Florida Senate - 2022 SB 1814
By Senator Bean
4-00906-22 20221814__
1 A bill to be entitled
2 An act relating to the Northeast Florida Regional
3 Spaceport Authority; creating part IV of chapter 331,
4 F.S., entitled “Northeast Florida Regional Spaceport
5 Authority”; creating s. 331.601, F.S.; providing a
6 short title; creating s. 331.6011, F.S.; providing
7 legislative findings and intent; creating s. 331.602,
8 F.S.; creating the Northeast Florida Regional
9 Spaceport Authority; providing the purpose and
10 responsibilities of the authority; prohibiting the
11 authority from endorsing a candidate for public
12 office; providing that the authority does not meet a
13 specified definition of the term “agency”; providing
14 applicability of certain provisions; creating s.
15 331.603, F.S.; defining terms; creating s. 331.604,
16 F.S.; specifying authority territory; creating s.
17 331.605, F.S.; providing powers of the authority;
18 creating s. 331.606, F.S.; requiring the authority to
19 file a federal notification to activate certain
20 airspace; creating s. 331.6081, F.S.; providing
21 membership requirements and terms of the authority’s
22 board of directors; requiring members to file a
23 statement of financial interests; creating s. 331.609,
24 F.S.; requiring the board to designate a treasurer;
25 authorizing the board to select depositories and
26 employ a fiscal agent and providing requirements
27 therefor; creating s. 331.610, F.S.; providing powers
28 and duties of the board; creating s. 331.611, F.S.;
29 providing requirements for the exercise of powers
30 within municipalities and other political
31 subdivisions; creating s. 331.612, F.S.; authorizing
32 the authority to construct projects, furnish
33 facilities and services, and establish and collect
34 charges within the regional spaceport; creating s.
35 331.613, F.S.; providing powers of the authority
36 relating to certain roads; creating s. 331.616, F.S.;
37 providing for the recovery of certain costs by the
38 authority through fees, rentals, tolls, fares, or
39 other charges; authorizing the board to enter into
40 certain contracts; creating s. 331.617, F.S.;
41 authorizing the authority to recover delinquent
42 charges through a civil action; creating s. 331.618,
43 F.S.; authorizing the board to discontinue and shut
44 off services and facilities under certain
45 circumstances; authorizing the authority to recover
46 certain charges and expenses by suit and enforce
47 payments by any other lawful method; creating s.
48 331.621, F.S.; authorizing the authority to receive
49 certain moneys and properties; requiring compliance
50 with laws relating to the expenditure of federal
51 moneys; creating s. 331.622, F.S.; authorizing the
52 board to enter into contracts with municipalities for
53 the performance of common powers, duties, and
54 functions; creating s. 331.623, F.S.; authorizing the
55 state and its political subdivisions to enter into
56 certain cooperative agreements with the authority;
57 providing the term of such agreements; creating s.
58 331.624, F.S.; providing powers of the authority
59 relating to contracts, grants, and contributions;
60 creating s. 331.625, F.S.; requiring the authority to
61 comply with certain environmental provisions; creating
62 s. 331.628, F.S.; providing for sovereign immunity;
63 creating s. 331.630, F.S.; providing legal remedies
64 for certain violations; creating s. 331.631, F.S.;
65 providing construction relating to revenue bonds
66 issued by the authority; specifying the security for
67 such bonds; specifying powers of the authority
68 relating to financing multiple projects through
69 revenue bonds; creating s. 331.632, F.S.; authorizing
70 the authority to issue additional bonds under certain
71 circumstances; creating s. 331.633, F.S.; specifying
72 the authority’s powers to retire and refund bonds;
73 creating s. 331.635, F.S.; providing construction
74 relating to liens of pledged revenues; creating s.
75 331.638, F.S.; specifying requirements, restrictions,
76 and authorized actions relating to trust agreements
77 securing the issue of bonds; creating s. 331.639,
78 F.S.; specifying authorized actions relating to the
79 sale of bonds; creating s. 331.640, F.S.; specifying
80 procedures and criteria for the authorization of bonds
81 by the board; creating s. 331.641, F.S.; authorizing
82 the board to issue interim or replacement bond
83 certificates; creating s. 331.642, F.S.; specifying
84 the negotiability of bonds; creating s. 331.643, F.S.;
85 granting certain authority to the board regarding
86 defeasance of the right, title, and interest of
87 bondholders; creating s. 331.644, F.S.; specifying
88 that bonds constitute legal investments or securities;
89 creating s. 331.645, F.S.; providing that a resolution
90 for the issuance of bonds may contain specified
91 covenants; providing construction; creating s.
92 331.646, F.S.; providing construction relating to the
93 validity of bonds issued by the authority; providing
94 procedures for the validation of bonds; creating s.
95 331.647, F.S.; providing construction relating to the
96 powers of the authority; providing that bonds are not
97 secured by the full faith and credit of the state and
98 do not constitute an obligation of the state; creating
99 s. 331.648, F.S.; authorizing the board to make
100 certain investments; creating s. 331.649, F.S.;
101 establishing the fiscal year of the authority;
102 creating s. 331.650, F.S.; providing insurance and
103 safety program requirements; creating s. 331.651,
104 F.S.; requiring the authority to involve women,
105 minorities, and disadvantaged business enterprises in
106 the development and operation of spaceports; creating
107 s. 331.654, F.S.; exempting the authority, bonds
108 issued by the authority, and specified instruments
109 from certain taxes; providing applicability; creating
110 s. 331.655, F.S.; prohibiting a person or business
111 entity from using the name of the authority without
112 written approval; authorizing the Department of State
113 to dissolve an entity in violation of such
114 prohibition; specifying the authority’s ownership of
115 intellectual property rights and the authority’s
116 rights to royalties; creating s. 331.660, F.S.;
117 authorizing the Department of Transportation to enter
118 into a joint participation agreement with the
119 authority for certain purposes; requiring the
120 authority to develop a spaceport master plan for
121 submission to the department and metropolitan planning
122 organizations; authorizing the department to
123 participate in the capital cost of certain projects
124 using available funds; creating s. 331.661, F.S.;
125 providing construction; providing an effective date.
126
127 Be It Enacted by the Legislature of the State of Florida:
128
129 Section 1. Part IV of chapter 331, Florida Statutes,
130 consisting of sections 331.601 through 331.661, is created to
131 read:
132 PART IV
133 NORTHEAST FLORIDA REGIONAL SPACEPORT AUTHORITY
134 331.601 Short title.—This part may be cited as the
135 “Northeast Florida Regional Spaceport Authority Act.”
136 331.6011 Legislative findings and intent.—
137 (1) The Legislature finds and declares that the commercial
138 aerospace industry of this state is integral to the state’s
139 long-term success in diversifying its economy and building a
140 knowledge-based economy that is able to support the creation of
141 high-value-added businesses and jobs.
142 (2) The Legislature finds that attaining this vision
143 requires a strong public and private commitment to the
144 commercial aerospace industry. It is the intent of the
145 Legislature to improve the regulatory flexibility for commercial
146 aerospace launches and the development of sites for commercial
147 aerospace launches and related research and development.
148 (3) Clay, Duval, and Nassau Counties have ideal geographic
149 spaceport attributes, including access to multiple orbits,
150 proximity to water for launch activities, existing facilities
151 and infrastructure for recovery activities, proximity to
152 multiple channels of intermodal transportation infrastructure,
153 access to multiple sources of fuel and power generation, and
154 quality-of-life factors attractive to human capital.
