| 1 | A bill to be entitled |
| 2 | An act relating to space and aerospace infrastructure; |
| 3 | providing a short title; amending s. 288.1088, F.S.; |
| 4 | providing legislative findings; authorizing the use of a |
| 5 | specified amount of resources for projects to retain or |
| 6 | create high-technology jobs directly associated with |
| 7 | developing a more diverse aerospace economy in the state; |
| 8 | authorizing Enterprise Florida, Inc., to waive eligibility |
| 9 | criteria for projects receiving funds from the Quick |
| 10 | Action Closing Fund which would mitigate the impact of the |
| 11 | conclusion of the space shuttle program; creating s. |
| 12 | 331.370, F.S.; providing legislative findings; requiring |
| 13 | the president of Space Florida to develop a strategy and |
| 14 | plan for the management and goals for the Space Business |
| 15 | Investment and Financial Services Trust Fund; providing |
| 16 | requirements for the strategy and plan; requiring Space |
| 17 | Florida's board of directors to adopt procedures for the |
| 18 | approval of all proposed expenditures and investments from |
| 19 | the fund; requiring the president of Space Florida to |
| 20 | submit a quarterly financial report on the use and status |
| 21 | of the fund to the Office of Tourism, Trade, and Economic |
| 22 | Development within the Executive Office of the Governor; |
| 23 | requiring Space Florida to submit an annual report to the |
| 24 | Governor and the Legislature; revising authorized uses of |
| 25 | specified Space Florida appropriations; providing a |
| 26 | contingent effective date. |
| 27 |
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| 28 | Be It Enacted by the Legislature of the State of Florida: |
| 29 |
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| 30 | Section 1. This act may be cited as the "Space Transition |
| 31 | and Revitalization Act." |
| 32 | Section 2. Section 288.1088, Florida Statutes, is amended |
| 33 | to read: |
| 34 | 288.1088 Quick Action Closing Fund.- |
| 35 | (1)(a) The Legislature finds that attracting, retaining, |
| 36 | and providing favorable conditions for the growth of certain |
| 37 | high-impact business facilities, privately developed critical |
| 38 | rural infrastructure, or key facilities in economically |
| 39 | distressed urban or rural communities which provide widespread |
| 40 | economic benefits to the public through high-quality employment |
| 41 | opportunities in such facilities or in related facilities |
| 42 | attracted to the state, through the increased tax base provided |
| 43 | by the high-impact facility and related businesses, through an |
| 44 | enhanced entrepreneurial climate in the state and the resulting |
| 45 | business and employment opportunities, and through the |
| 46 | stimulation and enhancement of the state's universities and |
| 47 | community colleges. In the global economy, there exists serious |
| 48 | and fierce international competition for these facilities, and |
| 49 | in most instances, when all available resources for economic |
| 50 | development have been used, the state continues to encounter |
| 51 | severe competitive disadvantages in vying for these business |
| 52 | facilities. Florida's rural areas must provide a competitive |
| 53 | environment for business in the information age. This often |
| 54 | requires an incentive to make it feasible for private investors |
| 55 | to provide infrastructure in those areas. |
| 56 | (b) The Legislature finds that the conclusion of the space |
| 57 | shuttle program and the gap in civil human space flight will |
| 58 | result in significant job losses that will negatively impact |
| 59 | families, companies, the state and regional economies, and the |
| 60 | capability level of this state's aerospace workforce. Thus, the |
| 61 | Legislature also finds that this loss of jobs is a matter of |
| 62 | state interest and great public importance. The Legislature |
| 63 | further finds that it is in the state's interest for provisions |
| 64 | to be made in incentive programs for economic development to |
| 65 | maximize the state's ability to mitigate these impacts and to |
| 66 | develop a more diverse aerospace economy. |
| 67 | (c)(b) The Legislature therefore declares that sufficient |
| 68 | resources shall be available to respond to extraordinary |
| 69 | economic opportunities and to compete effectively for these |
| 70 | high-impact business facilities, critical private infrastructure |
| 71 | in rural areas, and key businesses in economically distressed |
| 72 | urban or rural communities, and that up to 20 percent of these |
| 73 | resources may be used for projects to retain or create high- |
| 74 | technology jobs that are directly associated with developing a |
| 75 | more diverse aerospace economy in this state. |
