Senate Bill sb0688er
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2 An act relating to the Spaceport Florida
3 Authority; amending ss. 74.011, 196.012,
4 212.02, 288.063, 288.075, 288.35, 288.9415,
5 288.9515, 330.30, 331.301, 331.302, F.S.;
6 changing the name of the Spaceport Florida
7 Authority to the Florida Space Authority;
8 amending s. 331.303, F.S.; defining the term
9 "Spaceport Florida"; conforming provisions to
10 the name change; amending s. 331.304, F.S.;
11 naming certain spaceport territory; revising
12 the boundaries of spaceport territory; amending
13 s. 331.308, F.S.; conforming provisions to the
14 name change; revising membership of and
15 procedures related to the board of supervisors;
16 designating the Lieutenant Governor as the
17 chair of the board of supervisors and as the
18 state's space policy leader; amending s.
19 331.3101, F.S.; conforming provisions to the
20 name change; amending s. 331.349, F.S.;
21 changing the fiscal year of the authority;
22 amending s. 331.360, F.S.; conforming
23 provisions to the name change; conforming a
24 cross-reference; amending s. 331.367, F.S.;
25 revising the membership, mission,
26 administration, and reporting requirements of
27 the Spaceport Management Council and its
28 executive board; amending ss. 331.368, 331.405,
29 331.411, 339.137, 339.175, 768.28, F.S.;
30 conforming provisions to the name change;
31
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1 deleting obsolete provisions; providing
2 effective dates.
3
4 Be It Enacted by the Legislature of the State of Florida:
5
6 Section 1. Section 74.011, Florida Statutes, is
7 amended to read:
8 74.011 Scope.--In any eminent domain action, properly
9 instituted by and in the name of the state; the Department of
10 Transportation; any county, school board, municipality,
11 expressway authority, regional water supply authority,
12 transportation authority, flood control district, or drainage
13 or subdrainage district; the ship canal authority; any
14 lawfully constituted housing, port, or aviation authority; the
15 Spaceport Florida Space Authority; or any rural electric
16 cooperative, telephone cooperative corporation, or public
17 utility corporation, the petitioner may avail itself of the
18 provisions of this chapter to take possession and title in
19 advance of the entry of final judgment.
20 Section 2. Subsection (6) of section 196.012, Florida
21 Statutes, is amended to read:
22 196.012 Definitions.--For the purpose of this chapter,
23 the following terms are defined as follows, except where the
24 context clearly indicates otherwise:
25 (6) Governmental, municipal, or public purpose or
26 function shall be deemed to be served or performed when the
27 lessee under any leasehold interest created in property of the
28 United States, the state or any of its political subdivisions,
29 or any municipality, agency, special district, authority, or
30 other public body corporate of the state is demonstrated to
31 perform a function or serve a governmental purpose which could
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1 properly be performed or served by an appropriate governmental
2 unit or which is demonstrated to perform a function or serve a
3 purpose which would otherwise be a valid subject for the
4 allocation of public funds. For purposes of the preceding
5 sentence, an activity undertaken by a lessee which is
6 permitted under the terms of its lease of real property
7 designated as an aviation area on an airport layout plan which
8 has been approved by the Federal Aviation Administration and
9 which real property is used for the administration, operation,
10 business offices and activities related specifically thereto
11 in connection with the conduct of an aircraft full service
12 fixed base operation which provides goods and services to the
13 general aviation public in the promotion of air commerce shall
14 be deemed an activity which serves a governmental, municipal,
15 or public purpose or function. Any activity undertaken by a
16 lessee which is permitted under the terms of its lease of real
17 property designated as a public airport as defined in s.
18 332.004(14) by municipalities, agencies, special districts,
19 authorities, or other public bodies corporate and public
20 bodies politic of the state, a spaceport as defined in s.
21 331.303(19), or which is located in a deepwater port
22 identified in s. 403.021(9)(b) and owned by one of the
23 foregoing governmental units, subject to a leasehold or other
24 possessory interest of a nongovernmental lessee that is deemed
25 to perform an aviation, airport, aerospace, maritime, or port
26 purpose or operation shall be deemed an activity that serves a
27 governmental, municipal, or public purpose. The use by a
28 lessee, licensee, or management company of real property or a
29 portion thereof as a convention center, visitor center, sports
30 facility with permanent seating, concert hall, arena, stadium,
31 park, or beach is deemed a use that serves a governmental,
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1 municipal, or public purpose or function when access to the
2 property is open to the general public with or without a
3 charge for admission. If property deeded to a municipality by
4 the United States is subject to a requirement that the Federal
5 Government, through a schedule established by the Secretary of
6 the Interior, determine that the property is being maintained
7 for public historic preservation, park, or recreational
8 purposes and if those conditions are not met the property will
9 revert back to the Federal Government, then such property
10 shall be deemed to serve a municipal or public purpose. The
11 term "governmental purpose" also includes a direct use of
12 property on federal lands in connection with the Federal
13 Government's Space Exploration Program or spaceport activities
14 as defined in s. 212.02(22). Real property and tangible
15 personal property owned by the Federal Government or the
16 Spaceport Florida Space Authority and used for defense and
17 space exploration purposes or which is put to a use in support
18 thereof shall be deemed to perform an essential national
19 governmental purpose and shall be exempt. "Owned by the
20 lessee" as used in this chapter does not include personal
21 property, buildings, or other real property improvements used
22 for the administration, operation, business offices and
23 activities related specifically thereto in connection with the
24 conduct of an aircraft full service fixed based operation
25 which provides goods and services to the general aviation
26 public in the promotion of air commerce provided that the real
27 property is designated as an aviation area on an airport
28 layout plan approved by the Federal Aviation Administration.