155 (4) It is the intent of the Legislature that commercial
156 aerospace activities in Northeast Florida be coordinated by the
157 Northeast Florida Regional Spaceport Authority and that,
158 notwithstanding any other law, the Northeast Florida Regional
159 Spaceport Authority be an independent point of contact for
160 commercial aerospace activities with federal agencies, the
161 military, state agencies, businesses, and the private sector.
162 331.602 Northeast Florida Regional Spaceport Authority;
163 creation; purpose.—
164 (1) There is created the Northeast Florida Regional
165 Spaceport Authority, which is created as an independent special
166 district, a body politic and corporate, and a subdivision of the
167 state, to foster the growth and development of a sustainable
168 commercial aerospace industry in Northeast Florida. The
169 Northeast Florida Regional Spaceport Authority shall promote
170 commercial aerospace business development by facilitating
171 business financing, spaceport operations, research and
172 development, local workforce development, and innovative local
173 education programs. The Northeast Florida Regional Spaceport
174 Authority has all the powers, rights, privileges, and authority
175 as provided under the laws of this state.
176 (2) In carrying out its duties and responsibilities, the
177 Northeast Florida Regional Spaceport Authority shall advise,
178 coordinate, cooperate, and, when necessary, enter into memoranda
179 of agreement with municipalities, counties, regional
180 authorities, state agencies and organizations both within and
181 outside Florida, appropriate federal agencies and organizations,
182 and other interested persons and groups.
183 (3) The Northeast Florida Regional Spaceport Authority may
184 not endorse any candidate for any elected public office or
185 contribute money to the campaign of any candidate for public
186 office.
187 (4) The Northeast Florida Regional Spaceport Authority is
188 not an agency as defined in s. 216.011(1)(qq) or s. 287.012.
189 (5) The Northeast Florida Regional Spaceport Authority is
190 subject to applicable provisions of chapter 189, including, but
191 not limited to, s. 189.051. To the extent that any provisions of
192 chapter 189 conflict with this part, this part shall prevail.
193 331.603 Definitions.—As used in this part, the term:
194 (1) “Aerospace” means the industry that designs and
195 manufactures aircraft, rockets, missiles, spacecraft,
196 satellites, space vehicles, space stations, space facilities or
197 components thereof, and equipment, systems, facilities,
198 simulators, programs, and related activities, including, but not
199 limited to, the application of aerospace technologies in air
200 based, land-based, and sea-based platforms for commercial,
201 civil, and defense purposes.
202 (2) “Authority” means the Northeast Florida Regional
203 Spaceport Authority.
204 (3) “Board” or “board of directors” means the governing
205 body of the Northeast Florida Regional Spaceport Authority.
206 (4) “Bonds” means revenue bonds or other evidences of
207 indebtedness, including bank loans, issued by the authority for
208 the purpose of financing its projects.
209 (5) “Financing agreement” means a lease; lease-purchase
210 agreement; lease with option to purchase; sale or installment
211 sale agreement, whether title passes in whole or in part at any
212 time before, at, or after completion of the project; loan
213 agreement; or other agreement forming the basis for the
214 financing under this part, including any agreements, guarantees,
215 or security instruments forming part of or related to providing
216 assurance of payment of the obligations under the financing
217 agreement.
218 (6) “Landing area” means the geographical area designated
219 by the authority for or intended for the landing and surface
220 maneuvering of any launch vehicle or other space vehicle.
221 (7) “Launch pad” means any launch pad, runway, airstrip, or
222 similar facility used for launching space vehicles.
223 (8) “Payload” means any property or cargo to be transported
224 aboard any vehicle launched by or from a spaceport.
225 (9) “Person” means any individual; community college;
226 college; university; firm; association; joint venture;
227 partnership; estate; trust; business trust; syndicate;
228 fiduciary; corporation; nation; federal, state, or local
229 government; governmental or nongovernmental agency; subdivision
230 of the state; municipality; county; or business entity; or any
231 other group or combination thereof.
232 (10) “Project” means any activity associated with any
233 development, improvement, property, launch, utility, facility,
234 system, works, road, sidewalk, enterprise, service, or
235 convenience, which may include coordination with federal and
236 state partners or agencies; any rocket, capsule, module, launch
237 facility, assembly facility, operations or control facility,
238 tracking facility, or administrative facility, or any other type
239 of aerospace-related transportation vehicle, station, or
240 facility; any type of equipment or instrument to be used or
241 useful in connection with any of the foregoing; any type of
242 intellectual property and intellectual property protection in
243 connection with any of the foregoing, including, without
244 limitation, any patent, copyright, trademark, or service mark
245 for, among other things, computer software; any water,
246 wastewater, gas, or electric utility system, plant, or
247 distribution or collection system; any small business incubator
248 initiative, including any startup aerospace company and any
249 aerospace business proposing to expand or locate its business in
250 this state; any research and development company, research and
251 development facility, education and workforce training facility,
252 storage facility, or consulting service; or any tourism
253 initiative, including any space experience attraction,
254 microgravity flight program, aerospace launch-related activity,
255 or space museum sponsored or promoted by the authority.
256 (11) “Range” means the geographical area designated by the
257 authority or another appropriate body as the area for the
258 launching of rockets, missiles, launch vehicles, and other
259 vehicles designed to reach high altitude.
260 (12) “Recovery” means the recovery of space vehicles and
261 payloads that have been launched from or by a spaceport.
262 (13) “Region” means Clay, Duval, and Nassau Counties.
263 (14) “Regional spaceport” means the geographical area
264 designated in s. 331.604 as may be amended from time to time.
265 (15) “Spaceport” means any area of land or water, or any
266 manmade object or facility located therein, which area is
267 intended for public use or for the launching, takeoff, and
268 landing of spacecraft and aircraft, and includes any appurtenant
269 areas that are used or intended for public use or for spaceport
270 facilities, projects, or rights-of-way.
271 (16) “Spaceport discretionary capacity improvement
272 projects” means capacity improvements that enhance space
273 transportation capacity at spaceports that have had one or more
274 orbital or suborbital flights during the previous calendar year
275 or have an agreement in writing for installation of one or more
276 regularly scheduled orbital or suborbital flights upon the
277 commitment of funds for stipulated spaceport capital
278 improvements.
279 (17) “Spaceport user” means any person who uses the
280 facilities or services of any spaceport. For the purposes of any
281 exemptions or rights granted under this part, a person shall be
282 deemed a spaceport user only during the time period in which the
283 person has in effect a contract, a memorandum of understanding,
284 or an agreement with the spaceport, and such rights and
285 exemptions shall be granted with respect to transactions
286 relating only to spaceport projects.
287 331.604 Regional spaceport territory.—The following
288 property shall constitute the authority’s regional spaceport
289 territory:
290 (1) Real property located in Duval County which is included
291 within the boundaries of Cecil Airport and Cecil Commerce Center
292 and any other real property designated by the Jacksonville City
293 Council. Notwithstanding any other law, the spaceport facilities
294 and projects owned and administered by the Jacksonville Airport
295 Authority will become the property and responsibility of the
296 authority on July 1, 2022.
297 (2) Real property located in Nassau County, as designated
298 by the Nassau County Board of County Commissioners.
