Senate Bill sb2580c1
CODING: Words stricken are deletions; words underlined are additions.
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
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
6
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
7
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
8
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
9
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
10
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
11
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
12
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
13
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
14
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
15
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
16
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
25
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
35
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
36
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
37
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
38
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
39
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
40
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
41
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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;
42
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
43
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
44
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
45
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
46
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
47
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
48
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
49
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
50
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
51
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
52
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
53
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
54
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
55
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
56
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
57
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
58
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
59
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
60
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
61
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
62
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.--
63
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
64
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
65
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
66
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
67
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
68
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
69
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
70
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
71
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
72
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
73
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
74
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
75
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
76
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
77
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
78
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
79
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
80
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
81
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
82
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
83
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
84
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
85
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
86
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
87
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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.
88
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
89
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
90
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
91
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
92
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 CS for SB 2580
577-2058-06
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
93
CODING: Words stricken are deletions; words underlined are additions.