Senate Bill sb1976

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    Florida Senate - 2001                                  SB 1976

    By Senator Sebesta





    20-486A-01

  1                      A bill to be entitled

  2         An act relating to the Spaceport Florida

  3         Authority; amending s. 331.304, F.S.; providing

  4         for what constitutes spaceport territory;

  5         amending s. 331.305, F.S.; authorizing

  6         Spaceport Authority employees to participate in

  7         the state employee tuition waiver education and

  8         training program; amending s. 331.367, F.S.;

  9         revising the membership and functions of

10         entities under the Spaceport Management

11         Council; creating the Space Commerce Board;

12         amending s. 331.368, F.S.; revising provisions

13         relating to the authority of the Florida Space

14         Research Institute; providing an effective

15         date.

16

17  Be It Enacted by the Legislature of the State of Florida:

18

19         Section 1.  Subsection (1) of section 331.304, Florida

20  Statutes, as amended by section 3 of chapter 99-256, Laws of

21  Florida, is amended to read:

22         331.304  Spaceport territory.--The following property

23  shall constitute spaceport territory:

24         (1)  Certain real property located in Brevard County

25  that is included within the 1998 boundaries of Patrick Air

26  Force Base, Cape Canaveral Air Force Station, or John F.

27  Kennedy Space Center.

28         Section 2.  Subsection (18) of section 331.305, Florida

29  Statutes, is amended to read:

30         331.305  Powers of the authority.--The authority shall

31  have the power to:

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    Florida Senate - 2001                                  SB 1976
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  1         (18)  Establish a personnel management system for

  2  hiring employees and setting employee benefit packages.  The

  3  personnel of the authority are shall not be considered to be

  4  within the state employment system, but are eligible to

  5  participate in state employee education and training

  6  opportunities established under s. 110.1099.

  7         Section 3.  Section 331.367, Florida Statutes, is

  8  amended to read:

  9         331.367  Spaceport Management Council.--

10         (1)  The Spaceport Management Council is created within

11  the Spaceport Florida Authority to provide coordination

12  between government agencies and commercial operators for the

13  purpose of developing and recommendations on projects and

14  activities to that will increase the operability and

15  capabilities of Florida's space launch facilities, increase

16  statewide space-related industry and opportunities, and

17  promote space education, and research, and technology

18  development within the state. The council shall work to create

19  develop integrated facility and programmatic development plans

20  to address commercial, state, and federal requirements and to

21  identify appropriate private, state, and federal resources to

22  implement these plans.

23         (2)  The council shall make recommendations regarding:

24         (a)  The development of a spaceport master plan.

25         (b)  The projects and levels of commercial financing

26  required from the Florida Commercial Space Financing

27  Corporation created by s. 331.407.

28         (c)  Development and expansion of space-related

29  education and research facilities and programs within Florida

30  in consultation with the Florida Space Research Institute,

31  including recommendations to be provided to the State

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    Florida Senate - 2001                                  SB 1976
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  1  University System, the Division of Community Colleges, and the

  2  Department of Education.

  3         (d)  The regulation of spaceports and federal and state

  4  policy.

  5         (e)  Appropriate levels of governmental and private

  6  funding for sustainable Florida's approach to the Federal

  7  Government regarding requests for funding of space

  8  development.

  9         (f)  Projects to be funded under the Florida Spaceport

10  Development Program created in s. 331.365.

11         (3)  The council shall submit its recommendations to

12  the Governor and Lieutenant Governor and provide copies to the

13  Secretary of Transportation, the director of the Office of

14  Tourism, Trade and Economic Development, the associate

15  administrator for Space Transportation in the United States

16  Department of Transportation, the administrator of the

17  National Aeronautics and Space Administration, and the Deputy

18  Assistant Secretary of the Air Force for Space Plans and

19  Policy.

20         (4)(3)(a)  The council shall consist of an executive

21  board consisting, which shall consist of representatives of

22  governmental and commercial organizations having with

23  responsibilities for developing or operating space

24  transportation facilities, and a Space Commerce Board that is

25  open to membership by space-related business and represents

26  Industry Committee, which shall consist of representatives of

27  Florida's space industry.

28         (b)  The executive board consists of the following

29  individuals or their designees shall serve on the executive

30  board:

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  1         1.  The executive director of the Spaceport Florida

  2  Authority or his or her designee.

  3         2.  The director of the John F. Kennedy Space Center or

  4  his or her designee.

  5         3.  The Commander of the United States Air Force 45th

  6  Space Wing or his or her designee.

  7         4.  The Commander of the Naval Ordnance Test Unit or

  8  his or her designee.

  9         2.5.  The Secretary of Transportation or his or her

10  designee.

