Florida Senate - 2021                                     SB 936
       
       
        
       By Senator Wright
       
       
       
       
       
       14-00869A-21                                           2021936__
    1                        A bill to be entitled                      
    2         An act relating to recovery of space vehicles;
    3         creating s. 331.502, F.S.; providing definitions;
    4         requiring a person who finds a space vehicle to report
    5         its description and location to a law enforcement
    6         officer; prohibiting such a person from appropriating
    7         the space vehicle to his or her own use or refusing to
    8         deliver the space vehicle to law enforcement or the
    9         spaceflight entity that owns the vehicle; providing
   10         criminal penalties; providing powers and duties of a
   11         law enforcement officer who ascertains that a person
   12         has wrongfully appropriated or withheld a space
   13         vehicle or that a space vehicle is present on public
   14         property; providing penalties for a person who
   15         opposes, obstructs, or resists a law enforcement
   16         officer under certain circumstances; providing
   17         immunity from prosecution for a law enforcement
   18         officer and a person authorized by a law enforcement
   19         officer for certain actions; requiring the spaceflight
   20         entity that owns a recovered space vehicle to
   21         reimburse a law enforcement agency for certain costs;
   22         amending s. 331.501, F.S.; updating references to
   23         federal provisions; providing an effective date.
   24          
   25  Be It Enacted by the Legislature of the State of Florida:
   26  
   27         Section 1. Section 331.502, Florida Statutes, is created to
   28  read:
   29         331.502Recovery of space vehicles.—
   30         (1)As used in this section, the term:
   31         (a)“Spaceflight activities” and “spaceflight entity” have
   32  the same meanings as provided in s. 331.501(1).
   33         (b)“Space vehicle” means any item, or any part of an item,
   34  owned by a spaceflight entity which is used in spaceflight
   35  activities, including crewed and uncrewed capsules, launch
   36  vehicles, parachutes and other landing aids, and any ancillary
   37  equipment that was attached to the launch vehicle during launch,
   38  orbit, or reentry.
   39         (2)A person who finds a space vehicle must report the
   40  description and location of the space vehicle to a law
   41  enforcement officer as defined in s. 943.10(1).
   42         (3)A person who finds a space vehicle may not appropriate
   43  the space vehicle to his or her own use or refuse to deliver the
   44  space vehicle, when required, to law enforcement or to the
   45  spaceflight entity that owns the space vehicle. A person who
   46  violates this subsection commits theft as defined in s. 812.014,
   47  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
   48         (4)A law enforcement officer who ascertains that a person
   49  has wrongfully appropriated or withheld a space vehicle under
   50  this section may demand that the person surrender the space
   51  vehicle to the law enforcement officer. The law enforcement
   52  officer shall keep the space vehicle in custody until it can be
   53  transferred to the spaceflight entity that owns the space
   54  vehicle. The law enforcement officer must make a reasonable
   55  attempt to ascertain and notify the rightful owner.
   56         (5)A law enforcement officer who ascertains that a space
   57  vehicle is present on public property may take the space vehicle
   58  into custody. The law enforcement officer shall keep the space
   59  vehicle in custody until it can be transferred to the
   60  spaceflight entity that owns the space vehicle. The law
   61  enforcement officer must make a reasonable attempt to ascertain
   62  and notify the rightful owner.
   63         (6)A person who opposes, obstructs, or resists a law
   64  enforcement officer or a person authorized by the law
   65  enforcement officer in the discharge of his or her duties as
   66  provided in this section commits a misdemeanor of the second
   67  degree, punishable as provided in s. 775.082 or s. 775.083.
   68         (7)A law enforcement officer or a person authorized by the
   69  law enforcement officer is immune from civil or criminal
   70  prosecution for reasonable, good faith trespass upon real
   71  property while in the discharge of his or her duties as provided
   72  in this section.
   73         (8)The spaceflight entity that owns a recovered space
   74  vehicle must reimburse a law enforcement agency for costs
   75  incurred by the law enforcement agency for transportation and
   76  storage of the recovered space vehicle.
   77         Section 2. Paragraphs (a) and (b) of subsection (1) of
   78  section 331.501, Florida Statutes, are amended to read:
   79         331.501 Spaceflight; informed consent.—
   80         (1) For purposes of this section, the term:
   81         (a) “Participant” means any spaceflight participant as that
   82  term is defined in 51 U.S.C. s. 50902 49 U.S.C. s. 70102.
   83         (b) “Spaceflight activities” means launch services or
   84  reentry services as those terms are defined in 51 U.S.C. s.
   85  50902 49 U.S.C. s. 70102.
   86         Section 3. This act shall take effect July 1, 2021.