1 | A bill to be entitled |
2 | An act relating to aerospace; amending s. 331.301, F.S.; |
3 | revising a short title; amending s. 331.302, F.S.; |
4 | changing the name of the Florida Space Authority to Space |
5 | Florida; revising responsibilities of Space Florida; |
6 | amending s. 331.303, F.S.; revising definitions; amending |
7 | s. 331.305, F.S., revising powers of Space Florida; |
8 | repealing s. 331.307, F.S., relating to the development of |
9 | a Cape San Blas spaceport facility; amending s. 331.308, |
10 | F.S.; revising membership of the board of supervisors; |
11 | amending s. 331.310, F.S.; revising powers of the board of |
12 | supervisors; amending s. 331.355, F.S.; revising |
13 | requirements for use of names; amending s. 331.367, F.S.; |
14 | changing the name of the Spaceport Management Council to |
15 | the Space Florida Management Council; expanding |
16 | recommendation requirements; revising the composition of |
17 | the council's executive board; specifying membership of |
18 | the Space Industry Committee; amending s. 331.368, F.S.; |
19 | revising membership and duties of the Florida Space |
20 | Research Institute board; authorizing the institute to |
21 | develop a proposal for a Center of Excellence for |
22 | Aerospace for certain purposes; revising responsibilities |
23 | of the institute; requiring the institute to establish a |
24 | Center for Mathematics and Science Education Research at a |
25 | state university; creating s. 331.370, F.S.; directing the |
26 | Office of Program Policy Analysis and Government |
27 | Accountability to conduct a program evaluation of certain |
28 | entities; specifying evaluation requirements; requiring a |
29 | report to the Governor and Legislature; amending s. |
30 | 331.405, F.S.; revising definitions; amending s. 331.407, |
31 | F.S.; providing additional authority of the Florida |
32 | Aerospace Finance Corporation; amending s. 212.20, F.S.; |
33 | requiring certain dealers to file monthly reports of |
34 | certain sales tax collections with the Department of |
35 | Revenue and the Florida Aerospace Finance Corporation; |
36 | requiring the Department of Revenue to distribute certain |
37 | sales and use tax revenues to the corporation; providing |
38 | an exception; creating s. 1004.86, F.S.; requiring the |
39 | Department of Education to establish the Florida Center |
40 | for Mathematics and Science Education Research at a state |
41 | university; specifying requirements for the center; |
42 | requiring the department to monitor the center; amending |
43 | ss. 74.011, 196.012, 212.02, 288.063, 288.075, 288.35, |
44 | 288.9415, 331.306, 331.309, 331.3101, 331.311, 331.312, |
45 | 331.313, 331.314, 331.315, 331.316, 331.317, 331.318, |
46 | 331.321, 331.322, 331.323, 331.324, 331.325, 331.326, |
47 | 331.327, 331.328, 331.329, 331.331, 331.333, 331.334, |
48 | 331.335, 331.336, 331.337, 331.338, 331.339, 331.340, |
49 | 331.343, 331.345, 331.346, 331.347, 331.348, 331.349, |
50 | 331.350, 331.351, 331.354, 331.360, and 331.411, F.S.; |
51 | conforming provisions and cross-references; providing an |
52 | effective date. |
53 |
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54 | Be It Enacted by the Legislature of the State of Florida: |
55 |
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56 | Section 1. Section 331.301, Florida Statutes, is amended |
57 | to read: |
58 | 331.301 Short title.--This act may be cited as the "Space |
59 | Florida Space Authority Act." |
60 | Section 2. Subsections (2), (3), and (4) of section |
61 | 331.302, Florida Statutes, are amended to read: |
62 | 331.302 Space Florida Space Authority; creation; |
63 | purpose.-- |
64 | (2) There is hereby established, formed, and created Space |
65 | Florida the Florida Space Authority, which is created and |
66 | incorporated as a public corporation, body politic, and |
67 | subdivision of the state to establish facilities or |
68 | complementary activities to enhance and provide commercial |
69 | space-related development opportunities for business, education, |
70 | and government, and which shall have all the powers, rights, |
71 | privileges, and authority as provided under the laws of this |
72 | state. |
73 | (3) It shall be the purpose, function, and responsibility |
74 | of Space Florida the Florida Space Authority to develop a |
75 | strategy for and implement the acceleration of space-related |
76 | economic growth and educational development within the state. |
77 | Projects in the state shall include the space business |
78 | incubators, space tourism activities and centers, educational |
79 | involvement in business incubators, and the Spaceport Florida |
80 | launch centers. It shall be Space Florida's the authority's |
81 | purpose, function, and responsibility to provide projects in the |
82 | state which will develop and improve the entrepreneurial |
83 | atmosphere, to provide coordination among space businesses, |
84 | Florida universities, space tourism, and the Spaceport Florida |
85 | launch centers, and to provide activities designed to stimulate |
86 | the development of space commerce. In carrying out these duties |
87 | and responsibilities, Space Florida the authority may advise and |
88 | cooperate with municipalities, counties, regional authorities, |
89 | state agencies and organizations, appropriate federal agencies |
90 | and organizations, and other interested persons and groups. |
91 | (4) It is the intent of the Legislature that Space Florida |
92 | the Florida Space Authority shall not be considered an "agency" |
93 | as defined in ss. 216.011 and 287.012. |
94 | Section 3. Subsections (1), (2), (3), (4), (6), (7), (8), |
95 | (9), (11), (12), (16), (17), (19), (20), (22), and (25) of |
96 | section 331.303, Florida Statutes, are amended to read: |
97 | 331.303 Definitions.-- |
98 | (1) "Aerospace industry" means the industry concerned with |
99 | the design and manufacture of aircraft, rockets, missiles, |
100 | spacecraft, satellites, space vehicles, space stations, or space |
101 | facilities, and related components, equipment, systems, |
102 | facilities, simulators, programs, and activities, including the |
103 | application of aerospace technologies in air-based, land-based, |
104 | and sea-based platforms for commercial, civil, and defense |
105 | purposes "Authority" means the Florida Space Authority created |
106 | by this act. |
107 | (2) "Board" or "board of supervisors" means the governing |
108 | body of Space Florida the authority. |
109 | (3) "Bonds" means revenue bonds, assessment bonds, or |
110 | other bonds or obligations issued by Space Florida the authority |
111 | for the purpose of raising financing for its projects. |
112 | (4) "Business client" means any person, other than a state |
113 | official or state employee, who receives the services of, or is |
114 | the subject of solicitation by, representatives of Space Florida |
115 | the authority in connection with the performance of its |
116 | statutory duties, including purchasers or prospective purchasers |
117 | of Space Florida authority services, persons or representatives |
118 | of firms considering or being solicited for investment in Space |
119 | Florida authority projects, persons or representatives of firms |
120 | considering or being solicited for location, relocation, or |
121 | expansion of a space-related business within the state, and |
122 | business, financial, or other persons connected with the space |
123 | industry. |
124 | (6) "Conduit bond" means any bond of Space Florida the |
125 | authority which is a nonrecourse obligation of Space Florida the |
126 | authority payable from the proceeds of such bonds and related |
127 | financing agreements. |
128 | (7) "Cost" means all costs, fees, charges, expenses, and |
129 | amounts associated with the development of projects by Space |
130 | Florida the authority. |
131 | (8) "Entertainment expenses" means the actual, necessary, |
132 | and reasonable costs of providing hospitality for business |
133 | clients or guests, which costs are defined and prescribed by |
134 | rules adopted by Space Florida the authority, subject to |
135 | approval by the Chief Financial Officer. |
136 | (9) "Federal aid" means any property, funding, or other |
137 | financial assistance provided by the Federal Government to Space |
138 | Florida the authority for its projects. |
139 | (11) "Guest" means a person, other than a state official |
140 | or state employee, authorized by the board or its designee to |
141 | receive the hospitality of Space Florida the authority in |
142 | connection with the performance of its statutory duties. |
143 | (12) "Landing area" means the geographical area designated |
144 | by Space Florida the authority within the spaceport territory |
145 | for or intended for the landing and surface maneuvering of any |
146 | launch or other space vehicle. |
147 | (16) "Project" means any development, improvement, |
148 | property, launch, utility, facility, system, works, road, |
149 | sidewalk, enterprise, service, or convenience, which may include |
150 | coordination with Enterprise Florida, Inc., the Department Board |
151 | of Education, the Florida Aerospace Finance Corporation, and the |
152 | Florida Space Research Institute; any rocket, capsule, module, |
153 | launch facility, assembly facility, operations or control |
154 | facility, tracking facility, administrative facility, or any |
155 | other type of space-related transportation vehicle, station, or |
156 | facility; any type of equipment or instrument to be used or |
157 | useful in connection with any of the foregoing; any type of |
158 | intellectual property and intellectual property protection in |
159 | connection with any of the foregoing including, without |
160 | limitation, any patent, copyright, trademark, and service mark |
161 | for, among other things, computer software; any water, |
162 | wastewater, gas, or electric utility system, plant, or |
163 | distribution or collection system; any small business incubator |
164 | initiative, including any startup aerospace company, research |
165 | and development company, research and development facility, |
166 | education and workforce training facility, storage facility, and |
167 | consulting service; or any tourism initiative, including any |
168 | space experience attraction, space-launch-related activity, and |
169 | space museum sponsored or promoted by Space Florida the |
170 | authority. |
171 | (17) "Range" means the geographical area designated by |
172 | Space Florida the authority or other appropriate body as the |
173 | area for the launching of rockets, missiles, launch vehicles, |
174 | and other vehicles designed to reach high altitude. |
175 | (19) "Spaceport" means any area of land or water, or any |
176 | manmade object or facility located therein, developed by Space |
177 | Florida the authority under this act, which area is intended for |
178 | public use or for the launching, takeoff, and landing of |
179 | spacecraft and aircraft, and includes any appurtenant areas |
180 | which are used or intended for public use, for spaceport |
181 | buildings, or for other spaceport facilities, spaceport |
182 | projects, or rights-of-way. |
183 | (20) "Spaceport Florida" means Space Florida the authority |
184 | or its facilities and projects. |
185 | (22) "Spaceport system" means the programs, organizations, |
186 | and infrastructure developed by Space Florida the authority for |
187 | the development of facilities or activities to enhance and |
188 | provide commercial space-related development opportunities for |
189 | business, education, and government within the state. |
190 | (25) "Travel expenses" means the actual, necessary, and |
191 | reasonable costs of transportation, meals, lodging, and |
192 | incidental expenses normally incurred by a traveler, which costs |
193 | are defined and prescribed by rules adopted by Space Florida the |
194 | authority, subject to approval by the Chief Financial Officer. |
195 | Section 4. Section 331.305, Florida Statutes, is amended |
196 | to read: |
197 | 331.305 Powers of Space Florida the authority.--Space |
198 | Florida may The authority shall have the power to: |
199 | (1) Exercise all powers granted to corporations under the |
200 | Florida Business Corporation Act, chapter 607. |
201 | (2) Sue and be sued by its name in any court of law or in |
202 | equity. |
203 | (3) Adopt and use a corporate seal and alter the same at |
204 | pleasure. |
205 | (4) Review and make recommendations with respect to a |
206 | strategy to guide and facilitate the future of space-related |
207 | educational and commercial development. Space Florida The |
208 | authority shall in coordination with the Federal Government, |
209 | private industry, and Florida universities develop a business |
210 | plan which shall address the expansion of Spaceport Florida |
211 | locations, space launch capacity, spaceport projects, and |
212 | complementary activities, which shall include, but not be |
213 | limited to, a detailed analysis of: |
214 | (a) Space Florida The authority and the commercial space |
215 | industry. |
216 | (b) Products, services description--potential, |
217 | technologies, skills. |
218 | (c) Market research and evaluation--customers, |
219 | competition, economics. |
220 | (d) Marketing plan and strategy. |
221 | (e) Design and development plan--tasks, difficulties, |
222 | costs. |
223 | (f) Manufacturing locations, facilities, and operations |
224 | plan. |
225 | (g) Management organization--roles and responsibilities. |
226 | (h) Overall schedule (monthly). |
227 | (i) Important risks, assumptions, and problems. |
228 | (j) Community impact--economic, human development, |
229 | community development. |
230 | (k) Financial plan (monthly for first year; quarterly for |
231 | next 3 years). |
232 | (l) Proposed Space Florida authority offering--financing, |
233 | capitalization, use of funds. |
234 | (5) Acquire property, real, personal, intangible, |
235 | tangible, or mixed, within or without its territorial limits, in |
236 | fee simple or any lesser interest or estate, by purchase, gift, |
237 | devise, or lease, on such terms and conditions as the board may |
238 | deem necessary or desirable, and sell or otherwise dispose of |
239 | the same and of any of the assets and properties of Space |
240 | Florida the authority. |
241 | (6) Make and execute any and all contracts and other |
242 | instruments necessary or convenient to the exercise of its |
243 | powers, including financing agreements with persons or spaceport |
244 | users to facilitate the financing, construction, leasing, or |
245 | sale of any project. |
246 | (7) Whenever deemed necessary by the board, lease as |
247 | lessor or lessee to or from any person, public or private, any |
248 | facilities or property for the use of Space Florida the |
249 | authority and carry out any of the purposes of Space Florida the |
250 | authority. |
251 | (8) Appoint, through its board of supervisors, an |
252 | executive director. |
253 | (9) Own, acquire, construct, develop, create, reconstruct, |
254 | equip, operate, maintain, extend, and improve launch pads, |
255 | landing areas, ranges, payload assembly buildings, payload |
256 | processing facilities, laboratories, space business incubators, |
257 | launch vehicles, payloads, space flight hardware, facilities and |
258 | equipment for the construction of payloads, space flight |
259 | hardware, rockets, and other launch vehicles, and other |
260 | spaceport facilities and other space-related systems, including |
261 | educational, cultural, and parking facilities and space-related |
262 | initiatives. |
263 | (10) Undertake a program of advertising to the public |
264 | promoting space-related businesses or any spaceport projects of |
265 | Space Florida the authority, and expend moneys and undertake |
266 | such activities to carry out such advertising and promotional |
267 | program as the board from time to time may determine. |
268 | (11) Own, acquire, construct, reconstruct, equip, operate, |
269 | maintain, extend, and improve transportation facilities |
270 | appropriate to meet the transportation requirements of Space |
271 | Florida the authority and activities conducted within the |
272 | spaceport territory. |
273 | (12) Own, acquire, construct, reconstruct, equip, operate, |
274 | maintain, extend, and improve electric power plants, |
275 | transmission lines and related facilities, gas mains and |
276 | facilities of any nature for the production or distribution of |
277 | natural gas, transmission lines and related facilities and |
