Florida Senate - 2009 SB 1184 By Senator Altman 24-00436A-09 20091184__ 1 A bill to be entitled 2 An act relating to the Space and Aerospace Catalyst 3 and Enhancement Program; creating s. 288.1087, F.S.; 4 providing legislative intent; creating the Space and 5 Aerospace Catalyst and Enhancement Program in the 6 Office of Tourism, Trade, and Economic Development; 7 providing that funds be used to upgrade space-related 8 infrastructure or business facilities or to enter into 9 partnerships with applicable businesses on space or 10 aerospace-related projects; requiring that Space 11 Florida and its partners provide certain information 12 in their application to the Office of Tourism, Trade, 13 and Economic Development; requiring that Space Florida 14 contract with a nationally recognized consultant to 15 develop an economic impact assessment model that 16 evaluates the costs, benefits, useful life, and other 17 relevant factors related to space and aerospace 18 projects; requiring that the model be available to 19 Space Florida by a specified date; providing for the 20 criteria that a project must meet to receive funding; 21 providing for the waiver of such criteria; requiring 22 that the director of the Office of Tourism, Trade, and 23 Economic Development recommend approval or disapproval 24 of a proposed project; requiring that the 25 recommendation be sent to the Governor; providing that 26 the Governor consult with the President of the Senate 27 and the Speaker of the House of Representatives before 28 giving final approval; providing that the Legislative 29 Budget Commission review a project that has received 30 final approval before releasing the funds; requiring 31 that the director of the Office of Tourism, Trade, and 32 Economic Development and the recipient of the funds 33 enter into a contract containing certain conditions; 34 requiring that Space Florida compile and include 35 information relating to each project in its annual 36 report; providing an effective date. 37 38 Be It Enacted by the Legislature of the State of Florida: 39 40 Section 1. Section 288.1087, Florida Statutes, is created to 41 read: 42 288.1087 Space and Aerospace Catalyst and Enhancement 43 Program.— 44 (1)(a) The Legislature finds that attracting, retaining, 45 entering into partnerships with, and providing favorable 46 conditions for space and aerospace entrepreneurial endeavors is 47 necessary to provide widespread economic benefits to the state. 48 The Legislature also finds that public investment in the space 49 and aerospace industries will provide high-quality employment 50 opportunities for the residents of the state, increase the 51 overall tax base, invigorate the state's entrepreneurial climate 52 through the resulting business and employment opportunities, and 53 stimulate and enhance the state's universities and community 54 colleges. Further, the Legislature finds that international 55 competition exists for space and aerospace infrastructure, 56 facilities, and business opportunities, and in most instances, 57 when all available resources for economic development have been 58 used, the state encounters competitive disadvantages. The 59 Legislature finds that business incentives create a competitive 60 environment for space and aerospace businesses to make it 61 feasible for private investors to provide infrastructure in 62 those areas. 63 (b) The Legislature, therefore, declares that sufficient 64 resources shall be made available to respond to extraordinary 65 economic opportunities in the space and aerospace business 66 sectors, to address the need for space and aerospace business 67 facilities and infrastructure, and to compete for key space and 68 aerospace businesses interested in entering into partnerships 69 with the state. 70 (2) There is created in the Office of Tourism, Trade, and 71 Economic Development the Space and Aerospace Catalyst and 72 Enhancement Program that shall be available to Space Florida. 73 The moneys appropriated for the program shall be used to provide 74 or upgrade space-related infrastructure or business facilities 75 and to compete for key space and aerospace-associated businesses 76 interested in entering into partnerships with the state. The 77 moneys shall be distributed to Space Florida once the conditions 78 specified in subsection (5) are met. 79 (3) Space Florida and its partners shall submit to the 80 Office of Tourism, Trade, and Economic Development a joint 81 application detailing their proposed project. The application 82 shall include the following information: 83 (a) A description of the type of space and aerospace 84 infrastructure project, its operations, and the product or 85 services associated with the facility. 