project, and may thereafter be
5 operated and maintained as a single project. The revenue bonds
6 authorized herein may be issued to finance any one or more
7 such projects separately, or to finance two or more such
8 projects, regardless whether or not such projects have been
9 combined and consolidated into a single project. If the board
10 deems it advisable, the proceedings authorizing such revenue
11 bonds may provide that Space Florida the authority may
12 thereafter combine the projects then being financed or
13 theretofore financed with other projects to be subsequently
14 financed by Space Florida the authority shall be on a parity
15 with the revenue bonds then being issued, all on such terms,
16 conditions, and limitations as shall be provided, and may
17 further provide that the revenues to be derived from the
18 subsequent projects shall at the time of the issuance of such
19 parity revenue bonds be also pledged to the holders of any
20 revenue bonds theretofore issued to finance the revenue
21 undertakings which are later combined with such subsequent
22 projects. Space Florida The authority may pledge for the
23 security of the revenue bonds a fixed amount, without regard
24 to any fixed proportion of the gross revenues of any project.
25 Section 31. Section 331.333, Florida Statutes, is
26 amended to read:
27 331.333 Refunding bonds.--Space Florida The authority
28 through its board may shall have the power to issue bonds to
29 provide for the retirement or refunding of any bonds or
30 obligations of Space Florida the authority that at the time of
31 such issuance are or subsequently thereto become due and
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1 payable, or that at the time of issuance have been called or
2 are or will be subject to call for redemption within 10 years
3 thereafter, or the surrender of which can be procured from the
4 holders thereof at prices satisfactory to the board. Refunding
5 bonds may be issued at any time when in the judgment of the
6 board such issuance will be advantageous to Space Florida the
7 authority. The provisions of this act pertaining to bonds of
8 Space Florida the authority shall, unless the context
9 otherwise requires, govern the issuance of refunding bonds,
10 the form and other details thereof, the rights of the holders
11 thereof, and the duties of the board with respect to the same.
12 Section 32. Section 331.334, Florida Statutes, is
13 amended to read:
14 331.334 Pledging assessments and other revenues and
15 properties as additional security on bonds.--Space Florida The
16 authority may pledge as additional security for the payment of
17 any of the bonds of Space Florida the authority its full faith
18 and credit, and provide that such bonds shall be payable as to
19 both principal and interest, and as to any reserve or other
20 funds provided therefor, to the full extent that any revenues
21 as defined in this act, assessments, or other funds, or any
22 combination thereof, pledged therefor are insufficient for the
23 full payment of the same, and provided further that no bonds
24 shall be issued to the payment of which the full faith and
25 credit of Space Florida the authority is pledged unless
26 approved at an election in the manner provided by law. Space
27 Florida The authority by resolution of the board may also
28 pledge as additional security for said bonds the revenues from
29 any project of Space Florida the authority, utility service,
30 assessments, and any other sources of revenue or funds, or any
31 combination of the foregoing, and may pledge or mortgage any
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1 of the properties, rights, interest, or other assets of Space
2 Florida the authority. Bonds issued by Space Florida the
3 authority are not secured by the full faith and credit of the
4 State of Florida and do not constitute an obligation, either
5 general or special, thereof. The board may also provide with
6 respect to any bonds of Space Florida the authority that such
7 bonds shall be payable, in whole or in part, as to principal
8 amount or interest, or both, out of rates, fees, rentals,
9 tolls, fares, or other charges collected with respect to any
10 of the projects of Space Florida the authority.
11 Section 33. Section 331.335, Florida Statutes, is
12 amended to read:
13 331.335 Lien of pledges.--All pledges of revenues and
14 assessments made pursuant to the provisions of this act shall
15 be valid and binding from the time when such pledges are made.
16 All such revenues and assessments so pledged and thereafter
17 collected shall immediately be subject to the lien of such
18 pledges without any physical delivery thereof or further
19 action, and the lien of such pledges shall be valid and
20 binding as against all parties having claims of any kind in
21 tort, contract, or otherwise against Space Florida the
22 authority, irrespective of whether such parties have notice
23 thereof.
24 Section 34. Section 331.336, Florida Statutes, is
25 amended to read:
26 331.336 Issuance of bond anticipation notes.--In
27 addition to the other powers provided for in this act and not
28 in limitation thereof, Space Florida may the authority shall
29 have the power, at any time from time to time after the
30 issuance of any bonds of Space Florida the authority shall
31 have been authorized, to borrow money for the purposes for
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1 which such bonds are to be issued in anticipation of the
2 receipt of the proceeds of the sale of such bonds and to issue
3 bond anticipation notes in a principal amount not in excess of
4 the authorized maximum amount of such bond issue. Such notes
5 shall be in such denomination or denominations, bear interest
6 at such rate or rates, mature at such time or times, be
7 renewable for such additional term or terms, and be in such
8 form and executed in such manner as the board shall prescribe.
9 Such notes may be sold at public sale, or if such notes shall
10 be renewable notes, may be exchanged for notes then
11 outstanding on such terms as the board shall determine. Such
12 notes shall be paid from the proceeds of such bonds when
13 issued. The board may in its discretion, in lieu of retiring
14 the notes by means of bonds, retire them by means of current
15 revenues or from any assessments levied for the payment of
16 such bonds, but in such event a like amount of the bonds
17 authorized shall not be issued.
18 Section 35. Section 331.337, Florida Statutes, is
19 amended to read:
20 331.337 Short-term borrowing.--Space Florida The
21 authority at any time may obtain loans, in such amount and on
22 such terms and conditions as the board may approve, for the
23 purpose of paying any of the expenses of Space Florida the
24 authority or any costs incurred or that may be incurred in
25 connection with any of the projects of Space Florida the
26 authority, which loans shall have such term or terms, be
27 renewable for such term or terms, bear interest at such rate
28 or rates, and be payable from and secured by a pledge of such
29 funds, revenues, and assessments as the board may determine.
30 For the purpose of defraying such costs and expenses, Space
31 Florida the authority may issue negotiable notes, warrants, or
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1 other evidences of debt signed on behalf of Space Florida the
2 authority by any one of the board, such notes or other
3 evidences of indebtedness to be payable at such time or times,
4 to bear interest at such rate or rates, and to be sold or
5 discounted at such price or prices and on such term or terms
6 as the board may deem advisable. The board may shall have the
7 right to provide for the payment thereof by pledging the whole
8 or any part of the funds, revenues, and assessments of Space
9 Florida the authority.
10 Section 36. Section 331.338, Florida Statutes, is
11 amended to read:
12 331.338 Trust agreements.--In the discretion of the
13 board, any issue of bonds may be secured by a trust agreement
14 by and between Space Florida the authority and a corporate
15 trustee which may be any trust company or bank having the
16 powers of a trust company within or without the state. The
17 resolution authorizing the issuance of the bonds or such trust
18 agreement may pledge the revenues to be received from any
19 projects of Space Florida the authority and any other
20 authorized moneys to be used for the repayment of bonds, and
21 may contain such provisions for protecting and enforcing the
22 rights and remedies of the bondholders as the board may
23 approve, including without limitation covenants setting forth
24 the duties of Space Florida the authority in relation to the
25 acquisition, planning, development, construction,
26 reconstruction, improvement, maintenance, repair, operation,
27 and insurance of any projects, the fixing and revision of the
28 rates, fees, rentals, tolls, fares, and charges, and the
29 custody, safeguarding, and application of all moneys, and for
30 the employment of consulting engineers in connection with such
31 acquisition, planning, development, construction,
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1 reconstruction, improvement, maintenance, repair, or
2 operation. It shall be lawful for any bank or trust company
3 incorporated under the laws of the state or the United States
4 which may act as a depository of the proceeds of bonds or of
5 revenues to furnish such indemnifying bonds or to pledge such
6 securities as may be required by Space Florida the authority.