299 (3) Real property located in Clay County, as designated by
300 the Clay County Board of County Commissioners.
301 (4) Real property within Clay, Duval, and Nassau Counties
302 which is licensed by the Federal Aviation Administration as a
303 spaceport.
304 331.605 Powers of authority.—The authority may:
305 (1) Sue and be sued by its name in any court of law or in
306 equity.
307 (2) Adopt and use a corporate seal and alter the same at
308 pleasure.
309 (3) Conduct its affairs, carry on its operations, and have
310 offices and exercise the powers granted by this part in any
311 state, territory, district, or possession of the United States
312 or any foreign country.
313 (4) Acquire, enjoy, use, and dispose of patents,
314 copyrights, and trademarks and any licenses and other rights or
315 interests under or in such licenses.
316 (5) Purchase, take, receive, subscribe for, or otherwise
317 acquire, own, hold, vote on, use, employ, sell, mortgage, lend,
318 pledge, or otherwise dispose of, use, and deal in:
319 (a) Shares and other interests in, or obligations of, other
320 domestic or foreign corporations, whether for profit or not for
321 profit; associations; partnerships; or individuals; or
322 (b) Direct or indirect obligations of the United States or
323 of any other government, state, territory, governmental
324 district, or municipality, or of any instrumentality of such
325 governmental units.
326 (6) Lend money for its purposes, invest and reinvest its
327 funds, and take and hold real and personal property as security
328 for the payment of funds loaned.
329 (7) Have and exercise all powers necessary or convenient to
330 effect any or all of the purposes for which it is organized.
331 (8) Acquire real, personal, intangible, tangible, or mixed
332 property, within or outside its territorial limits, in fee
333 simple or any lesser interest or estate, by purchase, gift,
334 devise, or lease, on such terms and conditions as the board may
335 deem necessary or desirable, and sell or otherwise dispose of
336 the same and of any of the assets and properties of the
337 authority.
338 (9) Make and execute all contracts and other instruments
339 necessary or convenient to the exercise of its powers, including
340 financing agreements with persons or spaceport users to
341 facilitate the financing, construction, leasing, or sale of any
342 project.
343 (10) Whenever deemed necessary by the board, lease as
344 lessor or lessee to or from any person, public or private, any
345 facilities or property for the use of the authority and to carry
346 out any of the purposes of the authority.
347 (11) Own, acquire, construct, develop, create, reconstruct,
348 equip, operate, maintain, extend, and improve:
349 (a) Launch pads, landing areas, ranges, payload assembly
350 buildings, payload processing facilities, laboratories,
351 aerospace business incubators, launch vehicles, payloads, space
352 flight hardware, and facilities and equipment for the
353 construction of payloads, space flight hardware, rockets, and
354 other launch vehicles; and
355 (b) Other spaceport facilities and other aerospace-related
356 systems, including educational, cultural, and parking facilities
357 and aerospace-related initiatives.
358 (12) Own, acquire, construct, reconstruct, equip, operate,
359 maintain, extend, or improve transportation facilities
360 appropriate to meet the transportation requirements of the
361 authority and activities conducted within the regional
362 spaceport.
363 (13) Own, acquire, construct, reconstruct, equip, operate,
364 maintain, extend, or improve electric power plants, transmission
365 lines and related facilities, gas mains and facilities of any
366 nature for the production or distribution of natural gas, and
367 transmission lines and related facilities for the generation and
368 transmission of power through traditional, new, and experimental
369 sources of power and energy; purchase electric power, natural
370 gas, and other sources of power for distribution within any
371 spaceport territory; develop and operate water and sewer systems
372 and waste collection and disposal consistent with chapter 88
373 130, Laws of Florida; and develop and operate such new and
374 experimental public utilities, including, but not limited to,
375 centrally distributed heating and air-conditioning facilities
376 and services, closed-circuit television systems, and computer
377 services and facilities, as the board determines. However, the
378 authority may not construct any system, work, project, or
379 utility authorized to be constructed under this subsection if a
380 system, work, project, or utility of a similar character is
381 being actually operated by a municipality or private company in
382 the municipality or territory adjacent thereto, unless such
383 municipality or private company consents to such construction.
384 (14) Subject to the rules and regulations of the
385 appropriate water management district, own, acquire, construct,
386 reconstruct, equip, maintain, operate, extend, and improve water
387 and flood control facilities. The authority may receive moneys,
388 disbursements, and assistance from the state available to flood
389 control or water management districts and navigation districts
390 or agencies.
391 (15) Own, acquire, construct, reconstruct, equip, maintain,
392 operate, extend, and improve public safety facilities for the
393 regional spaceport, including security stations, security
394 vehicles, fire stations, water mains and plugs, and fire trucks
395 and other vehicles and equipment; hire employees, security
396 officers, and firefighters; and undertake such works and
397 construct such facilities determined by the board to be
398 necessary or desirable to promote and ensure public safety
399 within the regional spaceport.
400 (16) Hire, through the chair of its board of directors, a
401 safety officer with substantial experience in public safety
402 procedures and programs for space vehicle launching and related
403 hazardous operations. The safety officer shall monitor and
404 report on the safety and hazards of ground-based space
405 operations to the chair.
406 (17) Examine, develop, and use new concepts, designs, and
407 ideas; own, acquire, construct, reconstruct, equip, operate,
408 maintain, extend, and improve experimental spaceport facilities
409 and services; and otherwise undertake, sponsor, finance, and
410 maintain such research activities, experimentation, and
411 development as the board determines, in connection with any of
412 the projects that the authority is authorized to undertake
413 pursuant to the powers and authority vested in it by this part,
414 is necessary to promote the development and use of new concepts,
415 designs, and ideas in the fields of space exploration,
416 commercialization of the space industry, and spaceport
417 facilities.
418 (18) Issue revenue bonds or other evidences of
419 indebtedness, including bank loans, authorized by this part or
420 any other law and pay all or part of the cost of the
421 acquisition, construction, reconstruction, extension, repair,
422 improvement, or maintenance of any project or combination of
423 projects, including environmental mitigation, payloads and space
424 flight hardware, and equipment for research, development, and
425 educational activities, to provide for any facility, service, or
426 other activity of the authority, and provide for the retirement
427 or refunding of any bonds or obligations of the authority, or
428 for any combination of the foregoing purposes.
429 (19) In connection with any financing agreement, fix and
430 collect fees, loan payments, rental payments, and other charges
431 for the use of any project in such amount as to provide
432 sufficient moneys to pay the principal of and interest on bonds
433 as they become due and payable, if so provided in the bond
434 resolution or trust agreement, and to create reserves for such
435 purposes. The fees, loan payments, rental payments, and other
436 charges and all other revenues and proceeds derived from the
437 project in connection with which the bonds are issued, except
438 such part thereof necessary for reserves or any expenditures
439 provided in the resolution authorizing the issuance of the bonds
440 or in the trust agreement securing the bonds, shall be set
441 aside, at the time specified in the resolution or trust
442 agreement, in a sinking fund that may be pledged to and charged
443 with the payment of the principal of, and the interest on, such
444 bonds as they become due and the redemption price or the
445 purchase price of bonds retired by call or purchase as provided
446 therein. Such pledge is valid and binding from the time the
447 pledge is made. The fees, loan payments, rental payments, other
448 charges, and all other revenues and proceeds so pledged and
449 thereafter received by or on behalf of the authority shall
450 immediately be subject to the lien of any such pledge without
451 any physical delivery thereof or further act, and the lien of
452 any such pledge is valid and binding as against all parties
453 having claims of any kind in tort, contract, or otherwise
454 against the authority, regardless of whether such parties have
455 notice thereof. The resolution or any trust agreement by which a
456 pledge is created need not be filed or recorded, except in the
457 records of the authority. The use and disposition of money to
458 the credit of the sinking fund shall be subject to the
459 provisions of the resolution authorizing the issuance of such
460 bonds or the provisions of such trust agreement.