278 | plants and facilities for the generation and transmission of |
279 | power through traditional and new and experimental sources of |
280 | power and energy; purchase electric power, natural gas, and |
281 | other sources of power for distribution within any spaceport |
282 | territory; develop and operate water and sewer systems and waste |
283 | collection and disposal consistent with chapter 88-130, Laws of |
284 | Florida; and develop and operate such new and experimental |
285 | public utilities, including, but not limited to, centrally |
286 | distributed heating and air-conditioning facilities and |
287 | services, closed-circuit television systems, and computer |
288 | services and facilities, as the board may from time to time |
289 | determine. However, Space Florida the authority shall not |
290 | construct any system, work, project, or utility authorized to be |
291 | constructed under this paragraph in the event that a system, |
292 | work, project, or utility of a similar character is being |
293 | actually operated by a municipality or private company in the |
294 | municipality or territory adjacent thereto, unless such |
295 | municipality or private company consents to such construction. |
296 | (13) Designate, set aside, and maintain lands and areas |
297 | within or without the territorial limits of any spaceport |
298 | territory as conservation areas or bird and wildlife |
299 | sanctuaries; stock such areas with animal and plant life and |
300 | stock water areas with fish and other aquatic life; promulgate |
301 | and enforce rules and regulations with respect thereto and |
302 | protect and preserve the natural beauty thereof; and do all acts |
303 | necessary or desirable in order to qualify such lands and areas |
304 | as conservation areas and sanctuaries under any of the laws of |
305 | the state or under federal law. |
306 | (14) Establish a program for the control, abatement, and |
307 | elimination of mosquitoes and other noxious insects, rodents, |
308 | reptiles, and other pests throughout the spaceport territory and |
309 | undertake such works and construct such facilities within or |
310 | without the spaceport territory as may be determined by the |
311 | board to be needed to effectuate such program; abate and |
312 | suppress mosquitoes and other arthropods, whether disease- |
313 | bearing or pestiferous, within any spaceport territory when in |
314 | the judgment of the board such action is necessary or desirable |
315 | for the health and welfare of the inhabitants of or visitors to |
316 | any spaceport; and take any and all temporary or permanent |
317 | eliminative measures that the board may deem advisable. The |
318 | Legislature hereby finds and declares Space Florida the |
319 | authority eligible to receive state funds, supplies, services, |
320 | and equipment available or that may in the future become |
321 | available to mosquito or pest control districts, the provisions |
322 | of s. 388.021 notwithstanding. |
323 | (15) Subject to the rules and regulations of the |
324 | appropriate water management district, own, acquire, construct, |
325 | reconstruct, equip, maintain, operate, extend, and improve water |
326 | and flood control facilities. The Legislature hereby finds and |
327 | declares Space Florida the authority eligible to receive moneys, |
328 | disbursements, and assistance from the state available to flood |
329 | control or water management districts and navigation districts |
330 | or agencies. |
331 | (16) Own, acquire, construct, reconstruct, equip, |
332 | maintain, operate, extend, and improve public safety facilities |
333 | for the spaceport, including security stations, security |
334 | vehicles, fire stations, water mains and plugs, and fire trucks |
335 | and other vehicles and equipment; hire employees, security |
336 | officers, and firefighters; and undertake such works and |
337 | construct such facilities determined by the board to be |
338 | necessary or desirable to promote and ensure public safety |
339 | within the spaceport territory. |
340 | (17) Hire, through its executive director, a safety |
341 | officer with substantial experience in public safety procedures |
342 | and programs for space vehicle launching and related hazardous |
343 | operations. The safety officer shall monitor and report on the |
344 | safety and hazards of ground-based space operations to the |
345 | executive director. |
346 | (18) Establish a personnel management system for hiring |
347 | employees and setting employee benefit packages. The personnel |
348 | of Space Florida the authority shall not be considered to be |
349 | within the state employment system. |
350 | (19) Establish procedures, rules, and rates governing per |
351 | diem and travel expenses of its employees, the members of the |
352 | board of supervisors, and other persons authorized by the board |
353 | to incur such expenses. Except as otherwise provided in s. |
354 | 331.3101, such rules are subject to provisions of state law or |
355 | rules pertaining to per diem and travel expenses of public |
356 | officers, employees, or other persons authorized by an agency |
357 | head to incur such expenses. |
358 | (20) Examine, develop, and utilize new concepts, designs, |
359 | and ideas; own, acquire, construct, reconstruct, equip, operate, |
360 | maintain, extend, and improve experimental spaceport facilities |
361 | and services; and otherwise undertake, sponsor, finance, and |
362 | maintain such research activities, experimentation, and |
363 | development as the board may from time to time determine, in |
364 | connection with any of the projects that Space Florida the |
365 | authority is authorized to undertake pursuant to the powers and |
366 | authority vested in it by this act, and in order to promote the |
367 | development and utilization of new concepts, designs, and ideas |
368 | in the fields of space exploration, commercialization of the |
369 | space industry, and spaceport facilities. |
370 | (21) Issue revenue bonds, assessment bonds, or any other |
371 | bonds or obligations authorized by the provisions of this act or |
372 | any other law, or any combination of the foregoing, and pay all |
373 | or part of the cost of the acquisition, construction, |
374 | reconstruction, extension, repair, improvement, or maintenance |
375 | of any project or combination of projects, including payloads |
376 | and space flight hardware, and equipment for research, |
377 | development, and educational activities, to provide for any |
378 | facility, service, or other activity of Space Florida the |
379 | authority, and provide for the retirement or refunding of any |
380 | bonds or obligations of Space Florida the authority, or for any |
381 | combination of the foregoing purposes. Space Florida The |
382 | authority must provide 14 days' notice to the presiding officers |
383 | and appropriations chairs of both houses of the Legislature |
384 | prior to presenting a bond proposal to the Governor and Cabinet. |
385 | If either presiding officer or appropriations chair objects to |
386 | the bonding proposal within the 14-day-notice period, the bond |
387 | issuance may be approved only by a vote of two-thirds of the |
388 | members of the Governor and Cabinet. |
389 | (22) Make expenditures for entertainment and travel |
390 | expenses and business clients, guests, and other authorized |
391 | persons as provided in this act. |
392 | (23) In connection with any financing agreement, fix and |
393 | collect fees, loan payments, rental payments, and other charges |
394 | for the use of any project in such amount as to provide |
395 | sufficient moneys to pay the principal of and interest on bonds |
396 | as the same shall become due and payable, if so provided in the |
397 | bond resolution or trust agreement, and to create reserves for |
398 | such purposes. The fees, rents, payments, and charges and all |
399 | other revenues and proceeds derived from the project in |
400 | connection with which the bonds of any issue shall have been |
401 | issued, except such part thereof as may be necessary for such |
402 | reserves or any expenditures as may be provided in the |
403 | resolution authorizing the issuance of the bonds or in the trust |
404 | agreement securing the same, shall be set aside, at the time as |
405 | may be specified in the resolution or trust agreement, in a |
406 | sinking fund which may be pledged to and charged with the |
407 | payment of the principal of and the interest on such bonds as |
408 | the same shall become due and the redemption price or the |
409 | purchase price of bonds retired by call or purchase as therein |
410 | provided. Such pledge shall be valid and binding from the time |
411 | the pledge is made. The fees, rents, charges, and other revenues |
412 | and moneys so pledged and thereafter received by or on behalf of |
413 | Space Florida the authority shall immediately be subject to the |
414 | lien of any such pledge without any physical delivery thereof or |
415 | further act, and the lien of any such pledge shall be valid and |
416 | binding as against all parties having claims of any kind in |
417 | tort, contract, or otherwise against Space Florida the |
418 | authority, irrespective of whether such parties have notice |
419 | thereof. Neither the resolution nor any trust agreement by which |
420 | a pledge is created need be filed or recorded, except in the |
421 | records of Space Florida the authority. The use and disposition |
422 | of money to the credit of the sinking fund shall be subject to |
423 | the provisions of the resolution authorizing the issuance of |
424 | such bonds or the provisions of such trust agreement. |
425 | (24) Exercise the right and power of eminent domain in |
426 | spaceport territory as defined in s. 331.304. In exercising such |
427 | power, Space Florida the authority shall comply with the |
428 | procedures and requirements of chapters 73 and 74. |
429 | (25) In carrying out its responsibilities for spaceport |
430 | operations: |
431 | (a) Seek federal support to renew and upgrade the |
432 | infrastructure and technologies at the Cape Canaveral Air Force |
433 | Station, the Kennedy Space Center, and the Eastern Range that |
434 | will enhance space and military programs of the Federal |
435 | Government and improve access for commercial launch activities. |
436 | (b) Support federal efforts to clarify roles and |
437 | responsibilities of federal agencies and eliminate duplicative |
438 | federal rules and policies in an effort to streamline access for |
439 | commercial launch users. |
440 | (c) Promote and facilitate launch activity within the |
441 | state by supporting and assisting commercial launch operators in |
442 | completing and submitting required documentation and gaining |
443 | approvals and authorization from the required federal agencies |
444 | for launching from this state. |
445 | (d) Consult as necessary with the appropriate federal, |
446 | state, and local authorities, including, but not limited to, the |
447 | National Aeronautics and Space Administration, the Federal |
448 | Aviation Administration, the Department of Defense, the |
449 | Department of Transportation, the Florida National Guard, and |
450 | industry on all aspects of establishing and operating spaceport |
451 | infrastructure and related facilities within the state. |
452 | Section 5. Section 331.306, Florida Statutes, is amended |
453 | to read: |
454 | 331.306 Federal airspace notification.--In coordination |
455 | with the Florida Department of Transportation, Space Florida the |
456 | authority shall develop and file the federal airspace |
457 | notification required for priority airspace use. |
458 | Section 6. Section 331.307, Florida Statutes, is repealed. |
459 | Section 7. Subsection (1) of section 331.308, Florida |
460 | Statutes, is amended to read: |
461 | 331.308 Board of supervisors.-- |
462 | (1) There is created within Space Florida the Florida |
463 | Space Authority a board of supervisors consisting of nine eight |
464 | regular members, who shall be appointed by the Governor, and two |
465 | ex officio nonvoting members, one of whom shall be a state |
466 | senator selected by the President of the Senate and one of whom |
467 | shall be a state representative selected by the Speaker of the |
468 | House of Representatives. The Lieutenant Governor, who is the |
469 | state's space policy leader, shall serve as chair of the board |
470 | of supervisors, and shall cast the deciding vote if the votes of |
471 | the nine eight regular members result in a tie. The board shall |
472 | elect a vice chair to preside in the absence of the Lieutenant |
473 | Governor and to perform such other duties as may be designated. |
474 | All regular members shall be subject to confirmation by the |
475 | Senate at the next regular session of the Legislature. Existing |
476 | board members are not prohibited from reappointment. Each of the |
477 | regular board members must be a resident of the state and must |
478 | have experience in the aerospace or commercial space industry or |
479 | in finance or have other significant relevant experience. A |
480 | private sector legal entity may not have more than one person |
481 | serving on the board at any one time. One regular member shall |
482 | represent organized labor interests, one regular member shall |
483 | represent minority interests, one regular member shall be a |
484 | representative of Enterprise Florida, Inc., and four regular |
485 | members must represent space industry, at least one of whom must |
486 | also be from a small business, as defined in s. 288.703. For the |
487 | purpose of this section, "space industry" includes private |
488 | sector entities engaged in space flight business, as defined in |
489 | s. 212.031, research and technology development of space-based |
490 | products and services, space station commercialization, |
491 | development of spaceport and range technology, remote sensing |
492 | products and services, space biotechnology, measurement and |
493 | calibration of space assets, space-related software and |
494 | information technology development, design and architecture of |
495 | space-based assets and facilities for manufacturing and other |
496 | purposes, space-related nanotechnology, space tourism, and other |
497 | commercial enterprises utilizing uniquely space-based |
498 | capabilities. |
499 | Section 8. Subsections (1) and (2) of section 331.309, |
500 | Florida Statutes, are amended to read: |
501 | 331.309 Treasurer; depositories; fiscal agent.-- |
502 | (1) The board shall designate an individual who is a |
503 | resident of the state, or a qualified public depository as |
504 | defined in s. 280.02, as treasurer of Space Florida the |
505 | authority, who shall have charge of the funds of Space Florida |
506 | the authority. Such funds shall be disbursed only upon the order |
507 | of or pursuant to the resolution of the board by warrant, check, |
508 | authorization, or direct deposit pursuant to s. 215.85, signed |
509 | or authorized by the treasurer or his or her representative or |
510 | by such other persons as may be authorized by the board. The |
511 | board may give the treasurer such other or additional powers and |
512 | duties as the board may deem appropriate and shall establish the |
513 | treasurer's compensation. The board may require the treasurer to |
514 | give a bond in such amount, on such terms, and with such |
515 | sureties as may be deemed satisfactory to the board to secure |
516 | the performance by the treasurer of his or her powers and |
517 | duties. The board shall audit or have audited the books of the |
518 | treasurer at least once a year. |
519 | (2) The board is authorized to select as depositories in |
520 | which the funds of the board and of Space Florida the authority |
521 | shall be deposited any qualified public depository as defined in |
522 | s. 280.02, upon such terms and conditions as to the payment of |
523 | interest by such depository upon the funds so deposited as the |
524 | board may deem just and reasonable. Funds of Space Florida the |
525 | authority may also be deposited with the Florida Commercial |
526 | Space Financing Corporation created by s. 331.407. The funds of |
527 | Space Florida the authority may be kept in or removed from the |
528 | State Treasury upon written notification from the chair of the |
529 | board to the Chief Financial Officer. |
530 | Section 9. Section 331.310, Florida Statutes, is amended |
531 | to read: |
532 | 331.310 Powers and duties of the board of |