11         3.6.  The president of Enterprise Florida, Inc., or his

12  or her designee, as an ex officio nonvoting member.

13         4.7.  The director of the Office of Tourism, Trade, and

14  Economic Development or his or her designee, as an ex officio

15  nonvoting member.

16         5.  Three industry representatives selected by the

17  Space Commerce Board.

18         (c)1.  Participation by the federal agencies having

19  space-related missions in the state will contribute to council

20  effectiveness, and the following installation heads or their

21  designees may serve as official liaisons to the council: the

22  director of the John F. Kennedy Space Center, the Commander of

23  the 45th Space Wing, and the Commander of the Naval Ordinance

24  Test Unit.

25         2.  Federal liaison officials may attend and

26  participate in council meetings and deliberations, provide

27  federal-agency views on issues before the council, and present

28  issues of concern and make recommendations to the council.

29         3.  The role of federal liaison officials is limited by

30  federal statutes and other constraints, but the determination

31  of this limitation is a federal function.

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  1         4.  The fiduciary responsibility of the official

  2  liaisons shall remain at all times with their respective

  3  agencies.

  4         5.  To the extent that the advice or recommendations of

  5  the official liaisons are not adopted or incorporated into the

  6  final recommendations of the council, the official liaisons

  7  may append to such final recommendations their advice,

  8  recommendations, or opinions.

  9         (4)  Each member shall be appointed to serve for a

10  3-year term, beginning July 1. Initial appointments shall be

11  made no later than 60 days after the effective date of this

12  act.

13         (5)  The executive board shall hold its initial meeting

14  no later than 30 days after the members have been appointed.

15  The Space Industry Committee shall hold its initial meeting no

16  later than 60 days after the members have been appointed.

17         (6)  All council members must be residents of the

18  state.

19         (5)(7)  The executive board council shall adopt bylaws

20  governing the manner in which the business of the council

21  shall be conducted. The bylaws shall specify the procedure by

22  which the chairperson of the council is elected.

23         (6)(8)  The council shall provide infrastructure and

24  program requirements and develop other information to be

25  utilized in a 5-year spaceport master plan. The council shall

26  define goals and objectives concerning the development of

27  spaceport facilities and an intermodal transportation system

28  consistent with the goals of the Florida Transportation Plan

29  developed pursuant to s. 339.155.

30         (7)(9)  The council shall provide requirements and

31  other information to be utilized in the development of a

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  1  5-year Spaceport Economic Development Plan, defining the goals

  2  and objectives of the council concerning the development of

  3  facilities for space manufacturing, research, technology and

  4  development, and education educational facilities.

  5         (8)(10)  The council shall meet at the call of its

  6  chairperson, at the request of two or more members of the

  7  executive board a majority of its membership, or at such times

  8  as may be prescribed in its bylaws. However, the council must

  9  meet at least semiannually. A majority of voting members of

10  the council constitutes a quorum for the purpose of

11  transacting the business of the council. A majority vote of

12  the majority of the voting members present is sufficient for

13  any action of the council, unless the bylaws of the council

14  require a greater vote for a particular action.

15         Section 4.  Section 331.368, Florida Statutes, is

16  amended to read:

17         331.368  Florida Space Research Institute.--

18         (1)  There is created the Florida Space Research

19  Institute, the purpose of which is to serve as an

20  industry-driven center for research, leveraging the state's

21  resources in a collaborative effort to support Florida's space

22  industry and its expansion, diversification, and transition to

23  commercialization.

24         (2)  The institute shall operate as a public/private

25  partnership under the direction of a board composed of:

26         (a)  A representative of the Spaceport Florida

27  Authority.

28         (b)  A representative of Enterprise Florida, Inc.

29         (c)  A representative of the Florida Aviation Aerospace

30  Alliance.

31

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  1         (d)  A representative of the Florida Space Business

  2  Roundtable.

  3         (e)  Additional private-sector representatives from the

  4  space industry selected collaboratively by the core members

  5  specified in paragraphs (a)-(d). The additional space industry

  6  representatives under this paragraph must comprise the

  7  majority of members of the board and must be from geographic

  8  regions throughout the state. Each private-sector

  9  representative shall serve a term of 3 years.

10         (f)  Two representatives from the educational community

11  who are selected collaboratively by the core members specified

12  in paragraphs (a)-(d) and who are engaged in research or

13  instruction related to the space industry. One representative

14  must be from a community college, and one representative must

15  be from a public or private university. Each educational

16  representative shall serve a term of 2 years.

17         (g)  Annually, the members of the board shall select

18  one of the members to serve as chair, who shall be responsible

19  for convening and leading meetings of the board.

