Senate Bill sb2580c1

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    Florida Senate - 2006                           CS for SB 2580

    By the Committee on Commerce and Consumer Services; and
    Senators Fasano, King, Sebesta and Haridopolos




    577-2058-06

  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, revising, and

  6         repealing definitions; revising and

  7         consolidating the roles, purposes,

  8         responsibilities, assets, and duties of the

  9         Florida Space Authority as those of Space

10         Florida; deleting authority to establish

11         facilities and complementary activities;

12         providing additional powers and duties of Space

13         Florida; prohibiting Space Florida from

14         endorsing political candidates or making

15         campaign contributions; characterizing certain

16         property as Space Florida territory; providing

17         additional powers and responsibilities of Space

18         Florida relating to the state's aerospace

19         industry; deleting authority to exercise

20         eminent domain powers; requiring Space Florida

21         to create a business plan and a marketing

22         campaign; requiring Space Florida to coordinate

23         its activities with federal and state agencies;

24         replacing provisions providing for a board of

25         supervisors with provisions providing for a

26         board of directors of Space Florida; providing

27         for designation and appointment of members;

28         providing for terms, removal of members, and

29         filling of vacancies; providing for board

30         meetings; specifying service without

31         compensation; providing for reimbursement of

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    Florida Senate - 2006                           CS for SB 2580
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 1         certain expenses; providing financial

 2         disclosure requirements; revising powers and

 3         duties of the board; creating ss. 331.3011 and

 4         331.3051, F.S.; amending ss. 331.301, 331.302,

 5         331.303, 331.305, 331.306, 331.308, 331.309,

 6         331.310, 331.3101, 331.311, 331.312, 331.313,

 7         331.315, 331.316, 331.317, 331.318, 331.319,

 8         331.320, 331.321, 331.322, 331.323, 331.324,

 9         331.325, 331.326  331.327, 331.328, 331.329,

10         331.331, 331.333, 331.334, 331.335, 331.336,

11         331.337, 331.338, 331.339, 331.340, 331.343,

12         331.345, 331.346, 331.347, 331.348, 331.349,

13         331.350, 331.351, 331.354, 331.355, 331.360,

14         and 331.369, F.S., to conform; amending ss.

15         14.2015, 74.011, 196.012, 212.02, 288.063,

16         288.075, 288.35, and 288.9415, F.S., to

17         conform; amending s. 212.08, F.S.; expanding

18         the exemption from the sales and use tax on

19         certain machinery and equipment; amending s.

20         212.20, F.S.; requiring dealers at certain

21         business locations to file returns with the

22         Department of Revenue disclosing certain sales

23         tax information; specifying return

24         requirements; requiring the department to

25         distribute certain proceeds to Space Florida;

26         requiring expenditure of such proceeds for

27         certain purposes; creating s. 1004.86, F.S.;

28         requiring the Department of Education to

29         establish the Florida Center for Mathematics

30         and Science Education Research at a public

31         state university; specifying requirements for

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    Florida Senate - 2006                           CS for SB 2580
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 1         the center; repealing s. 331.314, F.S.,

 2         relating to the exclusive authority of the

 3         Florida Space Authority to regulate spaceports;

 4         repealing s. 331.367, F.S., relating to the

 5         Spaceport Management Council; repealing s.

 6         331.368, F.S., relating to the Florida Space

 7         Research Institute; repealing ss. 331.401,

 8         331.403, 331.405, 331.407, 331.409, 331.411,

 9         331.415, 331.417, and 331.419, F.S., relating

10         to the Florida Aerospace Finance Corporation;

11         providing that the Florida Space Authority, the

12         Florida Space Research Institute, and the

13         Florida Aerospace Finance Corporation are

14         dissolved on a specified date; providing that

15         Space Florida assumes the records, property,

16         and unexpended balances of appropriations,

17         allocations, and other funds from the dissolved

18         entities; requiring the Governor, the President

19         of the Senate, and the Speaker of the House of

20         Representatives to appoint the board of

21         directors of Space Florida by a specified date;

22         requiring the board of directors of Space

23         Florida to hold its first meeting by a

24         specified date; amending ss. 228.1224,

25         288.9015, 445.004, and 1001.10, F.S.; requiring

26         the Florida Commission on Tourism, Enterprise

27         Florida, Inc., Workforce Florida, Inc., and the

28         Commissioner of Education to enter into

29         memoranda of agreement with Space Florida;

30         amending s. 334.044, F.S.; prescribing power of

31         the Department of Transportation to enter into

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    Florida Senate - 2006                           CS for SB 2580
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 1         agreement with Space Florida; providing an

 2         effective date.

 3  

 4  Be It Enacted by the Legislature of the State of Florida:

 5  

 6         Section 1.  Section 331.301, Florida Statutes, is

 7  amended to read:

 8         331.301  Short title.--This act may be cited as the

 9  "Space Florida Space Authority Act."

10         Section 2.  Section 331.3011, Florida Statutes, is

11  created to read:

12         331.3011  Legislative findings and intent.--

13         (1)  The Legislature finds and declares that the

14  aerospace industry of this state is integral to the state's

15  long-term success in diversifying its economy and building a

16  knowledge-based economy that is able to support the creation

17  of high value-added businesses and jobs. Further, under the

18  direction and leadership of a single, private-public board,

19  this state has the opportunity to strengthen its existing

20  leadership in civil and military aerospace activity and emerge

21  as a leader in the nation's new vision for space exploration

22  and commercial aerospace opportunities, including the

23  integration of space, aeronautics, and aviation technologies.

24  As the leading location for talent, research, advanced

25  technologies and systems development, launch, and other

26  aerospace-based industry activities, this state can position

27  itself for sustainable economic growth and prosperity.

28         (2)  The Legislature finds that attaining this vision

29  requires a strong public and private commitment to a world

30  class aerospace industry. It is the intent of the Legislature

31  that Space Florida will encourage the public and private

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    Florida Senate - 2006                           CS for SB 2580
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 1  sectors to work together to implement an aggressive strategy

 2  that enhances the state's workforce, education, and research

 3  capabilities, with emphasis on mathematics, science,

 4  engineering, and related fields; will focus on the state's

 5  economic development efforts in order to capture a larger

 6  share of activity in aerospace research, technology,

 7  production, and commercial operations, while maintaining the

 8  state's historical leadership in space launch activities; and

 9  will preserve the unique national role served by the Cape

10  Canaveral Air Force Station and Kennedy Space Center by

11  reducing costs and improving the regulatory flexibility for

12  commercial sector launches while pursuing the development of

13  sites for commercial horizontal launches.

14         (3)  It is the intent of the Legislature that aerospace

15  activities be highly visible and coordinated within this

16  state. To that end, it is the intent of the Legislature that

17  Space Florida provide a single point of contact for state

18  aerospace-related activities with federal agencies, the

19  military, state agencies, businesses, and the private sector.

20         Section 3.  Section 331.302, Florida Statutes, is

21  amended to read:

22         (Substantial rewording of section. See

23         s. 331.302, F.S., for present text.)

24         331.302  Space Florida; creation; purpose.--

25         (1)  There is established, formed, and created Space

26  Florida, which is created and incorporated as a public

27  corporation, body politic, and subdivision of the state to

28  foster the growth and development of a sustainable and

29  world-leading aerospace industry in this state. Space Florida

30  shall promote aerospace business development by facilitating

31  business financing, spaceport operations, research and

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    Florida Senate - 2006                           CS for SB 2580
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 1  development, workforce development, and innovative education

 2  programs. Space Florida has all the powers, rights,

 3  privileges, and authority as provided under the laws of this

 4  state.

 5         (2)  In carrying out its duties and responsibilities,

 6  Space Florida shall advise, coordinate, cooperate, and, when

 7  necessary, enter into memoranda of agreement with

 8  municipalities, counties, regional authorities, state agencies

 9  and organizations, appropriate federal agencies and

10  organizations, and other interested persons and groups.

11         (3)  Space Florida may not endorse any candidate for

12  any elected public office or contribute money to the campaign

13  of any candidate for public office.

14         (4)  Space Florida is not an agency as defined in ss.

15  216.011 and 287.012.

16         Section 4.  Section 331.303, Florida Statutes, is

17  amended to read:

18         331.303  Definitions.--

19         (1)  "Aerospace" means the industry that designs and

20  manufactures aircraft, rockets, missiles, spacecraft,

21  satellites, space vehicles, space stations, space facilities

22  or components thereof, and equipment, systems, facilities,

23  simulators, programs, and related activities. "Authority"

24  means the Florida Space Authority created by this act.

25         (2)  "Board" or "board of directors supervisors" means

26  the governing body of Space Florida the authority.

27         (3)  "Bonds" means revenue bonds, assessment bonds, or

28  other bonds or obligations issued by Space Florida the

29  authority for the purpose of raising financing for its

30  projects.

31  

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    Florida Senate - 2006                           CS for SB 2580
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 1         (4)  "Business client" means any person, other than a

 2  state official or state employee, who receives the services

 3  of, or is the subject of solicitation by, representatives of

 4  Space Florida the authority in connection with the performance

 5  of its statutory duties, including purchasers or prospective

 6  purchasers of Space Florida authority services, persons or

 7  representatives of firms considering or being solicited for

 8  investment in Space Florida authority projects, persons or

 9  representatives of firms considering or being solicited for

10  location, relocation, or expansion of an aerospace-related a

11  space-related business within the state, and business,

12  financial, or other persons connected with the aerospace space

13  industry.

14         (5)  "Complementary activity" means any space business

15  incubator, space tourism activity, educational involvement in

16  an incubator, or space tourism and space-related research and

17  development.

18         (6)  "Conduit bond" means any bond of the authority

19  which is a nonrecourse obligation of the authority payable

20  from the proceeds of such bonds and related financing

21  agreements.

22         (5)(7)  "Cost" means all costs, fees, charges,

23  expenses, and amounts associated with the development of

24  projects by Space Florida the authority.

25         (6)(8)  "Entertainment expenses" means the actual,

26  necessary, and reasonable costs of providing hospitality for

27  business clients or guests, which costs are defined and

28  prescribed by rules adopted by Space Florida the authority,

29  subject to approval by the Chief Financial Officer.

30  

31  

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 1         (9)  "Federal aid" means any property, funding, or

 2  other financial assistance provided by the Federal Government

 3  to the authority for its projects.

 4         (7)(10)  "Financing agreement" means a lease,

 5  lease-purchase agreement, lease with option to purchase, sale

 6  or installment sale agreement, whether title passes in whole

 7  or in part at any time before prior to, at, or after

 8  completion of the project, loan agreement, or other agreement

 9  forming the basis for the financing under this act, including

10  any agreements, guarantees, or security instruments forming

11  part of or related to providing assurance of payment of the

12  obligations under the such financing agreement.

13         (8)(11)  "Guest" means a person, other than a state

14  official or state employee, authorized by the board or its

15  designee to receive the hospitality of Space Florida the

16  authority in connection with the performance of its statutory

17  duties.

18         (9)(12)  "Landing area" means the geographical area

19  designated by Space Florida the authority within the spaceport

20  territory for or intended for the landing and surface

21  maneuvering of any launch or other space vehicle.

22         (10)(13)  "Launch pad" means any launch pad, runway,

23  airstrip, or similar facility used by the spaceport or

24  spaceport user for launching of space vehicles.

25         (11)(14)  "Payload" means any property or cargo to be

26  transported aboard any vehicle launched by or from the

27  spaceport.

28         (12)(15)  "Person" means any individual, child,

29  community college, college, university, firm, association,

30  joint venture, partnership, estate, trust, business trust,

31  syndicate, fiduciary, corporation, nation, government

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    Florida Senate - 2006                           CS for SB 2580
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 1  (federal, state, or local), agency (government or other),

 2  subdivision of the state, municipality, county, business

 3  entity, or any other group or combination.

 4         (13)(16)  "Project" means any development, improvement,

 5  property, launch, utility, facility, system, works, road,

 6  sidewalk, enterprise, service, or convenience, which may

 7  include coordination with state partners or agencies

 8  Enterprise Florida, Inc., the Board of Education, the Florida

 9  Aerospace Finance Corporation, and the Florida Space Research

10  Institute; any rocket, capsule, module, launch facility,

11  assembly facility, operations or control facility, tracking

12  facility, administrative facility, or any other type of

13  aerospace-related space-related transportation vehicle,

14  station, or facility; any type of equipment or instrument to

15  be used or useful in connection with any of the foregoing; any

16  type of intellectual property and intellectual property

17  protection in connection with any of the foregoing including,

18  without limitation, any patent, copyright, trademark, and

19  service mark for, among other things, computer software; any

20  water, wastewater, gas, or electric utility system, plant, or

21  distribution or collection system; any small business

22  incubator initiative, including any startup aerospace company,

23  and any aerospace business proposing to expand or locate its

24  business in this state, research and development company,

25  research and development facility, education and workforce

26  training facility, storage facility, and consulting service;

27  or any tourism initiative, including any space experience

28  attraction, microgravity flight program, aerospace

29  space-launch-related activity, and space museum sponsored or

30  promoted by Space Florida the authority.

31  

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    Florida Senate - 2006                           CS for SB 2580
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 1         (14)(17)  "Range" means the geographical area

 2  designated by Space Florida the authority or other appropriate

 3  body as the area for the launching of rockets, missiles,

 4  launch vehicles, and other vehicles designed to reach high

 5  altitude.

 6         (15)(18)  "Recovery" means the recovery of space

 7  vehicles and payloads which have been launched from or by a

 8  the spaceport.

 9         (16)(19)  "Spaceport" means any area of land or water,

10  or any manmade object or facility located therein, developed

11  by Space Florida the authority under this act, which area is

12  intended for public use or for the launching, takeoff, and

13  landing of spacecraft and aircraft, and includes any

14  appurtenant areas which are used or intended for public use,

15  for spaceport buildings, or for other spaceport facilities,

16  spaceport projects, or rights-of-way.

17         (20)  "Spaceport Florida" means the authority or its

18  facilities and projects.

19         (17)(21)  "Spaceport launch facilities" means shall be

20  defined as industrial facilities as described in accordance

21  with s. 380.0651(3)(c) and include any launch pad, launch

22  control center, and fixed launch-support equipment.

23         (18)(22)  "Spaceport system" means the programs,

24  organizations, and infrastructure developed by Space Florida

25  the authority for the development of facilities or activities

26  to enhance and provide commercial aerospace space-related

27  development opportunities for business, education, workforce

28  development, and government within the state.

29         (19)(23)  "Spaceport territory" means the geographical

30  area designated in s. 331.304 and as amended or changed in

31  accordance with s. 331.329.

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 1         (20)(24)  "Spaceport user" means any person who uses

 2  the facilities or services of any spaceport; and, for the

 3  purposes of any exemptions or rights granted under this act,

 4  the said spaceport user shall be deemed a spaceport user only

 5  during the time period in which the such person has in effect

 6  a contract, memorandum of understanding, or agreement with the

 7  spaceport, and such rights and exemptions shall be granted

 8  with respect to transactions relating only to spaceport

 9  projects.

10         (21)(25)  "Travel expenses" means the actual,

11  necessary, and reasonable costs of transportation, meals,

12  lodging, and incidental expenses normally incurred by a

13  traveler, which costs are defined and prescribed by rules

14  adopted by Space Florida the authority, subject to approval by

15  the Chief Financial Officer.

16         (22)(26)  "Spaceport discretionary capacity improvement

17  projects" means capacity improvements that enhance space

18  transportation capacity at spaceports that have had one or

19  more orbital or suborbital flights during the previous

20  calendar year or have an agreement in writing for installation

21  of one or more regularly scheduled orbital or suborbital

22  flights upon the commitment of funds for stipulated spaceport

23  capital improvements.

24         Section 5.  Section 331.305, Florida Statutes, is

25  amended to read:

26         331.305  Powers of Space Florida the authority.--Space

27  Florida has The authority shall have the power to:

28         (1)  Exercise all powers granted to corporations under

29  the Florida Business Corporation Act, chapter 607.

30         (2)  Sue and be sued by its name in any court of law or

31  in equity.

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 1         (3)  Adopt and use a corporate seal and alter the same

 2  at pleasure.

 3         (4)  Review and make recommendations with respect to a

 4  strategy to guide and facilitate the future of space-related

 5  educational and commercial development. The authority shall in

 6  coordination with the Federal Government, private industry,

 7  and Florida universities develop a business plan which shall

 8  address the expansion of Spaceport Florida locations, space

 9  launch capacity, spaceport projects, and complementary

10  activities, which shall include, but not be limited to, a

11  detailed analysis of:

12         (a)  The authority and the commercial space industry.

13         (b)  Products, services description--potential,

14  technologies, skills.

15         (c)  Market research and evaluation--customers,

16  competition, economics.

17         (d)  Marketing plan and strategy.

18         (e)  Design and development plan--tasks, difficulties,

19  costs.