533 | supervisors.--Except as otherwise provided in this act, all of |
534 | the powers and duties of Space Florida the authority shall be |
535 | exercised by and through the board of supervisors, including the |
536 | power and duty to: |
537 | (1) Adopt bylaws, rules, resolutions, and orders |
538 | prescribing the powers, duties, and functions of the officers of |
539 | Space Florida the authority, the conduct of the business of |
540 | Space Florida the authority, the maintenance of records, and the |
541 | form of all documents and records of Space Florida the |
542 | authority. The board may adopt administrative rules and |
543 | regulations with respect to any of the projects of Space Florida |
544 | the authority, with notice and public hearing. |
545 | (2) Maintain an executive office and Space Florida |
546 | authority offices in close proximity to Kennedy Space Center. |
547 | (3) Enter, and authorize any agent or employee of Space |
548 | Florida the authority to enter, upon any lands, waters, and |
549 | premises, upon giving reasonable notice and due process to the |
550 | land owner, for the purposes of making surveys, soundings, |
551 | drillings, appraisals, and examinations necessary to perform its |
552 | duties and functions. Any such entry shall not be deemed a |
553 | trespass or an entry that would constitute a taking in an |
554 | eminent domain proceeding. Space Florida The authority shall |
555 | make reimbursement for any actual damages to such lands, waters, |
556 | and premises as a result of such activity. |
557 | (4) Execute all contracts and other documents, adopt all |
558 | proceedings, and perform all acts determined by the board to be |
559 | necessary or desirable to carry out the purposes of this act. |
560 | The board may authorize one or more members of the board to |
561 | execute contracts and other documents on behalf of the board or |
562 | Space Florida the authority. |
563 | (5) Establish and create such departments, committees, or |
564 | other agencies as from time to time the board may deem necessary |
565 | or desirable in the performance of any acts or other things |
566 | necessary to the exercise of the powers provided in this act, |
567 | and delegate to such departments, boards, or other agencies such |
568 | administrative duties and other powers as the board may deem |
569 | necessary or desirable. |
570 | (6) Appoint a person to act as executive director of Space |
571 | Florida the authority, having such official title, functions, |
572 | duties, powers, and salary as the board may prescribe. |
573 | (7) Examine, and authorize any officer or agent of Space |
574 | Florida the authority to examine, the county tax rolls with |
575 | respect to the assessed valuation of the real and personal |
576 | property within any spaceport territory. |
577 | (8) Engage in the planning and implementation of space- |
578 | related economic and educational development within the state. |
579 | (9) Execute intergovernmental agreements and development |
580 | agreements consistent with prevailing statutory provisions, |
581 | including, but not limited to, special benefits or tax increment |
582 | financing initiatives. |
583 | (10) Establish reserve funds for future board operations. |
584 | (11) Adopt rules pursuant to chapter 120 to carry out the |
585 | purposes of this act. |
586 | (12) Abide by all applicable federal labor laws in the |
587 | construction and day-to-day operations of Space Florida the |
588 | authority and any spaceport. Further, the board shall establish, |
589 | by rule and regulation, pursuant to chapter 120, policies and |
590 | procedures for the construction and operation of Space Florida |
591 | the authority and any spaceport. Said policies and procedures |
592 | shall be such that when Space Florida the authority expends |
593 | federal funds for construction or operation of any spaceport |
594 | project, Space Florida the authority will be subject to the |
595 | federal labor laws observed at the Kennedy Space Center and Cape |
596 | Canaveral Air Force Station, Florida, applicable as a result of |
597 | such federal expenditures. |
598 | (13) Prepare an annual report of operations. Said report |
599 | shall include, but not be limited to, a balance sheet, an income |
600 | statement, a statement of changes in financial position, a |
601 | reconciliation of changes in equity accounts, a summary of |
602 | significant accounting principles, the auditor's report, a |
603 | summary of the status of existing and proposed bonding projects, |
604 | comments from management about the year's business, and |
605 | prospects for the next year, which shall be submitted each year |
606 | by November 30 to the Governor, the President of the Senate, the |
607 | Speaker of the House of Representatives, the minority leader of |
608 | the Senate, and the minority leader of the House of |
609 | Representatives. |
610 | (14) Change the name of the authority. |
611 | Section 10. Subsections (1) and (4) of section 331.3101, |
612 | Florida Statutes, are amended to read: |
613 | 331.3101 Space Florida Space Authority; travel and |
614 | entertainment expenses.-- |
615 | (1) Notwithstanding the provisions of s. 112.061, Space |
616 | Florida the authority shall adopt rules by which it may make |
617 | expenditures by advancement or reimbursement, or a combination |
618 | thereof, to Space Florida authority officers and employees; |
619 | reimburse business clients, guests, and authorized persons as |
620 | defined in s. 112.061(2)(e); and make direct payments to third- |
621 | party vendors: |
622 | (a) For travel expenses of such business clients, guests, |
623 | and authorized persons incurred by Space Florida the authority |
624 | in connection with the performance of its statutory duties, and |
625 | for travel expenses incurred by state officials and state |
626 | employees while accompanying such business clients, guests, or |
627 | authorized persons or when authorized by the board or its |
628 | designee. |
629 | (b) For entertainment expenses of such guests, business |
630 | clients, and authorized persons incurred by Space Florida the |
631 | authority in connection with the performance of its statutory |
632 | duties, and for entertainment expenses incurred for Space |
633 | Florida authority officials and employees when such expenses are |
634 | incurred while in the physical presence of such business |
635 | clients, guests, or authorized persons. |
636 | (4) No claim submitted under this section shall be |
637 | required to be sworn to before a notary public or other officer |
638 | authorized to administer oaths, but any claim authorized or |
639 | required to be made under any provision of this section shall |
640 | contain a statement that the expenses were actually incurred as |
641 | necessary travel or entertainment expenses in the performance of |
642 | official duties of Space Florida the authority and shall be |
643 | verified by written declaration that it is true and correct as |
644 | to every material matter. Any person who willfully makes and |
645 | subscribes to any such claim which the person does not believe |
646 | to be true and correct as to every material matter or who |
647 | willfully aids or assists in, or procures, counsels, or advises, |
648 | the preparation or presentation of a claim pursuant to this |
649 | section, which claim is fraudulent or false as to any material |
650 | matter, whether or not such falsity or fraud is with the |
651 | knowledge or consent of the person authorized or required to |
652 | present such claim, commits a misdemeanor of the second degree, |
653 | punishable as provided in s. 775.082 or s. 775.083. Whoever |
654 | receives an advancement or reimbursement by means of a false |
655 | claim is civilly liable, in the amount of the overpayment, for |
656 | the reimbursement of the public fund from which the claim was |
657 | paid. |
658 | Section 11. Section 331.311, Florida Statutes, is amended |
659 | to read: |
660 | 331.311 Exercise by Space Florida authority of its powers |
661 | within municipalities and other political subdivisions.--Space |
662 | Florida may The authority shall have the power to exercise any |
663 | of its rights, powers, privileges, and authority in any and all |
664 | portions of any spaceport territory lying within the boundaries |
665 | of any municipal corporation or other political subdivision, |
666 | heretofore or hereafter created or organized, whose boundaries |
667 | lie wholly or partly within the geographical limits of the |
668 | spaceport territory, to the same extent and in the same manner |
669 | as in areas of the spaceport territory not incorporated as part |
670 | of a municipality or other political subdivision. With respect |
671 | to any municipal corporation or other political subdivision |
672 | whose boundaries lie partly within and partly without the |
673 | geographical limits of the spaceport territory, Space Florida |
674 | may the authority shall have the power to exercise its rights, |
675 | powers, privileges, and authority only within the portion of |
676 | such municipal corporation or other political subdivision lying |
677 | within the boundaries of the spaceport territory. |
678 | Section 12. Section 331.312, Florida Statutes, is amended |
679 | to read: |
680 | 331.312 Furnishing facilities and services within the |
681 | spaceport territory.--Space Florida may The authority shall have |
682 | the power to construct, develop, create, maintain, and operate |
683 | its projects within the geographical limits of the spaceport |
684 | territory, including any portions of the spaceport territory |
685 | located inside the boundaries of any incorporated municipality |
686 | or other political subdivision, and to offer, supply, and |
687 | furnish the facilities and services provided for in this act to, |
688 | and to establish and collect fees, rentals, and other charges |
689 | from, persons, public or private, within the geographical limits |
690 | of the spaceport territory and for the use of Space Florida the |
691 | authority itself. |
692 | Section 13. Section 331.313, Florida Statutes, is amended |
693 | to read: |
694 | 331.313 Power of Space Florida the authority with respect |
695 | to roads.--Within the territorial limits of any spaceport |
696 | territory, Space Florida may the authority has the right to |
697 | acquire, through purchase or interagency agreement, or as |
698 | otherwise provided in law, and to construct, control, and |
699 | maintain, roads deemed necessary by Space Florida the authority |
700 | and connections thereto and extensions thereof now or hereafter |
701 | acquired, constructed, or maintained in accordance with |
702 | established highway safety standards; provided that, in the |
703 | event a road being addressed by Space Florida the authority is |
704 | owned by another agency or jurisdiction, Space Florida the |
705 | authority, prior to proceeding with the proposed project or work |
706 | activity, shall have either coordinated the desired work with |
707 | the owning agency or jurisdiction or shall have successfully |
708 | executed an interagency agreement with the owning agency or |
709 | jurisdiction. |
710 | Section 14. Section 331.314, Florida Statutes, is amended |
711 | to read: |
712 | 331.314 Exclusive authority.--This act specifically |
713 | provides that Space Florida has the authority shall have |
714 | exclusive power and authority to regulate spaceports in the |
715 | state. |
716 | Section 15. Section 331.315, Florida Statutes, is amended |
717 | to read: |
718 | 331.315 Maintenance of projects across rights-of- |
719 | way.--Space Florida may The authority shall have the right to |
720 | construct and operate its projects in, along, or under any |
721 | streets, alleys, highways, or other public places or ways, and |
722 | across any drain, ditch, canal, floodway, holding basin, |
723 | excavation, railroad right-of-way, track, grade, fill, or cut; |
724 | provided, however, that just compensation, including fees, shall |
725 | be paid by Space Florida the authority for any damages or |
726 | private property taken by the exercise of such power. |
727 | Section 16. Section 331.316, Florida Statutes, is amended |
728 | to read: |
729 | 331.316 Rates, fees, rentals, tolls, fares, and charges; |
730 | procedure for adoption and modification; minimum revenue |
731 | requirements.-- |
732 | (1) To recover the costs of the spaceport facility or |
733 | system, Space Florida may the authority shall have the power to |
734 | prescribe, fix, establish, and collect rates, fees, rentals, |
735 | tolls, fares, or other charges (hereinafter referred to as |
736 | "revenues"), and to revise the same from time to time, for the |
737 | facilities and services furnished or to be furnished by Space |
738 | Florida the authority and the spaceport, including, but not |
739 | limited to, launch pads, ranges, payload assembly and processing |
740 | facilities, visitor and tourist facilities, transportation |
741 | facilities, and parking and other related facilities, and may |
742 | shall have the power to provide for reasonable penalties against |
743 | any user or property for any such rates, fees, rentals, tolls, |
744 | fares, or other charges that are delinquent. |
745 | (2) The board may shall have the power to enter into |
746 | contracts for the use of the projects of Space Florida the |
747 | authority and for the services and facilities furnished or to be |
748 | furnished by Space Florida the authority, including, but not |
749 | limited to, launch services, payload assembly and processing, |
750 | and other space-related services, for such consideration and on |
751 | such other terms and conditions as the board may approve. Such |
752 | contracts, and revenues or service charges received or to be |
753 | received by Space Florida the authority thereunder, may be |
754 | pledged as security for any of the bonds of Space Florida the |
755 | authority. |
756 | Section 17. Section 331.317, Florida Statutes, is amended |
757 | to read: |
758 | 331.317 Recovery of delinquent charges.--In the event that |
759 | any of the rates, fees, rentals, tolls, fares, other charges, or |
760 | delinquent penalties shall not be paid as and when due and shall |
761 | be in default for 30 days or more, the unpaid balance thereof |
762 | and all interest accrued thereon, together with attorney's fees |
763 | and costs, may be recovered by Space Florida the authority in a |
764 | civil action. |
765 | Section 18. Section 331.318, Florida Statutes, is amended |
766 | to read: |
767 | 331.318 Discontinuance of service.--In the event that the |
768 | rates, fees, rentals, tolls, fares, or other charges for the |
769 | services and facilities of any project are not paid when due, |
770 | the board may shall have the power to discontinue and shut off |
771 | the same until such rates, fees, rentals, tolls, fares, or other |
772 | charges, including interest, penalties, and charges for the |
773 | shutting off and discontinuance and the restoration of such |
774 | services and facilities, are fully paid. Such delinquent rates, |
775 | fees, rentals, tolls, fares, or other charges, together with |
776 | interest, penalties, and charges for the shutting off and |
777 | discontinuance and the restoration of such services and |
778 | facilities, and reasonable attorney's fees and other expenses, |
779 | may be recovered by Space Florida the authority by suit in any |
780 | court of competent jurisdiction. Space Florida The authority may |
781 | also enforce payment of such delinquent rates, fees, rentals, |
782 | tolls, fares, or other charges by any other lawful method of |
783 | enforcement. |
784 | Section 19. Section 331.321, Florida Statutes, is amended |
785 | to read: |
786 | 331.321 Federal and other funds and aid.--Space Florida |
787 | may The authority is authorized to accept, receive, and receipt |
788 | for federal moneys, property, and other moneys or properties, |
789 | either public or private, for the acquisition, planning, |
790 | operation, construction, enlargement, improvement, maintenance, |
791 | equipment, or development of programs, facilities, and sites |
792 | therefor, and to comply with the provisions of the laws of the |
793 | United States and any rules and regulations made thereunder for |
794 | the expenditure of federal moneys. |
795 | Section 20. Section 331.322, Florida Statutes, is amended |
796 | to read: |
797 | 331.322 Agreements with municipalities within any |
798 | spaceport territory.--The board and the governing body or bodies |
799 | of any one or more municipalities located wholly or partly |