461 331.606 Federal airspace notification.—In accordance with
462 Federal Aviation Administration procedures, the authority shall
463 file the appropriate federal notification to activate special
464 use airspace in support of its launch operations.
465 331.6081 Board of directors.—The authority shall be
466 governed by a nine-member independent board of directors that
467 consists of three members appointed by the Governor and
468 confirmed by the Senate, three members appointed by the Mayor of
469 the City of Jacksonville and confirmed by the Jacksonville City
470 Council, two members appointed by the Clay County Board of
471 County Commissioners, and one member appointed by the Nassau
472 County Board of County Commissioners. At least one of the three
473 members appointed by the Governor must be a resident and
474 qualified elector of Clay County, Duval County, or Nassau
475 County. Each of the six members not appointed by the Governor
476 must be a resident and qualified elector of the county from
477 which he or she is appointed. Each member shall serve a term of
478 4 years beginning on June 1 of the year in which he or she is
479 appointed and shall hold office until a successor has been
480 appointed and has qualified. A vacancy on the board shall be
481 filled for the remainder of the unexpired term in the same
482 manner as the original appointment. Any member appointed to the
483 board for two consecutive full terms is not eligible for
484 appointment to the next succeeding term. The board shall
485 annually designate one of its members as chair, one of its
486 members as vice chair, and one of its members as secretary. The
487 members of the board are not entitled to compensation but shall
488 be reimbursed for travel expenses or other expenses actually
489 incurred in their duties as provided by law. Five voting members
490 of the board shall constitute a quorum, and a resolution adopted
491 by the board may not become effective without the affirmative
492 vote of at least five members. Each member of the board shall
493 file as his or her mandatory financial disclosure a statement of
494 financial interests with the Commission on Ethics as provided in
495 s. 112.3145.
496 331.609 Treasurer; depositories; fiscal agent.—
497 (1) The board shall designate an individual who is a
498 resident of this state, or a qualified public depository as
499 defined in s. 280.02, as treasurer of the authority, who shall
500 have charge of the funds of the authority. Such funds shall be
501 disbursed only upon the order of or pursuant to the resolution
502 of the board by warrant, check, authorization, or direct deposit
503 pursuant to s. 215.85, signed or authorized by the treasurer or
504 his or her representative or by any other person authorized by
505 the board. The board may give the treasurer such additional
506 powers and duties as it deems appropriate and shall determine
507 the treasurer’s compensation. The board may require the
508 treasurer to give a bond in such amount, on such terms, and with
509 such sureties as are deemed satisfactory to the board to secure
510 the performance by the treasurer of his or her powers and
511 duties. The board shall audit or have audited the books of the
512 treasurer at least once per year.
513 (2) The board may select as depositories in which the funds
514 of the board and of the authority shall be deposited a qualified
515 public depository as defined in s. 280.02, upon such terms and
516 conditions as to the payment of interest on such funds by such
517 depository the board deems just and reasonable. The funds of the
518 authority may be kept in or removed from the State Treasury upon
519 written notification from the chair of the board to the Chief
520 Financial Officer.
521 (3) The board may employ a fiscal agent, who shall be a
522 resident of this state or a corporation organized under the laws
523 of this or any other state and authorized by such laws to act as
524 such fiscal agent in such state.
525 331.610 Powers and duties of board of directors.—
526 (1) The board of directors may:
527 (a) Execute all contracts and other documents, adopt all
528 proceedings, and perform all acts determined by the board to be
529 necessary or desirable to carry out the purposes of this part.
530 The board may authorize one or more of its members to execute
531 contracts and other documents on behalf of the board or the
532 authority.
533 (b) Establish and create such departments, committees, or
534 other entities as the board deems necessary or desirable in the
535 performance of any acts or other things necessary to the
536 exercise of the powers provided in this part, and delegate to
537 such departments, committees, or other entities such
538 administrative duties and other powers as the board deems
539 necessary or desirable.
540 (c) Provide financial services to support commercial
541 aerospace-related business development within the region.
542 Financial services may include, but are not limited to,
543 insuring, coinsuring, or originating for sale direct aerospace
544 related loans; direct lending; guaranteeing and collateralizing
545 loans; creating accounts; capitalizing, underwriting, leasing,
546 selling, or securing funding for aerospace-related
547 infrastructure; investing in permissible securities; organizing
548 financial institutions and international bank syndicates; and
549 acquiring, accepting, or administering grants, contracts, and
550 fees from other organizations to perform activities that are
551 consistent with the purposes of the authority’s business plan.
552 If the board determines that a financial services entity is
553 necessary, the board may create, form, or contract with one or
554 more such entities.
555 (d) Execute intergovernmental agreements and development
556 agreements consistent with prevailing statutory provisions,
557 including, but not limited to, special benefits or tax increment
558 financing initiatives.
559 (e) Establish reserve funds for future board operations.
560 (2) The board of directors shall:
561 (a) Adopt rules and orders to conduct the business of the
562 authority, the maintenance of records, and the form of all
563 documents and records of the authority. The board may adopt
564 rules with respect to any of the projects of the authority with
565 notice and a public hearing.
566 (b) Prepare an annual report of operations for the previous
567 fiscal year and submit the report to the Governor, the President
568 of the Senate, and the Speaker of the House of Representatives
569 by November 30. The report must include, but not be limited to,
570 a balance sheet, an income statement, a statement of changes in
571 financial position, a reconciliation of changes in equity
572 accounts, a summary of significant accounting principles, the
573 auditor’s report, a summary of the status of existing and
574 proposed bonding projects, comments from management about the
575 year’s business, and prospects for the following year.
576 331.611 Exercise of powers within municipalities and other
577 political subdivisions.—The authority may exercise any of its
578 rights, powers, privileges, and authority in any portions of the
579 regional spaceport lying within the boundaries of any municipal
580 corporation or other political subdivision the boundaries of
581 which lie wholly or partly within the geographical limits of the
582 regional spaceport, to the same extent and in the same manner as
583 in areas of the regional spaceport not incorporated as part of a
584 municipality or other political subdivision. With respect to any
585 municipal corporation or other political subdivision the
586 boundaries of which lie partly within and partly outside the
587 geographical limits of the regional spaceport, the authority may
588 exercise its rights, powers, privileges, and authority only
589 within the portion of the municipal corporation or other
590 political subdivision lying within the boundaries of the
591 regional spaceport.
592 331.612 Furnishing facilities and services within regional
593 spaceport.—The authority may construct, develop, create,
594 maintain, and operate its projects within the regional
595 spaceport, including any portions of the regional spaceport
596 located inside the boundaries of any incorporated municipality
597 or other political subdivision, and offer, supply, and furnish
598 the facilities and services provided for in this part to, and
599 establish and collect fees, rentals, and other charges from,
600 persons, public or private, within the geographical limits of
601 the regional spaceport and for the use of the authority itself.