7 Such resolution or trust agreement may set forth the rights
8 and remedies of the bondholders and of the trustee, if any,
9 and may restrict the individual right of action by
10 bondholders. The board may provide for the payment of the
11 proceeds of the sale of the bonds and the revenues of any
12 project to such officer, board, or depository as it may
13 designate for the custody thereof, and for the method of
14 disbursement thereof, with such safeguards and restrictions as
15 it may determine. All expenses incurred in carrying out the
16 provisions of such resolution or trust agreement may be
17 treated as part of the cost of the project to which such trust
18 agreement pertains.
19 Section 37. Section 331.339, Florida Statutes, is
20 amended to read:
21 331.339 Sale of bonds.--Bonds may be sold in blocks or
22 installments at different times, or an entire issue or series
23 may be sold at one time. Bonds may only be sold at public sale
24 after being advertised and publicly noticed, unless Space
25 Florida the authority has previously complied with the
26 provisions of s. 218.385. Bonds may be sold or exchanged for
27 refunding bonds. Special assessment and revenue bonds may be
28 delivered as payment by Space Florida the authority of the
29 purchase price or lease of any project or part thereof, or a
30 combination of projects or parts thereof, or as the purchase
31 price of, or exchange for, any property, real, personal, or
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1 mixed, including franchises, or services rendered by any
2 contractor, engineer, or other person, all at one time or in
3 blocks from time to time, in such manner and upon such terms
4 as the board in its discretion shall determine. The price or
5 prices for any bonds sold, exchanged, or delivered may be:
6 (1) The money paid for the bonds.
7 (2) The principal amount, plus accrued interest to
8 date of redemption or exchange, of outstanding obligations
9 exchanged for refunding bonds.
10 (3) In the case of special assessment or revenue
11 bonds, the amount of any indebtedness to contractors or other
12 persons paid with such bonds, or the fair value of any
13 properties exchanged for the bonds, as determined by the
14 board.
15 Section 38. Section 331.340, Florida Statutes, is
16 amended to read:
17 331.340 Authorization and form of bonds.--Bonds may be
18 authorized by resolution or resolutions of the board which
19 shall be adopted by a majority of all of the members thereof
20 then in office and present at the meeting at which the
21 resolution or resolutions are adopted and shall be approved as
22 provided in s. 331.305. The resolution or resolutions of the
23 board may be adopted at the same meeting at which they are
24 introduced, and shall be published and noticed. The board may
25 by resolution authorize the issuance of bonds, fix the
26 aggregate amount of bonds to be issued, the purpose or
27 purposes for which the moneys derived therefrom shall be
28 expanded, the rate or rates of interest, the denomination of
29 the bonds, whether or not the bonds are to be issued in one or
30 more series, the date or dates thereof, the date or dates of
31 maturity, which shall not exceed 40 years from their
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1 respective dates of issuance, the medium of payment, the place
2 or places within or without the state where payment shall be
3 made, registration privileges, redemption terms and privileges
4 (whether with or without premium), the manner of execution,
5 the form of the bonds including any interest coupons to be
6 attached thereto, the manner of execution of bonds and
7 coupons, and any and all other terms, covenants, and
8 conditions thereof, and the establishment of reserve or other
9 funds. Such authorizing resolution may further provide that
10 such bonds may be executed manually or by engraved,
11 lithographed, or facsimile signature, provided that where
12 signatures are engraved, lithographed, or facsimile no bond
13 shall be valid unless countersigned by a registrar or other
14 officer designated by appropriate resolution of the board. The
15 seal of Space Florida the authority may be affixed,
16 lithographed, engraved, or otherwise reproduced in facsimile
17 on such bonds. In case any officer whose signature or a
18 facsimile of whose signature shall appear on any bonds or
19 coupons shall cease to be such officer before the delivery of
20 such bonds, such signature or facsimile shall nevertheless be
21 valid and sufficient for all purposes the same as if the
22 officer had remained in office until such delivery.
23 Section 39. Section 331.343, Florida Statutes, is
24 amended to read:
25 331.343 Defeasance.--The board may make such provision
26 with respect to the defeasance of the right, title, and
27 interest of the holders of any of the bonds and obligations of
28 Space Florida the authority in any revenues, funds, or other
29 properties by which such bonds are secured as the board deems
30 appropriate and, without limitation on the foregoing, may
31 provide that when such bonds or obligations become due and
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1 payable or shall have been called for redemption, and the
2 whole amount of the principal and the interest and premium, if
3 any, due and payable upon the bonds or obligations when
4 outstanding shall be paid, or sufficient moneys or direct
5 obligations of the United States Government the principal of
6 and the interest on which when due will provide sufficient
7 moneys, shall be held or deposited in trust for such purpose,
8 and provision shall also be made for paying all other sums
9 payable in connection with such bonds or other obligations,
10 then and in such event the right, title, and interest of the
11 holders of the bonds in any revenues, funds, or other
12 properties by which such bonds are secured shall thereupon
13 cease, terminate, and become void; and the board may apply any
14 surplus in any sinking fund established in connection with
15 such bonds or obligations and all balances remaining in all
16 other funds or accounts other than money held for the
17 redemption or payment of the bonds or other obligations to any
18 lawful purpose of Space Florida the authority as the board
19 shall determine.
20 Section 40. Section 331.345, Florida Statutes, is
21 amended to read:
22 331.345 Covenants.--Any resolution authorizing the
23 issuance of bonds may contain such covenants as the board may
24 deem advisable and all such covenants shall constitute valid
25 and legally binding and enforceable contracts between Space
26 Florida the authority and the bondholders, regardless of the
27 time of issuance thereof. Such covenants may include, without
28 limitation, covenants concerning the disposition of the bond
29 proceeds, the use and disposition of project revenues, the
30 pledging of revenues, and assessments, the obligations of
31 Space Florida the authority with respect to the operation of
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1 the project and the maintenance of adequate project revenues,
2 the issuance of additional bonds, the appointment, powers, and
3 duties of trustees and receivers, the acquisition of
4 outstanding bonds and obligations, restrictions on the
5 establishing of competing projects or facilities, restrictions
6 on the sale or disposal of the assets and property of Space
7 Florida the authority, the priority of assessment liens, the
8 priority of claims by bondholders on the taxing power of Space
9 Florida the authority, the maintenance of deposits to assure
10 the payment of revenues by users of spaceport facilities and
11 services, the discontinuance of authority services by reason
12 of delinquent payments, acceleration upon default, the
13 execution of necessary instruments, the procedure for amending
14 or abrogating covenants with the bondholders, and such other
15 covenants as may be deemed necessary or desirable for the
16 security of the bondholders.
17 Section 41. Section 331.346, Florida Statutes, is
18 amended to read:
19 331.346 Validity of bonds; validation
20 proceedings.--Any bonds issued by Space Florida the authority
21 shall be incontestable in the hands of bona fide purchasers or
22 holders for value and shall not be invalid because of any
23 irregularity or defect in the proceedings for the issue and
24 sale thereof. Prior to the issuance of any bonds, Space
25 Florida the authority shall publish a notice at least once in
26 a newspaper or newspapers published or of general circulation
27 in the appropriate counties in the state, stating the date of
28 adoption of the resolution authorizing such obligations, the
29 amount, maximum rate of interest, and maturity of such
30 obligations, and the purpose in general terms for which such
31 obligations are to be issued, and further stating that no
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1 action or proceeding questioning the validity of such
2 obligations or of the proceedings authorizing the issuance
3 thereof, or of any covenants made therein, must be instituted
4 within 20 days after the first publication of such notice, or
5 the validity of such obligations, proceedings, and covenants
6 shall not be thereafter questioned in any court whatsoever. If
7 no such action or proceeding is so instituted within such
8 20-day period, then the validity of such obligations,
9 proceedings, and covenants shall be conclusive, and all
10 persons or parties whatsoever shall be forever barred from
11 questioning the validity of such obligations, proceedings, or
12 covenants in any court whatsoever.
13 Section 42. Section 331.347, Florida Statutes, is
14 amended to read:
15 331.347 Act furnishes full authority for issuance of
16 bonds.--This act constitutes full and complete authority for
17 the issuance of bonds and the exercise of the powers of Space
18 Florida the authority provided herein. Any and all bonds
19 issued by Space Florida the authority shall not be secured by
20 the full faith and credit of the State of Florida and do not
21 constitute an obligation, either general or special, thereof.