86 (b) The number of full-time equivalent jobs that will be 87 created by the space and aerospace infrastructure project, the 88 total estimated average annual wages of those jobs, and the 89 types of business activities and jobs stimulated by the 90 investment. 91 (c) The cumulative amount of investment of public and, if 92 applicable, private funds that will be dedicated to the project 93 within a specified period. 94 (d) A description of the stimulating effect that the 95 project is expected to have on a particular business sector in 96 the state or regional economy or on the state's universities and 97 community colleges. 98 (e) A statement of how the public investment is expected to 99 affect the applicant's decision to locate or expand its business 100 in the state. 101 (f) If Space Florida is entering into a public-private 102 partnership with a space-related business entity, a financial 103 analysis of the entity, including an evaluation of the entity's 104 short-term liquidity ratio as measured by its assets to 105 liability, the entity's profitability ratio, the entity's long 106 term solvency as measured by its debt-to-equity ratio, and the 107 entity's most recent financial audit statement and the related 108 auditor's management letter. 109 (4) Space Florida shall enter into a contract with a 110 nationally recognized economic consultant to develop an economic 111 impact assessment model that evaluates the costs, benefits, 112 useful life, and other relevant factors related to space and 113 aerospace projects. The model must be available for use by Space 114 Florida no later than December 31, 2009. 115 (5) In order to receive funds through the Space and 116 Aerospace Catalyst and Enhancement Program, a project must: 117 (a) Assist Space Florida in carrying out its 118 responsibilities under part II of chapter 331; 119 (b) Create the potential for or retain existing high 120 quality, high-salary jobs in the space and aerospace industries 121 in the state; 122 (c) Have a potential positive payback ratio of at least 5 123 to 1; 124 (d) Be an inducement to the project's location or expansion 125 in the state; 126 (e) Be supported by the local community in which the 127 project is located; 128 (f) If a public-private partnership, include a match to the 129 state investment; and 130 (g) Have undergone the economic analysis in subsection (4). 131 (6) The Office of Tourism, Trade, and Economic Development 132 may waive the criteria specified in subsection (5) based on 133 extraordinary circumstances and if the project would 134 significantly benefit the local or regional economy. 135 (7)(a) After receiving the application and the economic 136 impact assessment, the director of the Office of Tourism, Trade, 137 and Economic Development, in consultation with Space Florida, 138 shall recommend the approval or disapproval of each proposed 139 project. The recommendation must include performance conditions 140 that the project must meet in order to obtain funding. 141 (b) The director's recommendation approving a project shall 142 be sent to the Governor, who shall further evaluate the project. 143 The Governor shall consult with the President of the Senate and 144 the Speaker of the House of Representatives before giving a 145 project final approval. 146 (c) The Executive Office of the Governor shall present an 147 approved project and the funding request for the project to the 148 Legislative Budget Commission, which shall conduct its review 149 and release the funds pursuant to the legislative consultation 150 and review requirements set forth in s. 216.177. 151 (d) After receiving final approval for a project, the 152 director of the Office of Tourism, Trade, and Economic 153 Development and the recipient shall enter into a contract that 154 sets forth the conditions for receiving moneys for the project. 155 The contract must include the total amount of funds awarded, the 156 performance conditions that must be met in order to obtain the 157 award, a baseline of current service and a measure of enhanced 158 capability, the methodology for validating performance, the 159 schedule of payments, and sanctions for failure to meet 160 performance conditions. The contract must state that payment is 161 contingent upon sufficient appropriation of funds by the 162 Legislature and upon sufficient release of appropriated funds by 163 the Legislative Budget Commission. 164 (8) Space Florida shall compile information about each 165 project that is funded through the Space and Aerospace Catalyst 166 and Enhancement Program and include the information in its 167 annual report. 168 Section 2. This act shall take effect July 1, 2009.