602 331.613 Power of authority; roads.—Within the geographical
603 limits of the regional spaceport, the authority may acquire,
604 through purchase or interagency agreement, or as otherwise
605 provided by law, and construct, control, and maintain roads
606 deemed necessary by the authority and connections thereto and
607 extensions thereof acquired, constructed, or maintained in
608 accordance with established highway safety standards. However,
609 if a road being addressed by the authority is owned by another
610 agency or jurisdiction, the authority, before proceeding with
611 the proposed project or work activity, must coordinate the
612 desired work with the owning agency or jurisdiction or must
613 successfully execute an interagency agreement with the owning
614 agency or jurisdiction.
615 331.616 Revenues; procedure for adoption and modification;
616 minimum requirements.—
617 (1) To recover the costs of a spaceport facility or system,
618 the authority may prescribe, fix, establish, and collect rates,
619 fees, rentals, tolls, fares, or other charges, hereinafter
620 referred to as “revenues,” and revise such revenues from time to
621 time for the facilities and services furnished or to be
622 furnished by the authority and the spaceport, including, but not
623 limited to, launch pads, ranges, payload assembly and processing
624 facilities, visitor and tourist facilities, transportation
625 facilities, and parking and other related facilities. The
626 authority may provide for reasonable penalties against any user
627 or property for any such revenues that are delinquent.
628 (2) The board may enter into contracts for the use of the
629 projects of the authority and for the services and facilities
630 furnished or to be furnished by the authority, including, but
631 not limited to, launch services, payload assembly and
632 processing, and other commercial sector launch and aerospace
633 related services, for such consideration and on such other terms
634 and conditions as the board approves. Such contracts, and
635 revenues or service charges received or to be received by the
636 authority thereunder, may be pledged as security for any of the
637 bonds of the authority.
638 331.617 Recovery of delinquent charges.—If any of the
639 rates, fees, rentals, tolls, fares, other charges, or delinquent
640 penalties are not paid when due and are in default for 30 days
641 or more, the unpaid balance thereof and all interest accrued
642 thereon, together with attorney fees and costs, may be recovered
643 by the authority in a civil action.
644 331.618 Discontinuance of service.—If the rates, fees,
645 rentals, tolls, fares, or other charges for the services and
646 facilities of any project are not paid when due, the board may
647 discontinue and shut off such services and facilities until such
648 rates, fees, rentals, tolls, fares, or other charges, including
649 interest, penalties, and charges for the shutting off,
650 discontinuance, and restoration of such services and facilities,
651 are fully paid. Such delinquent rates, fees, rentals, tolls,
652 fares, or other charges, together with interest, penalties, and
653 charges for the shutting off, discontinuance, and restoration of
654 such services and facilities, and reasonable attorney fees and
655 other expenses, may be recovered by the authority by suit in any
656 court of competent jurisdiction. The authority may also enforce
657 payment of such delinquent rates, fees, rentals, tolls, fares,
658 or other charges by any other lawful method.
659 331.621 Federal and other funds and aid.—The authority may
660 accept, receive, and receipt for federal moneys, property, and
661 other moneys or properties, either public or private, for the
662 acquisition, planning, operation, construction, enlargement,
663 improvement, maintenance, equipment, or development of programs,
664 facilities, and sites for the authority. The authority must
665 comply with the laws of the United States and any rules and
666 regulations adopted thereunder for the expenditure of federal
667 moneys.
668 331.622 Agreements with municipalities within region.—The
669 board of directors and the governing body or bodies of one or
670 more municipalities located wholly or partly within the region
671 may enter into and execute contracts and agreements relating to
672 the common powers, duties, and functions of the board and other
673 officers, agents, and employees of the authority and the
674 respective governing body or bodies of one or more such
675 municipalities and their respective officers, agents, and
676 employees for the purpose of effective cooperation between and
677 coordination of the efforts of such municipality or
678 municipalities and the authority in discharging their common
679 functions, powers, and duties and in rendering services to the
680 residents and property owners of such municipality or
681 municipalities and the authority. The board and the governing
682 body or bodies of one or more such municipalities may also enter
683 into and execute contracts and agreements for the performance of
684 any of their common powers, duties, and functions by a central
685 agency or common agent of the contracting parties.
686 331.623 Cooperative agreements with the state, counties,
687 and municipalities.—
688 (1) The state and the counties, municipalities, and other
689 political subdivisions, public bodies, and agencies thereof may
690 aid and cooperate with the authority in carrying out any of the
691 purposes and projects of the authority, enter into cooperative
692 agreements with the authority, and provide in any such
693 cooperative agreement for the making of loans, gifts, grants, or
694 contributions to the authority and the granting and conveyance
695 to the authority of real or personal property of any kind or
696 nature, or any interest therein, for the carrying out of the
697 purpose and projects of the authority; covenant in any such
698 cooperative agreement to pay all or any part of the costs of
699 acquisition, planning, development, construction,
700 reconstruction, extension, improvement, operation, and
701 maintenance of any projects of the authority; and pay all or any
702 part of the principal and interest on any bonds of the
703 authority.
704 (2) The state and the counties, municipalities, and other
705 political subdivisions, public bodies, and agencies thereof and
706 the authority may enter into cooperative agreements to provide
707 for the furnishing by the authority to the state or any county,
708 municipality, or other political subdivision, public body, or
709 agency thereof of any of the facilities and services of the
710 authority, or by the state or any county, municipality, or other
711 political subdivision, public body, or agency thereof to the
712 authority and to persons within the spaceport territory of
713 facilities and services of the type that the authority is
714 authorized to furnish or undertake, or such other facilities and
715 services determined necessary or desirable by the board for
716 carrying out the purposes of this part. Without limitation of
717 the foregoing, such cooperative agreements may provide for the
718 furnishing by any county, municipality, or other political
719 subdivision of fire and police protection for the authority and
720 persons and property within the authority and for the provision
721 to the authority of any services deemed necessary or desirable
722 by the board for the proper functioning of the authority.
723 (3) Without limitation of the foregoing, the board may
724 undertake and finance any of the projects of the authority, in
725 whole or in part, jointly with any municipality or
726 municipalities or in any other manner combine the projects of
727 the authority with the projects of such municipality or
728 municipalities.
729 (4) Any agreement of the type authorized by this section
730 may be made and entered into under this part for up to 99 years.
731 331.624 Contracts, grants, and contributions.—The authority
732 may make and enter into all contracts and agreements necessary
733 or incidental to the performance of its functions and the
734 execution of its powers; may contract with and accept and
735 receive grants or loans of money, material, or property from any
736 person, private or public, as the board determines is necessary
737 or desirable to carry out the purposes of this part; and, in
738 connection with any such contract, grant, or loan, may stipulate
739 and agree to such covenants, terms, and conditions as the board
740 deems appropriate.
741 331.625 Environmental permits.—The authority shall obtain
742 required environmental permits in accordance with federal and
743 state law and shall comply with chapter 380.
744 331.628 Sovereign immunity.—As an independent special
745 district, the authority has sovereign immunity in the same
746 manner as the state under the laws and Constitution of the State
747 of Florida. The state, by this section, waives the sovereign
748 immunity granted to the same extent as waived by the state under
749 state law.