29 For purposes of determination of "ownership," buildings and
30 other real property improvements which will revert to the
31 airport authority or other governmental unit upon expiration
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1 of the term of the lease shall be deemed "owned" by the
2 governmental unit and not the lessee. Providing two-way
3 telecommunications services to the public for hire by the use
4 of a telecommunications facility, as defined in s. 364.02(13),
5 and for which a certificate is required under chapter 364 does
6 not constitute an exempt use for purposes of s. 196.199,
7 unless the telecommunications services are provided by the
8 operator of a public-use airport, as defined in s. 332.004,
9 for the operator's provision of telecommunications services
10 for the airport or its tenants, concessionaires, or licensees,
11 or unless the telecommunications services are provided by a
12 public hospital. However, property that is being used to
13 provide such telecommunications services on or before October
14 1, 1997, shall remain exempt, but such exemption expires
15 October 1, 2004.
16 Section 3. Subsection (22) of section 212.02, Florida
17 Statutes, is amended to read:
18 212.02 Definitions.--The following terms and phrases
19 when used in this chapter have the meanings ascribed to them
20 in this section, except where the context clearly indicates a
21 different meaning:
22 (22) "Spaceport activities" means activities directed
23 or sponsored by the Spaceport Florida Space Authority on
24 spaceport territory pursuant to its powers and
25 responsibilities under the Spaceport Florida Space Authority
26 Act.
27 Section 4. Subsection (7) of section 288.063, Florida
28 Statutes, is amended to read:
29 288.063 Contracts for transportation projects.--
30 (7) For the purpose of this section, the Spaceport
31 Florida Space Authority may serve as the local government or
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1 as the contracting agency for transportation projects within
2 spaceport territory as defined by s. 331.304.
3 Section 5. Subsection (1) of section 288.075, Florida
4 Statutes, is amended to read:
5 288.075 Confidentiality of records.--
6 (1) As used in this section, the term "economic
7 development agency" means the Office of Tourism, Trade, and
8 Economic Development, any industrial development authority
9 created in accordance with part III of chapter 159 or by
10 special law, the Spaceport Florida Space Authority created in
11 part II of chapter 331, the Florida Commercial Space Financing
12 Corporation created in part III of chapter 331, the public
13 economic development agency of a county or municipality, or
14 any research and development authority created in accordance
15 with part V of chapter 159. The term also includes any private
16 agency, person, partnership, corporation, or business entity
17 when authorized by the state, a municipality, or a county to
18 promote the general business interests or industrial interests
19 of the state or that municipality or county.
20 Section 6. Subsection (2) of section 288.35, Florida
21 Statutes, is amended to read:
22 288.35 Definitions.--The following terms, wherever
23 used or referred to in this part, shall have the following
24 meanings:
25 (2) "Government agency" means the state or any county
26 or political subdivision thereof; any state agency; any
27 consolidated government of a county, and some or all of the
28 municipalities located within said county; any chartered
29 municipality in the state; and any of the institutions of such
30 consolidated governments, counties, or municipalities.
31 Specifically included are airports, port authorities,
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1 industrial authorities, and the Spaceport Florida Space
2 Authority.
3 Section 7. Subsection (2) of section 288.9415, Florida
4 Statutes, is amended to read:
5 288.9415 International Trade Grants.--
6 (2) A county, municipality, economic development
7 council, the Spaceport Florida Space Authority, or a
8 not-for-profit association of businesses organized to assist
9 in the promotion of international trade may apply for a grant
10 of state funds for the promotion of international trade.
11 Section 8. Subsection (4) of section 288.9515, Florida
12 Statutes, is amended to read:
13 288.9515 Authorized technology development programs.--
14 (4) Enterprise Florida, Inc., shall invest moneys
15 contained in the Florida Technology Research Investment Fund
16 in technology application research or for technology
17 development projects that have the potential for commercial
18 market application. The partnership shall coordinate any
19 investment in any space-related technology projects with the
20 Spaceport Florida Space Authority and the Technological
21 Research and Development Authority.
22 (a) The investment of moneys contained in the Florida
23 Technology Research Investment Fund is limited to investments
24 in qualified securities in which a private enterprise in this
25 state coinvests at least 40 percent of the total project
26 costs, in conjunction with other cash or noncash investments
27 from state educational institutions, state and federal
28 agencies, or other institutions.
