HB 307

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


CODING: Words stricken are deletions; words underlined are additions.