20         (f)  Manufacturing locations, facilities, and

21  operations plan.

22         (g)  Management organization--roles and

23  responsibilities.

24         (h)  Overall schedule monthly.

25         (i)  Important risks, assumptions, and problems.

26         (j)  Community impact--economic, human development,

27  community development.

28         (k)  Financial plan (monthly for first year; quarterly

29  for next 3 years).

30         (l)  Proposed authority offering--financing,

31  capitalization, use of funds.

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 1         (5)  Acquire property, real, personal, intangible,

 2  tangible, or mixed, within or without its territorial limits,

 3  in fee simple or any lesser interest or estate, by purchase,

 4  gift, devise, or lease, on such terms and conditions as the

 5  board may deem necessary or desirable, and sell or otherwise

 6  dispose of the same and of any of the assets and properties of

 7  the authority.

 8         (6)  Make and execute any and all contracts and other

 9  instruments necessary or convenient to the exercise of its

10  powers, including financing agreements with persons or

11  spaceport users to facilitate the financing, construction,

12  leasing, or sale of any project.

13         (7)  Whenever deemed necessary by the board, lease as

14  lessor or lessee to or from any person, public or private, any

15  facilities or property for the use of the authority and carry

16  out any of the purposes of the authority.

17         (8)  Appoint, through its board of supervisors, an

18  executive director.

19         (2)(9)  Own, acquire, construct, develop, create,

20  reconstruct, equip, operate, maintain, extend, and improve

21  launch pads, landing areas, ranges, payload assembly

22  buildings, payload processing facilities, laboratories,

23  aerospace space business incubators, launch vehicles,

24  payloads, space flight hardware, facilities and equipment for

25  the construction of payloads, space flight hardware, rockets,

26  and other launch vehicles, and other spaceport facilities and

27  other aerospace-related space-related systems, including

28  educational, cultural, and parking facilities and

29  space-related initiatives.

30         (10)  Undertake a program of advertising to the public

31  promoting space-related businesses or any spaceport projects

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 1  of the authority, and expend moneys and undertake such

 2  activities to carry out such advertising and promotional

 3  program as the board from time to time may determine.

 4         (3)(11)  Own, acquire, construct, reconstruct, equip,

 5  operate, maintain, extend, or and improve transportation

 6  facilities appropriate to meet the transportation requirements

 7  of Space Florida the authority and activities conducted within

 8  the spaceport territory.

 9         (4)(12)  Own, acquire, construct, reconstruct, equip,

10  operate, maintain, extend, or and improve electric power

11  plants, transmission lines and related facilities, gas mains

12  and facilities of any nature for the production or

13  distribution of natural gas, transmission lines and related

14  facilities and plants and facilities for the generation and

15  transmission of power through traditional and new and

16  experimental sources of power and energy; purchase electric

17  power, natural gas, and other sources of power for

18  distribution within any spaceport territory; develop and

19  operate water and sewer systems and waste collection and

20  disposal consistent with chapter 88-130, Laws of Florida; and

21  develop and operate such new and experimental public

22  utilities, including, but not limited to, centrally

23  distributed heating and air-conditioning facilities and

24  services, closed-circuit television systems, and computer

25  services and facilities, as the board may from time to time

26  determine. However, Space Florida may the authority shall not

27  construct any system, work, project, or utility authorized to

28  be constructed under this paragraph in the event that a

29  system, work, project, or utility of a similar character is

30  being actually operated by a municipality or private company

31  

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 1  in the municipality or territory adjacent thereto, unless such

 2  municipality or private company consents to such construction.

 3         (5)(13)  Designate, set aside, and maintain lands and

 4  areas within or without the territorial limits of any

 5  spaceport territory as conservation areas or bird and wildlife

 6  sanctuaries; stock such areas with animal and plant life and

 7  stock water areas with fish and other aquatic life; adopt

 8  pursuant to ss. 120.536(1) and 120.54 promulgate and enforce

 9  rules and regulations with respect thereto and protect and

10  preserve the natural beauty thereof; and do all acts necessary

11  or desirable in order to qualify such lands and areas as

12  conservation areas and sanctuaries under any of the laws of

13  the state or under federal law.

14         (6)(14)  Establish a program for the control,

15  abatement, and elimination of mosquitoes and other noxious

16  insects, rodents, reptiles, and other pests throughout the

17  spaceport territory and undertake such works and construct

18  such facilities within or without the spaceport territory as

19  may be determined by the board to be needed to effectuate such

20  program; abate and suppress mosquitoes and other arthropods,

21  whether disease-bearing or pestiferous, within any spaceport

22  territory when in the judgment of the board such action is

23  necessary or desirable for the health and welfare of the

24  inhabitants of or visitors to any spaceport; and take any and

25  all temporary or permanent eliminative measures that the board

26  may deem advisable. The Legislature hereby finds and declares

27  Space Florida the authority eligible to receive state funds,

28  supplies, services, and equipment available or that may in the

29  future become available to mosquito or pest control districts,

30  the provisions of s. 388.021 notwithstanding.

31  

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 1         (7)(15)  Subject to the rules and regulations of the

 2  appropriate water management district, own, acquire,

 3  construct, reconstruct, equip, maintain, operate, extend, and

 4  improve water and flood control facilities. The Legislature

 5  hereby finds and declares Space Florida the authority eligible

 6  to receive moneys, disbursements, and assistance from the

 7  state available to flood control or water management districts

 8  and navigation districts or agencies.

 9         (8)(16)  Own, acquire, construct, reconstruct, equip,

10  maintain, operate, extend, and improve public safety

11  facilities for the spaceport, including security stations,

12  security vehicles, fire stations, water mains and plugs, and

13  fire trucks and other vehicles and equipment; hire employees,

14  security officers, and firefighters; and undertake such works

15  and construct such facilities determined by the board to be

16  necessary or desirable to promote and ensure public safety

17  within the spaceport territory.

18         (9)(17)  Hire, through its president executive

19  director, a safety officer with substantial experience in

20  public safety procedures and programs for space vehicle

21  launching and related hazardous operations. The safety officer

22  shall monitor and report on the safety and hazards of

23  ground-based space operations to the president executive

24  director.

25         (18)  Establish a personnel management system for

26  hiring employees and setting employee benefit packages. The

27  personnel of the authority shall not be considered to be

28  within the state employment system.

29         (19)  Establish procedures, rules, and rates governing

30  per diem and travel expenses of its employees, the members of

31  the board of supervisors, and other persons authorized by the

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 1  board to incur such expenses. Except as otherwise provided in

 2  s. 331.3101, such rules are subject to provisions of state law

 3  or rules pertaining to per diem and travel expenses of public

 4  officers, employees, or other persons authorized by an agency

 5  head to incur such expenses.

 6         (10)(20)  Examine, develop, and use utilize new

 7  concepts, designs, and ideas; own, acquire, construct,

 8  reconstruct, equip, operate, maintain, extend, and improve

 9  experimental spaceport facilities and services; and otherwise

10  undertake, sponsor, finance, and maintain such research

11  activities, experimentation, and development as the board may

12  from time to time determine, in connection with any of the

13  projects that Space Florida the authority is authorized to

14  undertake pursuant to the powers and authority vested in it by

15  this act, and in order to promote the development and

16  utilization of new concepts, designs, and ideas in the fields

17  of space exploration, commercialization of the space industry,

18  and spaceport facilities.

19         (11)(21)  Issue revenue bonds, assessment bonds, or any

20  other bonds or obligations authorized by the provisions of

21  this act or any other law, or any combination of the

22  foregoing, and pay all or part of the cost of the acquisition,

23  construction, reconstruction, extension, repair, improvement,

24  or maintenance of any project or combination of projects,

25  including payloads and space flight hardware, and equipment

26  for research, development, and educational activities, to

27  provide for any facility, service, or other activity of Space

28  Florida the authority, and provide for the retirement or

29  refunding of any bonds or obligations of Space Florida the

30  authority, or for any combination of the foregoing purposes.

31  Space Florida The authority must provide 14 days' notice to

                                  17

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 1  the presiding officers and appropriations chairs of both

 2  houses of the Legislature prior to presenting a bond proposal

 3  to the Governor and Cabinet. If either presiding officer or

 4  appropriations chair objects to the bonding proposal within

 5  the 14-day-notice period, the bond issuance may be approved

 6  only by a vote of three-fourths two-thirds of the members of

 7  the Governor and Cabinet.

 8         (12)(22)  Make expenditures for entertainment and

 9  travel expenses and business clients, guests, and other

10  authorized persons as provided in this act.

11         (13)(23)  In connection with any financing agreement,

12  fix and collect fees, loan payments, rental payments, and

13  other charges for the use of any project in such amount as to

14  provide sufficient moneys to pay the principal of and interest

15  on bonds as the same shall become due and payable, if so

16  provided in the bond resolution or trust agreement, and to

17  create reserves for such purposes. The fees, rents, payments,

18  and charges and all other revenues and proceeds derived from

19  the project in connection with which the bonds of any issue

20  shall have been issued, except such part thereof as may be

21  necessary for such reserves or any expenditures as may be

22  provided in the resolution authorizing the issuance of the

23  bonds or in the trust agreement securing the same, shall be

24  set aside, at the time as may be specified in the resolution

25  or trust agreement, in a sinking fund which may be pledged to

26  and charged with the payment of the principal of and the

27  interest on such bonds as the same shall become due and the

28  redemption price or the purchase price of bonds retired by

29  call or purchase as therein provided. Such pledge is shall be

30  valid and binding from the time the pledge is made. The fees,

31  rents, charges, and other revenues and moneys so pledged and

                                  18

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 1  thereafter received by or on behalf of Space Florida the

 2  authority shall immediately be subject to the lien of any such

 3  pledge without any physical delivery thereof or further act,

 4  and the lien of any such pledge is shall be valid and binding

 5  as against all parties having claims of any kind in tort,

 6  contract, or otherwise against Space Florida the authority,

 7  irrespective of whether such parties have notice thereof.

 8  Neither the resolution nor any trust agreement by which a

 9  pledge is created need be filed or recorded, except in the

10  records of Space Florida the authority. The use and

11  disposition of money to the credit of the sinking fund shall

12  be subject to the provisions of the resolution authorizing the

13  issuance of such bonds or the provisions of such trust

14  agreement.

15         (24)  Exercise the right and power of eminent domain in

16  spaceport territory as defined in s. 331.304. In exercising

17  such power, the authority shall comply with the procedures and

18  requirements of chapters 73 and 74.

19         Section 6.  Section 331.3051, Florida Statutes, is

20  created to read:

21         331.3051  Duties of Space Florida.--Space Florida

22  shall:

23         (1)  Create a business plan to foster the growth and

24  development of the aerospace industry. The business plan must

25  address business development; finance; spaceport operations;

26  research and development; workforce development; and

27  education. The business plan must be completed by March 1,

28  2007, and be revised when determined as necessary by the

29  board.

30         (2)  Enter into agreement with the Department of

31  Education, the Department of Transportation, Enterprise

                                  19

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 1  Florida, Inc., the Florida Commission on Tourism and its

 2  direct-support organization, and Workforce Florida, Inc., for

 3  the purpose of implementing this act.

 4         (3)  In cooperation with Enterprise Florida, Inc.,

 5  develop a plan to retain, expand, attract, and create

 6  aerospace industry entities, public or private, which results

 7  in the creation of high-value-added businesses and jobs in

 8  this state.

 9         (4)  Create a marketing campaign to help attract,

10  develop, and retain aerospace businesses, aerospace research

11  and technology, and other related activities in this state.

12  The campaign must be coordinated with any existing

13  economic-development-promotion efforts in this state and may

14  use private resources. Marketing strategies may include

15  developing promotional materials, Internet and print

16  advertising, public relations and media placement, trade show

17  attendance, and other activities.

18         (5)  Develop, in cooperation with Enterprise Florida,

19  Inc., and the Florida Commission on Tourism and its

20  direct-support organization, a public advertising program

21  promoting aerospace-related activities, businesses, or any

22  Space Florida projects.

23         (6)  In cooperation with Enterprise Florida, Inc.,

24  develop a plan to finance aerospace businesses. The plan may

25  include the following activities:

26         (a)  Assembling, publishing, and disseminating

27  information concerning financing opportunities and techniques

28  for aerospace projects, programs, and activities; sources of

29  public and private aerospace financing assistance; and sources

30  of aerospace-related financing.

31  

                                  20

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 1         (b)  Organizing, hosting, and participating in seminars

 2  and other forums designed to disseminate information and

 3  technical assistance regarding aerospace-related financing.

 4         (c)  Coordinating with programs and goals of the

 5  Department of Defense, the National Aeronautics and Space

 6  Administration, the Export-Import Bank of the United States,

 7  the International Trade Administration of the United States

 8  Department of Commerce, the Foreign Credit Insurance

 9  Association, and other private and public programs and

10  organizations, domestic and foreign.

11         (d)  Establishing a network of contacts among those

12  domestic and foreign public and private organizations that

13  provide information, technical assistance, and financial

14  support to the aerospace industry.

15         (e)  Collecting funds for aerospace business

16  development projects, which funds shall include tax revenues

17  distributed by Space Florida under s. 212.20(6)(d). Funding

18  levels shall be determined by the board of directors.

19         (7)  Carry out its responsibilities for spaceport

20  operations by:

21         (a)  Seeking federal support and developing

22  partnerships to renew and upgrade the infrastructure and

23  technologies at the Cape Canaveral Air Force Station, the

24  Kennedy Space Center, and the Eastern Range that will enhance

25  space and military programs of the Federal Government, and

26  improve access for commercial launch activities.

27         (b)  Supporting federal efforts to clarify roles and

28  responsibilities of federal agencies, and eliminate

29  duplicative federal rules and policies, in an effort to

30  streamline access for commercial launch users.

31  

                                  21

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 1         (c)  Pursuing the development of additional commercial

 2  spaceports in the state through a competitive request for

 3  proposals in partnership with counties or municipalities, the

 4  Federal Government, or private entities.

 5         (d)  Promoting and facilitating launch activity within

 6  the state by supporting and assisting commercial launch

 7  operators in completing and submitting required documentation

 8  and gaining approvals and authorization from the required

 9  federal agencies for launching from Florida.

10         (e)  Consulting, as necessary, with the appropriate

11  federal, state, and local authorities, including the National

12  Aeronautics and Space Administration, the Federal Aviation

13  Administration, the Department of Defense, the Department of

14  Transportation, the Florida National Guard, and industry on

15  all aspects of establishing and operating spaceport

16  infrastructure and related facilities within the state.

17         (8)  Carry out its responsibility for research and

18  development by:

19         (a)  Contracting for the operations of the state's

20  Space Life Sciences Laboratory.

21         (b)  Working in collaboration with one or more

22  universities and other public or private entities to develop a

23  proposal for a Center of Excellence for Aerospace that will

24  foster and promote the research necessary to develop

25  commercially promising, advanced, and innovative science and

26  technology and will transfer those discoveries to the

27  commercial sector.

28         (9)  Carry out its responsibility for workforce

29  development, by coordinating with Workforce Florida, Inc.,

30  community colleges, colleges, universities, and other public

31  and private partners to develop a plan to retain, train, and

                                  22

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 1  retrain workers, from entry-level skills training through to

 2  technician-level, and 4-year degrees and higher, with the

 3  skills most relevant to aerospace employers, and further

 4  enhance the Florida Aviation/Aerospace Banner Center to ensure

 5  that graduates from the institution meet the needs of the

 6  aerospace industry.

 7         (10)  Carry out its responsibility for creating

 8  innovative education programs, by funding programs developed

 9  in conjunction with the Department of Education, targeting

10  grades K-20 in an effort to promote mathematics and science

11  education programs, which may include the Florida-NASA

12  Matching Grant Program, aerospace-focused education programs

13  for teachers, education-oriented microgravity flight programs

14  for teachers and students, and Internet-based aerospace

15  education. Funds collected pursuant to s. 212.20(6)(d) and any

16  in-kind or private-sector contribution shall be used for

17  carrying out innovative education programs. Funding levels

18  shall be determined by the board of directors. In its annual

19  report, Space Florida shall include, at a minimum, a

20  description of programs funded, the number of students served,

21  and private-sector support.

22         (11)  Annually report on its performance with respect

23  to its business plan, to include finance, spaceport

24  operations, research and development, education, and workforce

25  development. The report shall be submitted to the Governor,

26  the President of the Senate, and the Speaker of the House of

27  Representatives no later than December 31.

28         Section 7.  Section 331.306, Florida Statutes, is

29  amended to read:

30         331.306  Federal airspace notification.--In accordance

31  with Federal Aviation Administration procedures coordination

                                  23

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    Florida Senate - 2006                           CS for SB 2580
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 1  with the Florida Department of Transportation, Space Florida

 2  the authority shall develop and file appropriate the federal

 3  airspace notification to activate special-use airspace in

 4  support of their space launch operations required for priority

 5  airspace use.