29 (b) For the purposes of this fund, qualified
30 securities include loans, loans convertible to equity, equity,
31 loans with warrants attached that are beneficially owned by
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1 the board, royalty agreements, or any other contractual
2 arrangement in which the board is providing scientific and
3 technological services to any federal, state, county, or
4 municipal agency, or to any individual, corporation,
5 enterprise, association, or any other entity involving
6 technology development.
7 (c) Not more than $175,000 or 5 percent of the
8 revenues generated by investment of moneys contained in the
9 Florida Technology Research Investment Fund, whichever is
10 greater, may be used to pay operating expenses associated with
11 operation of the Florida Technology Research Investment Fund.
12 (d) In the event of liquidation or dissolution of
13 Enterprise Florida, Inc., or the Florida Technology Research
14 Investment Fund, any rights or interests in a qualified
15 security or portion of a qualified security purchased with
16 moneys invested by the State of Florida shall vest in the
17 state, under the control of the State Board of Administration.
18 The state is entitled to, in proportion to the amount of
19 investment in the fund by the state, any balance of funds
20 remaining in the Florida Technology Research Investment Fund
21 after payment of all debts and obligations upon liquidation or
22 dissolution of Enterprise Florida, Inc., or the fund.
23 (e) The investment of funds contained in the Florida
24 Technology Research Investment Fund does not constitute a
25 debt, liability, or obligation of the State of Florida or of
26 any political subdivision thereof, or a pledge of the faith
27 and credit of the state or of any such political subdivision.
28 Section 9. Paragraph (d) of subsection (3) of section
29 330.30, Florida Statutes, is amended to read:
30 330.30 Approval of airport sites and licensing of
31 airports; fees.--
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1 (3) EXEMPTIONS.--The provisions of this section do not
2 apply to:
3 (d) An airport under the jurisdiction or control of a
4 county or municipal aviation authority or a county or
5 municipal port authority or the Spaceport Florida Space
6 Authority; however, the department shall license any such
7 airport if such authority does not elect to exercise its
8 exemption under this subsection.
9 Section 10. Section 331.301, Florida Statutes, is
10 amended to read:
11 331.301 Short title.--This act may be cited as the
12 "Spaceport Florida Space Authority Act."
13 Section 11. Section 331.302, Florida Statutes, is
14 amended to read:
15 331.302 Spaceport Florida Space Authority; creation;
16 purpose.--
17 (1) It is the intent of the Legislature to provide a
18 unified direction for space-related economic growth and
19 educational development, to ensure a stable and dynamic
20 economic climate, to attract and maintain space-related
21 businesses suitable to the state, and to further the
22 coordination and development of Florida's economy.
23 (2) There is hereby established, formed, and created
24 the Spaceport Florida Space Authority, which is created and
25 incorporated as a public corporation, body politic, and
26 subdivision of the state to establish facilities or
27 complementary activities to enhance and provide commercial
28 space-related development opportunities for business,
29 education, and government, and which shall have all the
30 powers, rights, privileges, and authority as provided under
31 the laws of this state.
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1 (3) It shall be the purpose, function, and
2 responsibility of the Spaceport Florida Space Authority to
3 develop a strategy for and implement the acceleration of
4 space-related economic growth and educational development
5 within the state. Projects in the state shall include the
6 space business incubators, space tourism activities and
7 centers, educational involvement in business incubators, and
8 the Spaceport Florida launch centers. It shall be the
9 authority's purpose, function, and responsibility to provide
10 projects in the state which will develop and improve the
11 entrepreneurial atmosphere, to provide coordination among
12 space businesses, Florida universities, space tourism, and the
13 Spaceport Florida launch centers, and to provide activities
14 designed to stimulate the development of space commerce. In
15 carrying out these duties and responsibilities, the authority
16 may advise and cooperate with municipalities, counties,
17 regional authorities, state agencies and organizations,
18 appropriate federal agencies and organizations, and other
19 interested persons and groups.
20 (4) It is the intent of the Legislature that the
21 Spaceport Florida Space Authority shall not be considered an
22 "agency" as defined in ss. 216.011 and 287.012.
23 Section 12. Subsection (1) of section 331.303, Florida
24 Statutes, is amended, present subsections (20), (21), (22),
25 (23), (24), and (25) of that section are redesignated as
26 subsections (21), (22), (23), (24), (25), and (26),
27 respectively, and a new subsection (20) is added to that
28 section to read:
29 331.303 Definitions.--
30 (1) "Authority" means the Spaceport Florida Space
31 Authority created by this act.
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1 (20) "Spaceport Florida" means the authority or its
2 facilities and projects.
3 Section 13. Section 331.304, Florida Statutes, is
4 amended to read:
5 331.304 Spaceport territory.--The following property
6 shall constitute spaceport territory:
7 (1) Certain real property located in Brevard County
8 that is included within the 1998 boundaries of Patrick Air
9 Force Base, Cape Canaveral Air Force Station, or John F.
10 Kennedy Space Center. The territory consisting of areas within
11 the John F. Kennedy Space Center and the Cape Canaveral Air
12 Force Station may be referred to as the "Cape Canaveral
13 Spaceport."
14 (2) Certain real property located in Gulf County with
15 the following boundaries:
16 (a) Northern boundary--Latitude 29°40'45" North from
17 longitude 85°20' West in a westerly direction to the mean high
18 water line of the Gulf of Mexico.