22 Section 43. Section 331.348, Florida Statutes, is
23 amended to read:
24 331.348 Investment of funds.--The board may in its
25 discretion invest funds of Space Florida the authority through
26 the Chief Financial Officer or in:
27 (1) Direct obligations of or obligations guaranteed by
28 the United States or for the payment of the principal and
29 interest of which the faith and credit of the United States is
30 pledged;
31
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1 (2) Bonds or notes issued by any of the following
2 federal agencies: Bank for Cooperatives; federal intermediate
3 credit banks; federal home loan bank system; federal land
4 banks; or the Federal National Mortgage Association (including
5 debentures or participating certificates issued by such
6 association);
7 (3) Public housing bonds issued by public housing
8 authorities and secured by a pledge or annual contributions
9 under an annual contribution contract or contracts with the
10 United States;
11 (4) Bonds or other interest-bearing obligations of any
12 county, district, city, or town located in the state for which
13 the full faith and credit of such political subdivision is
14 pledged;
15 (5) Any investment authorized for insurers by ss.
16 625.306-625.316 and amendments thereto; or
17 (6) Any investment authorized under s. 17.57 and
18 amendments thereto.
19 Section 44. Section 331.349, Florida Statutes, is
20 amended to read:
21 331.349 Fiscal year of Space Florida the
22 authority.--The board may has the power to establish and from
23 time to time redetermine the fiscal year of Space Florida the
24 authority. Unless the board otherwise provides, Space
25 Florida's the authority's fiscal year shall be July 1 through
26 June 30.
27 Section 45. Section 331.350, Florida Statutes, is
28 amended to read:
29 331.350 Insurance coverage of Space Florida the
30 authority; safety program.--
31
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1 (1) Notwithstanding any other provision of law, the
2 State Risk Management Trust Fund established under s. 284.30
3 may shall not insure buildings and property owned or leased by
4 Space Florida the authority.
5 (2) Notwithstanding any other provision of law, the
6 State Risk Management Trust Fund established under s. 284.30
7 may shall not insure against any liability of Space Florida
8 the authority.
9 (3) Space Florida The authority shall establish a
10 safety program. The safety program shall include:
11 (a) The development and implementation of a loss
12 prevention program which shall consist of a comprehensive
13 authority wide safety program, including a statement,
14 established by the board of directors supervisors, of safety
15 policy and responsibility.
16 (b) Provision for regular and periodic facility and
17 equipment inspections.
18 (c) Investigation of job-related employee accidents
19 and other accidents occurring on the premises of Space Florida
20 the authority or within areas of its jurisdiction.
21 (d) Establishment of a program to promote increased
22 safety awareness among employees, agents, and subcontractors
23 of Space Florida the authority.
24 (4)(a) Space Florida The authority shall, if
25 available, secure insurance coverage within reasonable limits
26 for liability which may arise as a consequence of its
27 responsibilities.
28 (b) Space Florida The authority shall, if available,
29 and if cost-effective, secure insurance coverage on its
30 buildings, facilities, and property at reasonable levels.
31
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1 (c) Space Florida The authority, with respect to the
2 purchase of insurance, shall be subject to the applicable
3 provisions of chapter 287 and other applicable law.
4 Section 46. Section 331.351, Florida Statutes, is
5 amended to read:
6 331.351 Participation by women, minorities, and
7 socially and economically disadvantaged business enterprises
8 encouraged.--It is the intent of the Legislature and the
9 public policy of this state that women, minorities, and
10 socially and economically disadvantaged business enterprises
11 be encouraged to participate fully in all phases of economic
12 and community development. Accordingly, to achieve such
13 purpose, Space Florida the authority shall, in accordance with
14 applicable state and federal law, involve and utilize women,
15 minorities, and socially and economically disadvantaged
16 business enterprises in all phases of the design, development,
17 construction, maintenance, and operation of spaceports
18 developed under this act.
19 Section 47. Section 331.354, Florida Statutes, is
20 amended to read:
21 331.354 Tax exemption.--The exercise of the powers
22 granted by this act in all respects shall be for the benefit
23 of the people of the state, for the increase of their industry
24 and prosperity, for the improvement of their health and living
25 conditions, and for the provision of gainful employment and
26 shall constitute the performance of essential public
27 functions. Space Florida is The authority shall not be
28 required to pay any taxes on any project or any other property
29 owned by Space Florida the authority under the provisions of
30 this act or upon the income therefrom. The bonds issued under
31 the provisions of this act or upon the income therefrom
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1 (including any profit made on the sale thereof), and all
2 notes, mortgages, security agreements, letters of credit, or
3 other instruments which arise out of or are given to secure
4 the repayment of bonds issued in connection with a project
5 financed under this act, shall at all times be free from
6 taxation by the state or any local unit, political
7 subdivision, or other instrumentality of the state. Nothing in
8 This section, however, does not exempt shall be construed as
9 exempting from taxation or assessments the leasehold interest
10 of a lessee in any project or any other property or interest
11 owned by the lessee. The exemption granted by this section is
12 shall not be applicable to any tax imposed by chapter 220 on
13 interest, income, or profits on debt obligations owned by
14 corporations.
15 Section 48. Section 331.355, Florida Statutes, is
16 amended to read:
17 331.355 Use of name; ownership rights to intellectual
18 property.--
19 (1)(a) The corporate name of a corporation
20 incorporated or authorized to transact business in this state,
21 or the name of any person or business entity transacting
22 business in this state, may not use the words "Florida Space
23 Authority," "Florida Aerospace Finance Corporation," "Florida
24 Space Research Institute," "spaceport Florida," or "Florida
25 spaceport" in its name unless Space Florida the authority
26 gives written approval for such use.
27 (b) The Department of State may dissolve, pursuant to
28 s. 607.1421, any corporation that violates paragraph (a).
29 (2) Notwithstanding any provision of chapter 286, the
30 legal title and every right, interest, claim, or demand of any
31 kind in and to any patent, trademark, copyright, certification
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1 mark, or other right acquired under the patent and trademark
2 laws of the United States or this state or any foreign
3 country, or the application for the same, as is owned or held,
4 acquired, or developed by Space Florida the authority, under
5 the authority and directions given it by this part, is vested
6 in Space Florida the authority for the use, benefit, and
7 purposes provided in this part. Space Florida The authority is
8 vested with and is authorized to exercise any and all of the
9 normal incidents of such ownership, including the receipt and
10 disposition of royalties. Any sums received as royalties from
11 any such rights are hereby appropriated to Space Florida the
12 authority for any and all of the purposes and uses provided in
13 this part.
14 Section 49. Section 331.360, Florida Statutes, is
15 amended to read:
16 331.360 Joint project agreement or assistance;
17 spaceport master plan.--
18 (1) It shall be the duty, function, and responsibility
19 of the Department of Transportation to promote the further
20 development and improvement of aerospace transportation
21 facilities; to address intermodal requirements and impacts of
22 the launch ranges, spaceports, and other space transportation
23 facilities; to assist in the development of joint-use
24 facilities and technology that support aviation and aerospace
25 operations; and to facilitate and promote cooperative efforts
26 between federal and state government entities to improve space
27 transportation capacity and efficiency. In carrying out this
28 duty and responsibility, the department may assist and advise,
29 cooperate with, and coordinate with federal, state, local, or
30 private organizations and individuals. The department may
31
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1 administratively house its space transportation
2 responsibilities within an existing division or office.
3 (2) Notwithstanding any other provision of law, the
4 Department of Transportation may enter into a joint project
5 agreement with, or otherwise assist, the Florida Space Florida
6 Authority as necessary to effectuate the provisions of this
7 chapter and may allocate funds for such purposes in its 5-year
8 work program. However, the department may not fund the
9 administrative or operational costs of Space Florida the
10 authority.