 6         Section 8.  Section 331.308, Florida Statutes, is

 7  amended to read:

 8         331.308  Board of directors supervisors.--

 9         (1)  Space Florida shall be governed by a board of

10  directors. Designees of appointed members do not have voting

11  authority. The board of directors shall consist of the

12  following members:

13         (a)  The Governor.

14         (b)  The Secretary of Transportation or the secretary's

15  designee.

16         (c)  The president of Workforce Florida, Inc., or the

17  president's designee.

18         (d)  The president of Enterprise Florida, Inc., or the

19  president's designee.

20         (e)  The president of the Florida Commission on Tourism

21  direct-support organization or the president's designee.

22         (f)  The Commissioner of Education or the

23  commissioner's designee.

24         (g)  Eight members from the private sector appointed by

25  the Governor, of which one must be a representative of

26  organized labor.

27         (h)  Two ex officio, nonvoting members, one of whom

28  shall be a member of the Senate, selected by the President of

29  the Senate, and one of whom shall be a member of the House of

30  Representatives, selected by the Speaker of the House of

31  Representatives.

                                  24

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 1         (i)  Six members from the private sector, three of whom

 2  shall be appointed by the President of the Senate and three of

 3  whom shall be appointed by the Speaker of the House of

 4  Representatives.

 5  

 6  In making his or her appointments, the Governor shall ensure

 7  that the composition of the board reflects the diversity of

 8  the aerospace industry community of this state and, to the

 9  greatest degree possible, that the composition of the board

10  includes, but is not limited to, individuals representing the

11  industries of business, finance, marketing, space, aerospace,

12  aviation, defense, research and development, and education.

13  The Governor shall also consider whether the current members

14  of the board, together with potential appointees, reflect the

15  racial, ethnic, and gender diversity, as well as the

16  geographic distribution, of the population of the state.

17         (2)(a)  Vacancies on the board shall be filled for the

18  unexpired term in the same manner as the original appointments

19  to the board.

20         (b)  Each member of the board of directors shall serve

21  for a term of 4 years, except that the initial terms shall be

22  staggered.

23         1.  The Governor shall appoint two members for a 1-year

24  term, two members for 2-year terms, and three members for

25  4-year terms.

26         2.  The President of the Senate and the Speaker of the

27  House of Representatives shall each appoint one member for a

28  1-year term, one member for a 2-year term, and one member for

29  a 4-year term.

30         (c)  Any member is eligible for reappointment.

31  

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 1         (3)  Appointed members may be removed by the Governor

 2  for cause. Absence from three consecutive meetings without

 3  good cause shall result in automatic removal by the Governor.

 4         (4)  All regular members are subject to confirmation by

 5  the Senate at the next regular session of the Legislature.

 6         (5)  The Governor shall serve as chair of the board of

 7  directors. The board of directors shall biennially elect one

 8  of its private-sector members as vice chair to serve in the

 9  absence of the Governor and to perform such other duties as

10  may be designated. The president shall keep a record of the

11  proceedings of the board of directors and shall be the

12  custodian of all books, documents, and papers filed with the

13  board of directors, the minutes of the board of directors, and

14  the official seal of Space Florida.

15         (6)  The board of directors shall meet at least four

16  times each year, upon the call of the chair, at the request of

17  the vice chair, or at the request of a majority of the

18  membership. A majority of the total number of current voting

19  directors shall constitute a quorum. The board of directors

20  may take official action by a majority vote of the members

21  present at any meeting at which a quorum is present.

22         (7)  Members of the board of directors shall serve

23  without compensation, but members, the president, and staff

24  may be reimbursed for all reasonable, necessary, and actual

25  expenses, as determined by the board of directors of Space

26  Florida pursuant to s. 112.061.

27         (8)  Each member of the board of directors of Space

28  Florida who is not otherwise required to file financial

29  disclosure pursuant to s. 8, Art. II of the State Constitution

30  or s. 112.3144, shall file disclosure of financial interests

31  pursuant to s. 112.3145. There is created within the Florida

                                  26

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 1  Space Authority a board of supervisors consisting of eight

 2  regular members, who shall be appointed by the Governor, and

 3  two ex officio nonvoting members, one of whom shall be a state

 4  senator selected by the President of the Senate and one of

 5  whom shall be a state representative selected by the Speaker

 6  of the House of Representatives. The Lieutenant Governor, who

 7  is the state's space policy leader, shall serve as chair of

 8  the board of supervisors, and shall cast the deciding vote if

 9  the votes of the eight regular members result in a tie. The

10  board shall elect a vice chair to preside in the absence of

11  the Lieutenant Governor and to perform such other duties as

12  may be designated. All regular members shall be subject to

13  confirmation by the Senate at the next regular session of the

14  Legislature. Existing board members are not prohibited from

15  reappointment. Each of the regular board members must be a

16  resident of the state and must have experience in the

17  aerospace or commercial space industry or in finance or have

18  other significant relevant experience. A private sector legal

19  entity may not have more than one person serving on the board

20  at any one time. One regular member shall represent organized

21  labor interests, one regular member shall represent minority

22  interests, and four regular members must represent space

23  industry, at least one of whom must also be from a small

24  business, as defined in s. 288.703. For the purpose of this

25  section, "space industry" includes private sector entities

26  engaged in space flight business, as defined in s. 212.031,

27  research and technology development of space-based products

28  and services, space station commercialization, development of

29  spaceport and range technology, remote sensing products and

30  services, space biotechnology, measurement and calibration of

31  space assets, space-related software and information

                                  27

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 1  technology development, design and architecture of space-based

 2  assets and facilities for manufacturing and other purposes,

 3  space-related nanotechnology, space tourism, and other

 4  commercial enterprises utilizing uniquely space-based

 5  capabilities.

 6         (2)  Each regular member shall serve a term of 4 years

 7  or until a successor is appointed and qualified. The term of

 8  each such member shall be construed to commence on the date of

 9  appointment and to terminate on June 30 of the year of the end

10  of the term. Appointment to the board shall not preclude any

11  such member from holding any other private or public position.

12         (3)  The ex officio nonvoting legislative members shall

13  serve on the board for 2-year terms.

14         (4)  Any vacancy on the board shall be filled for the

15  balance of the unexpired term.

16         (5)  The board shall appoint an executive director.

17  Meetings shall be held quarterly or more frequently at the

18  call of the chair. A majority of the regular members of the

19  board shall constitute a quorum, and a majority vote of such

20  members present is necessary for any action taken by the

21  board.

22         (6)  The Governor has the authority to remove from the

23  board any regular member in the manner and for cause as

24  defined by the laws of this state and applicable to situations

25  that may arise before the board. Unless excused by the chair

26  of the board, a regular member's absence from two or more

27  consecutive board meetings creates a vacancy in the office to

28  which the member was appointed.

29         Section 9.  Section 331.309, Florida Statutes, is

30  amended to read:

31         331.309  Treasurer; depositories; fiscal agent.--

                                  28

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 1         (1)  The board shall designate an individual who is a

 2  resident of the state, or a qualified public depository as

 3  defined in s. 280.02, as treasurer of Space Florida the

 4  authority, who shall have charge of the funds of Space Florida

 5  the authority. Such funds shall be disbursed only upon the

 6  order of or pursuant to the resolution of the board by

 7  warrant, check, authorization, or direct deposit pursuant to

 8  s. 215.85, signed or authorized by the treasurer or his or her

 9  representative or by such other persons as may be authorized

10  by the board. The board may give the treasurer such other or

11  additional powers and duties as the board may deem appropriate

12  and shall establish the treasurer's compensation. The board

13  may require the treasurer to give a bond in such amount, on

14  such terms, and with such sureties as may be deemed

15  satisfactory to the board to secure the performance by the

16  treasurer of his or her powers and duties. The board shall

17  audit or have audited the books of the treasurer at least once

18  a year.

19         (2)  The board is authorized to select as depositories

20  in which the funds of the board and of Space Florida the

21  authority shall be deposited any qualified public depository

22  as defined in s. 280.02, upon such terms and conditions as to

23  the payment of interest by such depository upon the funds so

24  deposited as the board may deem just and reasonable. Funds of

25  the authority may also be deposited with the Florida

26  Commercial Space Financing Corporation created by s. 331.407.

27  The funds of Space Florida the authority may be kept in or

28  removed from the State Treasury upon written notification from

29  the chair of the board to the Chief Financial Officer.

30         (3)  The board may employ a fiscal agent, who shall be

31  either a resident of the state or a corporation organized

                                  29

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 1  under the laws of this or any other state and authorized by

 2  such laws to act as such fiscal agent in the state.

 3         Section 10.  Section 331.310, Florida Statutes, is

 4  amended to read:

 5         331.310  Powers and duties of the board of directors

 6  supervisors.--Except as otherwise provided in this act, all of

 7  the powers and duties of the authority shall be exercised by

 8  and through the board of supervisors, including the power and

 9  duty to:

10         (1)  The board has the power to: Adopt bylaws, rules,

11  resolutions, and orders prescribing the powers, duties, and

12  functions of the officers of the authority, the conduct of the

13  business of the authority, the maintenance of records, and the

14  form of all documents and records of the authority. The board

15  may adopt administrative rules and regulations with respect to

16  any of the projects of the authority, with notice and public

17  hearing.

18         (2)  Maintain an executive office and authority offices

19  in close proximity to Kennedy Space Center.

20         (a)(3)  Enter, and authorize any agent or employee of

21  Space Florida the authority to enter, upon any lands, waters,

22  and premises, upon giving reasonable notice and due process to

23  the land owner, for the purposes of making surveys, soundings,

24  drillings, appraisals, and examinations necessary to perform

25  its duties and functions. Any such entry shall not be deemed a

26  trespass or an entry that would constitute a taking in an

27  eminent domain proceeding. Space Florida The authority shall

28  make reimbursement for any actual damages to such lands,

29  waters, and premises as a result of such activity.

30         (b)(4)  Execute all contracts and other documents,

31  adopt all proceedings, and perform all acts determined by the

                                  30

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 1  board to be necessary or desirable to carry out the purposes

 2  of this act. The board may authorize one or more members of

 3  the board to execute contracts and other documents on behalf

 4  of the board or Space Florida the authority.

 5         (c)(5)  Establish and create such departments,

 6  committees, or other entities agencies as from time to time

 7  the board may deem necessary or desirable in the performance

 8  of any acts or other things necessary to the exercise of the

 9  powers provided in this act, and delegate to such departments,

10  boards, or other agencies such administrative duties and other

11  powers as the board may deem necessary or desirable.

12         (d)  Create, form, or acquire such entities as are

13  necessary to provide financial services to support

14  aerospace-related business development within the state.

15  Financial services may include, but are not limited to, direct

16  lending, loan guarantees, capitalizing, underwriting, or

17  securing funding for aerospace-related infrastructure. If the

18  board deems a financial services entity necessary, the board

19  shall ensure that proper steps are taken to insure the

20  independence of the entity with respect to financial

21  decison-making. This may include creating an independent

22  corporation, organized under chapter 617, with a board of

23  directors appointed by a Space Florida appointment committee.

24         (6)  Appoint a person to act as executive director of

25  the authority, having such official title, functions, duties,

26  powers, and salary as the board may prescribe.

27         (e)(7)  Examine, and authorize any officer or agent of

28  Space Florida the authority to examine, the county tax rolls

29  with respect to the assessed valuation of the real and

30  personal property within any spaceport territory.

31  

                                  31

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 1         (f)(8)  Engage in the planning and implementation of

 2  space-related economic and educational development within the

 3  state.

 4         (g)(9)  Execute intergovernmental agreements and

 5  development agreements consistent with prevailing statutory

 6  provisions, including, but not limited to, special benefits or

 7  tax increment financing initiatives.

 8         (h)(10)  Establish reserve funds for future board

 9  operations.

10         (i)(11)  Adopt rules pursuant to chapter 120 to carry

11  out the purposes of this act.

12         (2)  The board of directors shall:

13         (a)  Adopt bylaws, rules, resolutions, and orders

14  prescribing the powers, duties, and functions of Space Florida

15  to conduct the business of Space Florida, the maintenance of

16  records, and the form of all documents and records of Space

17  Florida. The board may adopt rules with respect to any of the

18  projects of Space Florida with notice and a public hearing.

19         (b)  Maintain Space Florida's offices in close

20  proximity to Kennedy Space Center.

21         (c)  Appoint a person to act as the president of Space

22  Florida, having such official title, functions, duties,

23  powers, and salary as the board prescribes.

24         (d)(12)  Abide by all applicable federal labor laws in

25  the construction and day-to-day operations of Space Florida

26  the authority and any spaceport. Further, the board shall

27  establish, by rule and regulation, pursuant to chapter 120,

28  policies and procedures for the construction and operation of

29  Space Florida the authority and any spaceport. The Said

30  policies and procedures shall be such that when Space Florida

31  the authority expends federal funds for construction or

                                  32

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 1  operation of any spaceport project, Space Florida the

 2  authority will be subject to the federal labor laws observed

 3  at the Kennedy Space Center and Cape Canaveral Air Force

 4  Station, Florida, applicable as a result of such federal

 5  expenditures.

 6         (e)(13)  Prepare an annual report of operations. The

 7  Said report shall include, but not be limited to, a balance

 8  sheet, an income statement, a statement of changes in

 9  financial position, a reconciliation of changes in equity

10  accounts, a summary of significant accounting principles, the

11  auditor's report, a summary of the status of existing and

12  proposed bonding projects, comments from management about the

13  year's business, and prospects for the next year, which shall

14  be submitted each year by December 31 November 30 to the

15  Governor, the President of the Senate, the Speaker of the

16  House of Representatives, the minority leader of the Senate,

17  and the minority leader of the House of Representatives.

18         (f)  Establish a personnel management system. Personnel

19  of Space Florida are not state employees.

20         (14)  Change the name of the authority.

21         Section 11.  Section 331.3101, Florida Statutes, is

22  amended to read:

23         331.3101  Space Florida Space Authority; travel and

24  entertainment expenses.--

25         (1)  Notwithstanding the provisions of s. 112.061,

26  Space Florida the authority shall adopt rules by which it may

27  make expenditures by advancement or reimbursement, or a

28  combination thereof, to Space Florida authority officers and

29  employees; reimburse business clients, guests, and authorized

30  persons as defined in s. 112.061(2)(e); and make direct

31  payments to third-party vendors:

                                  33

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 1         (a)  For travel expenses of such business clients,

 2  guests, and authorized persons incurred by Space Florida the

 3  authority in connection with the performance of its statutory

 4  duties, and for travel expenses incurred by state officials

 5  and state employees while accompanying such business clients,

 6  guests, or authorized persons or when authorized by the board

 7  or its designee.

 8         (b)  For entertainment expenses of such guests,

 9  business clients, and authorized persons incurred by Space

10  Florida the authority in connection with the performance of

11  its statutory duties, and for entertainment expenses incurred

12  for Space Florida authority officials and employees when such

13  expenses are incurred while in the physical presence of such

14  business clients, guests, or authorized persons.

15         (2)  The rules shall be subject to approval by the

16  Chief Financial Officer before prior to promulgation. The

17  rules shall require the submission of paid receipts, or other

18  proof prescribed by the Chief Financial Officer, with any

19  claim for reimbursement, and shall require, as a condition for

20  any advancement, an agreement to submit paid receipts or other

21  proof and to refund any unused portion of the advancement

22  within 15 days after the expense is incurred or, if the

23  advancement is made in connection with travel, within 15 days

24  after completion of the travel. However, with respect to an

25  advancement made solely for travel expenses, the rules may

26  allow paid receipts or other proof to be submitted, and any

27  unused portion of the advancement to be refunded, within 30

28  days after completion of the travel.

29         (3)  An annual report shall be made to the Legislature

30  not later than December 31 November 30 of each year for the

31  previous fiscal year, which shall consist of a synopsis

                                  34

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 1  concisely summarizing all travel, entertainment, and

 2  incidental expenses incurred within the United States and,

 3  separately, all travel, entertainment, and incidental expenses

 4  incurred outside the United States.

 5         (4)  A No claim submitted under this section is not

 6  shall be required to be sworn to before a notary public or

 7  other officer authorized to administer oaths, but any claim

 8  authorized or required to be made under any provision of this

 9  section must shall contain a statement that the expenses were

10  actually incurred as necessary travel or entertainment

11  expenses in the performance of official duties of Space

12  Florida the authority and shall be verified by written

13  declaration that it is true and correct as to every material

14  matter. Any person who willfully makes and subscribes to any

15  such claim which the person does not believe to be true and

16  correct as to every material matter or who willfully aids or

17  assists in, or procures, counsels, or advises, the preparation

18  or presentation of a claim pursuant to this section, which

19  claim is fraudulent or false as to any material matter,

20  whether or not such falsity or fraud is with the knowledge or

21  consent of the person authorized or required to present such

22  claim, commits a misdemeanor of the second degree, punishable

23  as provided in s. 775.082 or s. 775.083. Whoever receives an

24  advancement or reimbursement by means of a false claim is

25  civilly liable, in the amount of the overpayment, for the

26  reimbursement of the public fund from which the claim was

27  paid.