19 (b) Eastern boundary--Longitude 85°20' West.
20 (c) Western boundary--The mean high water line of the
21 shore along the Gulf of Mexico.
22 (d) Southern boundary--The mean high water line of the
23 shore along the Gulf of Mexico.
24 (2)(3) Certain real property located in Santa Rosa,
25 Okaloosa, Gulf, and Walton Counties which is included within
26 the 1997 boundaries of Eglin Air Force Base.
27 Section 14. Section 331.308, Florida Statutes, is
28 amended to read:
29 331.308 Board of supervisors.--
30 (1) There is created within the Spaceport Florida
31 Space Authority a board of supervisors consisting of eight
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1 seven regular members, who shall be appointed by the Governor,
2 and two ex officio nonvoting members, one of whom shall be a
3 state senator selected by the President of the Senate and one
4 of whom shall be a state representative selected by the
5 Speaker of the House of Representatives. The Lieutenant
6 Governor, who is the state's space policy leader, shall serve
7 as chair of the board of supervisors, and shall cast the
8 deciding vote if the votes of the eight regular members result
9 in a tie. All regular members shall be subject to confirmation
10 by the Senate at the next regular session of the Legislature.
11 Existing board members are not prohibited from reappointment.,
12 all of whom shall be subject to confirmation by the Senate at
13 the next regular session of the Legislature. Each of the
14 regular board members must be a resident of the state and must
15 have experience in the aerospace or commercial space industry
16 or in finance or have other significant relevant experience. A
17 private-sector legal entity may not have more than one person
18 serving on the board at any one time. One regular member shall
19 represent organized labor interests, and one regular member
20 shall represent minority interests, and four regular members
21 must represent space industry, at least one of whom must also
22 be from a small business, as defined in s. 288.703. For the
23 purpose of this section, "space industry" includes private
24 sector entities engaged in space flight business, as defined
25 in s. 212.031, research and technology development of
26 space-based products and services, space station
27 commercialization, development of spaceport and range
28 technology, remote sensing products and services, space
29 biotechnology, measurement and calibration of space assets,
30 space related software and information technology development,
31 design and architecture of space-based assets and facilities
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1 for manufacturing and other purposes, space-related
2 nano-technology, space tourism, and other commercial
3 enterprises utilizing uniquely space-based capabilities.
4 (2) Each regular member shall serve a term of 4 years
5 or until a successor is appointed and qualified. The term of
6 each such member shall be construed to commence on the date of
7 appointment and to terminate on June 30 of the year of the end
8 of the term. Appointment to the board shall not preclude any
9 such member from holding any other private or public position.
10 (3) The ex officio nonvoting legislative members shall
11 serve on the board for 2-year terms.
12 (4) Any vacancy on the board shall be filled for the
13 balance of the unexpired term.
14 (5) This act does not affect the terms or conditions
15 of current members of the board, but applies to any vacancy
16 that occurs on or after the effective date of this act.
17 Appointments to the board shall give effect to this act as
18 soon as practicable. Vacancies created by or occurring
19 subsequent to the passage of this act shall be filled by
20 representatives of the space industry, as provided herein,
21 until the composition of the board is in compliance with the
22 provisions of subsection (1). Initial appointments shall be
23 made no later than 60 days after this act takes effect.
24 (6) The board shall hold its initial meeting no later
25 than 20 days after the members have been appointed. At its
26 initial meeting, or as soon thereafter as is practicable, the
27 board shall appoint an executive director. Meetings shall be
28 held quarterly or more frequently at the call of the chair. A
29 majority of the regular members of the board shall constitute
30 a quorum, and a majority vote of such members present is
31 necessary for any action taken by the board.
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1 (7) The Governor has the authority to remove from the
2 board any regular member in the manner and for cause as
3 defined by the laws of this state and applicable to situations
4 which may arise before the board. Unless excused by the chair
5 of the board, a regular member's absence from two or more
6 consecutive board meetings creates a vacancy in the office to
7 which the member was appointed.
8 Section 15. Section 331.3101, Florida Statutes, is
9 amended to read:
10 331.3101 Spaceport Florida Space Authority; travel and
11 entertainment expenses.--
12 (1) Notwithstanding the provisions of s. 112.061, the
13 authority shall adopt rules by which it may make expenditures
14 by advancement or reimbursement, or a combination thereof, to
15 authority officers and employees; reimburse business clients,
16 guests, and authorized persons as defined in s. 112.061(2)(e);
17 and make direct payments to third-party vendors:
18 (a) For travel expenses of such business clients,
19 guests, and authorized persons incurred by the authority in
20 connection with the performance of its statutory duties, and
21 for travel expenses incurred by state officials and state
22 employees while accompanying such business clients, guests, or
23 authorized persons or when authorized by the board or its
24 designee.
25 (b) For entertainment expenses of such guests,
26 business clients, and authorized persons incurred by the
27 authority in connection with the performance of its statutory
28 duties, and for entertainment expenses incurred for authority
29 officials and employees when such expenses are incurred while
30 in the physical presence of such business clients, guests, or
31 authorized persons.