11 (3) Space Florida The authority shall develop a
12 spaceport master plan for expansion and modernization of space
13 transportation facilities within spaceport territories as
14 defined in s. 331.303(22) s. 331.303(23). The plan shall
15 contain recommended projects to meet current and future
16 commercial, national, and state space transportation
17 requirements. Space Florida The authority shall submit the
18 plan to any appropriate metropolitan planning organization
19 M.P.O. for review of intermodal impacts. Space Florida The
20 authority shall submit the spaceport master plan to the
21 Department of Transportation, and such plan may be included
22 within the department's 5-year work program of qualifying
23 aerospace discretionary capacity improvement under subsection
24 (4). The plan shall identify appropriate funding levels and
25 include recommendations on appropriate sources of revenue that
26 may be developed to contribute to the State Transportation
27 Trust Fund.
28 (4) Subject to the availability of appropriated funds,
29 the department may participate in the capital cost of eligible
30 spaceport discretionary capacity improvement projects. The
31 annual legislative budget request shall be based on the
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1 proposed funding requested for approved spaceport
2 discretionary capacity improvement projects.
3 Section 50. Section 331.369, Florida Statutes, is
4 amended to read:
5 331.369 Space Industry Workforce Initiative.--
6 (1) The Legislature finds that the aerospace space
7 industry is critical to the economic future of the state and
8 that the competitiveness of the industry in the state depends
9 upon the development and maintenance of a qualified workforce.
10 The Legislature further finds that the aerospace space
11 industry in this state has diverse and complex workforce
12 needs, including, but not limited to, the need for qualified
13 entry-level workers, the need to upgrade the skills of
14 technician-level incumbent workers, and the need to ensure
15 continuing education opportunities for workers with advanced
16 educational degrees. It is the intent of the Legislature to
17 support programs designed to address the workforce development
18 needs of the aerospace space industry in this state.
19 (2) The Workforce Development Board of Enterprise
20 Florida, Inc., or it successor entity, shall coordinate
21 development of a Space Industry Workforce Initiative in
22 partnership with Space Florida, the Florida Space Research
23 Institute, the institute's consortium of public and private
24 universities, community colleges, and other training providers
25 approved by the board. The purpose of the initiative is to use
26 or revise existing programs and to develop innovative new
27 programs to address the workforce needs of the aerospace space
28 industry.
29 (3) The initiative shall emphasize:
30 (a) Curricula content and timeframes developed with
31 industry participation and endorsed by the industry;
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1 (b) Programs that certify persons completing training
2 as meeting industry-approved standards or competencies;
3 (c) Use of distance-learning and computer-based
4 training modules as appropriate and feasible;
5 (d) Industry solicitation of public and private
6 universities to develop continuing education programs at the
7 master's and doctoral levels;
8 (e) Agreements with the National Aeronautics and Space
9 Administration to replicate on a national level successful
10 training programs developed through the initiative; and
11 (f) Leveraging of state and federal workforce funds.
12 (4) The Workforce Development Board of Enterprise
13 Florida, Inc., or its successor entity, with the assistance of
14 Space Florida the Florida Space Research Institute, shall
15 convene representatives from the aerospace space industry to
16 identify the priority training and education needs of the
17 industry and to appoint a team to design programs to meet the
18 such priority needs.
19 (5) The Workforce Development Board of Enterprise
20 Florida, Inc., or its successor entity, as part of its
21 statutorily prescribed annual report to the Legislature, shall
22 provide recommendations for policies, programs, and funding to
23 enhance the workforce needs of the aerospace space industry.
24 Section 51. Paragraph (g) of subsection (2) of section
25 14.2015, Florida Statutes, is amended to read:
26 14.2015 Office of Tourism, Trade, and Economic
27 Development; creation; powers and duties.--
28 (2) The purpose of the Office of Tourism, Trade, and
29 Economic Development is to assist the Governor in working with
30 the Legislature, state agencies, business leaders, and
31 economic development professionals to formulate and implement
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1 coherent and consistent policies and strategies designed to
2 provide economic opportunities for all Floridians. To
3 accomplish such purposes, the Office of Tourism, Trade, and
4 Economic Development shall:
5 (g) Serve as contract administrator for the state with
6 respect to contracts with Enterprise Florida, Inc., the
7 Florida Commission on Tourism, Space Florida, and all
8 direct-support organizations under this act, excluding those
9 relating to tourism. To accomplish the provisions of this act
10 and applicable provisions of chapter 288, and notwithstanding
11 the provisions of part I of chapter 287, the office shall
12 enter into specific contracts with Enterprise Florida, Inc.,
13 the Florida Commission on Tourism, and other appropriate
14 direct-support organizations. Such contracts may be multiyear
15 and shall include specific performance measures for each year.
16 Section 52. Section 74.011, Florida Statutes, is
17 amended to read:
18 74.011 Scope.--In any eminent domain action, properly
19 instituted by and in the name of the state; the Department of
20 Transportation; any county, school board, municipality,
21 expressway authority, regional water supply authority,
22 transportation authority, flood control district, or drainage
23 or subdrainage district; the ship canal authority; any
24 lawfully constituted housing, port, or aviation authority; the
25 Florida Space Authority; or any rural electric cooperative,
26 telephone cooperative corporation, or public utility
27 corporation, the petitioner may avail itself of the provisions
28 of this chapter to take possession and title in advance of the
29 entry of final judgment.
30 Section 53. Subsection (6) of section 196.012, Florida
31 Statutes, is amended to read:
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1 196.012 Definitions.--For the purpose of this chapter,
2 the following terms are defined as follows, except where the
3 context clearly indicates otherwise:
4 (6) Governmental, municipal, or public purpose or
5 function shall be deemed to be served or performed when the
6 lessee under any leasehold interest created in property of the
7 United States, the state or any of its political subdivisions,
8 or any municipality, agency, special district, authority, or
9 other public body corporate of the state is demonstrated to
10 perform a function or serve a governmental purpose which could
11 properly be performed or served by an appropriate governmental
12 unit or which is demonstrated to perform a function or serve a
13 purpose which would otherwise be a valid subject for the
14 allocation of public funds. For purposes of the preceding
15 sentence, an activity undertaken by a lessee which is
16 permitted under the terms of its lease of real property
17 designated as an aviation area on an airport layout plan which
18 has been approved by the Federal Aviation Administration and
19 which real property is used for the administration, operation,
20 business offices and activities related specifically thereto
21 in connection with the conduct of an aircraft full service
22 fixed base operation which provides goods and services to the
23 general aviation public in the promotion of air commerce shall
24 be deemed an activity which serves a governmental, municipal,
25 or public purpose or function. Any activity undertaken by a
26 lessee which is permitted under the terms of its lease of real
27 property designated as a public airport as defined in s.
28 332.004(14) by municipalities, agencies, special districts,
29 authorities, or other public bodies corporate and public
30 bodies politic of the state, a spaceport as defined in s.
31 331.303(19), or which is located in a deepwater port
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1 identified in s. 403.021(9)(b) and owned by one of the
2 foregoing governmental units, subject to a leasehold or other
3 possessory interest of a nongovernmental lessee that is deemed
4 to perform an aviation, airport, aerospace, maritime, or port
5 purpose or operation shall be deemed an activity that serves a
6 governmental, municipal, or public purpose. The use by a
7 lessee, licensee, or management company of real property or a
8 portion thereof as a convention center, visitor center, sports
9 facility with permanent seating, concert hall, arena, stadium,
10 park, or beach is deemed a use that serves a governmental,
11 municipal, or public purpose or function when access to the
12 property is open to the general public with or without a
13 charge for admission. If property deeded to a municipality by
14 the United States is subject to a requirement that the Federal
15 Government, through a schedule established by the Secretary of
16 the Interior, determine that the property is being maintained
17 for public historic preservation, park, or recreational
18 purposes and if those conditions are not met the property will
19 revert back to the Federal Government, then such property
20 shall be deemed to serve a municipal or public purpose. The
21 term "governmental purpose" also includes a direct use of
22 property on federal lands in connection with the Federal
23 Government's Space Exploration Program or spaceport activities
24 as defined in s. 212.02(22). Real property and tangible
25 personal property owned by the Federal Government or Space
26 Florida the Florida Space Authority and used for defense and
27 space exploration purposes or which is put to a use in support
28 thereof shall be deemed to perform an essential national
29 governmental purpose and shall be exempt. "Owned by the
30 lessee" as used in this chapter does not include personal
31 property, buildings, or other real property improvements used
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1 for the administration, operation, business offices and
2 activities related specifically thereto in connection with the
3 conduct of an aircraft full service fixed based operation
4 which provides goods and services to the general aviation
5 public in the promotion of air commerce provided that the real
6 property is designated as an aviation area on an airport
7 layout plan approved by the Federal Aviation Administration.