28         Section 12.  Section 331.311, Florida Statutes, is

29  amended to read:

30         331.311  Exercise by authority of its powers within

31  municipalities and other political subdivisions.--Space

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 1  Florida may The authority shall have the power to exercise any

 2  of its rights, powers, privileges, and authority in any and

 3  all portions of any spaceport territory lying within the

 4  boundaries of any municipal corporation or other political

 5  subdivision, heretofore or hereafter created or organized,

 6  whose boundaries lie wholly or partly within the geographical

 7  limits of the spaceport territory, to the same extent and in

 8  the same manner as in areas of the spaceport territory not

 9  incorporated as part of a municipality or other political

10  subdivision. With respect to any municipal corporation or

11  other political subdivision whose boundaries lie partly within

12  and partly without the geographical limits of the spaceport

13  territory, Space Florida may the authority shall have the

14  power to exercise its rights, powers, privileges, and

15  authority only within the portion of the such municipal

16  corporation or other political subdivision lying within the

17  boundaries of the spaceport territory.

18         Section 13.  Section 331.312, Florida Statutes, is

19  amended to read:

20         331.312  Furnishing facilities and services within the

21  spaceport territory.--Space Florida may The authority shall

22  have the power to construct, develop, create, maintain, and

23  operate its projects within the geographical limits of the

24  spaceport territory, including any portions of the spaceport

25  territory located inside the boundaries of any incorporated

26  municipality or other political subdivision, and to offer,

27  supply, and furnish the facilities and services provided for

28  in this act to, and to establish and collect fees, rentals,

29  and other charges from, persons, public or private, within the

30  geographical limits of the spaceport territory and for the use

31  of Space Florida the authority itself.

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 1         Section 14.  Section 331.313, Florida Statutes, is

 2  amended to read:

 3         331.313  Power of Space Florida the authority with

 4  respect to roads.--Within the territorial limits of any

 5  spaceport territory, Space Florida may the authority has the

 6  right to acquire, through purchase or interagency agreement,

 7  or as otherwise provided in law, and to construct, control,

 8  and maintain, roads deemed necessary by Space Florida the

 9  authority and connections thereto and extensions thereof now

10  or hereafter acquired, constructed, or maintained in

11  accordance with established highway safety standards; provided

12  that, in the event a road being addressed by Space Florida the

13  authority is owned by another agency or jurisdiction, Space

14  Florida the authority, before prior to proceeding with the

15  proposed project or work activity, shall have either

16  coordinated the desired work with the owning agency or

17  jurisdiction or shall have successfully executed an

18  interagency agreement with the owning agency or jurisdiction.

19         Section 15.  Section 331.315, Florida Statutes, is

20  amended to read:

21         331.315  Maintenance of projects across

22  rights-of-way.--Space Florida may The authority shall have the

23  right to construct and operate its projects in, along, or

24  under any streets, alleys, highways, or other public places or

25  ways, and across any drain, ditch, canal, floodway, holding

26  basin, excavation, railroad right-of-way, track, grade, fill,

27  or cut; provided, however, Space Florida shall pay that just

28  compensation, including fees, shall be paid by the authority

29  for any damages arising from or private property taken by the

30  exercise of such power.

31  

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 1         Section 16.  Section 331.316, Florida Statutes, is

 2  amended to read:

 3         331.316  Rates, fees, rentals, tolls, fares, and

 4  charges; procedure for adoption and modification; minimum

 5  revenue requirements.--

 6         (1)  To recover the costs of the spaceport facility or

 7  system, Space Florida may the authority shall have the power

 8  to prescribe, fix, establish, and collect rates, fees,

 9  rentals, tolls, fares, or other charges (hereinafter referred

10  to as "revenues"), and to revise the same from time to time,

11  for the facilities and services furnished or to be furnished

12  by Space Florida the authority and the spaceport, including,

13  but not limited to, launch pads, ranges, payload assembly and

14  processing facilities, visitor and tourist facilities,

15  transportation facilities, and parking and other related

16  facilities, and has shall have the power to provide for

17  reasonable penalties against any user or property for any such

18  rates, fees, rentals, tolls, fares, or other charges that are

19  delinquent.

20         (2)  The board may shall have the power to enter into

21  contracts for the use of the projects of Space Florida the

22  authority and for the services and facilities furnished or to

23  be furnished by Space Florida the authority, including, but

24  not limited to, launch services, payload assembly and

25  processing, and other aerospace-related space-related

26  services, for such consideration and on such other terms and

27  conditions as the board may approve. Such contracts, and

28  revenues or service charges received or to be received by

29  Space Florida the authority thereunder, may be pledged as

30  security for any of the bonds of Space Florida the authority.

31  

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 1         Section 17.  Section 331.317, Florida Statutes, is

 2  amended to read:

 3         331.317  Recovery of delinquent charges.--In the event

 4  that any of the rates, fees, rentals, tolls, fares, other

 5  charges, or delinquent penalties shall not be paid as and when

 6  due and shall be in default for 30 days or more, the unpaid

 7  balance thereof and all interest accrued thereon, together

 8  with attorney's fees and costs, may be recovered by Space

 9  Florida the authority in a civil action.

10         Section 18.  Section 331.318, Florida Statutes, is

11  amended to read:

12         331.318  Discontinuance of service.--In the event that

13  the rates, fees, rentals, tolls, fares, or other charges for

14  the services and facilities of any project are not paid when

15  due, the board may shall have the power to discontinue and

16  shut off the same until such rates, fees, rentals, tolls,

17  fares, or other charges, including interest, penalties, and

18  charges for the shutting off and discontinuance and the

19  restoration of such services and facilities, are fully paid.

20  Such delinquent rates, fees, rentals, tolls, fares, or other

21  charges, together with interest, penalties, and charges for

22  the shutting off and discontinuance and the restoration of

23  such services and facilities, and reasonable attorney's fees

24  and other expenses, may be recovered by Space Florida the

25  authority by suit in any court of competent jurisdiction.

26  Space Florida The authority may also enforce payment of such

27  delinquent rates, fees, rentals, tolls, fares, or other

28  charges by any other lawful method of enforcement.

29         Section 19.  Section 331.319, Florida Statutes, is

30  amended to read:

31  

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 1         331.319  Comprehensive planning; building and safety

 2  codes.--The board of directors may supervisors shall have the

 3  power to:

 4         (1)  Adopt, and from time to time review, amend,

 5  supplement, or repeal, a comprehensive general plan for the

 6  physical development of the area within the spaceport

 7  territory in accordance with the objectives and purposes of

 8  this act and consistent with the comprehensive plans of the

 9  applicable county or counties and municipality or

10  municipalities adopted pursuant to the Local Government

11  Comprehensive Planning and Land Development Regulation Act,

12  part II of chapter 163.

13         (2)  Prohibit within the spaceport territory the

14  construction, alteration, repair, removal, or demolition, or

15  the commencement of the construction, alteration, repair

16  (except emergency repairs), removal, or demolition, of any

17  building or structure, including, but not by way of

18  limitation, public utility poles, lines, pipes, and

19  facilities, without first obtaining a permit from the board or

20  such other officer or agency as the board may designate, and

21  to prescribe the procedure with respect to the obtaining of

22  such permit.

23         Section 20.  Section 331.320, Florida Statutes, is

24  amended to read:

25         331.320  Additional powers of board.--The board of

26  directors may shall have the power within any spaceport

27  territory to:

28         (1)  Adopt regulations to prohibit or control the

29  pollution of air and water, and require certain location and

30  placement of electrical power, telephone, and other utility

31  lines, cables, pipes, and ducts.

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 1         (2)  Divide the spaceport territory into zones or

 2  districts of such number, shape, and area as the board may

 3  deem best suited to carry out the purposes of this act, and

 4  within and for each such district make regulations and

 5  restrictions as provided for in subsection (1).

 6         Section 21.  Section 331.321, Florida Statutes, is

 7  amended to read:

 8         331.321  Federal and other funds and aid.--Space

 9  Florida may The authority is authorized to accept, receive,

10  and receipt for federal moneys, property, and other moneys or

11  properties, either public or private, for the acquisition,

12  planning, operation, construction, enlargement, improvement,

13  maintenance, equipment, or development of programs,

14  facilities, and sites therefor, and to comply with the

15  provisions of the laws of the United States and any rules and

16  regulations made thereunder for the expenditure of federal

17  moneys.

18         Section 22.  Section 331.322, Florida Statutes, is

19  amended to read:

20         331.322  Agreements with municipalities within any

21  spaceport territory.--The board of directors and the governing

22  body or bodies of any one or more municipalities located

23  wholly or partly within any spaceport territory, whether now

24  in existence or hereafter created, may are authorized to enter

25  into and carry into effect contracts and agreements relating

26  to the common powers, duties, and functions of the board and

27  other officers, agents, and employees of Space Florida the

28  authority, and the respective governing body or bodies of one

29  or more such municipalities, and their respective officers,

30  agents, and employees, to the end that there may be effective

31  cooperation between and coordination of the efforts of such

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 1  municipality or municipalities and Space Florida the authority

 2  in discharging their common functions, powers, and duties and

 3  in rendering services to the respective residents and property

 4  owners of such municipality or municipalities and Space

 5  Florida the authority. The board and the governing body or

 6  bodies of one or more such municipalities are further

 7  authorized to enter into and carry into effect contracts and

 8  agreements for the performance of any of their common

 9  functions, powers, and duties by a central agency or common

10  agent of the contracting parties.

11         Section 23.  Section 331.323, Florida Statutes, is

12  amended to read:

13         331.323  Cooperative agreements with the state,

14  counties, and municipalities.--

15         (1)  The state and the counties, municipalities, and

16  other political subdivisions, public bodies, and agencies

17  thereof, or any of them, whether now existing or hereafter

18  created, are authorized to aid and cooperate with Space

19  Florida the authority in carrying out any of the purposes and

20  projects of Space Florida the authority, to enter into

21  cooperative agreements with Space Florida the authority, to

22  provide in any such cooperative agreement for the making of

23  loans, gifts, grants, or contributions to Space Florida the

24  authority and the granting and conveyance to Space Florida the

25  authority of real or personal property of any kind or nature,

26  or any interest therein, for the carrying out of the purpose

27  and projects of Space Florida the authority; to covenant in

28  any such cooperative agreement to pay all or any part of the

29  costs of acquisition, planning, development, construction,

30  reconstruction, extension, improvement, operation, and

31  maintenance of any projects of Space Florida the authority;

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 1  and to pay all or any part of the principal and interest on

 2  any bonds of Space Florida the authority.

 3         (2)  The state and the counties, municipalities, and

 4  other political subdivisions, public bodies, and agencies

 5  thereof, or any of them, whether now existing or hereafter

 6  created, and Space Florida the authority created by this act,

 7  are further authorized to enter into cooperative agreements to

 8  provide for the furnishing by Space Florida the authority to

 9  the state or any county, municipality, or other political

10  subdivision, public body, or agency thereof of any of the

11  facilities and services of Space Florida the authority, or by

12  the state or any county, municipality, or other political

13  subdivision, public body, or agency thereof to Space Florida

14  the authority and to persons within the spaceport territory of

15  facilities and services of the type that Space Florida the

16  authority is authorized to furnish or undertake, or such other

17  facilities and services as may be determined necessary or

18  desirable by the board for the carrying out of the purposes of

19  this act. Without limitation of the foregoing, such

20  cooperative agreements may provide for the furnishing by any

21  county, municipality, or other political subdivision of fire

22  and police protection for Space Florida the authority and

23  persons and property within Space Florida the authority, and

24  for the providing to Space Florida the authority of any

25  services deemed necessary or desirable by the board for the

26  proper functioning of Space Florida the authority.

27         (3)  Without limitation of the foregoing, the board may

28  undertake and finance any of the projects of Space Florida the

29  authority, in whole or in part, jointly with any municipality

30  or municipalities, now existing or hereafter created, or in

31  any other manner combine the projects of Space Florida the

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 1  authority with the projects of such municipality or

 2  municipalities.

 3         (4)  Any agreement of the type authorized by this

 4  section may be made and entered into under pursuant to this

 5  act for such time or times, not exceeding 40 years.

 6         Section 24.  Section 331.324, Florida Statutes, is

 7  amended to read:

 8         331.324  Contracts, grants, and contributions.--Space

 9  Florida may The authority shall have the power to make and

10  enter all contracts and agreements necessary or incidental to

11  the performance of the functions of Space Florida the

12  authority and the execution of its powers, and to contract

13  with, and to accept and receive grants or loans of money,

14  material, or property from, any person, private or public, as

15  the board shall determine to be necessary or desirable to

16  carry out the purposes of this act, and in connection with any

17  such contract, grant, or loan to stipulate and agree to such

18  covenants, terms, and conditions as the board shall deem

19  appropriate.

20         Section 25.  Section 331.325, Florida Statutes, is

21  amended to read:

22         331.325  Environmental permits.--Space Florida The

23  authority shall obtain required environmental permits in

24  accordance with federal and state law and shall comply with

25  the provisions of chapter 380.

26         Section 26.  Section 331.326, Florida Statutes, is

27  amended to read:

28         331.326  Information relating to trade secrets

29  confidential.--The records of Space Florida the authority

30  regarding matters encompassed by this act are public records

31  subject to the provisions of chapter 119. Any information held

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 1  by Space Florida the authority which is a trade secret, as

 2  defined in s. 812.081, including trade secrets of Space

 3  Florida the authority, any spaceport user, or the space

 4  industry business, is confidential and exempt from the

 5  provisions of s. 119.07(1) and s. 24(a), Art. I of the State

 6  Constitution and may not be disclosed. If Space Florida the

 7  authority determines that any information requested by the

 8  public will reveal a trade secret, it shall, in writing,

 9  inform the person making the request of that determination.

10  The determination is a final order as defined in s. 120.52.

11  Any meeting or portion of a meeting of Space Florida's the

12  authority's board of supervisors is exempt from the provisions

13  of s. 286.011 and s. 24(b), Art. I of the State Constitution

14  when the board is discussing trade secrets.  Any public record

15  generated during the closed portions of the such meetings,

16  such as minutes, tape recordings, and notes, is confidential

17  and exempt from the provisions of s. 119.07(1) and s. 24(a),

18  Art. I of the State Constitution.

19         Section 27.  Section 331.327, Florida Statutes, is

20  amended to read:

21         331.327  Foreign trade zone.--Space Florida may The

22  authority shall have the power to apply to the Federal

23  Government for a grant allowing the designation of any

24  spaceport territory as a foreign trade zone pursuant to ss.

25  288.36 and 288.37. However, the designation of any spaceport

26  territory as a foreign trade zone does shall not be deemed to

27  authorize an exemption from any tax imposed by the state or by

28  any political subdivision, agency, or instrumentality thereof.

29         Section 28.  Section 331.328, Florida Statutes, is

30  amended to read:

31  

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 1         331.328  Sovereign immunity.--Space Florida The

 2  authority shall be granted sovereign immunity in the same

 3  manner as the state under the laws and Constitution of the

 4  State of Florida. The state, by this section, hereby waives

 5  the sovereign immunity granted to the same extent as waived by

 6  the state under state law.

 7         Section 29.  Section 331.329, Florida Statutes, is

 8  amended to read:

 9         331.329  Changing boundary lines; annexation and

10  exclusion of lands; creation of municipalities within the

11  geographical limits of any spaceport territory; limitations on

12  the furnishing of services within annexed areas.--

13         (1)  The board of directors may at any time strike out

14  or correct the description of any land within or claimed to be

15  within the boundary lines of any spaceport territory upon the

16  written consent of the owners of all the land that would be

17  included or excluded from the boundary lines of any spaceport

18  territory or otherwise affected by the taking of such action,

19  and of the owners of not less than the majority in acreage of

20  all lands within any spaceport territory.

21         (a)  The board may enlarge the geographical limits of

22  any spaceport territory to include any lands not then within

23  any spaceport territory:

24         1.  Upon the written consent of the owners of all the

25  land to be included in any spaceport territory and of the

26  owners of not less than a majority in acreage of all the land

27  then within any spaceport territory; or

28         2.  By resolution of the board approved at a special

29  election called for such purpose, by vote of a majority of

30  freeholders residing within the area to be annexed and a

31  

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 1  majority of freeholders residing within any spaceport

 2  territory.

 3         (b)  The board of directors may contract the

 4  geographical limits of any spaceport territory so as to

 5  exclude from any spaceport territory any land then within any

 6  spaceport territory:

 7         1.  Upon the written consent of the owners of all the

 8  land to be so excluded and of the owners of not less than a

 9  majority in acreage of all the land then within any spaceport

10  territory; or

11         2.  By resolution of the board approved at a special

12  election called for such purpose, by vote of a majority of

13  freeholders residing within the area to be excluded and a

14  majority of the freeholders residing within any spaceport

15  territory.