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1 (2) The rules shall be subject to approval by the
2 Comptroller prior to promulgation. The rules shall require
3 the submission of paid receipts, or other proof prescribed by
4 the Comptroller, with any claim for reimbursement, and shall
5 require, as a condition for any advancement, an agreement to
6 submit paid receipts or other proof and to refund any unused
7 portion of the advancement within 15 days after the expense is
8 incurred or, if the advancement is made in connection with
9 travel, within 15 days after completion of the travel.
10 However, with respect to an advancement made solely for travel
11 expenses, the rules may allow paid receipts or other proof to
12 be submitted, and any unused portion of the advancement to be
13 refunded, within 30 days after completion of the travel.
14 (3) An annual report shall be made to the Legislature
15 not later than November 30 of each year for the previous
16 fiscal year, which shall consist of a synopsis concisely
17 summarizing all travel, entertainment, and incidental expenses
18 incurred within the United States and, separately, all travel,
19 entertainment, and incidental expenses incurred outside the
20 United States.
21 (4) No claim submitted under this section shall be
22 required to be sworn to before a notary public or other
23 officer authorized to administer oaths, but any claim
24 authorized or required to be made under any provision of this
25 section shall contain a statement that the expenses were
26 actually incurred as necessary travel or entertainment
27 expenses in the performance of official duties of the
28 authority and shall be verified by written declaration that it
29 is true and correct as to every material matter. Any person
30 who willfully makes and subscribes to any such claim which the
31 person does not believe to be true and correct as to every
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1 material matter or who willfully aids or assists in, or
2 procures, counsels, or advises, the preparation or
3 presentation of a claim pursuant to this section, which claim
4 is fraudulent or false as to any material matter, whether or
5 not such falsity or fraud is with the knowledge or consent of
6 the person authorized or required to present such claim,
7 commits a misdemeanor of the second degree, punishable as
8 provided in s. 775.082 or s. 775.083. Whoever receives an
9 advancement or reimbursement by means of a false claim is
10 civilly liable, in the amount of the overpayment, for the
11 reimbursement of the public fund from which the claim was
12 paid.
13 Section 16. Section 331.349, Florida Statutes, is
14 amended to read:
15 331.349 Fiscal year of the authority.--The board has
16 the power to establish and from time to time redetermine the
17 fiscal year of the authority. Unless the board otherwise
18 provides, the authority's fiscal year shall be July October 1
19 through June September 30.
20 Section 17. Subsections (2) and (3) of section
21 331.360, Florida Statutes, are amended to read:
22 331.360 Joint project agreement or assistance;
23 spaceport master plan.--
24 (2) Notwithstanding any other provision of law, the
25 Department of Transportation may enter into a joint project
26 agreement with, or otherwise assist, the Spaceport Florida
27 Space Authority as necessary to effectuate the provisions of
28 this chapter and may allocate funds for such purposes in its
29 5-year work program. However, the department may not fund the
30 administrative or operational costs of the authority.
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1 (3) The authority shall develop a spaceport master
2 plan for expansion and modernization of space transportation
3 facilities within spaceport territories as defined in s.
4 331.303(23) s. 331.303(22). The plan shall contain
5 recommended projects to meet current and future commercial,
6 national, and state space transportation requirements. The
7 authority shall submit the plan to any appropriate M.P.O. for
8 review of intermodal impacts. The authority shall submit the
9 spaceport master plan to the Department of Transportation, and
10 such plan may be included within the department's 5-year work
11 program of qualifying aerospace discretionary capacity
12 improvement under subsection (4). The plan shall identify
13 appropriate funding levels and include recommendations on
14 appropriate sources of revenue that may be developed to
15 contribute to the State Transportation Trust Fund.
16 Section 18. Section 331.367, Florida Statutes, is
17 amended to read:
18 331.367 Spaceport Management Council.--
19 (1) The Spaceport Management Council is created within
20 the Spaceport Florida Space Authority to provide coordination
21 between government agencies and commercial operators for the
22 purpose of developing and recommendations on projects and
23 activities to that will increase the operability and
24 capabilities of Florida's space launch facilities, increase
25 statewide space-related industry and opportunities, and
26 promote space education, and research, and technology
27 development within the state. The council shall work to create
28 develop integrated facility and programmatic development plans
29 to address commercial, state, and federal requirements and to
30 identify appropriate private, state, and federal resources to
31 implement these plans.
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1 (2) The council shall make recommendations regarding:
2 (a) The development of a spaceport master plan.
3 (b) The projects and levels of commercial financing
4 required from the Florida Commercial Space Financing
5 Corporation created by s. 331.407.
6 (c) Development and expansion of space-related
7 education and research facilities and programs within Florida
8 in consultation with the Florida Space Research Institute,
9 including recommendations to be provided to the State
10 University System, the Division of Community Colleges, and the
11 Department of Education.
12 (d) The regulation of spaceports and federal and state
13 policy.
