Florida Senate - 2008 CS for SB 2426
By the Committee on Commerce; and Senator Posey
577-06366-08 20082426c1
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A bill to be entitled
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An act relating to Space Florida; creating s. 288.1087,
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F.S.; providing legislative intent; creating the Space and
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Aerospace Catalyst and Enhancement Program in the Office
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of Tourism, Trade, and Economic Development; providing for
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moneys from the funds to be distributed to upgrade space-
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related infrastructure or to enter into partnerships with
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applicable businesses on space-related projects; requiring
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that certain information be provided to the Office of
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Tourism, Trade, and Economic Development; providing for a
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contract with nationally recognized economists to develop
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an economic impact assessment model that evaluates the
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costs, benefits, useful life, and other relevant factors
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related to space and aerospace infrastructure projects;
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describing the criteria by which the proposals will be
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judged as eligible to receive funding; requiring the
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executive board of Space Florida and the director of the
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Office of Tourism, Trade, and Economic Development to
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recommend approval or disapproval of proposed projects;
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providing for the Governor to decide which proposed
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projects receive the funds; requiring certain contract
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conditions; describing the content of the contract;
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providing an appropriation; designating Space Mile Marker
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One at the Space Florida headquarters; authorizing Space
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Florida to erect suitable markers; providing an effective
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date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 288.1087, Florida Statutes, is created
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to read:
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288.1087 The Space and Aerospace Catalyst and Enhancement
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Act.--
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(1)(a) The Legislature finds that attracting, retaining,
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entering into partnerships with, and providing favorable
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conditions for space and aerospace entrepreneurial endeavors can
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provide widespread economic benefit to the state. State
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investment in the space and aerospace industry can help provide
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high-quality employment opportunities for residents of this
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state, increase the overall tax base, invigorate the state's
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entrepreneurial climate through the resulting business and
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employment opportunities, and stimulate and enhance the state's
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universities and community colleges. The Legislature also finds
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that in the global economy there exists international competition
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for space and aerospace infrastructure, facilities, and business
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opportunities, and in most instances, when all available
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resources for economic development have been used, the state
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encounters competitive disadvantages. Further, the Legislature
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finds that business incentives help create a competitive
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environment for aerospace and space business. This often requires
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an incentive to make it feasible for private investors to provide
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infrastructure in those areas.
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(b) The Legislature, therefore, declares that sufficient
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resources should be made available to respond to extraordinary
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economic opportunities in the space and aerospace business
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sectors, to address the need for space and aerospace business
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facilities and infrastructure, and to compete for key space and
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aerospace businesses interested in entering into partnerships
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with the state.
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(2) There is created in the Office of Tourism, Trade, and
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Economic Development the Space and Aerospace Catalyst and
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Enhancement Program to be available for use by Space Florida. The
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moneys from the fund, which will be distributed to Space Florida
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once certain conditions are met, shall be used to provide or
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upgrade space-related infrastructure or business facilities, and
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to compete for key space- and aerospace-associated businesses
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interested in entering into partnerships with the state.
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(3) Space Florida shall submit the following information
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concerning its proposed infrastructure projects to the office for
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its initial review. The information must include:
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(a) A description of the type of space and aerospace
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infrastructure project, its operations, and the associated
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product or services associated with the facility.
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(b) The number of full-time equivalent jobs that will be
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created by the space and aerospace infrastructure project, the
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total estimated average annual wages of those jobs, and the types
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of business activities and jobs stimulated by the investment.
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(c) The cumulative amount of investment of public and, if
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applicable, private funds that will be dedicated to the project
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within a specified period.
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(d) A description of the stimulating effect that the
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project is expected to have on a particular business sector in
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the state or regional economy or on the state's universities and
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community colleges.
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(e) A statement of how the public investment is expected to
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affect the decision of the applicant's business to locate or
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expand in this state.
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(f) In those instances where Space Florida is entering into
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a public-private partnership with a space-related business
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entity, a financial analysis of the project company, including an
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evaluation of the company's short-term liquidity ratio as
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measured by its assets to liability, the company's profitability
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ratio, the company's long-term solvency as measured by its debt-
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to-equity ratio, and the company's most recent financial audit
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statement and the related auditor's management letter.