750 331.630 Enforcement and penalties.—The board or any
751 aggrieved person may have recourse to such remedies in law and
752 equity as may be necessary to ensure compliance with this part,
753 including injunctive relief to enjoin or restrain any person
754 violating this part and any bylaws, resolutions, regulations,
755 rules, codes, or orders adopted under this part, and the court
756 shall, upon proof of such violation, issue such temporary and
757 permanent injunctions as are necessary to prevent further
758 violation thereof. If any building or structure is erected,
759 constructed, reconstructed, altered, repaired, converted, or
760 maintained, or any building, structure, land, or water is used,
761 in violation of this part or of any code, order, resolution, or
762 other regulation made under authority conferred by this part or
763 under law, the board may institute any appropriate action or
764 proceeding to prevent such unlawful erection, construction,
765 reconstruction, alteration, repair, conversion, maintenance, or
766 use; to restrain, correct, or avoid such violation; to prevent
767 the occupancy of such building, structure, land, or water; and
768 to prevent any illegal act, conduct, business, or use in or
769 about such premises, land, or water.
770 331.631 Revenue bonds.—
771 (1) Revenue bonds issued by the authority shall not be
772 deemed revenue bonds issued by the state or its agencies for
773 purposes of s. 11, Art. VII of the State Constitution and ss.
774 215.57-215.83. The authority shall include in its annual report
775 to the Governor and Legislature, as provided in s. 331.610, a
776 summary of the status of existing and proposed bonding projects.
777 (2) The issuance of revenue bonds may be secured by or
778 payable from the gross or net pledge of the revenues to be
779 derived from any project or combination of projects; from the
780 rates, fees, rentals, tolls, fares, assessments, or other
781 charges to be collected from the users of any project or
782 projects; from any revenue-producing undertaking or activity of
783 the authority; or from any source of pledged security other than
784 state appropriations. Such bonds are not secured by the full
785 faith and credit of the authority. Bonds issued by the authority
786 are not secured by the full faith and credit of the authority
787 and do not constitute an obligation, general or special,
788 thereof.
789 (3) Any two or more projects may be combined and
790 consolidated into a single project and may thereafter be
791 operated and maintained as a single project. The revenue bonds
792 authorized herein may be issued to finance any one or more such
793 projects separately, or to finance two or more such projects
794 regardless of whether such projects have been combined and
795 consolidated into a single project. If the board deems it
796 advisable, the proceedings authorizing such revenue bonds may
797 provide that the authority may thereafter combine the projects
798 then being financed or theretofore financed with other projects
799 to be subsequently financed by the authority on a parity with
800 the revenue bonds then being issued, all on such terms,
801 conditions, and limitations as shall be provided, and may
802 further provide that the revenues to be derived from the
803 subsequent projects shall at the time of the issuance of such
804 parity revenue bonds be also pledged to the holders of any
805 revenue bonds theretofore issued to finance the revenue
806 undertakings that are later combined with such subsequent
807 projects. The authority may pledge for the security of the
808 revenue bonds a fixed amount without regard to any fixed
809 proportion of the gross revenues of any project.
810 331.632 Issuance of additional bonds.—If the proceeds of
811 any bonds are less than the cost of completing the project in
812 connection with which such bonds are issued, the board may
813 authorize the issuance of additional bonds, upon such terms and
814 conditions as the board may provide in the resolution
815 authorizing such issuance, but only in compliance with the
816 resolution or other proceedings authorizing the issuance of the
817 original bonds.
818 331.633 Refunding bonds.—The authority, through its board,
819 may issue bonds to provide for the retirement or refunding of
820 any bonds or obligations of the authority that at the time of
821 such issuance are, or subsequently thereto become, due and
822 payable, or that at the time of issuance have been called, or
823 are or will be subject to call, for redemption within 10 years
824 thereafter, or the surrender of which can be procured from the
825 holders thereof at prices satisfactory to the board. Refunding
826 bonds may be issued at any time when, in the judgment of the
827 board, such issuance will be advantageous to the authority. The
828 provisions of this part pertaining to bonds of the authority
829 shall, unless the context otherwise requires, govern the
830 issuance of refunding bonds, the form and other details thereof,
831 the rights of the holders thereof, and the duties of the board
832 with respect thereto.
833 331.635 Lien of pledges.—All pledges of revenues made
834 pursuant to this part shall be valid and binding from the time
835 such pledges are made. All such revenues so pledged and
836 thereafter collected shall immediately be subject to the lien of
837 such pledges without any physical delivery thereof or further
838 action, and the lien of such pledges shall be valid and binding
839 as against all parties having claims of any kind in tort,
840 contract, or otherwise against the authority, regardless of
841 whether such parties have notice thereof.
842 331.638 Trust agreements.—In the discretion of the board,
843 any issue of bonds may be secured by a trust agreement by and
844 between the authority and a corporate trustee, which may be any
845 trust company or bank having the powers of a trust company
846 within or outside this state. The resolution authorizing the
847 issuance of the bonds or such trust agreement may pledge the
848 revenues to be received from any projects of the authority and
849 any other authorized moneys to be used for the repayment of
850 bonds and may contain such provisions for protecting and
851 enforcing the rights and remedies of the bondholders as the
852 board may approve, including, without limitation, covenants
853 setting forth the duties of the authority in relation to the
854 acquisition, planning, development, construction,
855 reconstruction, improvement, maintenance, repair, operation, and
856 insurance of any projects; the fixing and revision of the rates,
857 fees, rentals, tolls, fares, and charges; and the custody,
858 safeguarding, and application of all moneys, and for the
859 employment of consulting engineers in connection with such
860 acquisition, planning, development, construction,
861 reconstruction, improvement, maintenance, repair, or operation.
862 It shall be lawful for any bank or trust company incorporated
863 under the laws of the state or the United States which may act
864 as a depository of the proceeds of bonds or of revenues to
865 furnish such indemnifying bonds or to pledge such securities as
866 required by the authority. Such resolution or trust agreement
867 may set forth the rights and remedies of the bondholders and of
868 the trustee, if any, and may restrict the individual right of
869 action by bondholders. The board may provide for the payment of
870 the proceeds of the sale of the bonds and the revenues of any
871 project to such officer, board, or depository as it may
872 designate for the custody thereof and for the method of
873 disbursement thereof, with such safeguards and restrictions as
874 it may determine. All expenses incurred in carrying out such
875 resolution or trust agreement may be treated as part of the cost
876 of the project to which such trust agreement pertains.
877 331.639 Sale of bonds.—Bonds may be sold in blocks or
878 installments at different times, or an entire issue or series
879 may be sold at one time. Bonds may be sold at public sale only
880 after being advertised and publicly noticed unless the authority
881 has previously complied with s. 218.385. Bonds may be sold or
882 exchanged for refunding bonds. Special assessment and revenue
883 bonds may be delivered as payment by the authority of the
884 purchase price or lease of any project or part thereof, or a
885 combination of projects or parts thereof, or as the purchase
886 price of, or exchange for, any property, real, personal, or
887 mixed, including franchises, or services rendered by any
888 contractor, engineer, or other person, all at one time or in
889 blocks from time to time, in such manner and upon such terms as
890 the board in its discretion determines. The price or prices for
891 any bonds sold, exchanged, or delivered may be:
892 (1) The money paid for the bonds.
893 (2) The principal amount, plus accrued interest to date of
894 redemption or exchange, of outstanding obligations exchanged for
895 refunding bonds.