14 (e) Appropriate levels of governmental and private
15 funding for sustainable Florida's approach to the Federal
16 Government regarding requests for funding of space
17 development.
18 (3) The council shall submit its recommendations to
19 the Governor and Lieutenant Governor and provide copies to the
20 Secretary of Transportation, the director of the Office of
21 Tourism, Trade, and Economic Development, the associate
22 administrator for Space Transportation in the United States
23 Department of Transportation, the administrator of the
24 National Aeronautics and Space Administration, the Deputy
25 Assistant Secretary of the Air Force for Space Plans and
26 Policy, and the ex officio nonvoting council members of the
27 Senate and the House of Representatives.
28 (4)(3)(a) The council shall be composed consist of an
29 executive board consisting, which shall consist of
30 representatives of governmental organizations having with
31 responsibilities for developing or operating space
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1 transportation facilities, and a Space Industry Committee
2 consisting, which shall consist of representatives of
3 Florida's space industry.
4 (b) The executive board consists of the following
5 individuals or their designees shall serve on the executive
6 board:
7 1. The executive director of the Spaceport Florida
8 Space Authority or his or her designee.
9 2. The director of the John F. Kennedy Space Center or
10 his or her designee.
11 3. The Commander of the United States Air Force 45th
12 Space Wing or his or her designee.
13 4. The Commander of the Naval Ordnance Test Unit or
14 his or her designee.
15 2.5. The Secretary of Transportation or his or her
16 designee.
17 3.6. The president of Enterprise Florida, Inc., or his
18 or her designee, as an ex officio nonvoting member.
19 4.7. The director of the Office of Tourism, Trade, and
20 Economic Development or his or her designee, as an ex officio
21 nonvoting member.
22 (c)1. Participation by the federal agencies having
23 space-related missions in the state will contribute to council
24 effectiveness, and the following installation heads or their
25 designees may serve as official liaisons to the council: the
26 director of the John F. Kennedy Space Center, the Commander of
27 the 45th Space Wing, and the Commander of the Naval Ordnance
28 Test Unit.
29 2. Federal liaison officials may attend and
30 participate in council meetings and deliberations, provide
31
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1 federal-agency views on issues before the council, and present
2 issues of concern and make recommendations to the council.
3 3. The role of federal liaison officials is limited by
4 federal statutes and other constraints, but the determination
5 of this limitation is a federal function.
6 4. The fiduciary responsibility of the official
7 liaisons shall remain at all times with their respective
8 agencies.
9 5. To the extent that the advice or recommendations of
10 the official liaisons are not adopted or incorporated into the
11 final recommendations of the council, the official liaisons
12 may append to such final recommendations their advice,
13 recommendations, or opinions.
14 (4) Each member shall be appointed to serve for a
15 3-year term, beginning July 1. Initial appointments shall be
16 made no later than 60 days after the effective date of this
17 act.
18 (5) The executive board shall hold its initial meeting
19 no later than 30 days after the members have been appointed.
20 The Space Industry Committee shall hold its initial meeting no
21 later than 60 days after the members have been appointed.
22 (6) All council members must be residents of the
23 state.
24 (5)(7) The executive board council shall adopt bylaws
25 governing the manner in which the business of the council
26 shall be conducted. The bylaws shall specify the procedure by
27 which the chairperson of the council is elected.
28 (6)(8) The council shall provide infrastructure and
29 program requirements and develop other information to be
30 utilized in a 5-year spaceport master plan. The council shall
31 define goals and objectives concerning the development of
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1 spaceport facilities and an intermodal transportation system
2 consistent with the goals of the Florida Transportation Plan
3 developed pursuant to s. 339.155.
4 (7)(9) The council shall provide requirements and
5 other information to be utilized in the development of a
6 5-year Spaceport Economic Development Plan, defining the goals
7 and objectives of the council concerning the development of
8 facilities for space manufacturing, research, technology and
9 development, and education educational facilities.
10 (8)(10) The council shall meet at the call of its
11 chair chairperson, at the request of two or more members of
12 the executive board a majority of its membership, or at such
13 times as may be prescribed in its bylaws. However, the council
14 must meet at least semiannually. A majority of voting members
15 of the council constitutes a quorum for the purpose of
16 transacting the business of the council. A majority vote of
17 the majority of the voting members present is sufficient for
18 any action of the council, unless the bylaws of the council
19 require a greater vote for a particular action.
20 Section 19. Paragraph (a) of subsection (2) of section
21 331.368, Florida Statutes, is amended to read:
22 331.368 Florida Space Research Institute.--
23 (2) The institute shall operate as a public/private
24 partnership under the direction of a board composed of:
25 (a) A representative of the Spaceport Florida Space
26 Authority.
27 Section 20. Subsection (2) of section 331.405, Florida
28 Statutes, is amended to read:
29 331.405 Definitions.--As used in this part:
30 (2) "Authority" means the Spaceport Florida Space
31 Authority created by s. 331.302.
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1 Section 21. Section 331.411, Florida Statutes, is
2 amended to read:
3 331.411 Board of directors; powers and duties.--
4 (1) There is created a board of directors of the
5 corporation, which shall consist of up to 7 voting members as
6 follows:
7 (a) One representative appointed by each of the
8 following:
9 1. The board of supervisors of the Spaceport Florida
10 Space Authority.
11 2. The board of directors of the Florida Export
12 Finance Corporation.
13 3. The director of the Office of Tourism, Trade, and
14 Economic Development.
15 4. The board of directors of Enterprise Florida, Inc.