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(4) The office of Tourism, Trade, and Economic Development
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shall contract with nationally recognized economists to develop
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an economic impact assessment model that evaluates the costs,
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benefits, useful life, and other relevant factors related to
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space and aerospace infrastructure projects. The economic impact
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assessment model must be available for use by Space Florida and
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the Office of Tourism, Trade, and Economic Development no later
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than December 31, 2008.
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(5) Projects eligible to receive funds through the Space
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and Aerospace Catalyst and Enhancement Program must:
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(a) Assist Space Florida in carrying out its
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responsibilities under part II of chapter 331;
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(b) Create the potential for or retain existing high-
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quality, high-salary jobs in the space or aerospace industry in
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this state;
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(c) Have a potential positive payback ratio of at least 5
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to 1;
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(d) Be an inducement to the project's location or expansion
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in the state;
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(e) Be supported by the local community in which the
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project is to be located;
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(f) If a public-private partnership, includes a match to
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the state investment; and
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(g) Have undergone the economic analysis in subsection (4).
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(6) The Office of Tourism, Trade, and Economic Development
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may waive these criteria based on extraordinary circumstances if
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the project would significantly benefit the local or regional
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economy.
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(7)(a) After receiving the economic impact assessment, the
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Space Florida executive board and the director of the Office of
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Tourism, Trade, and Economic Development shall meet to recommend
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approval or disapproval of each proposed project. For projects
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recommended to receive funds, the board and director shall rank
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each proposal in the order of its meeting the established
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criteria. When recommending a project, Space Florida and the
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director of the Office of Tourism, Trade, and Economic
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Development must include proposed performance conditions that the
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project must meet in order to obtain money from the fund.
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(b) The recommendations shall be sent to the Governor who
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shall further evaluate the projects approved for funding. The
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Governor shall consult with the President of the Senate and the
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Speaker of the House of Representatives before giving final
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approval for a project.
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(c) The Executive Office of the Governor shall present the
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recommended projects and funding request to the Legislative
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Budget Commission, which shall conduct its review and release the
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project funds pursuant to the legislative consultation and review
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requirements set forth in s. 216.177. The recommendations must
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include proposed performance conditions that each project is
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expected to meet in order to receive funds.
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(d) After receiving the required approvals, the director of
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the Office of Tourism, Trade, and Economic Development and the
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recipient shall enter into a contract that sets forth the
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conditions for receiving moneys from the fund. The contract must
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include the total amount of funds awarded, the performance
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conditions that must be met in order to obtain the award, a
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baseline of current service and a measure of enhanced capability,
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the methodology for validating performance, the schedule of
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payments from the fund, and sanctions for failure to meet
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performance conditions. The contract must state that payment is
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contingent upon sufficient appropriation of funds by the
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Legislature and upon sufficient release of appropriated funds by
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the Legislative Budget Commission.
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(8) Space Florida shall compile information about the
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projects funded through the Space and Aerospace Catalyst and
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Enhancement Program, and include the information in its annual
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report.
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Section 2. For the 2008-2009 fiscal year, the sum of $15
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million in nonrecurring funds is appropriated from the General
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Revenue Fund to the Space and Aerospace Catalyst and Enhancement
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Program in the Office of Tourism, Trade, and Economic Development
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for Space Florida for the purpose of implementing the provisions
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of this act. The funds shall be deposited in the Economic
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Development Trust Fund and withdrawn as approved.
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Section 3. Space Mile Marker One designated; Space Florida
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to erect suitable markers.--
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(1) Space Florida shall identify and designate an 18-inch
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by 18-inch square of land near the Space Florida headquarters
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building as "Space Mile Marker One."
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(2) Space Florida is authorized to erect suitable markers
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designating Space Mile Marker One as described in subsection (1).
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Section 4. This act shall take effect July 1, 2008.
CODING: Words stricken are deletions; words underlined are additions.