16         (2)  Land, including property situated thereon, added

17  to any spaceport territory in the manner provided in

18  subsection (1) shall from the time of its inclusion within

19  such spaceport territory be subject to all assessments

20  thereafter levied and assessed on all other land or property

21  of any spaceport territory similarly situated. Land, including

22  property situated thereon, excluded from any spaceport

23  territory in the manner provided in subsection (1) shall from

24  the date of such exclusion be exempt from assessments

25  thereafter imposed by Space Florida the authority but shall

26  not be exempt from assessments theretofore levied or due with

27  respect to such land or property, or from subsequent

28  installments of assessments theretofore levied or assessed

29  with respect thereto, and such assessments may be enforced and

30  collected by or on behalf of Space Florida the authority in

31  

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 1  the same manner as if such land or property continued to be

 2  within the geographical limits of any spaceport territory.

 3         (3)  In the event that the geographical limits of any

 4  spaceport territory as set forth in s. 331.304 are revised so

 5  as to include within any spaceport territory any areas not

 6  presently contained within any spaceport territory, Space

 7  Florida may the authority shall not engage in the business of

 8  furnishing electric power for sale in such annexed area,

 9  unless Space Florida the authority shall offer to purchase

10  from any person who is at the time engaged in the business of

11  making, generating, or distributing electricity for sale

12  within such annexed area, such portion of its electric plant

13  and property suitable and used for such business in connection

14  therewith as lies within the limits of such annexed area, in a

15  manner consistent with law.

16         (4)  Space Florida The authority shall designate new

17  launch pads outside the present designated spaceport

18  territories by statutory amendment of s. 331.304.

19         Section 30.  Section 331.331, Florida Statutes, is

20  amended to read:

21         331.331  Revenue bonds.--

22         (1)  Revenue bonds issued by Space Florida the

23  authority shall not be deemed revenue bonds issued by the

24  state or its agencies for purposes of s. 11, Art. VII of the

25  State Constitution and ss. 215.57-215.83. Space Florida The

26  authority shall include in its annual report to the Governor

27  and Legislature, as provided in s. 331.310, a summary of the

28  status of existing and proposed bonding projects.

29         (2)  The issuance of revenue bonds may be secured by or

30  payable from the gross or net pledge of the revenues to be

31  derived from any project or combination of projects, from the

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 1  rates, fees, rentals, tolls, fares, or other charges to be

 2  collected from the users of any project or projects; from any

 3  revenue-producing undertaking or activity of Space Florida the

 4  authority; or from any source of pledged security. Such bonds

 5  shall not constitute an indebtedness of Space Florida the

 6  authority unless such bonds are additionally secured by the

 7  full faith and credit of Space Florida the authority. Bonds

 8  issued by Space Florida the authority are not secured by the

 9  full faith and credit of the State of Florida and do not

10  constitute an obligation, either general or special, thereof.

11         (3)  Any two or more projects may be combined and

12  consolidated into a single project, and may thereafter be

13  operated and maintained as a single project. The revenue bonds

14  authorized herein may be issued to finance any one or more

15  such projects separately, or to finance two or more such

16  projects, regardless whether or not such projects have been

17  combined and consolidated into a single project. If the board

18  deems it advisable, the proceedings authorizing such revenue

19  bonds may provide that Space Florida the authority may

20  thereafter combine the projects then being financed or

21  theretofore financed with other projects to be subsequently

22  financed by Space Florida the authority shall be on a parity

23  with the revenue bonds then being issued, all on such terms,

24  conditions, and limitations as shall be provided, and may

25  further provide that the revenues to be derived from the

26  subsequent projects shall at the time of the issuance of such

27  parity revenue bonds be also pledged to the holders of any

28  revenue bonds theretofore issued to finance the revenue

29  undertakings which are later combined with such subsequent

30  projects. Space Florida The authority may pledge for the

31  

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 1  security of the revenue bonds a fixed amount, without regard

 2  to any fixed proportion of the gross revenues of any project.

 3         Section 31.  Section 331.333, Florida Statutes, is

 4  amended to read:

 5         331.333  Refunding bonds.--Space Florida The authority

 6  through its board may shall have the power to issue bonds to

 7  provide for the retirement or refunding of any bonds or

 8  obligations of Space Florida the authority that at the time of

 9  such issuance are or subsequently thereto become due and

10  payable, or that at the time of issuance have been called or

11  are or will be subject to call for redemption within 10 years

12  thereafter, or the surrender of which can be procured from the

13  holders thereof at prices satisfactory to the board. Refunding

14  bonds may be issued at any time when in the judgment of the

15  board such issuance will be advantageous to Space Florida the

16  authority. The provisions of this act pertaining to bonds of

17  Space Florida the authority shall, unless the context

18  otherwise requires, govern the issuance of refunding bonds,

19  the form and other details thereof, the rights of the holders

20  thereof, and the duties of the board with respect to the same.

21         Section 32.  Section 331.334, Florida Statutes, is

22  amended to read:

23         331.334  Pledging assessments and other revenues and

24  properties as additional security on bonds.--Space Florida The

25  authority may pledge as additional security for the payment of

26  any of the bonds of Space Florida the authority its full faith

27  and credit, and provide that such bonds shall be payable as to

28  both principal and interest, and as to any reserve or other

29  funds provided therefor, to the full extent that any revenues

30  as defined in this act, assessments, or other funds, or any

31  combination thereof, pledged therefor are insufficient for the

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 1  full payment of the same, and provided further that no bonds

 2  shall be issued to the payment of which the full faith and

 3  credit of Space Florida the authority is pledged unless

 4  approved at an election in the manner provided by law. Space

 5  Florida The authority by resolution of the board may also

 6  pledge as additional security for said bonds the revenues from

 7  any project of Space Florida the authority, utility service,

 8  assessments, and any other sources of revenue or funds, or any

 9  combination of the foregoing, and may pledge or mortgage any

10  of the properties, rights, interest, or other assets of Space

11  Florida the authority. Bonds issued by Space Florida the

12  authority are not secured by the full faith and credit of the

13  State of Florida and do not constitute an obligation, either

14  general or special, thereof. The board may also provide with

15  respect to any bonds of Space Florida the authority that such

16  bonds shall be payable, in whole or in part, as to principal

17  amount or interest, or both, out of rates, fees, rentals,

18  tolls, fares, or other charges collected with respect to any

19  of the projects of Space Florida the authority.

20         Section 33.  Section 331.335, Florida Statutes, is

21  amended to read:

22         331.335  Lien of pledges.--All pledges of revenues and

23  assessments made pursuant to the provisions of this act shall

24  be valid and binding from the time when such pledges are made.

25  All such revenues and assessments so pledged and thereafter

26  collected shall immediately be subject to the lien of such

27  pledges without any physical delivery thereof or further

28  action, and the lien of such pledges shall be valid and

29  binding as against all parties having claims of any kind in

30  tort, contract, or otherwise against Space Florida the

31  

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 1  authority, irrespective of whether such parties have notice

 2  thereof.

 3         Section 34.  Section 331.336, Florida Statutes, is

 4  amended to read:

 5         331.336  Issuance of bond anticipation notes.--In

 6  addition to the other powers provided for in this act and not

 7  in limitation thereof, Space Florida may the authority shall

 8  have the power, at any time from time to time after the

 9  issuance of any bonds of Space Florida the authority shall

10  have been authorized, to borrow money for the purposes for

11  which such bonds are to be issued in anticipation of the

12  receipt of the proceeds of the sale of such bonds and to issue

13  bond anticipation notes in a principal amount not in excess of

14  the authorized maximum amount of such bond issue. Such notes

15  shall be in such denomination or denominations, bear interest

16  at such rate or rates, mature at such time or times, be

17  renewable for such additional term or terms, and be in such

18  form and executed in such manner as the board shall prescribe.

19  Such notes may be sold at public sale, or if such notes shall

20  be renewable notes, may be exchanged for notes then

21  outstanding on such terms as the board shall determine. Such

22  notes shall be paid from the proceeds of such bonds when

23  issued. The board may in its discretion, in lieu of retiring

24  the notes by means of bonds, retire them by means of current

25  revenues or from any assessments levied for the payment of

26  such bonds, but in such event a like amount of the bonds

27  authorized shall not be issued.

28         Section 35.  Section 331.337, Florida Statutes, is

29  amended to read:

30         331.337  Short-term borrowing.--Space Florida The

31  authority at any time may obtain loans, in such amount and on

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 1  such terms and conditions as the board may approve, for the

 2  purpose of paying any of the expenses of Space Florida the

 3  authority or any costs incurred or that may be incurred in

 4  connection with any of the projects of Space Florida the

 5  authority, which loans shall have such term or terms, be

 6  renewable for such term or terms, bear interest at such rate

 7  or rates, and be payable from and secured by a pledge of such

 8  funds, revenues, and assessments as the board may determine.

 9  For the purpose of defraying such costs and expenses, Space

10  Florida the authority may issue negotiable notes, warrants, or

11  other evidences of debt signed on behalf of Space Florida the

12  authority by any one of the board, such notes or other

13  evidences of indebtedness to be payable at such time or times,

14  to bear interest at such rate or rates, and to be sold or

15  discounted at such price or prices and on such term or terms

16  as the board may deem advisable. The board may shall have the

17  right to provide for the payment thereof by pledging the whole

18  or any part of the funds, revenues, and assessments of Space

19  Florida the authority.

20         Section 36.  Section 331.338, Florida Statutes, is

21  amended to read:

22         331.338  Trust agreements.--In the discretion of the

23  board, any issue of bonds may be secured by a trust agreement

24  by and between Space Florida the authority and a corporate

25  trustee which may be any trust company or bank having the

26  powers of a trust company within or without the state. The

27  resolution authorizing the issuance of the bonds or such trust

28  agreement may pledge the revenues to be received from any

29  projects of Space Florida the authority  and any other

30  authorized moneys to be used for the repayment of bonds, and

31  may contain such provisions for protecting and enforcing the

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 1  rights and remedies of the bondholders as the board may

 2  approve, including without limitation covenants setting forth

 3  the duties of Space Florida the authority in relation to the

 4  acquisition, planning, development, construction,

 5  reconstruction, improvement, maintenance, repair, operation,

 6  and insurance of any projects, the fixing and revision of the

 7  rates, fees, rentals, tolls, fares, and charges, and the

 8  custody, safeguarding, and application of all moneys, and for

 9  the employment of consulting engineers in connection with such

10  acquisition, planning, development, construction,

11  reconstruction, improvement, maintenance, repair, or

12  operation. It shall be lawful for any bank or trust company

13  incorporated under the laws of the state or the United States

14  which may act as a depository of the proceeds of bonds or of

15  revenues to furnish such indemnifying bonds or to pledge such

16  securities as may be required by Space Florida the authority.

17  Such resolution or trust agreement may set forth the rights

18  and remedies of the bondholders and of the trustee, if any,

19  and may restrict the individual right of action by

20  bondholders. The board may provide for the payment of the

21  proceeds of the sale of the bonds and the revenues of any

22  project to such officer, board, or depository as it may

23  designate for the custody thereof, and for the method of

24  disbursement thereof, with such safeguards and restrictions as

25  it may determine. All expenses incurred in carrying out the

26  provisions of such resolution or trust agreement may be

27  treated as part of the cost of the project to which such trust

28  agreement pertains.

29         Section 37.  Section 331.339, Florida Statutes, is

30  amended to read:

31  

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 1         331.339  Sale of bonds.--Bonds may be sold in blocks or

 2  installments at different times, or an entire issue or series

 3  may be sold at one time. Bonds may only be sold at public sale

 4  after being advertised and publicly noticed, unless Space

 5  Florida the authority has previously complied with the

 6  provisions of s. 218.385. Bonds may be sold or exchanged for

 7  refunding bonds. Special assessment and revenue bonds may be

 8  delivered as payment by Space Florida the authority of the

 9  purchase price or lease of any project or part thereof, or a

10  combination of projects or parts thereof, or as the purchase

11  price of, or exchange for, any property, real, personal, or

12  mixed, including franchises, or services rendered by any

13  contractor, engineer, or other person, all at one time or in

14  blocks from time to time, in such manner and upon such terms

15  as the board in its discretion shall determine. The price or

16  prices for any bonds sold, exchanged, or delivered may be:

17         (1)  The money paid for the bonds.

18         (2)  The principal amount, plus accrued interest to

19  date of redemption or exchange, of outstanding obligations

20  exchanged for refunding bonds.

21         (3)  In the case of special assessment or revenue

22  bonds, the amount of any indebtedness to contractors or other

23  persons paid with such bonds, or the fair value of any

24  properties exchanged for the bonds, as determined by the

25  board.

26         Section 38.  Section 331.340, Florida Statutes, is

27  amended to read:

28         331.340  Authorization and form of bonds.--Bonds may be

29  authorized by resolution or resolutions of the board which

30  shall be adopted by a majority of all of the members thereof

31  then in office and present at the meeting at which the

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 1  resolution or resolutions are adopted and shall be approved as

 2  provided in s. 331.305. The resolution or resolutions of the

 3  board may be adopted at the same meeting at which they are

 4  introduced, and shall be published and noticed. The board may

 5  by resolution authorize the issuance of bonds, fix the

 6  aggregate amount of bonds to be issued, the purpose or

 7  purposes for which the moneys derived therefrom shall be

 8  expanded, the rate or rates of interest, the denomination of

 9  the bonds, whether or not the bonds are to be issued in one or

10  more series, the date or dates thereof, the date or dates of

11  maturity, which shall not exceed 40 years from their

12  respective dates of issuance, the medium of payment, the place

13  or places within or without the state where payment shall be

14  made, registration privileges, redemption terms and privileges

15  (whether with or without premium), the manner of execution,

16  the form of the bonds including any interest coupons to be

17  attached thereto, the manner of execution of bonds and

18  coupons, and any and all other terms, covenants, and

19  conditions thereof, and the establishment of reserve or other

20  funds. Such authorizing resolution may further provide that

21  such bonds may be executed manually or by engraved,

22  lithographed, or facsimile signature, provided that where

23  signatures are engraved, lithographed, or facsimile no bond

24  shall be valid unless countersigned by a registrar or other

25  officer designated by appropriate resolution of the board. The

26  seal of Space Florida the authority may be affixed,

27  lithographed, engraved, or otherwise reproduced in facsimile

28  on such bonds. In case any officer whose signature or a

29  facsimile of whose signature shall appear on any bonds or

30  coupons shall cease to be such officer before the delivery of

31  such bonds, such signature or facsimile shall nevertheless be

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 1  valid and sufficient for all purposes the same as if the

 2  officer had remained in office until such delivery.

 3         Section 39.  Section 331.343, Florida Statutes, is

 4  amended to read:

 5         331.343  Defeasance.--The board may make such provision

 6  with respect to the defeasance of the right, title, and

 7  interest of the holders of any of the bonds and obligations of

 8  Space Florida the authority in any revenues, funds, or other

 9  properties by which such bonds are secured as the board deems

10  appropriate and, without limitation on the foregoing, may

11  provide that when such bonds or obligations become due and

12  payable or shall have been called for redemption, and the

13  whole amount of the principal and the interest and premium, if

14  any, due and payable upon the bonds or obligations when

15  outstanding shall be paid, or sufficient moneys or direct

16  obligations of the United States Government the principal of

17  and the interest on which when due will provide sufficient

18  moneys, shall be held or deposited in trust for such purpose,

19  and provision shall also be made for paying all other sums

20  payable in connection with such bonds or other obligations,

21  then and in such event the right, title, and interest of the

22  holders of the bonds in any revenues, funds, or other

23  properties by which such bonds are secured shall thereupon

24  cease, terminate, and become void; and the board may apply any

25  surplus in any sinking fund established in connection with

26  such bonds or obligations and all balances remaining in all

27  other funds or accounts other than money held for the

28  redemption or payment of the bonds or other obligations to any

29  lawful purpose of Space Florida the authority as the board

30  shall determine.

31  

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 1         Section 40.  Section 331.345, Florida Statutes, is

 2  amended to read:

 3         331.345  Covenants.--Any resolution authorizing the

 4  issuance of bonds may contain such covenants as the board may

 5  deem advisable and all such covenants shall constitute valid

 6  and legally binding and enforceable contracts between Space

 7  Florida the authority and the bondholders, regardless of the

 8  time of issuance thereof. Such covenants may include, without

 9  limitation, covenants concerning the disposition of the bond

10  proceeds, the use and disposition of project revenues, the

11  pledging of revenues, and assessments, the obligations of

12  Space Florida the authority with respect to the operation of

13  the project and the maintenance of adequate project revenues,

14  the issuance of additional bonds, the appointment, powers, and

15  duties of trustees and receivers, the acquisition of

16  outstanding bonds and obligations, restrictions on the

17  establishing of competing projects or facilities, restrictions

18  on the sale or disposal of the assets and property of Space

19  Florida the authority, the priority of assessment liens, the

20  priority of claims by bondholders on the taxing power of Space

21  Florida the authority, the maintenance of deposits to assure

22  the payment of revenues by users of spaceport facilities and

23  services, the discontinuance of Space Florida authority

24  services by reason of delinquent payments, acceleration upon

25  default, the execution of necessary instruments, the procedure

26  for amending or abrogating covenants with the bondholders, and

27  such other covenants as may be deemed necessary or desirable

28  for the security of the bondholders.