20         (h)  The board members are considered to be volunteers

21  as defined in s. 110.501, and shall serve with all protections

22  provided to volunteers of state agencies under s. 768.1355.

23         (3)  The Florida Space Research Institute may:

24         (a)  Acquire property under such conditions as the

25  board considers necessary, and sell or otherwise dispose of

26  the property.

27         (b)  Serve as a coordinating organization among public

28  and private academic institutions, the State University

29  System, industry, and government agencies to support the

30  expansion and diversification of the state's space industry

31  and to support research and education programs.

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  1         (c)  Execute contracts and other documents, adopt

  2  proceedings, and perform any acts determined by the board to

  3  be necessary to carry out the purposes of this section.

  4         (d)  Establish a personnel-management system and

  5  procedures, rules, and rates governing administrative and

  6  financial operations of the institute.

  7         (e)  Acquire, accept, or administer grants, contracts,

  8  and fees from other organizations to perform activities that

  9  are consistent with the purposes of this section.

10         (f)  Work in partnership with the Spaceport Florida

11  Authority, Enterprise Florida, Inc., and other organizations

12  to support their programs to promote the state as a center for

13  space enterprise, research, and technology development.

14         (4)(3)  The board of the Florida Space Research

15  Institute shall:

16         (a)  Set the strategic direction for the space-related

17  research priorities of the state and its space-related

18  businesses, the scope of research projects for the institute,

19  and the timeframes for completion.

20         (b)  Invite the participation of public and private

21  academic institutions universities, including, but not limited

22  to, the University of Central Florida, the University of

23  Florida, the University of South Florida, Florida State

24  University, Florida Institute of Technology, and the

25  University of Miami.

26         (c)  Select a lead university to:

27         1.  Serve as coordinator of research for and as the

28  administrative entity of the institute;

29         2.  Support the institute's development of a statewide

30  space research agenda and programs; and

31

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  1         3.  Develop, and update as necessary, a report

  2  recommending ways that the state's public and private

  3  universities can work in partnership to support the state's

  4  space-industry requirements, which report must be completed by

  5  December 15, 2000.

  6         (d)  Establish a partnership with the state Workforce

  7  Development Board, or its successor entity, under which the

  8  institute coordinates the workforce-training requirements

  9  identified by the space industry and supports development of

10  workforce-training initiatives to meet such requirements,

11  using training providers approved by the board or its

12  successor entity.

13         (e)  Comanage, with the National Aeronautics and Space

14  Administration and subject to the terms of an agreement with

15  NASA, operation of a Space Experiment Research and Processing

16  Laboratory, if such a facility is constructed on land of the

17  John F. Kennedy Space Center. The institute shall carry out

18  such responsibility through a consortium of public and private

19  universities in the state led by the University of Florida.

20         (f)  Develop initiatives to foster the participation of

21  the state's space industry in the International Space Station

22  and to help the state maintain and enhance its competitive

23  position in the commercial space-transportation industry.

24         (g)  Pursue partnerships with the National Aeronautics

25  and Space Administration to coordinate and conduct research in

26  fields including, but not limited to, environmental

27  monitoring; agriculture; aquatics; resource reutilization

28  technologies for long-duration space missions; and spaceport

29  technologies which support current or next-generation launch

30  vehicles and range systems.

31

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  1         (h)  Pursue partnerships with the National Aeronautics

  2  and Space Administration for the conduct of space-related

  3  research using computer technology to connect experts in a

  4  given field of science who are in disparate locations and to

  5  perform research experiments in a real-time, virtual

  6  environment.

  7         (i)  Appoint or dismiss, as considered necessary by the

  8  board, a person to act as executive director of the institute,

  9  who shall have such title, functions, duties, powers, and

10  salary as the board prescribes.

11         (5)(4)  By December 15 of each year, the institute

12  shall submit a report of its activities and accomplishments

13  for the year to the Governor, the President of the Senate, and

14  the Speaker of the House of Representatives. The report shall

15  also include recommendations regarding actions the state

16  should take to enhance the development of space-related

17  businesses, including:

18         (a)  Future research activities.

19         (b)  The development of capital and technology

20  assistance to new and expanding industries.

21         (c)  The removal of regulatory impediments.

22         (d)  The establishment of business development

23  incentives.

24         (e)  The initiation of education and training programs

25  to ensure a skilled workforce.

26         Section 5.  This act shall take effect July 1, 2002.

27

28            *****************************************

29                          SENATE SUMMARY

30    Authorizes Spaceport Authority employees to participate
      in the state employee tuition waiver program. Creates the
31    Space Commerce Board. Revises the authority of the
      Florida Space Research Institute.
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