896 (3) In the case of special assessment or revenue bonds, the
897 amount of any indebtedness to contractors or other persons paid
898 with such bonds, or the fair value of any properties exchanged
899 for the bonds, as determined by the board.
900 331.640 Authorization and form of bonds.—Bonds may be
901 authorized by resolution or resolutions of the board which are
902 adopted by a majority of all of the members thereof then in
903 office and present at the meeting at which the resolution or
904 resolutions are adopted and shall be approved as provided in s.
905 331.605. The resolution or resolutions of the board may be
906 adopted at the same meeting at which they are introduced and
907 shall be published and noticed. The board may by resolution
908 authorize the issuance of bonds and determine the aggregate
909 amount of bonds to be issued; the purpose or purposes for which
910 the moneys derived therefrom shall be expended; the rate or
911 rates of interest; the denomination of the bonds; whether the
912 bonds are to be issued in one or more series; the date or dates
913 thereof; the date or dates of maturity, which shall not exceed
914 30 years from their respective dates of issuance; the medium of
915 payment; the place or places within or outside this state where
916 payment shall be made; registration privileges; redemption terms
917 and privileges, whether with or without premium; the manner of
918 execution; the form of the bonds, including any interest coupons
919 to be attached thereto; the manner of execution of bonds and
920 coupons and all other terms, covenants, and conditions thereof;
921 and the establishment of reserve or other funds. Such
922 authorizing resolution may further provide that such bonds may
923 be executed manually or by engraved, lithographed, or facsimile
924 signature, provided that where signatures are engraved,
925 lithographed, or reproduced in facsimile, a bond is not valid
926 unless countersigned by a registrar or other officer designated
927 by appropriate resolution of the board. The seal of the
928 authority may be affixed, lithographed, engraved, or otherwise
929 reproduced in facsimile on such bonds. If any officer whose
930 signature or a facsimile of whose signature appears on any bonds
931 or coupons ceases to be such officer before the delivery of such
932 bonds, such signature or facsimile is nevertheless valid and
933 sufficient for all purposes as if the officer had remained in
934 office until such delivery.
935 331.641 Interim certificates; replacement certificates.
936 Pending the preparation of definitive bonds, the board may issue
937 interim certificates or receipts or temporary bonds, in such
938 form and with such provisions as the board determines,
939 exchangeable for definitive bonds when such bonds have been
940 executed and are available for delivery. The board may also
941 provide for the replacement of any bonds that are mutilated,
942 lost, or destroyed.
943 331.642 Negotiability of bonds.—Any bond issued under this
944 part and any interim certificate, receipt, or temporary bond
945 shall, in the absence of an express recital on the face thereof
946 that it is nonnegotiable, be fully negotiable and shall be and
947 constitute negotiable instruments within the meaning and for all
948 purposes of the law merchant and the laws of this state.
949 331.643 Defeasance.—The board may make such provision with
950 respect to the defeasance of the right, title, and interest of
951 the holders of any of the bonds and obligations of the authority
952 in any revenues, funds, or other properties by which such bonds
953 are secured as the board deems appropriate and, without
954 limitation on the foregoing, may provide that when such bonds or
955 obligations become due and payable or have been called for
956 redemption, and the whole amount of the principal and the
957 interest and premium, if any, due and payable upon the bonds or
958 obligations when outstanding are paid, or sufficient moneys or
959 direct obligations of the United States Government the principal
960 of and the interest on which, when due, will provide sufficient
961 moneys, are held or deposited in trust for such purpose, and
962 provision shall also be made for paying all other sums payable
963 in connection with such bonds or other obligations, then the
964 right, title, and interest of the holders of the bonds in any
965 revenues, funds, or other properties by which such bonds are
966 secured shall thereupon cease, terminate, and become void. The
967 board may apply any surplus in any sinking fund established in
968 connection with such bonds or obligations and all balances
969 remaining in all other funds or accounts other than money held
970 for the redemption or payment of the bonds or other obligations
971 to any lawful purpose of the authority as the board determines.
972 331.644 Bonds as legal investment or security.
973 Notwithstanding any other law to the contrary, all bonds issued
974 under this part shall constitute legal investments for savings
975 banks, banks, trust companies, insurance companies, executors,
976 administrators, trustees, guardians, and other fiduciaries and
977 for any board, body, agency, instrumentality, county,
978 municipality, or other political subdivision of the state, and
979 shall constitute securities that may be deposited by banks or
980 trust companies as security for deposits of state, county,
981 municipal, or other public funds or by insurance companies as
982 required or voluntary statutory deposits.
983 331.645 Covenants.—Any resolution authorizing the issuance
984 of bonds may contain such covenants as the board deems
985 advisable, and all such covenants shall constitute valid,
986 legally binding, and enforceable contracts between the authority
987 and the bondholders, regardless of the time of issuance thereof.
988 Such covenants may include, without limitation, covenants
989 concerning the disposition of the bond proceeds; the use and
990 disposition of project revenues; the pledging of revenues and
991 assessments; the obligations of the authority with respect to
992 the operation of the project and the maintenance of adequate
993 project revenues; the issuance of additional bonds; the
994 appointment, powers, and duties of trustees and receivers; the
995 acquisition of outstanding bonds and obligations; restrictions
996 on the establishment of competing projects or facilities;
997 restrictions on the sale or disposal of the assets and property
998 of the authority; the priority of assessment liens; the priority
999 of claims by bondholders on the taxing power of the authority;
1000 the maintenance of deposits to ensure the payment of revenues by
1001 users of spaceport facilities and services; the discontinuance
1002 of authority services by reason of delinquent payments;
1003 acceleration upon default; the execution of necessary
1004 instruments; the procedure for amending or abrogating covenants
1005 with the bondholders; and such other covenants as may be deemed
1006 necessary or desirable for the security of the bondholders.
1007 331.646 Validity of bonds; validation proceedings.—Any
1008 bonds issued by the authority shall be incontestable in the
1009 hands of bona fide purchasers or holders for value and shall not
1010 be invalid because of any irregularity or defect in the
1011 proceedings for the issue and sale thereof. Before the issuance
1012 of any bonds, the authority shall publish a notice at least once
1013 in a newspaper or newspapers published or of general circulation
1014 in the appropriate county or counties in this state stating the
1015 date of adoption of the resolution authorizing such obligations;
1016 the amount, maximum rate of interest, and maturity of such
1017 obligations; and the purpose in general terms for which such
1018 obligations are to be issued, and further stating that any
1019 action or proceeding questioning the validity of such
1020 obligations or of the proceedings authorizing the issuance
1021 thereof, or of any covenants made therein, must be instituted
1022 within 20 days after the first publication of such notice or the
1023 validity of such obligations, proceedings, and covenants shall
1024 not be thereafter questioned in any court. If no such action or
1025 proceeding is instituted within such 20-day period, the validity
1026 of such obligations, proceedings, and covenants shall be
1027 conclusive and all persons or parties shall be forever barred
1028 from questioning the validity of such obligations, proceedings,
1029 or covenants in any court. Alternatively, the authority may
1030 validate its bonds pursuant to chapter 75.
1031 331.647 Part furnishes full authority for issuance of
1032 bonds.—This part constitutes full and complete authority for the
1033 issuance of bonds and the exercise of the powers of the
1034 authority provided in this part. Any bond issued by the
1035 authority shall not be secured by the full faith and credit of
1036 the state and does not constitute an obligation, general or
1037 special, of the state.