29         Section 41.  Section 331.346, Florida Statutes, is

30  amended to read:

31  

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 1         331.346  Validity of bonds; validation

 2  proceedings.--Any bonds issued by Space Florida the authority

 3  shall be incontestable in the hands of bona fide purchasers or

 4  holders for value and shall not be invalid because of any

 5  irregularity or defect in the proceedings for the issue and

 6  sale thereof. Prior to the issuance of any bonds, Space

 7  Florida the authority shall publish a notice at least once in

 8  a newspaper or newspapers published or of general circulation

 9  in the appropriate counties in the state, stating the date of

10  adoption of the resolution authorizing such obligations, the

11  amount, maximum rate of interest, and maturity of such

12  obligations, and the purpose in general terms for which such

13  obligations are to be issued, and further stating that no

14  action or proceeding questioning the validity of such

15  obligations or of the proceedings authorizing the issuance

16  thereof, or of any covenants made therein, must be instituted

17  within 20 days after the first publication of such notice, or

18  the validity of such obligations, proceedings, and covenants

19  shall not be thereafter questioned in any court whatsoever. If

20  no such action or proceeding is so instituted within such

21  20-day period, then the validity of such obligations,

22  proceedings, and covenants shall be conclusive, and all

23  persons or parties whatsoever shall be forever barred from

24  questioning the validity of such obligations, proceedings, or

25  covenants in any court whatsoever.

26         Section 42.  Section 331.347, Florida Statutes, is

27  amended to read:

28         331.347  Act furnishes full authority for issuance of

29  bonds.--This act constitutes full and complete authority for

30  the issuance of bonds and the exercise of the powers of Space

31  Florida the authority provided herein. Any and all bonds

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 1  issued by Space Florida the authority shall not be secured by

 2  the full faith and credit of the State of Florida and do not

 3  constitute an obligation, either general or special, thereof.

 4         Section 43.  Section 331.348, Florida Statutes, is

 5  amended to read:

 6         331.348  Investment of funds.--The board may in its

 7  discretion invest funds of Space Florida the authority through

 8  the Chief Financial Officer or in:

 9         (1)  Direct obligations of or obligations guaranteed by

10  the United States or for the payment of the principal and

11  interest of which the faith and credit of the United States is

12  pledged;

13         (2)  Bonds or notes issued by any of the following

14  federal agencies: Bank for Cooperatives; federal intermediate

15  credit banks; federal home loan bank system; federal land

16  banks; or the Federal National Mortgage Association (including

17  debentures or participating certificates issued by such

18  association);

19         (3)  Public housing bonds issued by public housing

20  authorities and secured by a pledge or annual contributions

21  under an annual contribution contract or contracts with the

22  United States;

23         (4)  Bonds or other interest-bearing obligations of any

24  county, district, city, or town located in the state for which

25  the full faith and credit of such political subdivision is

26  pledged;

27         (5)  Any investment authorized for insurers by ss.

28  625.306-625.316 and amendments thereto; or

29         (6)  Any investment authorized under s. 17.57 and

30  amendments thereto.

31  

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 1         Section 44.  Section 331.349, Florida Statutes, is

 2  amended to read:

 3         331.349  Fiscal year of Space Florida the

 4  authority.--The board may has the power to establish and from

 5  time to time redetermine the fiscal year of Space Florida the

 6  authority. Unless the board otherwise provides, Space

 7  Florida's the authority's fiscal year shall be July 1 through

 8  June 30.

 9         Section 45.  Section 331.350, Florida Statutes, is

10  amended to read:

11         331.350  Insurance coverage of Space Florida the

12  authority; safety program.--

13         (1)  Notwithstanding any other provision of law, the

14  State Risk Management Trust Fund established under s. 284.30

15  may shall not insure buildings and property owned or leased by

16  Space Florida the authority.

17         (2)  Notwithstanding any other provision of law, the

18  State Risk Management Trust Fund established under s. 284.30

19  may shall not insure against any liability of Space Florida

20  the authority.

21         (3)  Space Florida The authority shall establish a

22  safety program. The safety program shall include:

23         (a)  The development and implementation of a loss

24  prevention program which shall consist of a comprehensive

25  authority wide safety program, including a statement,

26  established by the board of directors supervisors, of safety

27  policy and responsibility.

28         (b)  Provision for regular and periodic facility and

29  equipment inspections.

30  

31  

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 1         (c)  Investigation of job-related employee accidents

 2  and other accidents occurring on the premises of Space Florida

 3  the authority or within areas of its jurisdiction.

 4         (d)  Establishment of a program to promote increased

 5  safety awareness among employees, agents, and subcontractors

 6  of Space Florida the authority.

 7         (4)(a)  Space Florida The authority shall, if

 8  available, secure insurance coverage within reasonable limits

 9  for liability which may arise as a consequence of its

10  responsibilities.

11         (b)  Space Florida The authority shall, if available,

12  and if cost-effective, secure insurance coverage on its

13  buildings, facilities, and property at reasonable levels.

14         (c)  Space Florida The authority, with respect to the

15  purchase of insurance, shall be subject to the applicable

16  provisions of chapter 287 and other applicable law.

17         Section 46.  Section 331.351, Florida Statutes, is

18  amended to read:

19         331.351  Participation by women, minorities, and

20  socially and economically disadvantaged business enterprises

21  encouraged.--It is the intent of the Legislature and the

22  public policy of this state that women, minorities, and

23  socially and economically disadvantaged business enterprises

24  be encouraged to participate fully in all phases of economic

25  and community development. Accordingly, to achieve such

26  purpose, Space Florida the authority shall, in accordance with

27  applicable state and federal law, involve and utilize women,

28  minorities, and socially and economically disadvantaged

29  business enterprises in all phases of the design, development,

30  construction, maintenance, and operation of spaceports

31  developed under this act.

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 1         Section 47.  Section 331.354, Florida Statutes, is

 2  amended to read:

 3         331.354  Tax exemption.--The exercise of the powers

 4  granted by this act in all respects shall be for the benefit

 5  of the people of the state, for the increase of their industry

 6  and prosperity, for the improvement of their health and living

 7  conditions, and for the provision of gainful employment and

 8  shall constitute the performance of essential public

 9  functions. Space Florida is The authority shall not be

10  required to pay any taxes on any project or any other property

11  owned by Space Florida the authority under the provisions of

12  this act or upon the income therefrom. The bonds issued under

13  the provisions of this act or upon the income therefrom

14  (including any profit made on the sale thereof), and all

15  notes, mortgages, security agreements, letters of credit, or

16  other instruments which arise out of or are given to secure

17  the repayment of bonds issued in connection with a project

18  financed under this act, shall at all times be free from

19  taxation by the state or any local unit, political

20  subdivision, or other instrumentality of the state. Nothing in

21  This section, however, does not exempt shall be construed as

22  exempting from taxation or assessments the leasehold interest

23  of a lessee in any project or any other property or interest

24  owned by the lessee. The exemption granted by this section is

25  shall not be applicable to any tax imposed by chapter 220 on

26  interest, income, or profits on debt obligations owned by

27  corporations.

28         Section 48.  Section 331.355, Florida Statutes, is

29  amended to read:

30         331.355  Use of name; ownership rights to intellectual

31  property.--

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 1         (1)(a)  The corporate name of a corporation

 2  incorporated or authorized to transact business in this state,

 3  or the name of any person or business entity transacting

 4  business in this state, may not use the words "Florida Space

 5  Authority," "Florida Aerospace Finance Corporation," "Florida

 6  Space Research Institute," "spaceport Florida," or "Florida

 7  spaceport" in its name unless Space Florida the authority

 8  gives written approval for such use.

 9         (b)  The Department of State may dissolve, pursuant to

10  s. 607.1421, any corporation that violates paragraph (a).

11         (2)  Notwithstanding any provision of chapter 286, the

12  legal title and every right, interest, claim, or demand of any

13  kind in and to any patent, trademark, copyright, certification

14  mark, or other right acquired under the patent and trademark

15  laws of the United States or this state or any foreign

16  country, or the application for the same, as is owned or held,

17  acquired, or developed by Space Florida the authority, under

18  the authority and directions given it by this part, is vested

19  in Space Florida the authority for the use, benefit, and

20  purposes provided in this part. Space Florida The authority is

21  vested with and is authorized to exercise any and all of the

22  normal incidents of such ownership, including the receipt and

23  disposition of royalties. Any sums received as royalties from

24  any such rights are hereby appropriated to Space Florida the

25  authority for any and all of the purposes and uses provided in

26  this part.

27         Section 49.  Section 331.360, Florida Statutes, is

28  amended to read:

29         331.360  Joint project agreement or assistance;

30  spaceport master plan.--

31  

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 1         (1)  It shall be the duty, function, and responsibility

 2  of the Department of Transportation to promote the further

 3  development and improvement of aerospace transportation

 4  facilities; to address intermodal requirements and impacts of

 5  the launch ranges, spaceports, and other space transportation

 6  facilities; to assist in the development of joint-use

 7  facilities and technology that support aviation and aerospace

 8  operations; and to facilitate and promote cooperative efforts

 9  between federal and state government entities to improve space

10  transportation capacity and efficiency. In carrying out this

11  duty and responsibility, the department may assist and advise,

12  cooperate with, and coordinate with federal, state, local, or

13  private organizations and individuals. The department may

14  administratively house its space transportation

15  responsibilities within an existing division or office.

16         (2)  Notwithstanding any other provision of law, the

17  Department of Transportation may enter into a joint project

18  agreement with, or otherwise assist, the Florida Space Florida

19  Authority as necessary to effectuate the provisions of this

20  chapter and may allocate funds for such purposes in its 5-year

21  work program. However, the department may not fund the

22  administrative or operational costs of Space Florida the

23  authority.

24         (3)  Space Florida The authority shall develop a

25  spaceport master plan for expansion and modernization of space

26  transportation facilities within spaceport territories as

27  defined in s. 331.303(19) s. 331.303(23). The plan shall

28  contain recommended projects to meet current and future

29  commercial, national, and state space transportation

30  requirements. Space Florida The authority shall submit the

31  plan to any appropriate metropolitan planning organization

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 1  M.P.O. for review of intermodal impacts. Space Florida The

 2  authority shall submit the spaceport master plan to the

 3  Department of Transportation, and such plan may be included

 4  within the department's 5-year work program of qualifying

 5  aerospace discretionary capacity improvement under subsection

 6  (4). The plan shall identify appropriate funding levels and

 7  include recommendations on appropriate sources of revenue that

 8  may be developed to contribute to the State Transportation

 9  Trust Fund.

10         (4)  Subject to the availability of appropriated funds,

11  the department may participate in the capital cost of eligible

12  spaceport discretionary capacity improvement projects. The

13  annual legislative budget request shall be based on the

14  proposed funding requested for approved spaceport

15  discretionary capacity improvement projects.

16         Section 50.  Section 331.369, Florida Statutes, is

17  amended to read:

18         331.369  Space Industry Workforce Initiative.--

19         (1)  The Legislature finds that the aerospace space

20  industry is critical to the economic future of the state and

21  that the competitiveness of the industry in the state depends

22  upon the development and maintenance of a qualified workforce.

23  The Legislature further finds that the aerospace space

24  industry in this state has diverse and complex workforce

25  needs, including, but not limited to, the need for qualified

26  entry-level workers, the need to upgrade the skills of

27  technician-level incumbent workers, and the need to ensure

28  continuing education opportunities for workers with advanced

29  educational degrees. It is the intent of the Legislature to

30  support programs designed to address the workforce development

31  needs of the aerospace space industry in this state.

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 1         (2)  The Workforce Development Board of Enterprise

 2  Florida, Inc., or it successor entity, shall coordinate

 3  development of a Space Industry Workforce Initiative in

 4  partnership with Space Florida, the Florida Space Research

 5  Institute, the institute's consortium of public and private

 6  universities, community colleges, and other training providers

 7  approved by the board. The purpose of the initiative is to use

 8  or revise existing programs and to develop innovative new

 9  programs to address the workforce needs of the aerospace space

10  industry.

11         (3)  The initiative shall emphasize:

12         (a)  Curricula content and timeframes developed with

13  industry participation and endorsed by the industry;

14         (b)  Programs that certify persons completing training

15  as meeting industry-approved standards or competencies;

16         (c)  Use of distance-learning and computer-based

17  training modules as appropriate and feasible;

18         (d)  Industry solicitation of public and private

19  universities to develop continuing education programs at the

20  master's and doctoral levels;

21         (e)  Agreements with the National Aeronautics and Space

22  Administration to replicate on a national level successful

23  training programs developed through the initiative; and

24         (f)  Leveraging of state and federal workforce funds.

25         (4)  The Workforce Development Board of Enterprise

26  Florida, Inc., or its successor entity, with the assistance of

27  Space Florida the Florida Space Research Institute, shall

28  convene representatives from the aerospace space industry to

29  identify the priority training and education needs of the

30  industry and to appoint a team to design programs to meet the

31  such priority needs.

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 1         (5)  The Workforce Development Board of Enterprise

 2  Florida, Inc., or its successor entity, as part of its

 3  statutorily prescribed annual report to the Legislature, shall

 4  provide recommendations for policies, programs, and funding to

 5  enhance the workforce needs of the aerospace space industry.

 6         Section 51.  Paragraph (g) of subsection (2) of section

 7  14.2015, Florida Statutes, is amended to read:

 8         14.2015  Office of Tourism, Trade, and Economic

 9  Development; creation; powers and duties.--

10         (2)  The purpose of the Office of Tourism, Trade, and

11  Economic Development is to assist the Governor in working with

12  the Legislature, state agencies, business leaders, and

13  economic development professionals to formulate and implement

14  coherent and consistent policies and strategies designed to

15  provide economic opportunities for all Floridians. To

16  accomplish such purposes, the Office of Tourism, Trade, and

17  Economic Development shall:

18         (g)  Serve as contract administrator for the state with

19  respect to contracts with Enterprise Florida, Inc., the

20  Florida Commission on Tourism, Space Florida, and all

21  direct-support organizations under this act, excluding those

22  relating to tourism. To accomplish the provisions of this act

23  and applicable provisions of chapter 288, and notwithstanding

24  the provisions of part I of chapter 287, the office shall

25  enter into specific contracts with Enterprise Florida, Inc.,

26  the Florida Commission on Tourism, and other appropriate

27  direct-support organizations. Such contracts may be multiyear

28  and shall include specific performance measures for each year.

29         Section 52.  Section 74.011, Florida Statutes, is

30  amended to read:

31  

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 1         74.011  Scope.--In any eminent domain action, properly

 2  instituted by and in the name of the state; the Department of

 3  Transportation; any county, school board, municipality,

 4  expressway authority, regional water supply authority,

 5  transportation authority, flood control district, or drainage

 6  or subdrainage district; the ship canal authority; any

 7  lawfully constituted housing, port, or aviation authority; the

 8  Florida Space Authority; or any rural electric cooperative,

 9  telephone cooperative corporation, or public utility

10  corporation, the petitioner may avail itself of the provisions

11  of this chapter to take possession and title in advance of the

12  entry of final judgment.

13         Section 53.  Subsection (6) of section 196.012, Florida

14  Statutes, is amended to read:

15         196.012  Definitions.--For the purpose of this chapter,

16  the following terms are defined as follows, except where the

17  context clearly indicates otherwise:

18         (6)  Governmental, municipal, or public purpose or

19  function shall be deemed to be served or performed when the

20  lessee under any leasehold interest created in property of the

21  United States, the state or any of its political subdivisions,

22  or any municipality, agency, special district, authority, or

23  other public body corporate of the state is demonstrated to

24  perform a function or serve a governmental purpose which could

25  properly be performed or served by an appropriate governmental

26  unit or which is demonstrated to perform a function or serve a

27  purpose which would otherwise be a valid subject for the

28  allocation of public funds. For purposes of the preceding

29  sentence, an activity undertaken by a lessee which is

30  permitted under the terms of its lease of real property

31  designated as an aviation area on an airport layout plan which

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 1  has been approved by the Federal Aviation Administration and

 2  which real property is used for the administration, operation,

 3  business offices and activities related specifically thereto

 4  in connection with the conduct of an aircraft full service

 5  fixed base operation which provides goods and services to the

 6  general aviation public in the promotion of air commerce shall

 7  be deemed an activity which serves a governmental, municipal,

 8  or public purpose or function. Any activity undertaken by a

 9  lessee which is permitted under the terms of its lease of real

10  property designated as a public airport as defined in s.