8 For purposes of determination of "ownership," buildings and
9 other real property improvements which will revert to the
10 airport authority or other governmental unit upon expiration
11 of the term of the lease shall be deemed "owned" by the
12 governmental unit and not the lessee. Providing two-way
13 telecommunications services to the public for hire by the use
14 of a telecommunications facility, as defined in s. 364.02(15),
15 and for which a certificate is required under chapter 364 does
16 not constitute an exempt use for purposes of s. 196.199,
17 unless the telecommunications services are provided by the
18 operator of a public-use airport, as defined in s. 332.004,
19 for the operator's provision of telecommunications services
20 for the airport or its tenants, concessionaires, or licensees,
21 or unless the telecommunications services are provided by a
22 public hospital. However, property that is being used to
23 provide such telecommunications services on or before October
24 1, 1997, shall remain exempt, but such exemption expires
25 October 1, 2004.
26 Section 54. Subsection (22) of section 212.02, Florida
27 Statutes, is amended to read:
28 212.02 Definitions.--The following terms and phrases
29 when used in this chapter have the meanings ascribed to them
30 in this section, except where the context clearly indicates a
31 different meaning:
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1 (22) "Spaceport activities" means activities directed
2 or sponsored by Space Florida the Florida Space Authority on
3 spaceport territory pursuant to its powers and
4 responsibilities under the Space Florida Act Florida Space
5 Authority Act.
6 Section 55. Subsection (7) of section 288.063, Florida
7 Statutes, is amended to read:
8 288.063 Contracts for transportation projects.--
9 (7) For the purpose of this section, Space Florida the
10 Florida Space Authority may serve as the local government or
11 as the contracting agency for transportation projects within
12 spaceport territory as defined by s. 331.304.
13 Section 56. Subsection (1) of section 288.075, Florida
14 Statutes, is amended to read:
15 288.075 Confidentiality of records.--
16 (1) As used in this section, the term "economic
17 development agency" means the Office of Tourism, Trade, and
18 Economic Development, any industrial development authority
19 created in accordance with part III of chapter 159 or by
20 special law, Space Florida the Florida Space Authority created
21 in part II of chapter 331, the Florida Aerospace Finance
22 Corporation created in part III of chapter 331, the public
23 economic development agency of a county or municipality, or
24 any research and development authority created in accordance
25 with part V of chapter 159. The term also includes any private
26 agency, person, partnership, corporation, or business entity
27 when authorized by the state, a municipality, or a county to
28 promote the general business interests or industrial interests
29 of the state or that municipality or county.
30 Section 57. Subsection (2) of section 288.35, Florida
31 Statutes, is amended to read:
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1 288.35 Definitions.--The following terms, wherever
2 used or referred to in this part, shall have the following
3 meanings:
4 (2) "Government agency" means the state or any county
5 or political subdivision thereof; any state agency; any
6 consolidated government of a county, and some or all of the
7 municipalities located within the said county; any chartered
8 municipality in the state; and any of the institutions of such
9 consolidated governments, counties, or municipalities.
10 Specifically included are airports, port authorities,
11 industrial authorities, and Space Florida the Florida Space
12 Authority.
13 Section 58. Subsection (2) of section 288.9415,
14 Florida Statutes, is amended to read:
15 288.9415 International Trade Grants.--
16 (2) A county, municipality, economic development
17 council, Space Florida the Florida Space Authority, or a
18 not-for-profit association of businesses organized to assist
19 in the promotion of international trade may apply for a grant
20 of state funds for the promotion of international trade.
21 Section 59. Paragraph (j) of subsection (5) of section
22 212.08, Florida Statutes, is amended to read:
23 212.08 Sales, rental, use, consumption, distribution,
24 and storage tax; specified exemptions.--The sale at retail,
25 the rental, the use, the consumption, the distribution, and
26 the storage to be used or consumed in this state of the
27 following are hereby specifically exempt from the tax imposed
28 by this chapter.
29 (5) EXEMPTIONS; ACCOUNT OF USE.--
30
31
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1 (j) Machinery and equipment used in semiconductor,
2 defense, or space technology production and research and
3 development.--
4 1.a. Industrial machinery and equipment used in
5 semiconductor technology facilities certified under
6 subparagraph 6. to manufacture, process, compound, or produce
7 semiconductor technology products for sale or for use by these
8 facilities are exempt from the tax imposed by this chapter.
9 For purposes of this paragraph, industrial machinery and
10 equipment includes molds, dies, machine tooling, other
11 appurtenances or accessories to machinery and equipment,
12 testing equipment, test beds, computers, and software, whether
13 purchased or self-fabricated, and, if self-fabricated,
14 includes materials and labor for design, fabrication, and
15 assembly.
16 b. Industrial machinery and equipment used in defense
17 or space technology facilities certified under subparagraph 6.
18 to design, manufacture, assemble, process, compound, or
19 produce defense technology products or space technology
20 products for sale or for use by these facilities are exempt
21 from 25 percent of the tax imposed by this chapter.
22 2.a. Machinery and equipment are exempt from the tax
23 imposed by this chapter if used predominately in semiconductor
24 wafer research and development activities in a semiconductor
25 technology research and development facility certified under
26 subparagraph 6. For purposes of this paragraph, machinery and
27 equipment includes molds, dies, machine tooling, other
28 appurtenances or accessories to machinery and equipment,
29 testing equipment, test beds, computers, and software, whether
30 purchased or self-fabricated, and, if self-fabricated,
31
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1 includes materials and labor for design, fabrication, and
2 assembly.
3 b. Machinery and equipment are exempt from 25 percent
4 of the tax imposed by this chapter if used predominately in
5 defense or space research and development activities in a
6 defense or space technology research and development facility
7 certified under subparagraph 6.
8 3. Building materials purchased for use in
9 manufacturing or expanding clean rooms in
10 semiconductor-manufacturing facilities are exempt from the tax
11 imposed by this chapter.
12 4. In addition to meeting the criteria mandated by
13 subparagraph 1., subparagraph 2., or subparagraph 3., a
14 business must be certified by the Office of Tourism, Trade,
15 and Economic Development as authorized in this paragraph in
16 order to qualify for exemption under this paragraph.
17 5. For items purchased tax exempt pursuant to this
18 paragraph, possession of a written certification from the
19 purchaser, certifying the purchaser's entitlement to exemption
20 pursuant to this paragraph, relieves the seller of the
21 responsibility of collecting the tax on the sale of such
22 items, and the department shall look solely to the purchaser
23 for recovery of tax if it determines that the purchaser was
24 not entitled to the exemption.
25 6.a. To be eligible to receive the exemption provided
26 by subparagraph 1., subparagraph 2., or subparagraph 3., a
27 qualifying business entity shall apply to Enterprise Florida,
28 Inc. The application shall be developed by the Office of
29 Tourism, Trade, and Economic Development in consultation with
30 Enterprise Florida, Inc.
31
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1 b. Enterprise Florida, Inc., shall review each
2 submitted application and information and determine whether or
3 not the application is complete within 5 working days. Once an
4 application is complete, Enterprise Florida, Inc., shall,
5 within 10 working days, evaluate the application and recommend
6 approval or disapproval of the application to the Office of
7 Tourism, Trade, and Economic Development.
8 c. Upon receipt of the application and recommendation
9 from Enterprise Florida, Inc., the Office of Tourism, Trade,
10 and Economic Development shall certify within 5 working days
11 those applicants who are found to meet the requirements of
12 this section and notify the applicant, Enterprise Florida,
13 Inc., and the department of the certification. If the Office
14 of Tourism, Trade, and Economic Development finds that the
15 applicant does not meet the requirements of this section, it
16 shall notify the applicant and Enterprise Florida, Inc.,
17 within 10 working days that the application for certification
18 has been denied and the reasons for denial. The Office of
19 Tourism, Trade, and Economic Development has final approval
20 authority for certification under this section.
