Senate Bill sb1976c1

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    Florida Senate - 2001                           CS for SB 1976

    By the Committee on Commerce and Economic Opportunities; and
    Senator Sebesta




    310-1881-01

  1                      A bill to be entitled

  2         An act relating to the Spaceport Florida

  3         Authority; amending s. 331.367, F.S.; revising

  4         the membership and functions of entities under

  5         the Spaceport Management Council; amending s.

  6         331.368, F.S.; revising provisions relating to

  7         the authority of the Florida Space Research

  8         Institute; providing an effective date.

  9

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

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12         Section 1.  Section 331.367, Florida Statutes, is

13  amended to read:

14         331.367  Spaceport Management Council.--

15         (1)  The Spaceport Management Council is created within

16  the Spaceport Florida Authority to provide coordination

17  between government agencies and commercial operators for the

18  purpose of developing and recommendations on projects and

19  activities to that will increase the operability and

20  capabilities of Florida's space launch facilities, increase

21  statewide space-related industry and opportunities, and

22  promote space education, and research, and technology

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

24  develop integrated facility and programmatic development plans

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

26  identify appropriate private, state, and federal resources to

27  implement these plans.

28         (2)  The council shall make recommendations regarding:

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

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    Florida Senate - 2001                           CS for SB 1976
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  1         (b)  The projects and levels of commercial financing

  2  required from the Florida Commercial Space Financing

  3  Corporation created by s. 331.407.

  4         (c)  Development and expansion of space-related

  5  education and research facilities and programs within Florida

  6  in consultation with the Florida Space Research Institute,

  7  including recommendations to be provided to the State

  8  University System, the Division of Community Colleges, and the

  9  Department of Education.

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

11  policy.

12         (e)  Appropriate levels of governmental and private

13  funding for sustainable Florida's approach to the Federal

14  Government regarding requests for funding of space

15  development.

16         (3)  The council shall submit its recommendations to

17  the Governor and Lieutenant Governor and provide copies to the

18  Secretary of Transportation, the director of the Office of

19  Tourism, Trade and Economic Development, the associate

20  administrator for Space Transportation in the United States

21  Department of Transportation, the administrator of the

22  National Aeronautics and Space Administration, and the Deputy

23  Assistant Secretary of the Air Force for Space Plans and

24  Policy.

25         (4)(3)(a)  The council shall consist of an executive

26  board consisting, which shall consist of representatives of

27  governmental organizations having with responsibilities for

28  developing or operating space transportation facilities, and a

29  Space Industry Committee, which shall consist of

30  representatives of Florida's space industry.

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    Florida Senate - 2001                           CS for SB 1976
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  1         (b)  The executive board consists of the following

  2  individuals or their designees shall serve on the executive

  3  board:

  4         1.  The executive director of the Spaceport Florida

  5  Authority or his or her designee.

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

  7  his or her designee.

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

  9  Space Wing or his or her designee.

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

11  his or her designee.

12         2.5.  The Secretary of Transportation or his or her

13  designee.

14         3.6.  The president of Enterprise Florida, Inc., or his

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

16         4.7.  The director of the Office of Tourism, Trade, and

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

18  nonvoting member.

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

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

21  effectiveness, and the following installation heads or their

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

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

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

25  Test Unit.

26         2.  Federal liaison officials may attend and

27  participate in council meetings and deliberations, provide

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

29  issues of concern and make recommendations to the council.

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

  2  federal statutes and other constraints, but the determination

  3  of this limitation is a federal function.

  4         4.  The fiduciary responsibility of the official

  5  liaisons shall remain at all times with their respective

  6  agencies.

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

  8  the official liaisons are not adopted or incorporated into the

  9  final recommendations of the council, the official liaisons

10  may append to such final recommendations their advice,

11  recommendations, or opinions.

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

13  3-year term, beginning July 1. Initial appointments shall be

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

15  act.

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

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

18  The Space Industry Committee shall hold its initial meeting no

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

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

21  state.

22         (5)(7)  The executive board council shall adopt bylaws

23  governing the manner in which the business of the council

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

25  which the chairperson of the council is elected.

26         (6)(8)  The council shall provide infrastructure and

27  program requirements and develop other information to be

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

29  define goals and objectives concerning the development of

30  spaceport facilities and an intermodal transportation system

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  1  consistent with the goals of the Florida Transportation Plan

  2  developed pursuant to s. 339.155.

  3         (7)(9)  The council shall provide requirements and

  4  other information to be utilized in the development of a

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

  6  and objectives of the council concerning the development of

  7  facilities for space manufacturing, research, technology and

  8  development, and education educational facilities.

  9         (8)(10)  The council shall meet at the call of its

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

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

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

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

14  the council constitutes a quorum for the purpose of

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

16  the majority of the voting members present is sufficient for

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

18  require a greater vote for a particular action.

19         Section 2.  Section 331.368, Florida Statutes, is

20  amended to read:

21         331.368  Florida Space Research Institute.--

22         (1)  There is created the Florida Space Research

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

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

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

26  industry and its expansion, diversification, and transition to

27  commercialization.