800 | within any spaceport territory, whether now in existence or |
801 | hereafter created, are authorized to enter into and carry into |
802 | effect contracts and agreements relating to the common powers, |
803 | duties, and functions of the board and other officers, agents, |
804 | and employees of Space Florida the authority, and the respective |
805 | governing body or bodies of one or more such municipalities, and |
806 | their respective officers, agents, and employees, to the end |
807 | that there may be effective cooperation between and coordination |
808 | of the efforts of such municipality or municipalities and Space |
809 | Florida the authority in discharging their common functions, |
810 | powers, and duties and in rendering services to the respective |
811 | residents and property owners of such municipality or |
812 | municipalities and Space Florida the authority. The board and |
813 | the governing body or bodies of one or more such municipalities |
814 | are further authorized to enter into and carry into effect |
815 | contracts and agreements for the performance of any of their |
816 | common functions, powers, and duties by a central agency or |
817 | common agent of the contracting parties. |
818 | Section 21. Subsections (1), (2), and (3) of section |
819 | 331.323, Florida Statutes, are amended to read: |
820 | 331.323 Cooperative agreements with the state, counties, |
821 | and municipalities.-- |
822 | (1) The state and the counties, municipalities, and other |
823 | political subdivisions, public bodies, and agencies thereof, or |
824 | any of them, whether now existing or hereafter created, are |
825 | authorized to aid and cooperate with Space Florida the authority |
826 | in carrying out any of the purposes and projects of Space |
827 | Florida the authority, to enter into cooperative agreements with |
828 | Space Florida the authority, to provide in any such cooperative |
829 | agreement for the making of loans, gifts, grants, or |
830 | contributions to Space Florida the authority and the granting |
831 | and conveyance to Space Florida the authority of real or |
832 | personal property of any kind or nature, or any interest |
833 | therein, for the carrying out of the purpose and projects of |
834 | Space Florida the authority; to covenant in any such cooperative |
835 | agreement to pay all or any part of the costs of acquisition, |
836 | planning, development, construction, reconstruction, extension, |
837 | improvement, operation, and maintenance of any projects of Space |
838 | Florida the authority; and to pay all or any part of the |
839 | principal and interest on any bonds of Space Florida the |
840 | authority. |
841 | (2) The state and the counties, municipalities, and other |
842 | political subdivisions, public bodies, and agencies thereof, or |
843 | any of them, whether now existing or hereafter created, and |
844 | Space Florida the authority created by this act, are further |
845 | authorized to enter into cooperative agreements to provide for |
846 | the furnishing by Space Florida the authority to the state or |
847 | any county, municipality, or other political subdivision, public |
848 | body, or agency thereof of any of the facilities and services of |
849 | Space Florida the authority, or by the state or any county, |
850 | municipality, or other political subdivision, public body, or |
851 | agency thereof to Space Florida the authority and to persons |
852 | within the spaceport territory of facilities and services of the |
853 | type that Space Florida the authority is authorized to furnish |
854 | or undertake, or such other facilities and services as may be |
855 | determined necessary or desirable by the board for the carrying |
856 | out of the purposes of this act. Without limitation of the |
857 | foregoing, such cooperative agreements may provide for the |
858 | furnishing by any county, municipality, or other political |
859 | subdivision of fire and police protection for Space Florida the |
860 | authority and persons and property within Space Florida the |
861 | authority, and for the providing to Space Florida the authority |
862 | of any services deemed necessary or desirable by the board for |
863 | the proper functioning of Space Florida the authority. |
864 | (3) Without limitation of the foregoing, the board may |
865 | undertake and finance any of the projects of Space Florida the |
866 | authority, in whole or in part, jointly with any municipality or |
867 | municipalities, now existing or hereafter created, or in any |
868 | other manner combine the projects of Space Florida the authority |
869 | with the projects of such municipality or municipalities. |
870 | Section 22. Section 331.324, Florida Statutes, is amended |
871 | to read: |
872 | 331.324 Contracts, grants, and contributions.--Space |
873 | Florida may The authority shall have the power to make and enter |
874 | all contracts and agreements necessary or incidental to the |
875 | performance of the functions of Space Florida the authority and |
876 | the execution of its powers, and to contract with, and to accept |
877 | and receive grants or loans of money, material, or property |
878 | from, any person, private or public, as the board shall |
879 | determine to be necessary or desirable to carry out the purposes |
880 | of this act, and in connection with any such contract, grant, or |
881 | loan to stipulate and agree to such covenants, terms, and |
882 | conditions as the board shall deem appropriate. |
883 | Section 23. Section 331.325, Florida Statutes, is amended |
884 | to read: |
885 | 331.325 Environmental permits.--Space Florida The |
886 | authority shall obtain required environmental permits in |
887 | accordance with federal and state law and shall comply with the |
888 | provisions of chapter 380. |
889 | Section 24. Section 331.326, Florida Statutes, is amended |
890 | to read: |
891 | 331.326 Information relating to trade secrets |
892 | confidential.--The records of Space Florida the authority |
893 | regarding matters encompassed by this act are public records |
894 | subject to the provisions of chapter 119. Any information held |
895 | by Space Florida the authority which is a trade secret, as |
896 | defined in s. 812.081, including trade secrets of Space Florida |
897 | the authority, any spaceport user, or the space industry |
898 | business, is confidential and exempt from the provisions of s. |
899 | 119.07(1) and s. 24(a), Art. I of the State Constitution and may |
900 | not be disclosed. If Space Florida the authority determines that |
901 | any information requested by the public will reveal a trade |
902 | secret, it shall, in writing, inform the person making the |
903 | request of that determination. The determination is a final |
904 | order as defined in s. 120.52. Any meeting or portion of a |
905 | meeting of Space Florida's the authority's board of supervisors |
906 | is exempt from the provisions of s. 286.011 and s. 24(b), Art. I |
907 | of the State Constitution when the board is discussing trade |
908 | secrets. Any public record generated during the closed portions |
909 | of such meetings, such as minutes, tape recordings, and notes, |
910 | is confidential and exempt from the provisions of s. 119.07(1) |
911 | and s. 24(a), Art. I of the State Constitution. |
912 | Section 25. Section 331.327, Florida Statutes, is amended |
913 | to read: |
914 | 331.327 Foreign trade zone.--Space Florida may The |
915 | authority shall have the power to apply to the Federal |
916 | Government for a grant allowing the designation of any spaceport |
917 | territory as a foreign trade zone pursuant to ss. 288.36 and |
918 | 288.37. However, the designation of any spaceport territory as a |
919 | foreign trade zone shall not be deemed to authorize an exemption |
920 | from any tax imposed by the state or by any political |
921 | subdivision, agency, or instrumentality thereof. |
922 | Section 26. Section 331.328, Florida Statutes, is amended |
923 | to read: |
924 | 331.328 Sovereign immunity.--Space Florida has The |
925 | authority shall be granted sovereign immunity in the same manner |
926 | as the state under the laws and Constitution of the State of |
927 | Florida. The state, by this section, hereby waives the sovereign |
928 | immunity granted to the same extent as waived by the state under |
929 | state law. |
930 | Section 27. Subsections (2), (3), and (4) of section |
931 | 331.329, Florida Statutes, are amended to read: |
932 | 331.329 Changing boundary lines; annexation and exclusion |
933 | of lands; creation of municipalities within the geographical |
934 | limits of any spaceport territory; limitations on the furnishing |
935 | of services within annexed areas.-- |
936 | (2) Land, including property situated thereon, added to |
937 | any spaceport territory in the manner provided in subsection (1) |
938 | shall from the time of its inclusion within such spaceport |
939 | territory be subject to all assessments thereafter levied and |
940 | assessed on all other land or property of any spaceport |
941 | territory similarly situated. Land, including property situated |
942 | thereon, excluded from any spaceport territory in the manner |
943 | provided in subsection (1) shall from the date of such exclusion |
944 | be exempt from assessments thereafter imposed by Space Florida |
945 | the authority but shall not be exempt from assessments |
946 | theretofore levied or due with respect to such land or property, |
947 | or from subsequent installments of assessments theretofore |
948 | levied or assessed with respect thereto, and such assessments |
949 | may be enforced and collected by or on behalf of Space Florida |
950 | the authority in the same manner as if such land or property |
951 | continued to be within the geographical limits of any spaceport |
952 | territory. |
953 | (3) In the event that the geographical limits of any |
954 | spaceport territory as set forth in s. 331.304 are revised so as |
955 | to include within any spaceport territory any areas not |
956 | presently contained within any spaceport territory, Space |
957 | Florida the authority shall not engage in the business of |
958 | furnishing electric power for sale in such annexed area, unless |
959 | Space Florida the authority shall offer to purchase from any |
960 | person who is at the time engaged in the business of making, |
961 | generating, or distributing electricity for sale within such |
962 | annexed area, such portion of its electric plant and property |
963 | suitable and used for such business in connection therewith as |
964 | lies within the limits of such annexed area, in a manner |
965 | consistent with law. |
966 | (4) Space Florida The authority shall designate new launch |
967 | pads outside the present designated spaceport territories by |
968 | statutory amendment of s. 331.304. |
969 | Section 28. Section 331.331, Florida Statutes, is amended |
970 | to read: |
971 | 331.331 Revenue bonds.-- |
972 | (1) Revenue bonds issued by Space Florida the authority |
973 | shall not be deemed revenue bonds issued by the state or its |
974 | agencies for purposes of s. 11, Art. VII of the State |
975 | Constitution and ss. 215.57-215.83. Space Florida The authority |
976 | shall include in its annual report to the Governor and |
977 | Legislature, as provided in s. 331.310, a summary of the status |
978 | of existing and proposed bonding projects. |
979 | (2) The issuance of revenue bonds may be secured by or |
980 | payable from the gross or net pledge of the revenues to be |
981 | derived from any project or combination of projects, from the |
982 | rates, fees, rentals, tolls, fares, or other charges to be |
983 | collected from the users of any project or projects; from any |
984 | revenue-producing undertaking or activity of Space Florida the |
985 | authority; or from any source of pledged security. Such bonds |
986 | shall not constitute an indebtedness of Space Florida the |
987 | authority unless such bonds are additionally secured by the full |
988 | faith and credit of Space Florida the authority. Bonds issued by |
989 | Space Florida the authority are not secured by the full faith |
990 | and credit of the State of Florida and do not constitute an |
991 | obligation, either general or special, thereof. |
992 | (3) Any two or more projects may be combined and |
993 | consolidated into a single project, and may thereafter be |
994 | operated and maintained as a single project. The revenue bonds |
995 | authorized herein may be issued to finance any one or more such |
996 | projects separately, or to finance two or more such projects, |
997 | regardless whether or not such projects have been combined and |
998 | consolidated into a single project. If the board deems it |
999 | advisable, the proceedings authorizing such revenue bonds may |
1000 | provide that Space Florida the authority may thereafter combine |
1001 | the projects then being financed or theretofore financed with |
1002 | other projects to be subsequently financed by Space Florida the |
1003 | authority shall be on a parity with the revenue bonds then being |
1004 | issued, all on such terms, conditions, and limitations as shall |
1005 | be provided, and may further provide that the revenues to be |
1006 | derived from the subsequent projects shall at the time of the |
1007 | issuance of such parity revenue bonds be also pledged to the |
1008 | holders of any revenue bonds theretofore issued to finance the |
1009 | revenue undertakings which are later combined with such |
1010 | subsequent projects. Space Florida The authority may pledge for |
1011 | the security of the revenue bonds a fixed amount, without regard |
1012 | to any fixed proportion of the gross revenues of any project. |
1013 | Section 29. Section 331.333, Florida Statutes, is amended |
1014 | to read: |
1015 | 331.333 Refunding bonds.--Space Florida The authority |
1016 | through its board may shall have the power to issue bonds to |
1017 | provide for the retirement or refunding of any bonds or |
1018 | obligations of Space Florida the authority that at the time of |
1019 | such issuance are or subsequently thereto become due and |
1020 | payable, or that at the time of issuance have been called or are |
1021 | or will be subject to call for redemption within 10 years |
1022 | thereafter, or the surrender of which can be procured from the |
1023 | holders thereof at prices satisfactory to the board. Refunding |
1024 | bonds may be issued at any time when in the judgment of the |
1025 | board such issuance will be advantageous to Space Florida the |
1026 | authority. The provisions of this act pertaining to bonds of |
1027 | Space Florida the authority shall, unless the context otherwise |
1028 | requires, govern the issuance of refunding bonds, the form and |
1029 | other details thereof, the rights of the holders thereof, and |
1030 | the duties of the board with respect to the same. |
1031 | Section 30. Section 331.334, Florida Statutes, is amended |
1032 | to read: |
1033 | 331.334 Pledging assessments and other revenues and |
1034 | properties as additional security on bonds.--Space Florida The |
1035 | authority may pledge as additional security for the payment of |
1036 | any of the bonds of Space Florida the authority its full faith |
1037 | and credit, and provide that such bonds shall be payable as to |
1038 | both principal and interest, and as to any reserve or other |
1039 | funds provided therefor, to the full extent that any revenues as |
1040 | defined in this act, assessments, or other funds, or any |
1041 | combination thereof, pledged therefor are insufficient for the |
1042 | full payment of the same, and provided further that no bonds |
1043 | shall be issued to the payment of which the full faith and |
1044 | credit of Space Florida the authority is pledged unless approved |
1045 | at an election in the manner provided by law. Space Florida The |
1046 | authority by resolution of the board may also pledge as |
1047 | additional security for said bonds the revenues from any project |
1048 | of Space Florida the authority, utility service, assessments, |
1049 | and any other sources of revenue or funds, or any combination of |
1050 | the foregoing, and may pledge or mortgage any of the properties, |
1051 | rights, interest, or other assets of Space Florida the |
1052 | authority. Bonds issued by Space Florida the authority are not |
1053 | secured by the full faith and credit of the State of Florida and |
1054 | do not constitute an obligation, either general or special, |
1055 | thereof. The board may also provide with respect to any bonds of |