16 5. The Secretary of Transportation.
17 (b) The Governor shall appoint the following members:
18 1. A member representing the investment banking
19 industry.
20 2. An attorney at law in private practice.
21
22 The board shall also include two ex officio nonvoting members,
23 a member of the House of Representatives selected by the
24 Speaker of the House of Representatives, and a member of the
25 Senate selected by the President of the Senate, both of whom
26 shall serve 2-year terms.
27 (2) Each voting member shall serve a 3-year term,
28 beginning on July 1. Members appointed pursuant to paragraph
29 (1)(a) shall serve at the pleasure of the appointing
30 authority. Members appointed pursuant to paragraph (1)(b)
31 shall serve at the pleasure of the Governor. Initial
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1 appointments shall be made no later than 60 days after the
2 effective date of this act.
3 (3)(a) No person appointed pursuant to paragraph
4 (1)(a) may be employed full time by any entity that applies
5 for financial support.
6 (b) The members of the board who are federal employees
7 shall not vote on any financial matter, but may vote on all
8 corporate policies and procedures.
9 (c) All board members must be residents of the state.
10 (4) The board shall hold its initial meeting no later
11 than 30 days after the members have been appointed.
12 (5) At its first meeting, the board shall appoint a
13 president of the corporation from qualified candidates who
14 have been screened and interviewed by the Spaceport Florida
15 Authority.
16 (4)(6) Board members shall serve without compensation
17 but may be reimbursed for all necessary expenses in the
18 performance of their duties, including attending board
19 meetings and conducting board business.
20 (5)(7) The board shall:
21 (a) Prior to the expenditure of funds from the
22 account, adopt bylaws, rules, and policies necessary to carry
23 out its responsibilities under this part, particularly with
24 respect to the implementation of the corporation's programs to
25 insure, coinsure, lend, provide loan guarantees, and make
26 direct, guaranteed, or collateralized loans to support
27 space-related transactions.
28 (b) Hold regularly scheduled meetings, at least
29 quarterly, in order to carry out the objectives and
30 responsibilities of the board.
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1 (c) Adopt policies, including criteria, establishing
2 which space-related transactions shall be eligible for
3 insurance, coinsurance, loan guarantees, and direct,
4 guaranteed, or collateralized loans which may be extended by
5 the corporation. To implement this paragraph, the board shall
6 adopt rules which include the following criteria:
7 1. Any individual signing any corporation loan
8 application and loan or guarantee agreement must have an
9 equity interest in the business applying for financial
10 assistance.
11 2. Applicants must be domiciled in this state and will
12 be contractually obligated to use Florida launch facilities to
13 the maximum extent possible.
14 (d) Adopt requirements to ensure the full repayment of
15 loans and loan guarantees, plus accrued interest,
16 full-recourse claims, and indemnities on direct loan
17 originations sold by the corporation, and the solvency of any
18 insurance and coinsurance program extended under this part.
19 (e) Approve any extension of insurance, coinsurance,
20 loans, loan guarantees, or direct loan originations for sale
21 under this part.
22 (f) Consult with Enterprise Florida, Inc., and its
23 boards, or any state or federal agency, to ensure that their
24 respective loan guarantee or working capital loan origination
25 programs are not duplicative and that each program makes full
26 use, to the extent practicable, of the resources of the other.
27 (g) Work to secure a delegated line of authority from
28 the United States Export-Import Bank or other appropriate
29 federal or state agency or private sector entity in order to
30 take advantage of possible funding or guarantee sources.
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1 (h) Develop a streamlined application and review
2 process.
3 Section 22. Subsection (3) of section 339.137, Florida
4 Statutes, is amended to read:
5 339.137 Transportation Outreach Program (TOP)
6 supporting economic development; administration; definitions;
7 eligible projects; Transportation Outreach Program (TOP)
8 advisory council created; limitations; funding.--
9 (3) Eligible projects include those for planning,
10 designing, acquiring rights-of-way for, or constructing the
11 following:
12 (a) Major highway improvements.
13 1. Florida Intrastate Highway System.
14 2. Feeder roads which provide linkages to major
15 highways.
16 3. Bridges of statewide or regional significance.
17 4. Trade and economic development corridors.
18 5. Access projects for freight and passengers.
19 6. Hurricane evacuation routes.
20 (b) Major public transportation projects.
21 1. Seaport projects which improve cargo and passenger
22 movements.
23 2. Aviation projects which increase passenger
24 enplanements and cargo activity.
25 3. Transit projects which improve mobility on
26 interstate highways, or which improve regional or localized
27 travel.
28 4. Rail projects that facilitate the movement of
29 passengers and cargo including ancillary pedestrian
30 facilities.
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1 5. Spaceport Florida Space Authority projects which
2 improve space transportation capacity and facilities
3 consistent with the provisions of s. 331.360.