1038 331.648 Investment of funds.—The board may in its
1039 discretion invest funds of the authority through the Chief
1040 Financial Officer or in:
1041 (1) Direct obligations of or obligations guaranteed by the
1042 United States or for the payment of the principal and interest
1043 of which the faith and credit of the United States is pledged.
1044 (2) Bonds or notes issued by any of the following federal
1045 agencies:
1046 (a) Bank for Cooperatives.
1047 (b) Federal intermediate credit banks.
1048 (c) Federal home loan bank system.
1049 (d) Federal land banks.
1050 (e) Federal National Mortgage Association, including
1051 debentures or participating certificates issued by such
1052 association.
1053 (3) Public housing bonds issued by public housing
1054 authorities and secured by a pledge or annual contributions
1055 under an annual contribution contract or contracts with the
1056 United States.
1057 (4) Bonds or other interest-bearing obligations of any
1058 county, district, city, or town located in this state for which
1059 the full faith and credit of such political subdivision is
1060 pledged.
1061 (5) Any investment authorized for insurers by ss. 625.306
1062 625.316 and any amendments thereto.
1063 (6) Any investment authorized under s. 17.57 and any
1064 amendments thereto.
1065 331.649 Fiscal year of authority.—The board may establish
1066 and from time to time redetermine the fiscal year of the
1067 authority. Unless the board otherwise provides, the authority’s
1068 fiscal year shall be July 1 through June 30.
1069 331.650 Insurance coverage of authority; safety program.—
1070 (1) Notwithstanding any other law, the State Risk
1071 Management Trust Fund established under s. 284.30 may not insure
1072 buildings and property owned or leased by the authority.
1073 (2) Notwithstanding any other law, the State Risk
1074 Management Trust Fund established under s. 284.30 may not insure
1075 against any liability of the authority.
1076 (3) The authority shall establish a safety program. The
1077 safety program shall include:
1078 (a) Development and implementation of a loss prevention
1079 program that shall consist of a comprehensive safety program for
1080 the authority, including a statement, established by the board,
1081 of safety policy and responsibility.
1082 (b) Provision for regular and periodic facility and
1083 equipment inspections.
1084 (c) Investigation of job-related employee accidents and
1085 other accidents occurring on the premises of the authority or
1086 within areas of its jurisdiction.
1087 (d) Establishment of a program to promote increased safety
1088 awareness among employees, agents, and subcontractors of the
1089 authority.
1090 (4)(a) The authority shall, if available, secure insurance
1091 coverage within reasonable limits for liability that may arise
1092 as a consequence of its responsibilities.
1093 (b) The authority shall, if available and cost-effective,
1094 secure reasonable levels of insurance coverage on its buildings,
1095 facilities, and property.
1096 (c) The authority, with respect to the purchase of
1097 insurance, shall be subject to the applicable provisions of
1098 chapter 287 and other applicable law.
1099 331.651 Participation by women, minorities, and socially
1100 and economically disadvantaged business enterprises encouraged.
1101 It is the intent of the Legislature and the public policy of
1102 this state that women, minorities, and socially and economically
1103 disadvantaged business enterprises be encouraged to participate
1104 fully in all phases of economic and community development.
1105 Accordingly, to achieve such purpose, the authority shall, in
1106 accordance with applicable state and federal law, involve and
1107 utilize women, minorities, and socially and economically
1108 disadvantaged business enterprises in all phases of the design,
1109 development, construction, maintenance, and operation of
1110 spaceports developed under this part.
1111 331.654 Tax exemption.—The exercise of the powers granted
1112 by this part in all respects shall be for the benefit of the
1113 people of this state, for the increase of their industry and
1114 prosperity, for the improvement of their health and living
1115 conditions, and for the provision of gainful employment and
1116 shall constitute the performance of essential public functions.
1117 The authority is not required to pay any taxes on any project or
1118 any other property owned by the authority under this part or on
1119 the income therefrom. The bonds issued under this part or on the
1120 income therefrom, including any profit made on the sale thereof,
1121 and all notes, mortgages, security agreements, letters of
1122 credit, or other instruments that arise out of or are given to
1123 secure the repayment of bonds issued in connection with a
1124 project financed under this part shall at all times be free from
1125 taxation by the state or any local unit, political subdivision,
1126 or other instrumentality of the state. However, this section
1127 does not exempt from taxation or assessments the leasehold
1128 interest of a lessee in any project or any other property or
1129 interest owned by the lessee. The exemption granted by this
1130 section is not applicable to any tax imposed by chapter 220 on
1131 interest, income, or profits on debt obligations owned by
1132 corporations.
1133 331.655 Use of name; ownership rights to intellectual
1134 property.—
1135 (1)(a) The corporate name of a corporation incorporated or
1136 authorized to transact business in this state, or the name of
1137 any person or business entity transacting business in this
1138 state, may not use the words “Northeast Florida Regional
1139 Spaceport Authority” in its name unless the board gives written
1140 approval for such use.
1141 (b) The Department of State may dissolve, pursuant to s.
1142 607.1420, any corporation that violates paragraph (a).
1143 (2) Notwithstanding any provision of chapter 286, the legal
1144 title and every right, interest, claim, or demand of any kind in
1145 and to any patent, trademark, copyright, certification mark, or
1146 other right acquired under the patent and trademark laws of the
1147 United States or this state or any foreign country, or the
1148 application for the same, as is owned or held, acquired, or
1149 developed by the authority, under the authority and directions
1150 given it by this part, is vested in the authority for the use,
1151 benefit, and purposes provided in this part. The authority is
1152 vested with and may exercise all of the normal incidents of such
1153 ownership, including the receipt and disposition of royalties.
1154 Any sums received as royalties from any such rights are
1155 appropriated to the authority for any of the purposes and uses
1156 provided in this part.
1157 331.660 Joint participation agreement or assistance;
1158 spaceport master plan.—
1159 (1) Notwithstanding any other law, the Department of
1160 Transportation may enter into a joint participation agreement
1161 with, or otherwise assist, the authority as necessary to
1162 effectuate this part and may allocate funds for such purposes in
1163 its 5-year work program. However, the department may not fund
1164 the administrative or operational costs of the authority.
1165 (2) The authority shall develop a spaceport master plan for
1166 expansion and modernization of space transportation facilities
1167 within the region. The plan shall contain recommended projects
1168 to meet current and future commercial, national, and state space
1169 transportation requirements. The authority shall submit the plan
1170 to any appropriate metropolitan planning organization for review
1171 of intermodal impacts. The authority shall submit the plan to
1172 the Department of Transportation, and such plan may be included
1173 within the department’s 5-year work program of qualifying
1174 commercial sector launch and spaceport discretionary capacity
1175 improvement projects under subsection (3). The plan shall
1176 identify appropriate funding levels and include recommendations
1177 on appropriate sources of revenue that may be developed to
1178 contribute to the State Transportation Trust Fund.
1179 (3) Subject to the availability of appropriated funds, the
1180 department may participate in the capital cost of eligible
1181 spaceport discretionary capacity improvement projects. The
1182 annual legislative budget request shall be based on the proposed
1183 funding requested for approved spaceport discretionary capacity
1184 improvement projects.
1185 331.661 Construction.—This part supersedes any general or
1186 special act that is inconsistent with this part to the extent of
1187 such inconsistency.
1188 Section 2. This act shall take effect July 1, 2022.