11  332.004(14) by municipalities, agencies, special districts,

12  authorities, or other public bodies corporate and public

13  bodies politic of the state, a spaceport as defined in s.

14  331.303(16) s. 331.303(19), or which is located in a deepwater

15  port identified in s. 403.021(9)(b) and owned by one of the

16  foregoing governmental units, subject to a leasehold or other

17  possessory interest of a nongovernmental lessee that is deemed

18  to perform an aviation, airport, aerospace, maritime, or port

19  purpose or operation shall be deemed an activity that serves a

20  governmental, municipal, or public purpose. The use by a

21  lessee, licensee, or management company of real property or a

22  portion thereof as a convention center, visitor center, sports

23  facility with permanent seating, concert hall, arena, stadium,

24  park, or beach is deemed a use that serves a governmental,

25  municipal, or public purpose or function when access to the

26  property is open to the general public with or without a

27  charge for admission. If property deeded to a municipality by

28  the United States is subject to a requirement that the Federal

29  Government, through a schedule established by the Secretary of

30  the Interior, determine that the property is being maintained

31  for public historic preservation, park, or recreational

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 1  purposes and if those conditions are not met the property will

 2  revert back to the Federal Government, then such property

 3  shall be deemed to serve a municipal or public purpose. The

 4  term "governmental purpose" also includes a direct use of

 5  property on federal lands in connection with the Federal

 6  Government's Space Exploration Program or spaceport activities

 7  as defined in s. 212.02(22). Real property and tangible

 8  personal property owned by the Federal Government or Space

 9  Florida the Florida Space Authority and used for defense and

10  space exploration purposes or which is put to a use in support

11  thereof shall be deemed to perform an essential national

12  governmental purpose and shall be exempt. "Owned by the

13  lessee" as used in this chapter does not include personal

14  property, buildings, or other real property improvements used

15  for the administration, operation, business offices and

16  activities related specifically thereto in connection with the

17  conduct of an aircraft full service fixed based operation

18  which provides goods and services to the general aviation

19  public in the promotion of air commerce provided that the real

20  property is designated as an aviation area on an airport

21  layout plan approved by the Federal Aviation Administration.

22  For purposes of determination of "ownership," buildings and

23  other real property improvements which will revert to the

24  airport authority or other governmental unit upon expiration

25  of the term of the lease shall be deemed "owned" by the

26  governmental unit and not the lessee. Providing two-way

27  telecommunications services to the public for hire by the use

28  of a telecommunications facility, as defined in s. 364.02(15),

29  and for which a certificate is required under chapter 364 does

30  not constitute an exempt use for purposes of s. 196.199,

31  unless the telecommunications services are provided by the

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 1  operator of a public-use airport, as defined in s. 332.004,

 2  for the operator's provision of telecommunications services

 3  for the airport or its tenants, concessionaires, or licensees,

 4  or unless the telecommunications services are provided by a

 5  public hospital. However, property that is being used to

 6  provide such telecommunications services on or before October

 7  1, 1997, shall remain exempt, but such exemption expires

 8  October 1, 2004.

 9         Section 54.  Subsection (22) of section 212.02, Florida

10  Statutes, is amended to read:

11         212.02  Definitions.--The following terms and phrases

12  when used in this chapter have the meanings ascribed to them

13  in this section, except where the context clearly indicates a

14  different meaning:

15         (22)  "Spaceport activities" means activities directed

16  or sponsored by Space Florida the Florida Space Authority on

17  spaceport territory pursuant to its powers and

18  responsibilities under the Space Florida Act Florida Space

19  Authority Act.

20         Section 55.  Subsection (7) of section 288.063, Florida

21  Statutes, is amended to read:

22         288.063  Contracts for transportation projects.--

23         (7)  For the purpose of this section, Space Florida the

24  Florida Space Authority may serve as the local government or

25  as the contracting agency for transportation projects within

26  spaceport territory as defined by s. 331.304.

27         Section 56.  Subsection (1) of section 288.075, Florida

28  Statutes, is amended to read:

29         288.075  Confidentiality of records.--

30         (1)  As used in this section, the term "economic

31  development agency" means the Office of Tourism, Trade, and

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 1  Economic Development, any industrial development authority

 2  created in accordance with part III of chapter 159 or by

 3  special law, Space Florida the Florida Space Authority created

 4  in part II of chapter 331, the Florida Aerospace Finance

 5  Corporation created in part III of chapter 331, the public

 6  economic development agency of a county or municipality, or

 7  any research and development authority created in accordance

 8  with part V of chapter 159. The term also includes any private

 9  agency, person, partnership, corporation, or business entity

10  when authorized by the state, a municipality, or a county to

11  promote the general business interests or industrial interests

12  of the state or that municipality or county.

13         Section 57.  Subsection (2) of section 288.35, Florida

14  Statutes, is amended to read:

15         288.35  Definitions.--The following terms, wherever

16  used or referred to in this part, shall have the following

17  meanings:

18         (2)  "Government agency" means the state or any county

19  or political subdivision thereof; any state agency; any

20  consolidated government of a county, and some or all of the

21  municipalities located within the said county; any chartered

22  municipality in the state; and any of the institutions of such

23  consolidated governments, counties, or municipalities.

24  Specifically included are airports, port authorities,

25  industrial authorities, and Space Florida the Florida Space

26  Authority.

27         Section 58.  Subsection (2) of section 288.9415,

28  Florida Statutes, is amended to read:

29         288.9415  International Trade Grants.--

30         (2)  A county, municipality, economic development

31  council, Space Florida the Florida Space Authority, or a

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 1  not-for-profit association of businesses organized to assist

 2  in the promotion of international trade may apply for a grant

 3  of state funds for the promotion of international trade.

 4         Section 59.  Paragraph (j) of subsection (5) of section

 5  212.08, Florida Statutes, is amended to read:

 6         212.08  Sales, rental, use, consumption, distribution,

 7  and storage tax; specified exemptions.--The sale at retail,

 8  the rental, the use, the consumption, the distribution, and

 9  the storage to be used or consumed in this state of the

10  following are hereby specifically exempt from the tax imposed

11  by this chapter.

12         (5)  EXEMPTIONS; ACCOUNT OF USE.--

13         (j)  Machinery and equipment used in semiconductor,

14  defense, or space technology production and research and

15  development.--

16         1.a.  Industrial machinery and equipment used in

17  semiconductor technology facilities certified under

18  subparagraph 6. to manufacture, process, compound, or produce

19  semiconductor technology products for sale or for use by these

20  facilities are exempt from the tax imposed by this chapter.

21  For purposes of this paragraph, industrial machinery and

22  equipment includes molds, dies, machine tooling, other

23  appurtenances or accessories to machinery and equipment,

24  testing equipment, test beds, computers, and software, whether

25  purchased or self-fabricated, and, if self-fabricated,

26  includes materials and labor for design, fabrication, and

27  assembly.

28         b.  Industrial machinery and equipment used in defense

29  or space technology facilities certified under subparagraph 6.

30  to design, manufacture, assemble, process, compound, or

31  produce defense technology products or space technology

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 1  products for sale or for use by these facilities are exempt

 2  from 25 percent of the tax imposed by this chapter.

 3         2.a.  Machinery and equipment are exempt from the tax

 4  imposed by this chapter if used predominately in semiconductor

 5  wafer research and development activities in a semiconductor

 6  technology research and development facility certified under

 7  subparagraph 6. For purposes of this paragraph, machinery and

 8  equipment includes molds, dies, machine tooling, other

 9  appurtenances or accessories to machinery and equipment,

10  testing equipment, test beds, computers, and software, whether

11  purchased or self-fabricated, and, if self-fabricated,

12  includes materials and labor for design, fabrication, and

13  assembly.

14         b.  Machinery and equipment are exempt from 25 percent

15  of the tax imposed by this chapter if used predominately in

16  defense or space research and development activities in a

17  defense or space technology research and development facility

18  certified under subparagraph 6.

19         3.  Building materials purchased for use in

20  manufacturing or expanding clean rooms in

21  semiconductor-manufacturing facilities are exempt from the tax

22  imposed by this chapter.

23         4.  In addition to meeting the criteria mandated by

24  subparagraph 1., subparagraph 2., or subparagraph 3., a

25  business must be certified by the Office of Tourism, Trade,

26  and Economic Development as authorized in this paragraph in

27  order to qualify for exemption under this paragraph.

28         5.  For items purchased tax exempt pursuant to this

29  paragraph, possession of a written certification from the

30  purchaser, certifying the purchaser's entitlement to exemption

31  pursuant to this paragraph, relieves the seller of the

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 1  responsibility of collecting the tax on the sale of such

 2  items, and the department shall look solely to the purchaser

 3  for recovery of tax if it determines that the purchaser was

 4  not entitled to the exemption.

 5         6.a.  To be eligible to receive the exemption provided

 6  by subparagraph 1., subparagraph 2., or subparagraph 3., a

 7  qualifying business entity shall apply to Enterprise Florida,

 8  Inc. The application shall be developed by the Office of

 9  Tourism, Trade, and Economic Development in consultation with

10  Enterprise Florida, Inc.

11         b.  Enterprise Florida, Inc., shall review each

12  submitted application and information and determine whether or

13  not the application is complete within 5 working days. Once an

14  application is complete, Enterprise Florida, Inc., shall,

15  within 10 working days, evaluate the application and recommend

16  approval or disapproval of the application to the Office of

17  Tourism, Trade, and Economic Development.

18         c.  Upon receipt of the application and recommendation

19  from Enterprise Florida, Inc., the Office of Tourism, Trade,

20  and Economic Development shall certify within 5 working days

21  those applicants who are found to meet the requirements of

22  this section and notify the applicant, Enterprise Florida,

23  Inc., and the department of the certification. If the Office

24  of Tourism, Trade, and Economic Development finds that the

25  applicant does not meet the requirements of this section, it

26  shall notify the applicant and Enterprise Florida, Inc.,

27  within 10 working days that the application for certification

28  has been denied and the reasons for denial. The Office of

29  Tourism, Trade, and Economic Development has final approval

30  authority for certification under this section.

31  

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 1         7.a.  A business may apply once each year for the

 2  exemption.

 3         b.  The application must indicate, for program

 4  evaluation purposes only, the average number of full-time

 5  equivalent employees at the facility over the preceding

 6  calendar year, the average wage and benefits paid to those

 7  employees over the preceding calendar year, the total

 8  investment made in real and tangible personal property over

 9  the preceding calendar year, and the total value of tax-exempt

10  purchases and taxes exempted during the previous year. The

11  department shall assist the Office of Tourism, Trade, and

12  Economic Development in evaluating and verifying information

13  provided in the application for exemption.

14         c.  The Office of Tourism, Trade, and Economic

15  Development may use the information reported on the

16  application for evaluation purposes only and shall prepare an

17  annual report on the exemption program and its cost and

18  impact. The annual report for the preceding fiscal year shall

19  be submitted to the Governor, the President of the Senate, and

20  the Speaker of the House of Representatives by September 30 of

21  each fiscal year.

22         8.  A business certified to receive this exemption may

23  elect to designate one or more state universities or community

24  colleges as recipients of up to 100 percent of the amount of

25  the exemption for which they may qualify. To receive these

26  funds, the institution must agree to match the funds so earned

27  with equivalent cash, programs, services, or other in-kind

28  support on a one-to-one basis in the pursuit of research and

29  development projects as requested by the certified business.

30  The rights to any patents, royalties, or real or intellectual

31  property must be vested in the business unless otherwise

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 1  agreed to by the business and the university or community

 2  college.

 3         9.  As used in this paragraph, the term:

 4         a.  "Predominately" means at least 50 percent of the

 5  time in qualifying research and development.

 6         b.  "Research and development" means basic and applied

 7  research in the science or engineering, as well as the design,

 8  development, and testing, of prototypes or processes of new or

 9  improved products, including the design, development, and

10  testing of space launch vehicles, space flight vehicles,

11  missiles, satellites, or research payloads, avionics, and

12  associated control systems and processing systems, and

13  components of any of the foregoing. Research and development

14  does not include market research, routine consumer product

15  testing, sales research, research in the social sciences or

16  psychology, or similar nontechnological activities, or

17  technical services.

18         c.  "Semiconductor technology products" means raw

19  semiconductor wafers or semiconductor thin films that are

20  transformed into semiconductor memory or logic wafers,

21  including wafers containing mixed memory and logic circuits;

22  related assembly and test operations; active-matrix flat panel

23  displays; semiconductor chips; semiconductor lasers;

24  optoelectronic elements; and related semiconductor technology

25  products as determined by the Office of Tourism, Trade, and

26  Economic Development.

27         d.  "Clean rooms" means manufacturing facilities

28  enclosed in a manner that meets the clean manufacturing

29  requirements necessary for high-technology

30  semiconductor-manufacturing environments.

31  

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 1         e.  "Defense technology products" means products that

 2  have a military application, including, but not limited to,

 3  weapons, weapons systems, guidance systems, surveillance

 4  systems, communications or information systems, munitions,

 5  aircraft, vessels, or boats, or components thereof, which are

 6  intended for military use and manufactured in performance of a

 7  contract with the United States Department of Defense or the

 8  military branch of a recognized foreign government or a

 9  subcontract thereunder which relates to matters of national

10  defense.

11         f.  "Space technology products" means products that are

12  specifically designed or manufactured for application in space

13  activities, including, but not limited to, space launch

14  vehicles, space flight vehicles, missiles, satellites or

15  research payloads, avionics, and associated control systems

16  and processing systems and components of any of the foregoing.

17  The term does not include products that are designed or

18  manufactured for general commercial aviation or other uses

19  even though those products may also serve an incidental use in

20  space applications.

21         Section 60.  Paragraph (d) of subsection (6) of section

22  212.20, Florida Statutes, is amended to read:

23         212.20  Funds collected, disposition; additional powers

24  of department; operational expense; refund of taxes

25  adjudicated unconstitutionally collected.--

26         (6)  Distribution of all proceeds under this chapter

27  and s. 202.18(1)(b) and (2)(b) shall be as follows:

28         (d)  The proceeds of all other taxes and fees imposed

29  pursuant to this chapter or remitted pursuant to s.

30  202.18(1)(b) and (2)(b) shall be distributed as follows:

31  

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 1         1.  In any fiscal year, the greater of $500 million,

 2  minus an amount equal to 4.6 percent of the proceeds of the

 3  taxes collected pursuant to chapter 201, or 5 percent of all

 4  other taxes and fees imposed pursuant to this chapter or

 5  remitted pursuant to s. 202.18(1)(b) and (2)(b) shall be

 6  deposited in monthly installments into the General Revenue

 7  Fund.

 8         2.  Two-tenths of one percent shall be transferred to

 9  the Ecosystem Management and Restoration Trust Fund to be used

10  for water quality improvement and water restoration projects.

11         3.  After the distribution under subparagraphs 1. and

12  2., 8.814 percent of the amount remitted by a sales tax dealer

13  located within a participating county pursuant to s. 218.61

14  shall be transferred into the Local Government Half-cent Sales

15  Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to

16  be transferred pursuant to this subparagraph to the Local

17  Government Half-cent Sales Tax Clearing Trust Fund shall be

18  reduced by 0.1 percent, and the department shall distribute

19  this amount to the Public Employees Relations Commission Trust

20  Fund less $5,000 each month, which shall be added to the

21  amount calculated in subparagraph 4. and distributed

22  accordingly.

23         4.  After the distribution under subparagraphs 1., 2.,

24  and 3., 0.095 percent shall be transferred to the Local

25  Government Half-cent Sales Tax Clearing Trust Fund and

26  distributed pursuant to s. 218.65.

27         5.  After the distributions under subparagraphs 1., 2.,

28  3., and 4., 2.0440 percent of the available proceeds pursuant

29  to this paragraph shall be transferred monthly to the Revenue

30  Sharing Trust Fund for Counties pursuant to s. 218.215.

31  

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 1         6.  After the distributions under subparagraphs 1., 2.,

 2  3., and 4., 1.3409 percent of the available proceeds pursuant

 3  to this paragraph shall be transferred monthly to the Revenue

 4  Sharing Trust Fund for Municipalities pursuant to s. 218.215.

 5  If the total revenue to be distributed pursuant to this

 6  subparagraph is at least as great as the amount due from the

 7  Revenue Sharing Trust Fund for Municipalities and the former

 8  Municipal Financial Assistance Trust Fund in state fiscal year

 9  1999-2000, no municipality shall receive less than the amount

10  due from the Revenue Sharing Trust Fund for Municipalities and

11  the former Municipal Financial Assistance Trust Fund in state

12  fiscal year 1999-2000. If the total proceeds to be distributed

13  are less than the amount received in combination from the

14  Revenue Sharing Trust Fund for Municipalities and the former

15  Municipal Financial Assistance Trust Fund in state fiscal year

16  1999-2000, each municipality shall receive an amount

17  proportionate to the amount it was due in state fiscal year

18  1999-2000.