4 6. Bicycle and pedestrian facilities that add to or
5 enhance a statewide system of public trails.
6 (c) Highway and bridge projects that facilitate
7 retention and expansion of military installations, or that
8 facilitate reuse and development of any military base
9 designated for closure by the Federal Government.
10 Section 23. Paragraph (a) of subsection (2) of section
11 339.175, Florida Statutes, is amended to read:
12 339.175 Metropolitan planning organization.--It is the
13 intent of the Legislature to encourage and promote the safe
14 and efficient management, operation, and development of
15 surface transportation systems that will serve the mobility
16 needs of people and freight within and through urbanized areas
17 of this state while minimizing transportation-related fuel
18 consumption and air pollution. To accomplish these objectives,
19 metropolitan planning organizations, referred to in this
20 section as M.P.O.'s, shall develop, in cooperation with the
21 state and public transit operators, transportation plans and
22 programs for metropolitan areas. The plans and programs for
23 each metropolitan area must provide for the development and
24 integrated management and operation of transportation systems
25 and facilities, including pedestrian walkways and bicycle
26 transportation facilities that will function as an intermodal
27 transportation system for the metropolitan area, based upon
28 the prevailing principles provided in s. 334.046(1). The
29 process for developing such plans and programs shall provide
30 for consideration of all modes of transportation and shall be
31 continuing, cooperative, and comprehensive, to the degree
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1 appropriate, based on the complexity of the transportation
2 problems to be addressed.
3 (2) VOTING MEMBERSHIP.--
4 (a) The voting membership of an M.P.O. shall consist
5 of not fewer than 5 or more than 19 apportioned members, the
6 exact number to be determined on an equitable
7 geographic-population ratio basis by the Governor, based on an
8 agreement among the affected units of general-purpose local
9 government as required by federal rules and regulations. The
10 Governor, in accordance with 23 U.S.C. s. 134, may also
11 provide for M.P.O. members who represent municipalities to
12 alternate with representatives from other municipalities
13 within the metropolitan planning area that do not have members
14 on the M.P.O. County commission members shall compose not less
15 than one-third of the M.P.O. membership, except for an M.P.O.
16 with more than 15 members located in a county with a
17 five-member county commission or an M.P.O. with 19 members
18 located in a county with no more than 6 county commissioners,
19 in which case county commission members may compose less than
20 one-third percent of the M.P.O. membership, but all county
21 commissioners must be members. All voting members shall be
22 elected officials of general-purpose governments, except that
23 an M.P.O. may include, as part of its apportioned voting
24 members, a member of a statutorily authorized planning board,
25 an official of an agency that operates or administers a major
26 mode of transportation, or an official of the Spaceport
27 Florida Space Authority. The county commission shall compose
28 not less than 20 percent of the M.P.O. membership if an
29 official of an agency that operates or administers a major
30 mode of transportation has been appointed to an M.P.O.
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1 Section 24. Subsections (2), (3), and (7) and
2 paragraph (a) of subsection (6) of section 768.28, Florida
3 Statutes, are amended to read:
4 768.28 Waiver of sovereign immunity in tort actions;
5 recovery limits; limitation on attorney fees; statute of
6 limitations; exclusions; indemnification; risk management
7 programs.--
8 (2) As used in this act, "state agencies or
9 subdivisions" include the executive departments, the
10 Legislature, the judicial branch (including public defenders),
11 and the independent establishments of the state; counties and
12 municipalities; and corporations primarily acting as
13 instrumentalities or agencies of the state, counties, or
14 municipalities, including the Spaceport Florida Space
15 Authority.
16 (3) Except for a municipality and the Spaceport
17 Florida Space Authority, the affected agency or subdivision
18 may, at its discretion, request the assistance of the
19 Department of Insurance in the consideration, adjustment, and
20 settlement of any claim under this act.
21 (6)(a) An action may not be instituted on a claim
22 against the state or one of its agencies or subdivisions
23 unless the claimant presents the claim in writing to the
24 appropriate agency, and also, except as to any claim against a
25 municipality or the Spaceport Florida Space Authority,
26 presents such claim in writing to the Department of Insurance,
27 within 3 years after such claim accrues and the Department of
28 Insurance or the appropriate agency denies the claim in
29 writing; except that, if such claim is for contribution
30 pursuant to s. 768.31, it must be so presented within 6 months
31 after the judgment against the tortfeasor seeking contribution
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1 has become final by lapse of time for appeal or after
2 appellate review or, if there is no such judgment, within 6
3 months after the tortfeasor seeking contribution has either
4 discharged the common liability by payment or agreed, while
5 the action is pending against her or him, to discharge the
6 common liability.
7 (7) In actions brought pursuant to this section,
8 process shall be served upon the head of the agency concerned
9 and also, except as to a defendant municipality or the
10 Spaceport Florida Space Authority, upon the Department of
11 Insurance; and the department or the agency concerned shall
12 have 30 days within which to plead thereto.
13 Section 25. Except as otherwise provided in this act,
14 this act shall take effect upon becoming a law.
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