Florida Senate - 2021 CS for SB 936
By the Committee on Military and Veterans Affairs, Space, and
Domestic Security; and Senators Wright and Farmer
583-02311-21 2021936c1
1 A bill to be entitled
2 An act relating to recovery of spaceflight assets;
3 creating s. 331.502, F.S.; defining terms; providing
4 that a spaceflight entity retains ownership of a
5 spaceflight asset after launch or upon reentry;
6 requiring a person who finds an item reasonably
7 identifiable as a spaceflight asset to report the
8 description and location of the asset to law
9 enforcement; requiring a law enforcement agency to
10 make reasonable efforts to identify and notify the
11 owner of a spaceflight asset; authorizing the owner of
12 a spaceflight asset to enter private property under
13 specified circumstances; prohibiting a person from
14 appropriating a spaceflight asset to his or her own
15 use or refusing to surrender a spaceflight asset to
16 law enforcement or the owner; providing criminal
17 penalties; amending s. 331.501, F.S.; updating
18 references to federal provisions; providing an
19 effective date.
20
21 Be It Enacted by the Legislature of the State of Florida:
22
23 Section 1. Section 331.502, Florida Statutes, is created to
24 read:
25 331.502 Recovery of spaceflight assets.—
26 (1) As used in this section, the term:
27 (a) “Launch” has the same meaning as provided in 51 U.S.C.
28 50902.
29 (b) “Law enforcement agency” has the same meaning as
30 provided in s. 908.102.
31 (c) “Law enforcement officer” has the same meaning as
32 provided in s. 943.10.
33 (d) “Reentry” has the same meaning as provided in 51 U.S.C.
34 50902.
35 (e) “Spaceflight activities” and “spaceflight entity” have
36 the same meanings as provided in s. 331.501(1).
37 (f) “Spaceflight asset” means any item, or any part of an
38 item, owned by a spaceflight entity which is used in spaceflight
39 activities, including crewed and uncrewed capsules, launch
40 vehicles, parachutes and other landing aids, and any ancillary
41 equipment that was attached to the launch vehicle during launch,
42 orbit, or reentry.
43 (2) A spaceflight entity retains ownership over a
44 spaceflight asset following a launch or reentry, regardless of
45 the physical condition or location of a spaceflight asset,
46 unless or until such time the spaceflight entity expressly
47 indicates its intent to abandon the asset.
48 (3)(a) A person who locates any item reasonably
49 identifiable as a spaceflight asset must report the description
50 and location of the spaceflight asset to a law enforcement
51 agency having jurisdiction over the location.
52 (b) A law enforcement agency that receives a report under
53 this subsection must make a reasonable effort to identify the
54 owner of the spaceflight asset and promptly notify the owner of
55 any information relevant to the recovery of the spaceflight
56 asset.
57 (4) The owner of a spaceflight asset may enter private
58 property to recover a spaceflight asset if a law enforcement
59 officer authorizes such entry after determining that exigent
60 circumstances exist. Exigent circumstances may include, but are
61 not limited to, a determination that a failure to timely recover
62 the spaceflight asset may result in an immediate danger to
63 public safety or damage to, or destruction of, the spaceflight
64 asset.
65 (5) A person may not knowingly appropriate an item
66 reasonably identifiable as a spaceflight asset to his or her own
67 use, or to the use of any other person not entitled to the
68 spaceflight asset, or refuse to surrender a spaceflight asset to
69 a law enforcement officer or the owner upon demand. A person who
70 violates this subsection commits misappropriation of a
71 spaceflight asset, a misdemeanor of the first degree, punishable
72 as provided in s. 775.082 or s. 775.083. A court shall order any
73 person convicted of violating this subsection to pay restitution
74 to the owner of the spaceflight asset if, as a result of the
75 misappropriation of a spaceflight asset, the asset is damaged or
76 cannot be recovered.
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.