1056 | Space Florida the authority that such bonds shall be payable, in |
1057 | whole or in part, as to principal amount or interest, or both, |
1058 | out of rates, fees, rentals, tolls, fares, or other charges |
1059 | collected with respect to any of the projects of Space Florida |
1060 | the authority. |
1061 | Section 31. Section 331.335, Florida Statutes, is amended |
1062 | to read: |
1063 | 331.335 Lien of pledges.--All pledges of revenues and |
1064 | assessments made pursuant to the provisions of this act shall be |
1065 | valid and binding from the time when such pledges are made. All |
1066 | such revenues and assessments so pledged and thereafter |
1067 | collected shall immediately be subject to the lien of such |
1068 | pledges without any physical delivery thereof or further action, |
1069 | and the lien of such pledges shall be valid and binding as |
1070 | against all parties having claims of any kind in tort, contract, |
1071 | or otherwise against Space Florida the authority, irrespective |
1072 | of whether such parties have notice thereof. |
1073 | Section 32. Section 331.336, Florida Statutes, is amended |
1074 | to read: |
1075 | 331.336 Issuance of bond anticipation notes.--In addition |
1076 | to the other powers provided for in this act and not in |
1077 | limitation thereof, Space Florida may the authority shall have |
1078 | the power, at any time from time to time after the issuance of |
1079 | any bonds of Space Florida has the authority shall have been |
1080 | authorized, to borrow money for the purposes for which such |
1081 | bonds are to be issued in anticipation of the receipt of the |
1082 | proceeds of the sale of such bonds and to issue bond |
1083 | anticipation notes in a principal amount not in excess of the |
1084 | authorized maximum amount of such bond issue. Such notes shall |
1085 | be in such denomination or denominations, bear interest at such |
1086 | rate or rates, mature at such time or times, be renewable for |
1087 | such additional term or terms, and be in such form and executed |
1088 | in such manner as the board shall prescribe. Such notes may be |
1089 | sold at public sale, or if such notes shall be renewable notes, |
1090 | may be exchanged for notes then outstanding on such terms as the |
1091 | board shall determine. Such notes shall be paid from the |
1092 | proceeds of such bonds when issued. The board may in its |
1093 | discretion, in lieu of retiring the notes by means of bonds, |
1094 | retire them by means of current revenues or from any assessments |
1095 | levied for the payment of such bonds, but in such event a like |
1096 | amount of the bonds authorized shall not be issued. |
1097 | Section 33. Section 331.337, Florida Statutes, is amended |
1098 | to read: |
1099 | 331.337 Short-term borrowing.--Space Florida The authority |
1100 | at any time may obtain loans, in such amount and on such terms |
1101 | and conditions as the board may approve, for the purpose of |
1102 | paying any of the expenses of Space Florida the authority or any |
1103 | costs incurred or that may be incurred in connection with any of |
1104 | the projects of Space Florida the authority, which loans shall |
1105 | have such term or terms, be renewable for such term or terms, |
1106 | bear interest at such rate or rates, and be payable from and |
1107 | secured by a pledge of such funds, revenues, and assessments as |
1108 | the board may determine. For the purpose of defraying such costs |
1109 | and expenses, Space Florida the authority may issue negotiable |
1110 | notes, warrants, or other evidences of debt signed on behalf of |
1111 | Space Florida the authority by any one of the board, such notes |
1112 | or other evidences of indebtedness to be payable at such time or |
1113 | times, to bear interest at such rate or rates, and to be sold or |
1114 | discounted at such price or prices and on such term or terms as |
1115 | the board may deem advisable. The board shall have the right to |
1116 | provide for the payment thereof by pledging the whole or any |
1117 | part of the funds, revenues, and assessments of Space Florida |
1118 | the authority. |
1119 | Section 34. Section 331.338, Florida Statutes, is amended |
1120 | to read: |
1121 | 331.338 Trust agreements.--In the discretion of the board, |
1122 | any issue of bonds may be secured by a trust agreement by and |
1123 | between Space Florida the authority and a corporate trustee |
1124 | which may be any trust company or bank having the powers of a |
1125 | trust company within or without the state. The resolution |
1126 | authorizing the issuance of the bonds or such trust agreement |
1127 | may pledge the revenues to be received from any projects of |
1128 | Space Florida the authority and any other authorized moneys to |
1129 | be used for the repayment of bonds, and may contain such |
1130 | provisions for protecting and enforcing the rights and remedies |
1131 | of the bondholders as the board may approve, including without |
1132 | limitation covenants setting forth the duties of Space Florida |
1133 | the authority in relation to the acquisition, planning, |
1134 | development, construction, reconstruction, improvement, |
1135 | maintenance, repair, operation, and insurance of any projects, |
1136 | the fixing and revision of the rates, fees, rentals, tolls, |
1137 | fares, and charges, and the custody, safeguarding, and |
1138 | application of all moneys, and for the employment of consulting |
1139 | engineers in connection with such acquisition, planning, |
1140 | development, construction, reconstruction, improvement, |
1141 | maintenance, repair, or operation. It shall be lawful for any |
1142 | bank or trust company incorporated under the laws of the state |
1143 | or the United States which may act as a depository of the |
1144 | proceeds of bonds or of revenues to furnish such indemnifying |
1145 | bonds or to pledge such securities as may be required by Space |
1146 | Florida the authority. Such resolution or trust agreement may |
1147 | set forth the rights and remedies of the bondholders and of the |
1148 | trustee, if any, and may restrict the individual right of action |
1149 | by bondholders. The board may provide for the payment of the |
1150 | proceeds of the sale of the bonds and the revenues of any |
1151 | project to such officer, board, or depository as it may |
1152 | designate for the custody thereof, and for the method of |
1153 | disbursement thereof, with such safeguards and restrictions as |
1154 | it may determine. All expenses incurred in carrying out the |
1155 | provisions of such resolution or trust agreement may be treated |
1156 | as part of the cost of the project to which such trust agreement |
1157 | pertains. |
1158 | Section 35. Section 331.339, Florida Statutes, is amended |
1159 | to read: |
1160 | 331.339 Sale of bonds.--Bonds may be sold in blocks or |
1161 | installments at different times, or an entire issue or series |
1162 | may be sold at one time. Bonds may only be sold at public sale |
1163 | after being advertised and publicly noticed, unless Space |
1164 | Florida the authority has previously complied with the |
1165 | provisions of s. 218.385. Bonds may be sold or exchanged for |
1166 | refunding bonds. Special assessment and revenue bonds may be |
1167 | delivered as payment by Space Florida the authority of the |
1168 | purchase price or lease of any project or part thereof, or a |
1169 | combination of projects or parts thereof, or as the purchase |
1170 | price of, or exchange for, any property, real, personal, or |
1171 | mixed, including franchises, or services rendered by any |
1172 | contractor, engineer, or other person, all at one time or in |
1173 | blocks from time to time, in such manner and upon such terms as |
1174 | the board in its discretion shall determine. The price or prices |
1175 | for any bonds sold, exchanged, or delivered may be: |
1176 | (1) The money paid for the bonds. |
1177 | (2) The principal amount, plus accrued interest to date of |
1178 | redemption or exchange, of outstanding obligations exchanged for |
1179 | refunding bonds. |
1180 | (3) In the case of special assessment or revenue bonds, |
1181 | the amount of any indebtedness to contractors or other persons |
1182 | paid with such bonds, or the fair value of any properties |
1183 | exchanged for the bonds, as determined by the board. |
1184 | Section 36. Section 331.340, Florida Statutes, is amended |
1185 | to read: |
1186 | 331.340 Authorization and form of bonds.--Bonds may be |
1187 | authorized by resolution or resolutions of the board which shall |
1188 | be adopted by a majority of all of the members thereof then in |
1189 | office and present at the meeting at which the resolution or |
1190 | resolutions are adopted and shall be approved as provided in s. |
1191 | 331.305. The resolution or resolutions of the board may be |
1192 | adopted at the same meeting at which they are introduced, and |
1193 | shall be published and noticed. The board may by resolution |
1194 | authorize the issuance of bonds, fix the aggregate amount of |
1195 | bonds to be issued, the purpose or purposes for which the moneys |
1196 | derived therefrom shall be expanded, the rate or rates of |
1197 | interest, the denomination of the bonds, whether or not the |
1198 | bonds are to be issued in one or more series, the date or dates |
1199 | thereof, the date or dates of maturity, which shall not exceed |
1200 | 40 years from their respective dates of issuance, the medium of |
1201 | payment, the place or places within or without the state where |
1202 | payment shall be made, registration privileges, redemption terms |
1203 | and privileges (whether with or without premium), the manner of |
1204 | execution, the form of the bonds including any interest coupons |
1205 | to be attached thereto, the manner of execution of bonds and |
1206 | coupons, and any and all other terms, covenants, and conditions |
1207 | thereof, and the establishment of reserve or other funds. Such |
1208 | authorizing resolution may further provide that such bonds may |
1209 | be executed manually or by engraved, lithographed, or facsimile |
1210 | signature, provided that where signatures are engraved, |
1211 | lithographed, or facsimile no bond shall be valid unless |
1212 | countersigned by a registrar or other officer designated by |
1213 | appropriate resolution of the board. The seal of Space Florida |
1214 | the authority may be affixed, lithographed, engraved, or |
1215 | otherwise reproduced in facsimile on such bonds. In case any |
1216 | officer whose signature or a facsimile of whose signature shall |
1217 | appear on any bonds or coupons shall cease to be such officer |
1218 | before the delivery of such bonds, such signature or facsimile |
1219 | shall nevertheless be valid and sufficient for all purposes the |
1220 | same as if the officer had remained in office until such |
1221 | delivery. |
1222 | Section 37. Section 331.343, Florida Statutes, is amended |
1223 | to read: |
1224 | 331.343 Defeasance.--The board may make such provision |
1225 | with respect to the defeasance of the right, title, and interest |
1226 | of the holders of any of the bonds and obligations of Space |
1227 | Florida the authority in any revenues, funds, or other |
1228 | properties by which such bonds are secured as the board deems |
1229 | appropriate and, without limitation on the foregoing, may |
1230 | provide that when such bonds or obligations become due and |
1231 | payable or shall have been called for redemption, and the whole |
1232 | amount of the principal and the interest and premium, if any, |
1233 | due and payable upon the bonds or obligations when outstanding |
1234 | shall be paid, or sufficient moneys or direct obligations of the |
1235 | United States Government the principal of and the interest on |
1236 | which when due will provide sufficient moneys, shall be held or |
1237 | deposited in trust for such purpose, and provision shall also be |
1238 | made for paying all other sums payable in connection with such |
1239 | bonds or other obligations, then and in such event the right, |
1240 | title, and interest of the holders of the bonds in any revenues, |
1241 | funds, or other properties by which such bonds are secured shall |
1242 | thereupon cease, terminate, and become void; and the board may |
1243 | apply any surplus in any sinking fund established in connection |
1244 | with such bonds or obligations and all balances remaining in all |
1245 | other funds or accounts other than money held for the redemption |
1246 | or payment of the bonds or other obligations to any lawful |
1247 | purpose of Space Florida the authority as the board shall |
1248 | determine. |
1249 | Section 38. Section 331.345, Florida Statutes, is amended |
1250 | to read: |
1251 | 331.345 Covenants.--Any resolution authorizing the |
1252 | issuance of bonds may contain such covenants as the board may |
1253 | deem advisable and all such covenants shall constitute valid and |
1254 | legally binding and enforceable contracts between Space Florida |
1255 | the authority and the bondholders, regardless of the time of |
1256 | issuance thereof. Such covenants may include, without |
1257 | limitation, covenants concerning the disposition of the bond |
1258 | proceeds, the use and disposition of project revenues, the |
1259 | pledging of revenues, and assessments, the obligations of Space |
1260 | Florida the authority with respect to the operation of the |
1261 | project and the maintenance of adequate project revenues, the |
1262 | issuance of additional bonds, the appointment, powers, and |
1263 | duties of trustees and receivers, the acquisition of outstanding |
1264 | bonds and obligations, restrictions on the establishing of |
1265 | competing projects or facilities, restrictions on the sale or |
1266 | disposal of the assets and property of Space Florida the |
1267 | authority, the priority of assessment liens, the priority of |
1268 | claims by bondholders on the taxing power of Space Florida the |
1269 | authority, the maintenance of deposits to assure the payment of |
1270 | revenues by users of spaceport facilities and services, the |
1271 | discontinuance of Space Florida authority services by reason of |
1272 | delinquent payments, acceleration upon default, the execution of |
1273 | necessary instruments, the procedure for amending or abrogating |
1274 | covenants with the bondholders, and such other covenants as may |
1275 | be deemed necessary or desirable for the security of the |
1276 | bondholders. |
1277 | Section 39. Section 331.346, Florida Statutes, is amended |
1278 | to read: |
1279 | 331.346 Validity of bonds; validation proceedings.--Any |
1280 | bonds issued by Space Florida are the authority shall be |
1281 | incontestable in the hands of bona fide purchasers or holders |
1282 | for value and shall not be invalid because of any irregularity |
1283 | or defect in the proceedings for the issue and sale thereof. |
1284 | Prior to the issuance of any bonds, Space Florida the authority |
1285 | shall publish a notice at least once in a newspaper or |
1286 | newspapers published or of general circulation in the |
1287 | appropriate counties in the state, stating the date of adoption |
1288 | of the resolution authorizing such obligations, the amount, |
1289 | maximum rate of interest, and maturity of such obligations, and |
1290 | the purpose in general terms for which such obligations are to |
1291 | be issued, and further stating that no action or proceeding |
1292 | questioning the validity of such obligations or of the |
1293 | proceedings authorizing the issuance thereof, or of any |
1294 | covenants made therein, must be instituted within 20 days after |
1295 | the first publication of such notice, or the validity of such |
1296 | obligations, proceedings, and covenants shall not be thereafter |
1297 | questioned in any court whatsoever. If no such action or |
1298 | proceeding is so instituted within such 20-day period, then the |
1299 | validity of such obligations, proceedings, and covenants shall |
1300 | be conclusive, and all persons or parties whatsoever shall be |
1301 | forever barred from questioning the validity of such |
1302 | obligations, proceedings, or covenants in any court whatsoever. |
1303 | Section 40. Section 331.347, Florida Statutes, is amended |
1304 | to read: |
1305 | 331.347 Act furnishes full authority for issuance of |
1306 | bonds.--This act constitutes full and complete authority for the |
1307 | issuance of bonds and the exercise of the powers of Space |
1308 | Florida the authority provided herein. Any and all bonds issued |