21 7.a. A business may apply once each year for the
22 exemption.
23 b. The application must indicate, for program
24 evaluation purposes only, the average number of full-time
25 equivalent employees at the facility over the preceding
26 calendar year, the average wage and benefits paid to those
27 employees over the preceding calendar year, the total
28 investment made in real and tangible personal property over
29 the preceding calendar year, and the total value of tax-exempt
30 purchases and taxes exempted during the previous year. The
31 department shall assist the Office of Tourism, Trade, and
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1 Economic Development in evaluating and verifying information
2 provided in the application for exemption.
3 c. The Office of Tourism, Trade, and Economic
4 Development may use the information reported on the
5 application for evaluation purposes only and shall prepare an
6 annual report on the exemption program and its cost and
7 impact. The annual report for the preceding fiscal year shall
8 be submitted to the Governor, the President of the Senate, and
9 the Speaker of the House of Representatives by September 30 of
10 each fiscal year.
11 8. A business certified to receive this exemption may
12 elect to designate one or more state universities or community
13 colleges as recipients of up to 100 percent of the amount of
14 the exemption for which they may qualify. To receive these
15 funds, the institution must agree to match the funds so earned
16 with equivalent cash, programs, services, or other in-kind
17 support on a one-to-one basis in the pursuit of research and
18 development projects as requested by the certified business.
19 The rights to any patents, royalties, or real or intellectual
20 property must be vested in the business unless otherwise
21 agreed to by the business and the university or community
22 college.
23 9. As used in this paragraph, the term:
24 a. "Predominately" means at least 50 percent of the
25 time in qualifying research and development.
26 b. "Research and development" means basic and applied
27 research in the science or engineering, as well as the design,
28 development, and testing, of prototypes or processes of new or
29 improved products, including the design, development, and
30 testing of space launch vehicles, space flight vehicles,
31 missiles, satellites, or research payloads, avionics, and
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1 associated control systems and processing systems, and
2 components of any of the foregoing. Research and development
3 does not include market research, routine consumer product
4 testing, sales research, research in the social sciences or
5 psychology, or similar nontechnological activities, or
6 technical services.
7 c. "Semiconductor technology products" means raw
8 semiconductor wafers or semiconductor thin films that are
9 transformed into semiconductor memory or logic wafers,
10 including wafers containing mixed memory and logic circuits;
11 related assembly and test operations; active-matrix flat panel
12 displays; semiconductor chips; semiconductor lasers;
13 optoelectronic elements; and related semiconductor technology
14 products as determined by the Office of Tourism, Trade, and
15 Economic Development.
16 d. "Clean rooms" means manufacturing facilities
17 enclosed in a manner that meets the clean manufacturing
18 requirements necessary for high-technology
19 semiconductor-manufacturing environments.
20 e. "Defense technology products" means products that
21 have a military application, including, but not limited to,
22 weapons, weapons systems, guidance systems, surveillance
23 systems, communications or information systems, munitions,
24 aircraft, vessels, or boats, or components thereof, which are
25 intended for military use and manufactured in performance of a
26 contract with the United States Department of Defense or the
27 military branch of a recognized foreign government or a
28 subcontract thereunder which relates to matters of national
29 defense.
30 f. "Space technology products" means products that are
31 specifically designed or manufactured for application in space
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1 activities, including, but not limited to, space launch
2 vehicles, space flight vehicles, missiles, satellites or
3 research payloads, avionics, and associated control systems
4 and processing systems and components of any of the foregoing.
5 The term does not include products that are designed or
6 manufactured for general commercial aviation or other uses
7 even though those products may also serve an incidental use in
8 space applications.
9 Section 60. Paragraph (d) of subsection (6) of section
10 212.20, Florida Statutes, is amended to read:
11 212.20 Funds collected, disposition; additional powers
12 of department; operational expense; refund of taxes
13 adjudicated unconstitutionally collected.--
14 (6) Distribution of all proceeds under this chapter
15 and s. 202.18(1)(b) and (2)(b) shall be as follows:
16 (d) The proceeds of all other taxes and fees imposed
17 pursuant to this chapter or remitted pursuant to s.
18 202.18(1)(b) and (2)(b) shall be distributed as follows:
19 1. In any fiscal year, the greater of $500 million,
20 minus an amount equal to 4.6 percent of the proceeds of the
21 taxes collected pursuant to chapter 201, or 5 percent of all
22 other taxes and fees imposed pursuant to this chapter or
23 remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be
24 deposited in monthly installments into the General Revenue
25 Fund.
26 2. Two-tenths of one percent shall be transferred to
27 the Ecosystem Management and Restoration Trust Fund to be used
28 for water quality improvement and water restoration projects.
29 3. After the distribution under subparagraphs 1. and
30 2., 8.814 percent of the amount remitted by a sales tax dealer
31 located within a participating county pursuant to s. 218.61
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1 shall be transferred into the Local Government Half-cent Sales
2 Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to
3 be transferred pursuant to this subparagraph to the Local
4 Government Half-cent Sales Tax Clearing Trust Fund shall be
5 reduced by 0.1 percent, and the department shall distribute
6 this amount to the Public Employees Relations Commission Trust
7 Fund less $5,000 each month, which shall be added to the
8 amount calculated in subparagraph 4. and distributed
9 accordingly.
10 4. After the distribution under subparagraphs 1., 2.,
11 and 3., 0.095 percent shall be transferred to the Local
12 Government Half-cent Sales Tax Clearing Trust Fund and
13 distributed pursuant to s. 218.65.
14 5. After the distributions under subparagraphs 1., 2.,
15 3., and 4., 2.0440 percent of the available proceeds pursuant
16 to this paragraph shall be transferred monthly to the Revenue
17 Sharing Trust Fund for Counties pursuant to s. 218.215.
18 6. After the distributions under subparagraphs 1., 2.,
19 3., and 4., 1.3409 percent of the available proceeds pursuant
20 to this paragraph shall be transferred monthly to the Revenue
21 Sharing Trust Fund for Municipalities pursuant to s. 218.215.
22 If the total revenue to be distributed pursuant to this
23 subparagraph is at least as great as the amount due from the
24 Revenue Sharing Trust Fund for Municipalities and the former
25 Municipal Financial Assistance Trust Fund in state fiscal year
26 1999-2000, no municipality shall receive less than the amount
27 due from the Revenue Sharing Trust Fund for Municipalities and
28 the former Municipal Financial Assistance Trust Fund in state
29 fiscal year 1999-2000. If the total proceeds to be distributed
30 are less than the amount received in combination from the
31 Revenue Sharing Trust Fund for Municipalities and the former
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1 Municipal Financial Assistance Trust Fund in state fiscal year
2 1999-2000, each municipality shall receive an amount
3 proportionate to the amount it was due in state fiscal year
4 1999-2000.
5 7. Of the remaining proceeds:
6 a. In each fiscal year, the sum of $29,915,500 shall
7 be divided into as many equal parts as there are counties in
8 the state, and one part shall be distributed to each county.