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

29  partnership under the direction of a board composed of:

30         (a)  A representative of the Spaceport Florida

31  Authority.

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    Florida Senate - 2001                           CS for SB 1976
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  1         (b)  A representative of Enterprise Florida, Inc.

  2         (c)  A representative of the Florida Aviation Aerospace

  3  Alliance.

  4         (d)  A representative of the Florida Space Business

  5  Roundtable.

  6         (e)  Additional private-sector representatives from the

  7  space industry selected collaboratively by the core members

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

  9  representatives under this paragraph must comprise the

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

11  regions throughout the state. Each private-sector

12  representative shall serve a term of 3 years.

13         (f)  Two representatives from the educational community

14  who are selected collaboratively by the core members specified

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

16  instruction related to the space industry. One representative

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

18  be from a public or private university. Each educational

19  representative shall serve a term of 2 years.

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

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

22  for convening and leading meetings of the board.

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

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

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

26         (3)  The Florida Space Research Institute may:

27         (a)  Acquire property under such conditions as the

28  board considers necessary, and sell or otherwise dispose of

29  the property.

30         (b)  Serve as a coordinating organization among public

31  and private academic institutions, the State University

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    Florida Senate - 2001                           CS for SB 1976
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  1  System, industry, and government agencies to support the

  2  expansion and diversification of the state's space industry

  3  and to support research and education programs.

  4         (c)  Execute contracts and other documents, adopt

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

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

  7         (d)  Establish a personnel-management system and

  8  procedures, rules, and rates governing administrative and

  9  financial operations of the institute.

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

11  and fees from other organizations to perform activities that

12  are consistent with the purposes of this section.

13         (f)  Work in partnership with the Spaceport Florida

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

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

16  space enterprise, research, and technology development.

17         (4)(3)  The board of the Florida Space Research

18  Institute shall:

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

20  research priorities of the state and its space-related

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

22  and the timeframes for completion.

23         (b)  Invite the participation of public and private

24  academic institutions universities, including, but not limited

25  to, the University of Central Florida, the University of

26  Florida, the University of South Florida, Florida State

27  University, Florida Institute of Technology, and the

28  University of Miami.

29         (c)  Select a lead university to:

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

31  administrative entity of the institute;

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

  2  space research agenda and programs; and

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

  4  recommending ways that the state's public and private

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

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

  7  December 15, 2000.

  8         (d)  Establish a partnership with the state Workforce

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

10  institute coordinates the workforce-training requirements

11  identified by the space industry and supports development of

12  workforce-training initiatives to meet such requirements,

13  using training providers approved by the board or its

14  successor entity.

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

16  Administration and subject to the terms of an agreement with

17  NASA, operation of a Space Experiment Research and Processing

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

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

20  such responsibility through a consortium of public and private

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

22         (f)  Develop initiatives to foster the participation of

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

24  and to help the state maintain and enhance its competitive

25  position in the commercial space-transportation industry.

26         (g)  Pursue partnerships with the National Aeronautics

27  and Space Administration to coordinate and conduct research in

28  fields including, but not limited to, environmental

29  monitoring; agriculture; aquatics; resource reutilization

30  technologies for long-duration space missions; and spaceport

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    Florida Senate - 2001                           CS for SB 1976
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  1  technologies which support current or next-generation launch

  2  vehicles and range systems.

  3         (h)  Pursue partnerships with the National Aeronautics

  4  and Space Administration for the conduct of space-related

  5  research using computer technology to connect experts in a

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

  7  perform research experiments in a real-time, virtual

  8  environment.

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

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

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

12  salary as the board prescribes.

13         (5)(4)  By December 15 of each year, the institute

14  shall submit a report of its activities and accomplishments

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

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

17  also include recommendations regarding actions the state

18  should take to enhance the development of space-related

19  businesses, including:

20         (a)  Future research activities.

21         (b)  The development of capital and technology

22  assistance to new and expanding industries.

23         (c)  The removal of regulatory impediments.

24         (d)  The establishment of business development

25  incentives.

26         (e)  The initiation of education and training programs

27  to ensure a skilled workforce.

28         Section 3.  This act shall take effect July 1, 2001.

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    Florida Senate - 2001                           CS for SB 1976
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  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                         Senate Bill 1976

  3

  4  The committee substitute:

  5        Eliminates any changes to the name or structure of the
          Space Industry Committee (to the Space Commerce Board)
  6        that were contained in the original bill.

  7        Eliminates a provision clarifying a reference to
          property within the Spaceport Florida Authority
  8        (Spaceport Florida) territory.

  9        Eliminates a provision to allow Spaceport Florida
          employees to participate in the state employee tuition
10        waiver education and training program. The program
          allows state employees to receive tuition waivers on a
11        space-available basis or vouchers to attend work-related
          courses at public universities.
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          Changes the effective date to July 1, 2001, from July 1,
13        2002.

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