1309 | by Space Florida may the authority shall not be secured by the |
1310 | full faith and credit of the State of Florida and do not |
1311 | constitute an obligation, either general or special, thereof. |
1312 | Section 41. Section 331.348, Florida Statutes, is amended |
1313 | to read: |
1314 | 331.348 Investment of funds.--The board may in its |
1315 | discretion invest funds of Space Florida the authority through |
1316 | the Chief Financial Officer or in: |
1317 | (1) Direct obligations of or obligations guaranteed by the |
1318 | United States or for the payment of the principal and interest |
1319 | of which the faith and credit of the United States is pledged; |
1320 | (2) Bonds or notes issued by any of the following federal |
1321 | agencies: Bank for Cooperatives; federal intermediate credit |
1322 | banks; federal home loan bank system; federal land banks; or the |
1323 | Federal National Mortgage Association (including debentures or |
1324 | participating certificates issued by such association); |
1325 | (3) Public housing bonds issued by public housing |
1326 | authorities and secured by a pledge or annual contributions |
1327 | under an annual contribution contract or contracts with the |
1328 | United States; |
1329 | (4) Bonds or other interest-bearing obligations of any |
1330 | county, district, city, or town located in the state for which |
1331 | the full faith and credit of such political subdivision is |
1332 | pledged; |
1333 | (5) Any investment authorized for insurers by ss. 625.306- |
1334 | 625.316 and amendments thereto; or |
1335 | (6) Any investment authorized under s. 17.57 and |
1336 | amendments thereto. |
1337 | Section 42. Section 331.349, Florida Statutes, is amended |
1338 | to read: |
1339 | 331.349 Fiscal year of Space Florida the authority.--The |
1340 | board has the power to establish and from time to time |
1341 | redetermine the fiscal year of Space Florida the authority. |
1342 | Unless the board otherwise provides, Space Florida's the |
1343 | authority's fiscal year shall be July 1 through June 30. |
1344 | Section 43. Section 331.350, Florida Statutes, is amended |
1345 | to read: |
1346 | 331.350 Insurance coverage of Space Florida the authority; |
1347 | safety program.-- |
1348 | (1) Notwithstanding any other provision of law, the State |
1349 | Risk Management Trust Fund established under s. 284.30 shall not |
1350 | insure buildings and property owned or leased by Space Florida |
1351 | the authority. |
1352 | (2) Notwithstanding any other provision of law, the State |
1353 | Risk Management Trust Fund established under s. 284.30 shall not |
1354 | insure against any liability of Space Florida the authority. |
1355 | (3) Space Florida The authority shall establish a safety |
1356 | program. The safety program shall include: |
1357 | (a) The development and implementation of a loss |
1358 | prevention program which shall consist of a comprehensive |
1359 | authoritywide safety program for all of Space Florida, including |
1360 | a statement, established by the board of supervisors, of safety |
1361 | policy and responsibility. |
1362 | (b) Provision for regular and periodic facility and |
1363 | equipment inspections. |
1364 | (c) Investigation of job-related employee accidents and |
1365 | other accidents occurring on the premises of Space Florida the |
1366 | authority or within areas of its jurisdiction. |
1367 | (d) Establishment of a program to promote increased safety |
1368 | awareness among employees, agents, and subcontractors of Space |
1369 | Florida the authority. |
1370 | (4)(a) Space Florida The authority shall, if available, |
1371 | secure insurance coverage, if available, within reasonable |
1372 | limits for liability which may arise as a consequence of its |
1373 | responsibilities. |
1374 | (b) Space Florida The authority shall, if available, and |
1375 | if cost-effective, secure insurance coverage, if available and |
1376 | cost-effective, on its buildings, facilities, and property at |
1377 | reasonable levels. |
1378 | (c) Space Florida The authority, with respect to the |
1379 | purchase of insurance, shall be subject to the applicable |
1380 | provisions of chapter 287 and other applicable law. |
1381 | Section 44. Section 331.351, Florida Statutes, is amended |
1382 | to read: |
1383 | 331.351 Participation by women, minorities, and socially |
1384 | and economically disadvantaged business enterprises |
1385 | encouraged.--It is the intent of the Legislature and the public |
1386 | policy of this state that women, minorities, and socially and |
1387 | economically disadvantaged business enterprises be encouraged to |
1388 | participate fully in all phases of economic and community |
1389 | development. Accordingly, to achieve such purpose, Space Florida |
1390 | the authority shall, in accordance with applicable state and |
1391 | federal law, shall involve and utilize women, minorities, and |
1392 | socially and economically disadvantaged business enterprises in |
1393 | all phases of the design, development, construction, |
1394 | maintenance, and operation of spaceports developed under this |
1395 | act. |
1396 | Section 45. Section 331.354, Florida Statutes, is amended |
1397 | to read: |
1398 | 331.354 Tax exemption.--The exercise of the powers granted |
1399 | by this act in all respects shall be for the benefit of the |
1400 | people of the state, for the increase of their industry and |
1401 | prosperity, for the improvement of their health and living |
1402 | conditions, and for the provision of gainful employment and |
1403 | shall constitute the performance of essential public functions. |
1404 | Space Florida The authority shall not be required to pay any |
1405 | taxes on any project or any other property owned by Space |
1406 | Florida the authority under the provisions of this act or upon |
1407 | the income therefrom. The bonds issued under the provisions of |
1408 | this act or upon the income therefrom (including any profit made |
1409 | on the sale thereof), and all notes, mortgages, security |
1410 | agreements, letters of credit, or other instruments which arise |
1411 | out of or are given to secure the repayment of bonds issued in |
1412 | connection with a project financed under this act, shall at all |
1413 | times be free from taxation by the state or any local unit, |
1414 | political subdivision, or other instrumentality of the state. |
1415 | Nothing in this section, however, shall be construed as |
1416 | exempting from taxation or assessments the leasehold interest of |
1417 | a lessee in any project or any other property or interest owned |
1418 | by the lessee. The exemption granted by this section shall not |
1419 | be applicable to any tax imposed by chapter 220 on interest, |
1420 | income, or profits on debt obligations owned by corporations. |
1421 | Section 46. Paragraph (a) of subsection (1) and subsection |
1422 | (2) of section 331.355, Florida Statutes, are amended to read: |
1423 | 331.355 Use of name; ownership rights to intellectual |
1424 | property.-- |
1425 | (1)(a) The corporate name of a corporation incorporated or |
1426 | authorized to transact business in this state, or the name of |
1427 | any person or business entity transacting business in this |
1428 | state, may not use the words "spaceport Florida," or "Florida |
1429 | spaceport," "Space Florida," "Florida Space Authority," "Florida |
1430 | Space Research Institute," or "Florida Aerospace Finance |
1431 | Corporation" in its name unless Space Florida the authority |
1432 | gives written approval for such use. |
1433 | (2) Notwithstanding any provision of chapter 286, the |
1434 | legal title and every right, interest, claim, or demand of any |
1435 | kind in and to any patent, trademark, copyright, certification |
1436 | mark, or other right acquired under the patent and trademark |
1437 | laws of the United States or this state or any foreign country, |
1438 | or the application for the same, as is owned or held, acquired, |
1439 | or developed by Space Florida the authority, under the authority |
1440 | and directions given it by this part, is vested in Space Florida |
1441 | the authority for the use, benefit, and purposes provided in |
1442 | this part. Space Florida The authority is vested with and is |
1443 | authorized to exercise any and all of the normal incidents of |
1444 | such ownership, including the receipt and disposition of |
1445 | royalties. Any sums received as royalties from any such rights |
1446 | are hereby appropriated to Space Florida the authority for any |
1447 | and all of the purposes and uses provided in this part. |
1448 | Section 47. Subsections (2) and (3) of section 331.360, |
1449 | Florida Statutes, are amended to read: |
1450 | 331.360 Joint project agreement or assistance; spaceport |
1451 | master plan.-- |
1452 | (2) Notwithstanding any other provision of law, the |
1453 | Department of Transportation may enter into a joint project |
1454 | agreement with, or otherwise assist, Space Florida the Florida |
1455 | Space Authority as necessary to effectuate the provisions of |
1456 | this chapter and may allocate funds for such purposes in its 5- |
1457 | year work program. However, the department may not fund the |
1458 | administrative or operational costs of Space Florida the |
1459 | authority. |
1460 | (3) Space Florida The authority shall develop a spaceport |
1461 | master plan for expansion and modernization of space |
1462 | transportation facilities within spaceport territories as |
1463 | defined in s. 331.303(23). The plan shall contain recommended |
1464 | projects to meet current and future commercial, national, and |
1465 | state space transportation requirements. Space Florida The |
1466 | authority shall submit the plan to any appropriate metropolitan |
1467 | planning organization M.P.O. for review of intermodal impacts. |
1468 | Space Florida The authority shall submit the spaceport master |
1469 | plan to the Department of Transportation, and such plan may be |
1470 | included within the department's 5-year work program of |
1471 | qualifying aerospace discretionary capacity improvement under |
1472 | subsection (4). The plan shall identify appropriate funding |
1473 | levels and include recommendations on appropriate sources of |
1474 | revenue that may be developed to contribute to the State |
1475 | Transportation Trust Fund. |
1476 | Section 48. Subsections (1) and (3) and paragraphs (a) and |
1477 | (b) of subsection(4) of section 331.367, Florida Statutes, are |
1478 | amended to read: |
1479 | 331.367 Space Florida Spaceport Management Council.-- |
1480 | (1) The Space Florida Spaceport Management Council is |
1481 | created within Space Florida the Florida Space Authority to |
1482 | provide coordination between government agencies and commercial |
1483 | operators for the purpose of developing recommendations on |
1484 | projects and activities to increase the operability and |
1485 | capabilities of Florida's space launch facilities, increase |
1486 | statewide space-related industry and opportunities, and promote |
1487 | space education, research, and technology development. The |
1488 | council shall work to create integrated facility and |
1489 | programmatic development plans to address commercial, state, and |
1490 | federal requirements and to identify appropriate private, state, |
1491 | and federal resources to implement these plans. |
1492 | (3) The council shall submit its recommendations to the |
1493 | Governor, the and Lieutenant Governor, the President of the |
1494 | Senate, and the Speaker of the House of Representatives and |
1495 | provide copies to the Secretary of Transportation, the director |
1496 | of the Office of Tourism, Trade, and Economic Development, the |
1497 | associate administrator for Space Transportation in the United |
1498 | States Department of Transportation, the administrator of the |
1499 | National Aeronautics and Space Administration, the Deputy |
1500 | Assistant Secretary of the Air Force for Space Plans and Policy, |
1501 | and the ex officio nonvoting council members of the Senate and |
1502 | the House of Representatives. |
1503 | (4)(a) The council shall be composed of an executive board |
1504 | consisting of representatives of governmental organizations |
1505 | having responsibilities for developing or operating space |
1506 | transportation facilities, and a Space Industry Committee |
1507 | consisting of representatives of Florida's space industry. |
1508 | (a)(b) The executive board consists of the following |
1509 | individuals or their designees: |
1510 | 1. The executive director of Space Florida the Florida |
1511 | Space Authority. |
1512 | 2. The executive director of the Florida Space Research |
1513 | Institute. |
1514 | 3. The president of the Florida Aerospace Finance |
1515 | Corporation. |
1516 | 4. A representative of the Space Industry Committee. |
1517 | 5.2. The Secretary of Transportation. |
1518 | 6.3. The president of Enterprise Florida, Inc., as an ex |
1519 | officio nonvoting member. |
1520 | 7.4. The director of the Office of Tourism, Trade, and |
1521 | Economic Development. |
1522 | (b) The Space Industry Committee shall consist of |
1523 | representatives of space flight businesses in this state, as |
1524 | defined in s. 212.031. |
1525 | Section 49. Section 331.368, Florida Statutes, is amended |
1526 | to read: |
1527 | 331.368 Florida Space Research Institute.-- |
1528 | (1) There is created the Florida Space Research Institute, |
1529 | the purpose of which is to serve as an industry-driven center |
1530 | for research, leveraging the state's resources in a |
1531 | collaborative effort to support Florida's space industry and its |
1532 | expansion, diversification, and transition to commercialization. |
1533 | (2) The institute shall operate as a public/private |
1534 | partnership under the direction of a board composed of: |
1535 | (a) A representative of Space Florida the Florida Space |
1536 | Authority. |
1537 | (b) A representative of Enterprise Florida, Inc. |
1538 | (c) A representative of the Florida Aviation Aerospace |
1539 | Alliance. |
1540 | (d) A representative of the Florida Aerospace Finance |
1541 | Corporation Space Business Roundtable. |
1542 | (e) Additional private-sector representatives from the |
1543 | space industry selected collaboratively by the core members |
1544 | specified in paragraphs (a)-(d). The additional space industry |
1545 | representatives under this paragraph must comprise the majority |
1546 | of members of the board and must be from geographic regions |
1547 | throughout the state. Each private-sector representative shall |
1548 | be appointed to a term of 3 years. |
1549 | (f) Two representatives from the educational community who |
1550 | are selected collaboratively by the core members specified in |
1551 | paragraphs (a)-(d) and who are engaged in research or |
1552 | instruction related to the space industry. One representative |
1553 | must be from a community college, and one representative must be |
1554 | from a public or private university. Each educational |
1555 | representative shall be appointed to a term of 2 years. |
1556 | (g) Additional ex officio, nonvoting representatives |
1557 | selected collaboratively by the core members. |
1558 | (3) Annually, the members of the board shall select one of |
1559 | the members to serve as chair, who shall be responsible for |
1560 | convening and leading meetings of the board. |
1561 | (4) Board members are considered to be volunteers as |
1562 | defined in s. 110.501 and shall serve with all protections |
1563 | provided to volunteers of state agencies under s. 768.1355. |
1564 | (5) For the purposes of contracts and grants, s. 216.346 |
1565 | shall apply to the institute's programs with state universities |
1566 | and community colleges. |
1567 | (6) The Florida Space Research Institute may: |
1568 | (a) Acquire property under such conditions as the board |
1569 | may deem necessary or desirable, and sell or otherwise dispose |
1570 | of the same. |
1571 | (b) Serve as a coordinating organization among public and |
1572 | private academic institutions, industry, and government agencies |
1573 | to support the expansion and diversification of Florida's space |
1574 | industry, and to support research and education programs. |
1575 | (c) Execute contracts and other documents, adopt |
1576 | proceedings, and perform any acts determined by the board to be |
1577 | necessary to carry out the purposes of this section. |
1578 | (d) Establish a personnel management system and |
1579 | procedures, rules, and rates governing administrative and |