9 The distribution among the several counties shall begin each
10 fiscal year on or before January 5th and shall continue
11 monthly for a total of 4 months. If a local or special law
12 required that any moneys accruing to a county in fiscal year
13 1999-2000 under the then-existing provisions of s. 550.135 be
14 paid directly to the district school board, special district,
15 or a municipal government, such payment shall continue until
16 such time that the local or special law is amended or
17 repealed. The state covenants with holders of bonds or other
18 instruments of indebtedness issued by local governments,
19 special districts, or district school boards prior to July 1,
20 2000, that it is not the intent of this subparagraph to
21 adversely affect the rights of those holders or relieve local
22 governments, special districts, or district school boards of
23 the duty to meet their obligations as a result of previous
24 pledges or assignments or trusts entered into which obligated
25 funds received from the distribution to county governments
26 under then-existing s. 550.135. This distribution specifically
27 is in lieu of funds distributed under s. 550.135 prior to July
28 1, 2000.
29 b. The department shall distribute $166,667 monthly
30 pursuant to s. 288.1162 to each applicant that has been
31 certified as a "facility for a new professional sports
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1 franchise" or a "facility for a retained professional sports
2 franchise" pursuant to s. 288.1162. Up to $41,667 shall be
3 distributed monthly by the department to each applicant that
4 has been certified as a "facility for a retained spring
5 training franchise" pursuant to s. 288.1162; however, not more
6 than $208,335 may be distributed monthly in the aggregate to
7 all certified facilities for a retained spring training
8 franchise. Distributions shall begin 60 days following such
9 certification and shall continue for not more than 30 years.
10 Nothing contained in this paragraph shall be construed to
11 allow an applicant certified pursuant to s. 288.1162 to
12 receive more in distributions than actually expended by the
13 applicant for the public purposes provided for in s.
14 288.1162(6). However, a certified applicant is entitled to
15 receive distributions up to the maximum amount allowable and
16 undistributed under this section for additional renovations
17 and improvements to the facility for the franchise without
18 additional certification.
19 c. Beginning 30 days after notice by the Office of
20 Tourism, Trade, and Economic Development to the Department of
21 Revenue that an applicant has been certified as the
22 professional golf hall of fame pursuant to s. 288.1168 and is
23 open to the public, $166,667 shall be distributed monthly, for
24 up to 300 months, to the applicant.
25 d. Beginning 30 days after notice by the Office of
26 Tourism, Trade, and Economic Development to the Department of
27 Revenue that the applicant has been certified as the
28 International Game Fish Association World Center facility
29 pursuant to s. 288.1169, and the facility is open to the
30 public, $83,333 shall be distributed monthly, for up to 168
31 months, to the applicant. This distribution is subject to
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1 reduction pursuant to s. 288.1169. A lump sum payment of
2 $999,996 shall be made, after certification and before July 1,
3 2000.
4 e. Every dealer conducting business at a fixed
5 location at the John F. Kennedy Space Center or Cape Canaveral
6 Air Force Station and selling admissions to the John F.
7 Kennedy Space Center or Cape Canaveral Air Force Station, or
8 any part of either location, under a contract with the
9 National Aeronautics and Space Administration or under a
10 subcontract to such contract, shall file returns each month in
11 accordance with this sub-subparagraph. Each dealer must file a
12 separate return each month which reports, separately from any
13 other sales and use taxes due under this chapter, the sale of
14 admissions to the John F. Kennedy Space Center or Cape
15 Canaveral Air Force Station or any part of the facilities or
16 to any event held at either location, together with sales at
17 retail of tangible personal property from such fixed place of
18 business, and leases and licenses by the dealer at the John F.
19 Kennedy Space Center or Cape Canaveral Air Force Station
20 taxable under s. 212.031, and the taxes collected by the
21 dealer with respect to such admissions, leases, licenses, and
22 sales. All amounts due under this chapter with respect to
23 these transactions shall be timely remitted to the department.
24 The dealer shall simultaneously file a copy of the return with
25 Space Florida and a copy with the director of the Office of
26 Tourism, Trade, and Economic Development, all of which return
27 copies and information contained in such copies are subject to
28 the same confidentiality provisions as are applicable to
29 returns and information filed with the department under s.
30 213.053. Each month the department shall distribute to Space
31 Florida all such proceeds collected and remitted to the
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1 department as shown on the returns required by this
2 sub-subparagraph. However, the monthly distributions may not
3 include proceeds of discretionary surtaxes due under this
4 chapter. The proceeds of the monthly distributions shall be
5 expended for aerospace education projects authorized in s.
6 331.305. If the department collects any additional amounts
7 under this chapter with respect to any transactions for which
8 a separate return is required by this sub-subparagraph, no
9 later than 30 days after the collection, the proceeds shall be
10 distributed by the department to Space Florida for the uses
11 specified in this sub-subparagraph. This sub-subparagraph does
12 not affect any dealer's liability for other taxes imposed by
13 and due under this chapter.
14 8. All other proceeds shall remain with the General
15 Revenue Fund.
16 Section 61. Section 1004.86, Florida Statutes, is
17 created to read:
18 1004.86 Florida Center for Mathematics and Science
19 Education Research.--
20 (1) The Department of Education shall establish at a
21 public state university the Florida Center for Mathematics and
22 Science Education Research to increase student achievement in
23 science and mathematics. The center shall:
24 (a) Provide technical assistance and support to school
25 districts and schools in the development and implementation of
26 mathematics and science instruction.
27 (b) Conduct applied research on policy and practices
28 related to mathematics and science instruction and assessment
29 in the state.
30
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1 (c) Conduct or compile basic research regarding
2 student acquisition of mathematics and science knowledge and
3 skills.
4 (d) Develop comprehensive course frameworks for
5 mathematics and science courses that emphasize rigor and
6 relevance at the elementary, middle, and high school levels.
7 (e) Disseminate information regarding research-based
8 teaching practices in mathematics and science to teachers and
9 teacher educators in the state.
10 (f) Collect, manage, and report on assessment
11 information regarding student achievement in mathematics and
12 science.
13 (g) Establish partnerships with state universities,
14 community colleges, and school districts.
15 (h) Collaborate with the Florida Center for Reading
16 Research in order to provide research-based practices that
17 integrate the teaching of reading within mathematics and
18 sciences courses.
19 (2) The department shall monitor this center through
20 the Division of K-12 Public Schools.
21 Section 62. Sections 331.314, 331.367, 331.368,
22 331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415,
23 331.417, and 331.419, Florida Statutes, are repealed.
24 Section 63. The Florida Space Authority, the Florida
25 Space Research Institute, and the Florida Aerospace Finance
26 Corporation are dissolved effective September 1, 2006. Space
27 Florida, as created by this act, is the successor organization
28 to, and as such shall assume the records, property,
29 obligations, and unexpended balances of appropriations,
30 allocations, or other funds of, the Florida Space Authority,
31
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1 the Florida Space Research Institute, and the Florida
2 Aerospace Finance Corporation.
3 Section 64. The Governor, the President of the Senate,
4 and the Speaker of the House of Representatives shall appoint
5 the board of directors of Space Florida no later than July 1,
6 2006. The board of directors of Space Florida shall hold its
7 first meeting no later than August 1, 2006. The board of
8 directors of Space Florida shall appoint a president no later
9 than September 1, 2006. The Executive Office of the Governor
10 shall provide staffing, and transitional support to Space
11 Florida until December 31, 2006.
12 Section 65. Subsection (12) is added to section
13 288.1224, Florida Statutes, to read:
14 288.1224 Powers and duties.--The commission:
15 (12) Shall enter into a memorandum of agreement with
16 Space Florida and Enterprise Florida, Inc., to develop a
17 public advertising program promoting aerospace-related
18 activities, businesses, or any Space Florida project.
19 Section 66. Subsections (7) and (8) are added to
20 section 288.9015, Florida Statutes, to read:
21 288.9015 Enterprise Florida, Inc.; purpose; duties.--
22 (7) Enterprise Florida, Inc., shall enter into a
23 memorandum of agreement with Space Florida to:
24 (a) Develop a plan to retain, expand, attract, and
25 create aerospace industry entities, public or private, which
26 result in the creation of high-value-added businesses and jobs
27 in this state; and
28 (b) Develop a plan to assist in the financing of
29 aerospace businesses.