19         7.  Of the remaining proceeds:

20         a.  In each fiscal year, the sum of $29,915,500 shall

21  be divided into as many equal parts as there are counties in

22  the state, and one part shall be distributed to each county.

23  The distribution among the several counties shall begin each

24  fiscal year on or before January 5th and shall continue

25  monthly for a total of 4 months. If a local or special law

26  required that any moneys accruing to a county in fiscal year

27  1999-2000 under the then-existing provisions of s. 550.135 be

28  paid directly to the district school board, special district,

29  or a municipal government, such payment shall continue until

30  such time that the local or special law is amended or

31  repealed. The state covenants with holders of bonds or other

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    Florida Senate - 2006                           CS for SB 2580
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 1  instruments of indebtedness issued by local governments,

 2  special districts, or district school boards prior to July 1,

 3  2000, that it is not the intent of this subparagraph to

 4  adversely affect the rights of those holders or relieve local

 5  governments, special districts, or district school boards of

 6  the duty to meet their obligations as a result of previous

 7  pledges or assignments or trusts entered into which obligated

 8  funds received from the distribution to county governments

 9  under then-existing s. 550.135. This distribution specifically

10  is in lieu of funds distributed under s. 550.135 prior to July

11  1, 2000.

12         b.  The department shall distribute $166,667 monthly

13  pursuant to s. 288.1162 to each applicant that has been

14  certified as a "facility for a new professional sports

15  franchise" or a "facility for a retained professional sports

16  franchise" pursuant to s. 288.1162. Up to $41,667 shall be

17  distributed monthly by the department to each applicant that

18  has been certified as a "facility for a retained spring

19  training franchise" pursuant to s. 288.1162; however, not more

20  than $208,335 may be distributed monthly in the aggregate to

21  all certified facilities for a retained spring training

22  franchise. Distributions shall begin 60 days following such

23  certification and shall continue for not more than 30 years.

24  Nothing contained in this paragraph shall be construed to

25  allow an applicant certified pursuant to s. 288.1162 to

26  receive more in distributions than actually expended by the

27  applicant for the public purposes provided for in s.

28  288.1162(6). However, a certified applicant is entitled to

29  receive distributions up to the maximum amount allowable and

30  undistributed under this section for additional renovations

31  

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 1  and improvements to the facility for the franchise without

 2  additional certification.

 3         c.  Beginning 30 days after notice by the Office of

 4  Tourism, Trade, and Economic Development to the Department of

 5  Revenue that an applicant has been certified as the

 6  professional golf hall of fame pursuant to s. 288.1168 and is

 7  open to the public, $166,667 shall be distributed monthly, for

 8  up to 300 months, to the applicant.

 9         d.  Beginning 30 days after notice by the Office of

10  Tourism, Trade, and Economic Development to the Department of

11  Revenue that the applicant has been certified as the

12  International Game Fish Association World Center facility

13  pursuant to s. 288.1169, and the facility is open to the

14  public, $83,333 shall be distributed monthly, for up to 168

15  months, to the applicant. This distribution is subject to

16  reduction pursuant to s. 288.1169. A lump sum payment of

17  $999,996 shall be made, after certification and before July 1,

18  2000.

19         e.  Every dealer conducting business at a fixed

20  location at the Kennedy Space Center or Cape Canaveral Air

21  Force Station and selling admissions to the Kennedy Space

22  Center or Cape Canaveral Air Force Station, or any part of

23  either location, under a contract with the National

24  Aeronautics and Space Administration or under a subcontract to

25  such contract, shall file returns each month in accordance

26  with this sub-subparagraph. Each dealer must file a separate

27  return each month which reports, separately from any other

28  sales and use taxes due under this chapter, the sale of

29  admissions to the Kennedy Space Center or Cape Canaveral Air

30  Force Station or any part of the facilities or to any event

31  held at either location, together with sales at retail of

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 1  tangible personal property from such fixed place of business,

 2  and leases and licenses by the dealer at the Kennedy Space

 3  Center or Cape Canaveral Air Force Station taxable under s.

 4  212.031, and the taxes collected by the dealer with respect to

 5  such admissions, leases, licenses, and sales. All amounts due

 6  under this chapter with respect to these transactions shall be

 7  timely remitted to the department. The dealer shall

 8  simultaneously file a copy of the return with Space Florida

 9  and a copy with the director of the Office of Tourism, Trade,

10  and Economic Development, all of which return copies and

11  information contained in such copies are subject to the same

12  confidentiality provisions as are applicable to returns and

13  information filed with the department under s. 213.053. Each

14  month the department shall distribute to Space Florida all

15  such proceeds collected and remitted to the department as

16  shown on the returns required by this sub-subparagraph.

17  However, the monthly distributions may not include proceeds of

18  discretionary surtaxes due under this chapter. The proceeds of

19  the monthly distributions shall be expended for aerospace

20  education projects and aerospace business development projects

21  authorized in s. 331.3051. If the department collects any

22  additional amounts under this chapter with respect to any

23  transactions for which a separate return is required by this

24  sub-subparagraph, no later than 30 days after the collection,

25  the proceeds shall be distributed by the department to Space

26  Florida for the uses specified in this sub-subparagraph. This

27  sub-subparagraph does not affect any dealer's liability for

28  other taxes imposed by and due under this chapter.

29         8.  All other proceeds shall remain with the General

30  Revenue Fund.

31  

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 1         Section 61.  Section 1004.86, Florida Statutes, is

 2  created to read:

 3         1004.86  Florida Center for Mathematics and Science

 4  Education Research.--

 5         (1)  The Department of Education shall establish at a

 6  public state university the Florida Center for Mathematics and

 7  Science Education Research to increase student achievement in

 8  science and mathematics. The center shall:

 9         (a)  Provide technical assistance and support to school

10  districts and schools in the development and implementation of

11  mathematics and science instruction.

12         (b)  Conduct applied research on policy and practices

13  related to mathematics and science instruction and assessment

14  in the state.

15         (c)  Conduct or compile basic research regarding

16  student acquisition of mathematics and science knowledge and

17  skills.

18         (d)  Develop comprehensive course frameworks for

19  mathematics and science courses that emphasize rigor and

20  relevance at the elementary, middle, and high school levels.

21         (e)  Disseminate information regarding research-based

22  teaching practices in mathematics and science to teachers and

23  teacher educators in the state.

24         (f)  Collect, manage, and report on assessment

25  information regarding student achievement in mathematics and

26  science.

27         (g)  Establish partnerships with state universities,

28  community colleges, and school districts.

29         (h)  Collaborate with the Florida Center for Reading

30  Research in order to provide research-based practices that

31  

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 1  integrate the teaching of reading within mathematics and

 2  sciences courses.

 3         (2)  The department shall monitor this center through

 4  the Division of K-12 Public Schools.

 5         Section 62.  Sections 331.314, 331.367, 331.368,

 6  331.401, 331.403, 331.405, 331.407, 331.409, 331.411, 331.415,

 7  331.417, and 331.419, Florida Statutes, are repealed.

 8         Section 63.  The Florida Space Authority, the Florida

 9  Space Research Institute, and the Florida Aerospace Finance

10  Corporation are dissolved effective September 1, 2006. Space

11  Florida, as created by this act, is the successor organization

12  to, and as such shall assume the records, property,

13  obligations, and unexpended balances of appropriations,

14  allocations, or other funds of, the Florida Space Authority,

15  the Florida Space Research Institute, and the Florida

16  Aerospace Finance Corporation.

17         Section 64.  The Governor, the President of the Senate,

18  and the Speaker of the House of Representatives shall appoint

19  the board of directors of Space Florida no later than July 1,

20  2006. The board of directors of Space Florida shall hold its

21  first meeting no later than August 1, 2006. The board of

22  directors of Space Florida shall appoint a president no later

23  than September 1, 2006. The Executive Office of the Governor

24  shall provide staffing, and transitional support to Space

25  Florida until December 31, 2006.

26         Section 65.  Subsection (12) is added to section

27  288.1224, Florida Statutes, to read:

28         288.1224  Powers and duties.--The commission:

29         (12)  Shall enter into agreement with Space Florida and

30  Enterprise Florida, Inc., to develop a public advertising

31  

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 1  program promoting aerospace-related activities, businesses, or

 2  any Space Florida project.

 3         Section 66.  Subsections (7) and (8) are added to

 4  section 288.9015, Florida Statutes, to read:

 5         288.9015  Enterprise Florida, Inc.; purpose; duties.--

 6         (7)  Enterprise Florida, Inc., shall enter into

 7  agreement with Space Florida to:

 8         (a)  Develop a plan to retain, expand, attract, and

 9  create aerospace industry entities, public or private, which

10  result in the creation of high-value-added businesses and jobs

11  in this state; and

12         (b)  Develop a plan to assist in the financing of

13  aerospace businesses.

14         (8)  Enterprise Florida, Inc., shall enter into

15  agreement with Space Florida and the Florida Commission on

16  Tourism and its direct-support organization to develop a

17  public advertising program promoting aerospace-related

18  activities, businesses, and any Space Florida project.

19         Section 67.  Subsection (12) is added to section

20  445.004, Florida Statutes, to read:

21         445.004  Workforce Florida, Inc.; creation; purpose;

22  membership; duties and powers.--

23         (12)  Workforce Florida, Inc., shall enter into

24  agreement with Space Florida, and collaborate with Florida

25  vocational institutes, community colleges, colleges, and

26  universities, to develop a workforce development strategy to

27  implement s. 331.3051.

28         Section 68.  Section 1001.10, Florida Statutes, is

29  amended to read:

30         1001.10  Commissioner of Education; general powers and

31  duties.--The Commissioner of Education is the chief

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 1  educational officer of the state, and is responsible for

 2  giving full assistance to the State Board of Education in

 3  enforcing compliance with the mission and goals of the

 4  seamless K-20 education system. To facilitate innovative

 5  practices and to allow local selection of educational methods,

 6  the State Board of Education may authorize the commissioner to

 7  waive, upon the request of a district school board, State

 8  Board of Education rules that relate to district school

 9  instruction and school operations, except those rules

10  pertaining to civil rights, and student health, safety, and

11  welfare. The Commissioner of Education is not authorized to

12  grant waivers for any provisions in rule pertaining to the

13  allocation and appropriation of state and local funds for

14  public education; the election, compensation, and organization

15  of school board members and superintendents; graduation and

16  state accountability standards; financial reporting

17  requirements; reporting of out-of-field teaching assignments

18  under s. 1012.42; public meetings; public records; or due

19  process hearings governed by chapter 120. No later than

20  January 1 of each year, the commissioner shall report to the

21  Legislature and the State Board of Education all approved

22  waiver requests in the preceding year. Additionally, the

23  commissioner has the following general powers and duties:

24         (1)  To appoint staff necessary to carry out his or her

25  powers and duties.

26         (2)  To advise and counsel with the State Board of

27  Education on all matters pertaining to education; to recommend

28  to the State Board of Education actions and policies as, in

29  the commissioner's opinion, should be acted upon or adopted;

30  and to execute or provide for the execution of all acts and

31  policies as are approved.

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 1         (3)  To keep such records as are necessary to set forth

 2  clearly all acts and proceedings of the State Board of

 3  Education.

 4         (4)  To have a seal for his or her office with which,

 5  in connection with his or her own signature, the commissioner

 6  shall authenticate true copies of decisions, acts, or

 7  documents.

 8         (5)  To recommend to the State Board of Education

 9  policies and steps designed to protect and preserve the

10  principal of the State School Fund; to provide an assured and

11  stable income from the fund; to execute such policies and

12  actions as are approved; and to administer the State School

13  Fund.

14         (6)  To take action on the release of mineral rights

15  based upon the recommendations of the Board of Trustees of the

16  Internal Improvement Trust Fund.

17         (7)  To submit to the State Board of Education, on or

18  before August 1 of each year, recommendations for a

19  coordinated K-20 education budget that estimates the

20  expenditures for the State Board of Education, including the

21  Department of Education, the Commissioner of Education, and

22  all of the boards, institutions, agencies, and services under

23  the general supervision of the State Board of Education for

24  the ensuing fiscal year. Any program recommended to the State

25  Board of Education that will require increases in state

26  funding for more than 1 year must be presented in a multiyear

27  budget plan.

28         (8)  To develop and implement a plan for cooperating

29  with the Federal Government in carrying out any or all phases

30  of the educational program and to recommend policies for

31  

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 1  administering funds that are appropriated by Congress and

 2  apportioned to the state for any or all educational purposes.

 3         (9)  To develop and implement policies for cooperating

 4  with other public agencies in carrying out those phases of the

 5  program in which such cooperation is required by law or is

 6  deemed by the commissioner to be desirable and to cooperate

 7  with public and nonpublic agencies in planning and bringing

 8  about improvements in the educational program.

 9         (10)  To prepare forms and procedures as are necessary

10  to be used by district school boards and all other educational

11  agencies to assure uniformity, accuracy, and efficiency in the

12  keeping of records, the execution of contracts, the

13  preparation of budgets, or the submission of reports; and to

14  furnish at state expense, when deemed advisable by the

15  commissioner, those forms that can more economically and

16  efficiently be provided.

17         (11)  To implement a program of school improvement and

18  education accountability designed to provide all students the

19  opportunity to make adequate learning gains in each year of

20  school as provided by statute and State Board of Education

21  rule based upon the achievement of the state education goals,

22  recognizing the following:

23         (a)  The State Board of Education is the body corporate

24  responsible for the supervision of the system of public

25  education.

26         (b)  The district school board is responsible for

27  school and student performance.

28         (c)  The individual school is the unit for education

29  accountability.

30  

31  

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 1         (d)  The community college board of trustees is

 2  responsible for community college performance and student

 3  performance.

 4         (e)  The university board of trustees is responsible

 5  for university performance and student performance.

 6         (12)  To establish a Citizen Information Center

 7  responsible for the preparation, publication, and distribution

 8  of materials relating to the state system of seamless K-20

 9  public education.

10         (13)  To prepare and publish annually reports giving

11  statistics and other useful information pertaining to the

12  Opportunity Scholarship Program.

13         (14)  To have printed or electronic copies of school

14  laws, forms, instruments, instructions, and rules of the State

15  Board of Education and provide for their distribution.

16         (15)  To develop criteria for use by state

17  instructional materials committees in evaluating materials

18  submitted for adoption consideration. The criteria shall, as

19  appropriate, be based on instructional expectations reflected

20  in curriculum frameworks and student performance standards.

21  The criteria for each subject or course shall be made

22  available to publishers of instructional materials pursuant to

23  the requirements of chapter 1006.

24         (16)  To prescribe procedures for evaluating

25  instructional materials submitted by publishers and

26  manufacturers in each adoption.

27         (17)  To enter into agreement with Space Florida to

28  develop innovative aerospace-related education programs that

29  promote mathematics and science education for grades K-20.

30  

31  

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 1  The commissioner's office shall operate all statewide

 2  functions necessary to support the State Board of Education

 3  and the K-20 education system, including strategic planning

 4  and budget development, general administration, and assessment

 5  and accountability.

 6         Section 69.  Subsection (33) is added to section

 7  334.044, Florida Statutes, to read:

 8         334.044  Department; powers and duties.--The department

 9  shall have the following general powers and duties:

10         (33)  To enter into agreement with Space Florida to

11  coordinate and cooperate in the development of spaceport

12  infrastructure and related transportation facilities contained

13  in the Strategic Intermodal System Plan and, where

14  appropriate, encourage the cooperation and integration of

15  airports and spaceports in order to meet

16  transportation-related needs.

17         Section 70.  This act shall take effect upon becoming a

18  law.

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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    Florida Senate - 2006                           CS for SB 2580
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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 2580

 3                                 

 4  The committee substitute differs from the bill in the
    following ways:
 5  
    -    Requires Space Florida to enter into agreements, rather
 6       than Memoranda of Agreements, with Enterprise Florida,
         Inc., the Department of Education, the Department of
 7       Transportation, the Florida Commission on Tourism, and
         Workforce Florida, Inc., for purposes of carrying out the
 8       provisions of the act;

 9  -    Requires Space Florida to submit a performance report to
         the Governor and Legislature by December 31 of each year;
10  
    -    Requires Space Florida to maintain its offices in close
11       proximity to Kennedy Space Center;

12  -    Requires the board of directors to have eight, rather
         than seven, members from the private sector, one of which
13       must represent organized labor; and

14  -    Authorizes Space Florida to create, form, or acquire
         entities to provide financial services to support
15       aerospace-related business development in Florida.

16  -    Provides that sales tax revenue collected by businesses
         at Kennedy Space Center may be expended for aerospace
17       business development projects.

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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