| 76 | (2) There is created within the Office of Tourism, Trade, |
| 77 | and Economic Development the Quick Action Closing Fund. Projects |
| 78 | eligible for receipt of funds from the Quick Action Closing Fund |
| 79 | shall: |
| 80 | (a) Be in an industry as referenced in s. 288.106. |
| 81 | (b) Have a positive payback ratio of at least 5 to 1. |
| 82 | (c) Be an inducement to the project's location or |
| 83 | expansion in the state. |
| 84 | (d) Pay an average annual wage of at least 125 percent of |
| 85 | the areawide or statewide private sector average wage. |
| 86 | (e) Be supported by the local community in which the |
| 87 | project is to be located. |
| 88 | (3)(a) Enterprise Florida, Inc., shall review applications |
| 89 | pursuant to s. 288.061 and determine the eligibility of each |
| 90 | project consistent with the criteria in subsection (2). |
| 91 | Enterprise Florida, Inc., in consultation with the Office of |
| 92 | Tourism, Trade, and Economic Development, may waive these |
| 93 | criteria: |
| 94 | 1. Based on extraordinary circumstances; |
| 95 | 2. In order to mitigate the impact of the conclusion of |
| 96 | the space shuttle program; or |
| 97 | 3. In rural areas of critical economic concern if the |
| 98 | project would significantly benefit the local or regional |
| 99 | economy. |
| 100 | (b) Enterprise Florida, Inc., shall evaluate individual |
| 101 | proposals for high-impact business facilities and forward |
| 102 | recommendations regarding the use of moneys in the fund for such |
| 103 | facilities to the director of the Office of Tourism, Trade, and |
| 104 | Economic Development. Such evaluation and recommendation must |
| 105 | include, but need not be limited to: |
| 106 | 1. A description of the type of facility or |
| 107 | infrastructure, its operations, and the associated product or |
| 108 | service associated with the facility. |
| 109 | 2. The number of full-time-equivalent jobs that will be |
| 110 | created by the facility and the total estimated average annual |
| 111 | wages of those jobs or, in the case of privately developed rural |
| 112 | infrastructure, the types of business activities and jobs |
| 113 | stimulated by the investment. |
| 114 | 3. The cumulative amount of investment to be dedicated to |
| 115 | the facility within a specified period. |
| 116 | 4. A statement of any special impacts the facility is |
| 117 | expected to stimulate in a particular business sector in the |
| 118 | state or regional economy or in the state's universities and |
| 119 | community colleges. |
| 120 | 5. A statement of the role the incentive is expected to |
| 121 | play in the decision of the applicant business to locate or |
| 122 | expand in this state or for the private investor to provide |
| 123 | critical rural infrastructure. |
| 124 | 6. A report evaluating the quality and value of the |
| 125 | company submitting a proposal. The report must include: |
| 126 | a. A financial analysis of the company, including an |
| 127 | evaluation of the company's short-term liquidity ratio as |
| 128 | measured by its assets to liability, the company's profitability |
| 129 | ratio, and the company's long-term solvency as measured by its |
| 130 | debt-to-equity ratio; |
| 131 | b. The historical market performance of the company; |
| 132 | c. A review of any independent evaluations of the company; |
| 133 | d. A review of the latest audit of the company's financial |
| 134 | statement and the related auditor's management letter; and |
| 135 | e. A review of any other types of audits that are related |
| 136 | to the internal and management controls of the company. |
| 137 | (c)(b) Within 22 calendar days after receiving the |
| 138 | evaluation and recommendation from Enterprise Florida, Inc., the |
| 139 | director shall recommend to the Governor approval or disapproval |
| 140 | of a project for receipt of funds from the Quick Action Closing |
| 141 | Fund. In recommending a project, the director shall include |
| 142 | proposed performance conditions that the project must meet to |
| 143 | obtain incentive funds. The Governor shall provide the |
| 144 | evaluation of projects recommended for approval to the President |
| 145 | of the Senate and the Speaker of the House of Representatives |
| 146 | and consult with the President of the Senate and the Speaker of |
| 147 | the House of Representatives before giving final approval for a |
| 148 | project. The Executive Office of the Governor shall recommend |
| 149 | approval of a project and the release of funds pursuant to the |
| 150 | legislative consultation and review requirements set forth in s. |
| 151 | 216.177. The recommendation must include proposed performance |
| 152 | conditions that the project must meet in order to obtain funds. |
| 153 | (d)(c) Upon the approval of the Governor, the director of |