30 (8) Enterprise Florida, Inc., shall enter into a
31 memorandum of agreement with Space Florida and the Florida
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1 Commission on Tourism and its direct-support organization to
2 develop a public advertising program promoting
3 aerospace-related activities, businesses, and any Space
4 Florida project.
5 Section 67. Subsection (12) is added to section
6 445.004, Florida Statutes, to read:
7 445.004 Workforce Florida, Inc.; creation; purpose;
8 membership; duties and powers.--
9 (12) Workforce Florida, Inc., shall enter into a
10 memorandum of agreement with Space Florida, and collaborate
11 with Florida vocational institutes, community colleges,
12 colleges, and universities, to develop a workforce development
13 strategy to implement s. 331.3051.
14 Section 68. Section 1001.10, Florida Statutes, is
15 amended to read:
16 1001.10 Commissioner of Education; general powers and
17 duties.--The Commissioner of Education is the chief
18 educational officer of the state, and is responsible for
19 giving full assistance to the State Board of Education in
20 enforcing compliance with the mission and goals of the
21 seamless K-20 education system. To facilitate innovative
22 practices and to allow local selection of educational methods,
23 the State Board of Education may authorize the commissioner to
24 waive, upon the request of a district school board, State
25 Board of Education rules that relate to district school
26 instruction and school operations, except those rules
27 pertaining to civil rights, and student health, safety, and
28 welfare. The Commissioner of Education is not authorized to
29 grant waivers for any provisions in rule pertaining to the
30 allocation and appropriation of state and local funds for
31 public education; the election, compensation, and organization
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1 of school board members and superintendents; graduation and
2 state accountability standards; financial reporting
3 requirements; reporting of out-of-field teaching assignments
4 under s. 1012.42; public meetings; public records; or due
5 process hearings governed by chapter 120. No later than
6 January 1 of each year, the commissioner shall report to the
7 Legislature and the State Board of Education all approved
8 waiver requests in the preceding year. Additionally, the
9 commissioner has the following general powers and duties:
10 (1) To appoint staff necessary to carry out his or her
11 powers and duties.
12 (2) To advise and counsel with the State Board of
13 Education on all matters pertaining to education; to recommend
14 to the State Board of Education actions and policies as, in
15 the commissioner's opinion, should be acted upon or adopted;
16 and to execute or provide for the execution of all acts and
17 policies as are approved.
18 (3) To keep such records as are necessary to set forth
19 clearly all acts and proceedings of the State Board of
20 Education.
21 (4) To have a seal for his or her office with which,
22 in connection with his or her own signature, the commissioner
23 shall authenticate true copies of decisions, acts, or
24 documents.
25 (5) To recommend to the State Board of Education
26 policies and steps designed to protect and preserve the
27 principal of the State School Fund; to provide an assured and
28 stable income from the fund; to execute such policies and
29 actions as are approved; and to administer the State School
30 Fund.
31
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1 (6) To take action on the release of mineral rights
2 based upon the recommendations of the Board of Trustees of the
3 Internal Improvement Trust Fund.
4 (7) To submit to the State Board of Education, on or
5 before August 1 of each year, recommendations for a
6 coordinated K-20 education budget that estimates the
7 expenditures for the State Board of Education, including the
8 Department of Education, the Commissioner of Education, and
9 all of the boards, institutions, agencies, and services under
10 the general supervision of the State Board of Education for
11 the ensuing fiscal year. Any program recommended to the State
12 Board of Education that will require increases in state
13 funding for more than 1 year must be presented in a multiyear
14 budget plan.
15 (8) To develop and implement a plan for cooperating
16 with the Federal Government in carrying out any or all phases
17 of the educational program and to recommend policies for
18 administering funds that are appropriated by Congress and
19 apportioned to the state for any or all educational purposes.
20 (9) To develop and implement policies for cooperating
21 with other public agencies in carrying out those phases of the
22 program in which such cooperation is required by law or is
23 deemed by the commissioner to be desirable and to cooperate
24 with public and nonpublic agencies in planning and bringing
25 about improvements in the educational program.
26 (10) To prepare forms and procedures as are necessary
27 to be used by district school boards and all other educational
28 agencies to assure uniformity, accuracy, and efficiency in the
29 keeping of records, the execution of contracts, the
30 preparation of budgets, or the submission of reports; and to
31 furnish at state expense, when deemed advisable by the
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1 commissioner, those forms that can more economically and
2 efficiently be provided.
3 (11) To implement a program of school improvement and
4 education accountability designed to provide all students the
5 opportunity to make adequate learning gains in each year of
6 school as provided by statute and State Board of Education
7 rule based upon the achievement of the state education goals,
8 recognizing the following:
9 (a) The State Board of Education is the body corporate
10 responsible for the supervision of the system of public
11 education.
12 (b) The district school board is responsible for
13 school and student performance.
14 (c) The individual school is the unit for education
15 accountability.
16 (d) The community college board of trustees is
17 responsible for community college performance and student
18 performance.
19 (e) The university board of trustees is responsible
20 for university performance and student performance.
21 (12) To establish a Citizen Information Center
22 responsible for the preparation, publication, and distribution
23 of materials relating to the state system of seamless K-20
24 public education.
25 (13) To prepare and publish annually reports giving
26 statistics and other useful information pertaining to the
27 Opportunity Scholarship Program.
28 (14) To have printed or electronic copies of school
29 laws, forms, instruments, instructions, and rules of the State
30 Board of Education and provide for their distribution.
31
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1 (15) To develop criteria for use by state
2 instructional materials committees in evaluating materials
3 submitted for adoption consideration. The criteria shall, as
4 appropriate, be based on instructional expectations reflected
5 in curriculum frameworks and student performance standards.
6 The criteria for each subject or course shall be made
7 available to publishers of instructional materials pursuant to
8 the requirements of chapter 1006.
9 (16) To prescribe procedures for evaluating
10 instructional materials submitted by publishers and
11 manufacturers in each adoption.
12 (17) To enter into a memorandum of agreement with
13 Space Florida to develop innovative aerospace-related
14 education programs that promote mathematics and science
15 education for grades K-20.
16
17 The commissioner's office shall operate all statewide
18 functions necessary to support the State Board of Education
19 and the K-20 education system, including strategic planning
20 and budget development, general administration, and assessment
21 and accountability.
22 Section 69. This act shall take effect upon becoming a
23 law.
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Florida Senate - 2006 SB 2580
11-1574C-06
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2 SENATE SUMMARY
3 Redesignates the "Florida Space Authority" as "Space
Florida"; Revises and consolidates the powers, roles,
4 purposes, responsibilities, assets, and duties of the
Florida Space Authority as those of Space Florida.
5 Provides additional powers and duties of Space Florida.
Characterizes certain property as Space Florida. Provides
6 additional powers and responsibilities of Space Florida
relating to the state's aerospace industry. Requires
7 Space Florida to create a business plan and a marketing
campaign. Requires Space Florida to coordinate its
8 activities with federal and state agencies. Creates a
board of directors for Space Florida. Provides for
9 designation and appointment of members, terms of office,
board meetings, reimbursement of certain expenses, and
10 financial disclosure requirements. Revises powers and
duties of the board. Expands the exemption from the sales
11 and use tax on certain machinery and equipment. Requires
dealers at certain business locations to file returns
12 with the Department of Revenue disclosing certain sales
tax information. Specifies return requirements. Requires
13 the Department of Education to establish the Florida
Center for Mathematics and Science Research at a public
14 state university. Provides that the Florida Space
Authority, the Florida Space Research Institute, and the
15 Florida Aerospace Finance Corporation are dissolved on a
specified date. Provides that Space Florida assumes the
16 records, property, and unexpended balances of
appropriations, allocations, and other funds from the
17 dissolved entities. Requires the Governor, the President
of the Senate, and the Speaker of the House of
18 Representatives to appoint the board of directors of
Space Florida by a specified date. Requires the board of
19 directors of Space Florida to hold its first meeting by a
specified date. Requires Space Florida to enter into
20 memoranda of agreement with certain entities.
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CODING: Words stricken are deletions; words underlined are additions.