1580 | financial operations of the institute. |
1581 | (e) Acquire, accept, or administer grants, contracts, and |
1582 | fees from other organizations to perform activities that are |
1583 | consistent with the purposes of this section. |
1584 | (f) Work in partnership with Space Florida the Florida |
1585 | Space Authority, Enterprise Florida, Inc., the Department of |
1586 | Education, and other organizations to support their programs to |
1587 | promote the state as a center for space enterprise, research, |
1588 | and technology development. |
1589 | (g) Work in collaboration with one or more universities |
1590 | and other public or private entities to develop a proposal for a |
1591 | Center of Excellence for Aerospace that will foster and promote |
1592 | the research necessary to develop commercially promising, |
1593 | advanced, and innovative science and technology and will |
1594 | transfer those discoveries to the commercial sector. |
1595 | (7) The board of the Florida Space Research Institute |
1596 | shall: |
1597 | (a) Set the strategic direction for the space-related |
1598 | research priorities of the state and its space-related |
1599 | businesses, the scope of research projects for the institute, |
1600 | and the timeframes for completion. |
1601 | (b) Invite the participation of public and private |
1602 | academic institutions, including, but not limited to, the |
1603 | University of Central Florida, the University of Florida, the |
1604 | University of South Florida, Florida State University, Florida |
1605 | Institute of Technology, Embry-Riddle Aeronautical University, |
1606 | and the University of Miami. |
1607 | (c) Select a lead university to: |
1608 | 1. Serve as coordinator of research for the institute; |
1609 | 2. Support the institute's development of a statewide |
1610 | space research agenda and programs; and |
1611 | 3. Develop, and update as necessary, a report recommending |
1612 | ways that the state's public and private universities can work |
1613 | in partnership to support the state's space-industry |
1614 | requirements. |
1615 | (d) Establish a partnership with the state Workforce |
1616 | Development Board, or its successor entity, under which the |
1617 | institute coordinates the workforce-training requirements |
1618 | identified by the space industry and supports development of |
1619 | workforce-training initiatives to meet such requirements, using |
1620 | training providers approved by the board or its successor |
1621 | entity. |
1622 | (e) Manage Comanage, with the National Aeronautics and |
1623 | Space Administration and subject to the terms of an agreement |
1624 | with NASA, operation of the Space Life Sciences Laboratory a |
1625 | Space Experiment Research and Processing Laboratory, if such a |
1626 | facility is constructed on land of the John F. Kennedy Space |
1627 | Center. The institute shall carry out such responsibility |
1628 | through a consortium of public and private universities in the |
1629 | state led by the University of Florida. |
1630 | (f) Pursuant to s. 1004.86, work in conjunction with the |
1631 | Department of Education to establish a Center for Mathematics |
1632 | and Science Education Research at a state university. |
1633 | (g)(f) Develop initiatives to foster the participation of |
1634 | the state's space industry in the International Space Station |
1635 | and to help the state maintain and enhance its competitive |
1636 | position in the commercial space-transportation industry. |
1637 | (h)(g) Pursue partnerships with the National Aeronautics |
1638 | and Space Administration to coordinate and conduct research in |
1639 | fields including, but not limited to, environmental monitoring; |
1640 | agriculture; aquatics; resource reutilization technologies for |
1641 | long-duration space missions; and spaceport technologies which |
1642 | support current or next-generation launch vehicles and range |
1643 | systems. |
1644 | (i)(h) Pursue partnerships with the National Aeronautics |
1645 | and Space Administration for the conduct of space-related |
1646 | research using computer technology to connect experts in a given |
1647 | field of science who are in disparate locations and to perform |
1648 | research experiments in a real-time, virtual environment. |
1649 | (j)(i) Appoint or dismiss, as deemed necessary by the |
1650 | board, a person to act as executive director of the institute, |
1651 | who shall have such other functions, duties, powers, and salary |
1652 | as the board prescribes. |
1653 | (k) Develop a strategy for and implement the acceleration |
1654 | of space-related education. |
1655 | (l) Engage in the planning and implementation of space- |
1656 | related educational development within the state. |
1657 | (8) By December 15 of each year, the institute shall |
1658 | submit a report of its activities and accomplishments for the |
1659 | year to the Governor, the President of the Senate, the Speaker |
1660 | of the House of Representatives, and the Commissioner of |
1661 | Education. The report shall also include recommendations |
1662 | regarding actions the state should take to enhance the |
1663 | development of space-related businesses, including: |
1664 | (a) Future research activities. |
1665 | (b) The development of capital and technology assistance |
1666 | to new and expanding industries. |
1667 | (c) The removal of regulatory impediments. |
1668 | (d) The establishment of business development incentives. |
1669 | (e) The initiation of education and training programs to |
1670 | ensure a skilled workforce. |
1671 | Section 50. Section 331.370, Florida Statutes, is created |
1672 | to read: |
1673 | 331.370 Program evaluation.--The Office of Program Policy |
1674 | Analysis and Government Accountability shall conduct a program |
1675 | evaluation of Space Florida, the Florida Space Research |
1676 | Institute, and the Florida Aerospace Finance Corporation. The |
1677 | evaluation shall assess the implementation and outcomes of |
1678 | activities using data and information regarding the most |
1679 | recently completed fiscal year and ongoing operations. At a |
1680 | minimum, the evaluation shall address: |
1681 | (1) Evaluation of statutory roles and functions. |
1682 | (2) Management structure. |
1683 | (3) Overall performance and effectiveness in meeting |
1684 | statutory requirements. |
1685 | (4) Degree of coordination and cooperation with other |
1686 | space entities. |
1687 |
|
1688 | The report shall be submitted to the Governor, the President of |
1689 | the Senate, and the Speaker of the House of Representatives by |
1690 | January 31, 2007. |
1691 | Section 51. Subsections (2) through (10) of section |
1692 | 331.405, Florida Statutes, are amended to read: |
1693 | 331.405 Definitions.--As used in this part: |
1694 | (2) "Aerospace industry" means the industry concerned with |
1695 | the design and manufacture of aircraft, rockets, missiles, |
1696 | spacecraft, satellites, space vehicles, space stations, or space |
1697 | facilities, and related or components thereof, and equipment, |
1698 | systems, facilities, simulators, programs, and activities, |
1699 | including the application of aerospace technologies in air- |
1700 | based, land-based, and sea-based platforms for commercial, |
1701 | civil, and defense purposes related thereto. |
1702 | (3) "Authority" means the Florida Space Authority created |
1703 | by s. 331.302. |
1704 | (3)(4) "Board" means the governing body of the |
1705 | corporation. |
1706 | (4)(5) "Corporation" means the Florida Aerospace Finance |
1707 | Corporation. |
1708 | (5)(6) "Domiciled in this state" means registered to do |
1709 | business in Florida. |
1710 | (6)(7) "Financial institution" has the same meaning as in |
1711 | s. 655.005(1)(h). |
1712 | (7)(8) "Financing agreement" has the same meaning as in s. |
1713 | 331.303(10). |
1714 | (8)(9) "Member" means an individual appointed to be a |
1715 | member of the board. |
1716 | (9)(10) "President" means the chief executive officer of |
1717 | the corporation. |
1718 | Section 52. Subsection (2) of section 331.407, Florida |
1719 | Statutes, is amended to read: |
1720 | 331.407 Florida Aerospace Finance Corporation.-- |
1721 | (2) The corporation may shall have the power and authority |
1722 | to carry out the following functions: |
1723 | (a) To Coordinate its efforts with programs and goals of |
1724 | the United States Air Force, the National Aeronautics and Space |
1725 | Administration, the Export-Import Bank, the International Trade |
1726 | Administration of the United States Department of Commerce, the |
1727 | Foreign Credit Insurance Association, Enterprise Florida, Inc., |
1728 | and its boards, and other private and public programs and |
1729 | organizations, domestic and foreign. |
1730 | (b) To Establish a network of contacts among those |
1731 | domestic and foreign public and private organizations which |
1732 | provide information, technical assistance, and financial support |
1733 | to the aerospace industry. |
1734 | (c) To Assemble, publish, and disseminate information on |
1735 | financing opportunities and techniques of financing aerospace |
1736 | projects, programs, and activities; sources of public and |
1737 | private aerospace financing assistance; and sources of |
1738 | aerospace-related financing. |
1739 | (d) To Organize, host, and participate in seminars and |
1740 | other forums designed to disseminate information and technical |
1741 | assistance regarding aerospace-related financing. |
1742 | (e) To Insure, coinsure, lend, and guarantee loans, and to |
1743 | originate for sale direct aerospace-related loans, pursuant to |
1744 | criteria, bylaws, policies, and procedures adopted by the board. |
1745 | (f) To Capitalize, underwrite, and secure funding for |
1746 | aerospace infrastructure, satellites, launch vehicles, and any |
1747 | service which supports aerospace launches. |
1748 | (g) To Construct, lease, or sell aerospace infrastructure, |
1749 | satellites, launch vehicles, and any other related activities |
1750 | and services. |
1751 | (h) To Acquire property, including real, personal, |
1752 | tangible, intangible, or mixed, under such conditions as the |
1753 | board may deem necessary or desirable, and sell or otherwise |
1754 | dispose of the same. |
1755 | (i) To Make and exercise any and all contracts or other |
1756 | instruments necessary or convenient to the exercise of its |
1757 | powers, including financing agreements. |
1758 | (j) Contract for innovative mathematics and science |
1759 | education programs targeting for grades 6 and 7 and meeting |
1760 | state standards. These programs may include hands-on or |
1761 | Internet-based aerospace education, provide transportation |
1762 | between schools and facilities if necessary, provide overnight |
1763 | accommodations if necessary, and provide direct exposure to the |
1764 | state's space infrastructure. Proceeds deposited pursuant to s. |
1765 | 212.20(6)(d) and private sector support shall be used for the |
1766 | purposes of this paragraph. |
1767 | Section 53. Paragraph (a) of subsection (1) of section |
1768 | 331.411, Florida Statutes, is amended to read: |
1769 | 331.411 Board of directors; powers and duties.-- |
1770 | (1) There is created a board of directors of the |
1771 | corporation, which shall consist of up to 7 voting members as |
1772 | follows: |
1773 | (a) One representative appointed by each of the following: |
1774 | 1. The board of supervisors of Space Florida the Florida |
1775 | Space Authority. |
1776 | 2. The board of directors of the Florida Export Finance |
1777 | Corporation. |
1778 | 3. The director of the Office of Tourism, Trade, and |
1779 | Economic Development. |
1780 | 4. The board of directors of Enterprise Florida, Inc. |
1781 | 5. The Secretary of Transportation. |
1782 |
|
1783 | The board shall also include two ex officio nonvoting members, a |
1784 | member of the House of Representatives selected by the Speaker |
1785 | of the House of Representatives, and a member of the Senate |
1786 | selected by the President of the Senate, both of whom shall |
1787 | serve 2-year terms. |
1788 | Section 54. Section 74.011, Florida Statutes, is amended |
1789 | to read: |
1790 | 74.011 Scope.--In any eminent domain action, properly |
1791 | instituted by and in the name of the state; the Department of |
1792 | Transportation; any county, school board, municipality, |
1793 | expressway authority, regional water supply authority, |
1794 | transportation authority, flood control district, or drainage or |
1795 | subdrainage district; the ship canal authority; any lawfully |
1796 | constituted housing, port, or aviation authority; Space Florida |
1797 | the Florida Space Authority; or any rural electric cooperative, |
1798 | telephone cooperative corporation, or public utility |
1799 | corporation, the petitioner may avail itself of the provisions |
1800 | of this chapter to take possession and title in advance of the |
1801 | entry of final judgment. |
1802 | Section 55. Subsection (6) of section 196.012, Florida |
1803 | Statutes, is amended to read: |
1804 | 196.012 Definitions.--For the purpose of this chapter, the |
1805 | following terms are defined as follows, except where the context |
1806 | clearly indicates otherwise: |
1807 | (6) Governmental, municipal, or public purpose or function |
1808 | shall be deemed to be served or performed when the lessee under |
1809 | any leasehold interest created in property of the United States, |
1810 | the state or any of its political subdivisions, or any |
1811 | municipality, agency, special district, authority, or other |
1812 | public body corporate of the state is demonstrated to perform a |
1813 | function or serve a governmental purpose which could properly be |
1814 | performed or served by an appropriate governmental unit or which |
1815 | is demonstrated to perform a function or serve a purpose which |
1816 | would otherwise be a valid subject for the allocation of public |
1817 | funds. For purposes of the preceding sentence, an activity |
1818 | undertaken by a lessee which is permitted under the terms of its |
1819 | lease of real property designated as an aviation area on an |
1820 | airport layout plan which has been approved by the Federal |
1821 | Aviation Administration and which real property is used for the |
1822 | administration, operation, business offices and activities |
1823 | related specifically thereto in connection with the conduct of |
1824 | an aircraft full service fixed base operation which provides |
1825 | goods and services to the general aviation public in the |
1826 | promotion of air commerce shall be deemed an activity which |
1827 | serves a governmental, municipal, or public purpose or function. |
1828 | Any activity undertaken by a lessee which is permitted under the |
1829 | terms of its lease of real property designated as a public |
1830 | airport as defined in s. 332.004(14) by municipalities, |
1831 | agencies, special districts, authorities, or other public bodies |
1832 | corporate and public bodies politic of the state, a spaceport as |
1833 | defined in s. 331.303(19), or which is located in a deepwater |
1834 | port identified in s. 403.021(9)(b) and owned by one of the |
1835 | foregoing governmental units, subject to a leasehold or other |
1836 | possessory interest of a nongovernmental lessee that is deemed |
1837 | to perform an aviation, airport, aerospace, maritime, or port |
1838 | purpose or operation shall be deemed an activity that serves a |
1839 | governmental, municipal, or public purpose. The use by a lessee, |
1840 | licensee, or management company of real property or a portion |
1841 | thereof as a convention center, visitor center, sports facility |
1842 | with permanent seating, concert hall, arena, stadium, park, or |
1843 | beach is deemed a use that serves a governmental, municipal, or |
1844 | public purpose or function when access to the property is open |
1845 | to the general public with or without a charge for admission. If |
1846 | property deeded to a municipality by the United States is |
1847 | subject to a requirement that the Federal Government, through a |
1848 | schedule established by the Secretary of the Interior, determine |
1849 | that the property is being maintained for public historic |
1850 | preservation, park, or recreational purposes and if those |
1851 | conditions are not met the property will revert back to the |
1852 | Federal Government, then such property shall be deemed to serve |
1853 | a municipal or public purpose. The term "governmental purpose" |