| 154 | the Office of Tourism, Trade, and Economic Development and the |
| 155 | business shall enter into a contract that sets forth the |
| 156 | conditions for payment of moneys from the fund. The contract |
| 157 | must include the total amount of funds awarded; the performance |
| 158 | conditions that must be met to obtain the award, including, but |
| 159 | not limited to, net new employment in the state, average salary, |
| 160 | and total capital investment; demonstrate a baseline of current |
| 161 | service and a measure of enhanced capability; the methodology |
| 162 | for validating performance; the schedule of payments from the |
| 163 | fund; and sanctions for failure to meet performance conditions. |
| 164 | The contract must provide that payment of moneys from the fund |
| 165 | is contingent upon sufficient appropriation of funds by the |
| 166 | Legislature and upon sufficient release of appropriated funds by |
| 167 | the Legislative Budget Commission. |
| 168 | (e)(d) Enterprise Florida, Inc., shall validate contractor |
| 169 | performance. Such validation shall be reported within 6 months |
| 170 | after completion of the contract to the Governor, President of |
| 171 | the Senate, and the Speaker of the House of Representatives. |
| 172 | Section 3. Section 331.370, Florida Statutes, is created |
| 173 | to read: |
| 174 | 331.370 Space Business Investment and Financial Services |
| 175 | Initiative.- |
| 176 | (1) The Legislature finds that there is a critical need |
| 177 | for capital assistance and financing services for aerospace |
| 178 | business expansion, economic development, and infrastructure |
| 179 | financing within the state. The Legislature further finds that |
| 180 | it is in the state's economic interest to provide initial |
| 181 | investment funding and to establish dedicated investment funding |
| 182 | during the period of transition from the space shuttle program |
| 183 | to provide financial and investment services consistent with the |
| 184 | powers and duties of the Space Florida Act to new and expanding |
| 185 | aerospace and space-enabled businesses, programs, and projects |
| 186 | in order to offset job losses and promote economic growth. |
| 187 | (2) The president of Space Florida shall develop a 5-year |
| 188 | strategy and plan for the management and goals of the Space |
| 189 | Business Investment and Financial Services Trust Fund, which |
| 190 | must be submitted to the board of directors and approved before |
| 191 | any investment or expenditure is made. This strategy and plan |
| 192 | must be updated and approved annually by the board of directors, |
| 193 | and included in the financing assistance plan established in s. |
| 194 | 331.305(6). The board of directors may adopt procedural rules |
| 195 | for the approval of all proposed expenditures and investments |
| 196 | from this fund. The president of Space Florida shall submit a |
| 197 | quarterly financial report on the use and status of the fund to |
| 198 | the Office of Tourism, Trade, and Economic Development within |
| 199 | the Executive Office of the Governor. Beginning January 1, 2011, |
| 200 | and every year thereafter, Space Florida shall submit to the |
| 201 | Governor, the President of the Senate, and the Speaker of the |
| 202 | House of Representatives a report summarizing the activities and |
| 203 | accomplishments of the recipients of assistance from the Space |
| 204 | Business Investment and Financial Services Trust Fund during the |
| 205 | previous 12 months. |
| 206 | Section 4. Notwithstanding any other provisions of law, |
| 207 | funds provided in Specific Appropriation 2649 of chapter 2008- |
| 208 | 152, Laws of Florida, for Space and Aerospace Infrastructure to |
| 209 | make improvements to Launch Complex 36 on the 45th Space Wing |
| 210 | property may also be used by Space Florida for improvements to |
| 211 | other launch complexes and space transportation facilities in |
| 212 | order to attract new space vehicle testing and launch business |
| 213 | to the state; to address intermodal requirements and impacts of |
| 214 | the launch ranges, spaceports, and other space transportation |
| 215 | facilities; to advance aerospace technology to meet the current |
| 216 | and future needs of the United States commercial space |
| 217 | transportation industry; and to assist in the development of |
| 218 | joint-use facilities and technology that support aviation and |
| 219 | aerospace operations, including high-altitude and suborbital |
| 220 | flights and range technology development. |
| 221 | Section 5. This act shall take effect July 1, 2010, if HB |
| 222 | 1391, or similar legislation creating the Space Business |
| 223 | Investment and Financial Services Trust Fund, is adopted in the |
| 224 | same legislative session or an extension thereof and becomes |
| 225 | law. |