1854 | also includes a direct use of property on federal lands in |
1855 | connection with the Federal Government's Space Exploration |
1856 | Program or spaceport activities as defined in s. 212.02(22). |
1857 | Real property and tangible personal property owned by the |
1858 | Federal Government or Space Florida the Florida Space Authority |
1859 | and used for defense and space exploration purposes or which is |
1860 | put to a use in support thereof shall be deemed to perform an |
1861 | essential national governmental purpose and shall be exempt. |
1862 | "Owned by the lessee" as used in this chapter does not include |
1863 | personal property, buildings, or other real property |
1864 | improvements used for the administration, operation, business |
1865 | offices and activities related specifically thereto in |
1866 | connection with the conduct of an aircraft full service fixed |
1867 | based operation which provides goods and services to the general |
1868 | aviation public in the promotion of air commerce provided that |
1869 | the real property is designated as an aviation area on an |
1870 | airport layout plan approved by the Federal Aviation |
1871 | Administration. For purposes of determination of "ownership," |
1872 | buildings and other real property improvements which will revert |
1873 | to the airport authority or other governmental unit upon |
1874 | expiration of the term of the lease shall be deemed "owned" by |
1875 | the governmental unit and not the lessee. Providing two-way |
1876 | telecommunications services to the public for hire by the use of |
1877 | a telecommunications facility, as defined in s. 364.02(15), and |
1878 | for which a certificate is required under chapter 364 does not |
1879 | constitute an exempt use for purposes of s. 196.199, unless the |
1880 | telecommunications services are provided by the operator of a |
1881 | public-use airport, as defined in s. 332.004, for the operator's |
1882 | provision of telecommunications services for the airport or its |
1883 | tenants, concessionaires, or licensees, or unless the |
1884 | telecommunications services are provided by a public hospital. |
1885 | However, property that is being used to provide such |
1886 | telecommunications services on or before October 1, 1997, shall |
1887 | remain exempt, but such exemption expires October 1, 2004. |
1888 | Section 56. Subsection (22) of section 212.02, Florida |
1889 | Statutes, is amended to read: |
1890 | 212.02 Definitions.--The following terms and phrases when |
1891 | used in this chapter have the meanings ascribed to them in this |
1892 | section, except where the context clearly indicates a different |
1893 | meaning: |
1894 | (22) "Spaceport activities" means activities directed or |
1895 | sponsored by Space Florida the Florida Space Authority on |
1896 | spaceport territory pursuant to its powers and responsibilities |
1897 | under the Space Florida Act Florida Space Authority Act. |
1898 | Section 57. Paragraph (d) of subsection (6) of section |
1899 | 212.20, Florida Statutes, is amended to read: |
1900 | 212.20 Funds collected, disposition; additional powers of |
1901 | department; operational expense; refund of taxes adjudicated |
1902 | unconstitutionally collected.-- |
1903 | (6) Distribution of all proceeds under this chapter and s. |
1904 | 202.18(1)(b) and (2)(b) shall be as follows: |
1905 | (d) The proceeds of all other taxes and fees imposed |
1906 | pursuant to this chapter or remitted pursuant to s. 202.18(1)(b) |
1907 | and (2)(b) shall be distributed as follows: |
1908 | 1. In any fiscal year, the greater of $500 million, minus |
1909 | an amount equal to 4.6 percent of the proceeds of the taxes |
1910 | collected pursuant to chapter 201, or 5 percent of all other |
1911 | taxes and fees imposed pursuant to this chapter or remitted |
1912 | pursuant to s. 202.18(1)(b) and (2)(b) shall be deposited in |
1913 | monthly installments into the General Revenue Fund. |
1914 | 2. Two-tenths of one percent shall be transferred to the |
1915 | Ecosystem Management and Restoration Trust Fund to be used for |
1916 | water quality improvement and water restoration projects. |
1917 | 3. After the distribution under subparagraphs 1. and 2., |
1918 | 8.814 percent of the amount remitted by a sales tax dealer |
1919 | located within a participating county pursuant to s. 218.61 |
1920 | shall be transferred into the Local Government Half-cent Sales |
1921 | Tax Clearing Trust Fund. Beginning July 1, 2003, the amount to |
1922 | be transferred pursuant to this subparagraph to the Local |
1923 | Government Half-cent Sales Tax Clearing Trust Fund shall be |
1924 | reduced by 0.1 percent, and the department shall distribute this |
1925 | amount to the Public Employees Relations Commission Trust Fund |
1926 | less $5,000 each month, which shall be added to the amount |
1927 | calculated in subparagraph 4. and distributed accordingly. |
1928 | 4. After the distribution under subparagraphs 1., 2., and |
1929 | 3., 0.095 percent shall be transferred to the Local Government |
1930 | Half-cent Sales Tax Clearing Trust Fund and distributed pursuant |
1931 | to s. 218.65. |
1932 | 5. After the distributions under subparagraphs 1., 2., 3., |
1933 | and 4., 2.0440 percent of the available proceeds pursuant to |
1934 | this paragraph shall be transferred monthly to the Revenue |
1935 | Sharing Trust Fund for Counties pursuant to s. 218.215. |
1936 | 6. After the distributions under subparagraphs 1., 2., 3., |
1937 | and 4., 1.3409 percent of the available proceeds pursuant to |
1938 | this paragraph shall be transferred monthly to the Revenue |
1939 | Sharing Trust Fund for Municipalities pursuant to s. 218.215. If |
1940 | the total revenue to be distributed pursuant to this |
1941 | subparagraph is at least as great as the amount due from the |
1942 | Revenue Sharing Trust Fund for Municipalities and the former |
1943 | Municipal Financial Assistance Trust Fund in state fiscal year |
1944 | 1999-2000, no municipality shall receive less than the amount |
1945 | due from the Revenue Sharing Trust Fund for Municipalities and |
1946 | the former Municipal Financial Assistance Trust Fund in state |
1947 | fiscal year 1999-2000. If the total proceeds to be distributed |
1948 | are less than the amount received in combination from the |
1949 | Revenue Sharing Trust Fund for Municipalities and the former |
1950 | Municipal Financial Assistance Trust Fund in state fiscal year |
1951 | 1999-2000, each municipality shall receive an amount |
1952 | proportionate to the amount it was due in state fiscal year |
1953 | 1999-2000. |
1954 | 7. Of the remaining proceeds: |
1955 | a. In each fiscal year, the sum of $29,915,500 shall be |
1956 | divided into as many equal parts as there are counties in the |
1957 | state, and one part shall be distributed to each county. The |
1958 | distribution among the several counties shall begin each fiscal |
1959 | year on or before January 5th and shall continue monthly for a |
1960 | total of 4 months. If a local or special law required that any |
1961 | moneys accruing to a county in fiscal year 1999-2000 under the |
1962 | then-existing provisions of s. 550.135 be paid directly to the |
1963 | district school board, special district, or a municipal |
1964 | government, such payment shall continue until such time that the |
1965 | local or special law is amended or repealed. The state covenants |
1966 | with holders of bonds or other instruments of indebtedness |
1967 | issued by local governments, special districts, or district |
1968 | school boards prior to July 1, 2000, that it is not the intent |
1969 | of this subparagraph to adversely affect the rights of those |
1970 | holders or relieve local governments, special districts, or |
1971 | district school boards of the duty to meet their obligations as |
1972 | a result of previous pledges or assignments or trusts entered |
1973 | into which obligated funds received from the distribution to |
1974 | county governments under then-existing s. 550.135. This |
1975 | distribution specifically is in lieu of funds distributed under |
1976 | s. 550.135 prior to July 1, 2000. |
1977 | b. The department shall distribute $166,667 monthly |
1978 | pursuant to s. 288.1162 to each applicant that has been |
1979 | certified as a "facility for a new professional sports |
1980 | franchise" or a "facility for a retained professional sports |
1981 | franchise" pursuant to s. 288.1162. Up to $41,667 shall be |
1982 | distributed monthly by the department to each applicant that has |
1983 | been certified as a "facility for a retained spring training |
1984 | franchise" pursuant to s. 288.1162; however, not more than |
1985 | $208,335 may be distributed monthly in the aggregate to all |
1986 | certified facilities for a retained spring training franchise. |
1987 | Distributions shall begin 60 days following such certification |
1988 | and shall continue for not more than 30 years. Nothing contained |
1989 | in this paragraph shall be construed to allow an applicant |
1990 | certified pursuant to s. 288.1162 to receive more in |
1991 | distributions than actually expended by the applicant for the |
1992 | public purposes provided for in s. 288.1162(6). However, a |
1993 | certified applicant is entitled to receive distributions up to |
1994 | the maximum amount allowable and undistributed under this |
1995 | section for additional renovations and improvements to the |
1996 | facility for the franchise without additional certification. |
1997 | c. Beginning 30 days after notice by the Office of |
1998 | Tourism, Trade, and Economic Development to the Department of |
1999 | Revenue that an applicant has been certified as the professional |
2000 | golf hall of fame pursuant to s. 288.1168 and is open to the |
2001 | public, $166,667 shall be distributed monthly, for up to 300 |
2002 | months, to the applicant. |
2003 | d. Beginning 30 days after notice by the Office of |
2004 | Tourism, Trade, and Economic Development to the Department of |
2005 | Revenue that the applicant has been certified as the |
2006 | International Game Fish Association World Center facility |
2007 | pursuant to s. 288.1169, and the facility is open to the public, |
2008 | $83,333 shall be distributed monthly, for up to 168 months, to |
2009 | the applicant. This distribution is subject to reduction |
2010 | pursuant to s. 288.1169. A lump sum payment of $999,996 shall be |
2011 | made, after certification and before July 1, 2000. |
2012 | e. Each dealer conducting business at a fixed location at |
2013 | the John F. Kennedy Space Center or Cape Canaveral Air Force |
2014 | Station, pursuant to a contract with the National Aeronautics |
2015 | and Space Administration or pursuant to a subcontract to such |
2016 | contract, shall file with the department a separate monthly |
2017 | report with segregated tax information regarding taxes collected |
2018 | on sales, admissions, tours, leases, and licenses taxable under |
2019 | this chapter. The dealer shall simultaneously file a copy of the |
2020 | report with the Florida Aerospace Finance Corporation, all of |
2021 | which is subject to the same confidentiality provisions as are |
2022 | applicable to returns and information filed with the department |
2023 | under s. 213.053. Each month, and no later than 30 days after |
2024 | collection, the department shall distribute to the Florida |
2025 | Aerospace Finance Corporation account created pursuant to s. |
2026 | 331.415 an amount equal to the proceeds collected by the |
2027 | department as shown by the returns required by this sub- |
2028 | subparagraph. However, the monthly distributions may not include |
2029 | proceeds of discretionary surtaxes due under this chapter. This |
2030 | sub-subparagraph does not affect any dealer's liability for |
2031 | other taxes imposed by and under this chapter. |
2032 | 8. All other proceeds shall remain with the General |
2033 | Revenue Fund. |
2034 | Section 58. Subsection (7) of section 288.063, Florida |
2035 | Statutes, is amended to read: |
2036 | 288.063 Contracts for transportation projects.-- |
2037 | (7) For the purpose of this section, Space Florida the |
2038 | Florida Space Authority may serve as the local government or as |
2039 | the contracting agency for transportation projects within |
2040 | spaceport territory as defined by s. 331.304. |
2041 | Section 59. Subsection (1) of section 288.075, Florida |
2042 | Statutes, is amended to read: |
2043 | 288.075 Confidentiality of records.-- |
2044 | (1) As used in this section, the term "economic |
2045 | development agency" means the Office of Tourism, Trade, and |
2046 | Economic Development, any industrial development authority |
2047 | created in accordance with part III of chapter 159 or by special |
2048 | law, Space Florida the Florida Space Authority created in part |
2049 | II of chapter 331, the Florida Aerospace Finance Corporation |
2050 | created in part III of chapter 331, the public economic |
2051 | development agency of a county or municipality, or any research |
2052 | and development authority created in accordance with part V of |
2053 | chapter 159. The term also includes any private agency, person, |
2054 | partnership, corporation, or business entity when authorized by |
2055 | the state, a municipality, or a county to promote the general |
2056 | business interests or industrial interests of the state or that |
2057 | municipality or county. |
2058 | Section 60. Subsection (2) of section 288.35, Florida |
2059 | Statutes, is amended to read: |
2060 | 288.35 Definitions.--The following terms, wherever used or |
2061 | referred to in this part, shall have the following meanings: |
2062 | (2) "Government agency" means the state or any county or |
2063 | political subdivision thereof; any state agency; any |
2064 | consolidated government of a county, and some or all of the |
2065 | municipalities located within said county; any chartered |
2066 | municipality in the state; and any of the institutions of such |
2067 | consolidated governments, counties, or municipalities. |
2068 | Specifically included are airports, port authorities, industrial |
2069 | authorities, and Space Florida the Florida Space Authority. |
2070 | Section 61. Subsection (2) of section 288.9415, Florida |
2071 | Statutes, is amended to read: |
2072 | 288.9415 International Trade Grants.-- |
2073 | (2) A county, municipality, economic development council, |
2074 | Space Florida the Florida Space Authority, or a not-for-profit |
2075 | association of businesses organized to assist in the promotion |
2076 | of international trade may apply for a grant of state funds for |
2077 | the promotion of international trade. |
2078 | Section 62. Section 1004.86, Florida Statutes, is created |
2079 | to read: |
2080 | 1004.86 Florida Center for Mathematics and Science |
2081 | Education Research.-- |
2082 | (1) The Department of Education, in conjunction with the |
2083 | Florida Space Research Institute, shall establish at a state |
2084 | university the Florida Center for Mathematics and Science |
2085 | Education Research to increase student achievement in |
2086 | mathematics and science. The center shall: |
2087 | (a) Provide technical assistance and support to school |
2088 | districts and schools in the development and implementation of |
2089 | mathematics and science instruction. |
2090 | (b) Conduct applied research on policy and practices |
2091 | related to mathematics and science instruction and assessment in |
2092 | the state. |
2093 | (c) Conduct or compile basic research regarding student |
2094 | acquisition of mathematics and science knowledge and skills. |
2095 | (d) Develop comprehensive course frameworks for |
2096 | mathematics and science courses that emphasize rigor and |
2097 | relevance at the elementary, middle, and high school levels. |
2098 | (e) Disseminate information regarding research-based |
2099 | teaching practices in mathematics and science to teachers and |
2100 | teacher educators in the state. |
2101 | (f) Collect, manage, and report on assessment information |
2102 | regarding student achievement in mathematics and science. |
2103 | (g) Establish partnerships with state universities, |
2104 | community colleges, and school districts. |
2105 | (h) Collaborate with the Florida Center for Reading |
2106 | Research in order to provide research-based practices that |
2107 | integrate the teaching of reading within mathematics and |
2108 | sciences courses. |
2109 | (2) The department shall monitor the center through the |
2110 | Division of K-12 Public Schools. |
2111 | Section 63. This act shall take effect July 1, 2006. |