| 1 | A bill to be entitled |
| 2 | An act relating to aerospace; creating s. 196.1999, F.S.; |
| 3 | providing for an exemption from ad valorem taxes for |
| 4 | certain space laboratories and cargo carriers; creating |
| 5 | ss. 331.501, 331.502, 331.503, 331.504, 331.505, 331.506, |
| 6 | and 331.507, F.S.; providing a popular name; creating the |
| 7 | Florida Aerospace Infrastructure Act; providing |
| 8 | legislative findings and intent; providing definitions; |
| 9 | creating the Florida Aerospace Infrastructure Investment |
| 10 | Program within the Florida Aerospace Finance Corporation; |
| 11 | providing purposes; providing for funding the program; |
| 12 | requiring the corporation to administer the program; |
| 13 | providing requirements; providing the corporation with |
| 14 | investment authorizations, criteria, requirements, and |
| 15 | limitations; creating the Independent Investment Committee |
| 16 | within the corporation; providing purposes of the |
| 17 | committee; providing for appointment of committee members |
| 18 | and criteria; providing for terms; requiring members to |
| 19 | serve without compensation; providing for per diem and |
| 20 | travel expenses; providing committee responsibilities; |
| 21 | specifying tax-exempt status of the corporation; exempting |
| 22 | the corporation from all state and local taxes; providing |
| 23 | an exception; requiring the corporation to prepare and |
| 24 | submit annual reports; providing an effective date. |
| 25 |
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| 26 | Be It Enacted by the Legislature of the State of Florida: |
| 27 |
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| 28 | Section 1. Section 196.1999, Florida Statutes, is created |
| 29 | to read: |
| 30 | 196.1999 Space laboratories and cargo carriers |
| 31 | exemption.-- |
| 32 | (1) Notwithstanding other provisions of this chapter, |
| 33 | modules, pallets, racks, lockers, and their necessary associated |
| 34 | hardware and subsystems owned by any person and intended for use |
| 35 | as space laboratories launched into space aboard any private or |
| 36 | government-developed launch vehicle for carrying passengers into |
| 37 | space or for the primary purpose of conducting scientific |
| 38 | research in space or for use as cargo carriers launched into |
| 39 | space aboard any private or government-developed launch vehicle |
| 40 | for the primary purpose of transporting personnel or storing |
| 41 | cargo and payloads are deemed to carry out a scientific purpose |
| 42 | and are exempt from ad valorem taxation. |
| 43 | (2) This section is repealed July 1, 2015. |
| 44 | Section 2. Sections 331.501, 331.502, 331.503, 331.504, |
| 45 | 331.505, 331.506, and 331.507, Florida Statutes, are created to |
| 46 | read: |
| 47 | 331.501 Florida Aerospace Infrastructure Act; popular |
| 48 | name.--Sections 331.501-331.507 may be cited as the "Florida |
| 49 | Aerospace Infrastructure Act." |
| 50 | 331.502 Legislative findings and intent.--The Legislature |
| 51 | finds that there is a critical need for capital assistance to |
| 52 | aerospace business expansion and economic development |
| 53 | opportunities in this state, as well as enhancing the financing |
| 54 | of needed new aerospace infrastructure in this state. The |
| 55 | aerospace industry in this state could be assisted by a program |
| 56 | established to invest in projects proposed by state and private |
| 57 | sector entities which provide a clear economic benefit to the |
| 58 | state and which support the growth of the employment and |
| 59 | technology base of the aerospace industry in this state. It is |
| 60 | the intention of the Legislature to provide much needed funding |
| 61 | to support the growth of the aerospace industry and related high |
| 62 | technology industry in this state. |
| 63 | 331.503 Definitions.--For the purposes of ss. 331.501- |
| 64 | 331.501-331.507, the term: |
| 65 | (1) "Aerospace industry" means the industry concerned with |
| 66 | the design and manufacture of aircraft, rockets, missiles, |
| 67 | spacecraft, satellites, space vehicles, space stations, or space |
| 68 | facilities, or components thereof, and equipment, systems, |
| 69 | facilities, simulators, programs, and activities related |
| 70 | thereto. |
| 71 | (2) "Board" means the governing board of the Florida |
| 72 | Aerospace Finance Corporation. |
| 73 | (3) "Committee" means the Independent Investment Committee |
| 74 | created in s. 331.505 to provide investment recommendations to |
| 75 | the corporation for implementation. |
| 76 | (4) "Corporation" means the Florida Aerospace Finance |
| 77 | Corporation created by s. 331.407. |
| 78 | (5) "Dealer" means an entity conducting business at a |
| 79 | fixed location at the Kennedy Space Center or the Cape Canaveral |
| 80 | Air Force Station that sells admissions to attractions or tours |
| 81 | at such facility pursuant to a contract or subcontract with the |
| 82 | National Aeronautics and Space Administration. |
| 83 | (6) "Program" means the Florida Aerospace Infrastructure |
| 84 | Program created in s. 331.504. |
| 85 | 331.504 Florida Aerospace Infrastructure Program.-- |
| 86 | (1) The Florida Aerospace Infrastructure Program is |
| 87 | created within the Florida Aerospace Finance Corporation to |
| 88 | finance needed industry expansion and infrastructure projects |
| 89 | which may be proposed by the state's space partnerships, the |
| 90 | aerospace industry, or the sponsor of any aerospace-related |
| 91 | economic development or technology investment activity involving |
| 92 | aerospace business expansion and job retention. The program |
| 93 | shall support the growth of the aerospace industry and related |
| 94 | high technology industries in this state. |
| 95 | (2) Grants from the Florida Aerospace Infrastructure |
| 96 | Investment Trust Fund, if established by law, shall be used to |
| 97 | fund the program. |
| 98 | (3) The corporation shall administer the program with |
| 99 | recommendations from the committee, subject to adequate due |
| 100 | diligence and adherence to investment policies and procedures of |
| 101 | the corporation. |
| 102 | (4) The corporation shall ensure that: |
| 103 | (a) Investment recommendations are implemented in |
| 104 | accordance with the board's policies and procedures. |
| 105 | (b) An investment reserve account for future investment |
| 106 | requirements is established to receive deposits from the Office |
| 107 | of Tourism, Trade, and Economic Development. |
| 108 | (c) The portfolio of the fund is monitored and a quarterly |
| 109 | report is provided to the committee, the corporation, Enterprise |
| 110 | Florida, Inc., and the Office of Tourism, Trade, and Economic |
| 111 | Development. |
| 112 | (5)(a) The corporation may provide direct loans, loan |
| 113 | guarantees, direct grants for advancement of intellectual |
| 114 | property, and other investment participation as necessary to |
| 115 | ensure success of total financings undertaken. |
| 116 | (b) Investment proposals may not be made for operating |
| 117 | expenses for any state activity, but shall be directed to the |
| 118 | development of aerospace infrastructure, technology, and |
| 119 | intellectual property that advances the capabilities of the |
| 120 | aerospace industry in this state. |
| 121 | (c) The corporation shall seek co-investors in any |
| 122 | investment transaction the corporation makes, ensuring that the |
| 123 | corporation is not the sole investor in the transaction. The |
| 124 | corporation may waive this provision if investment circumstances |
| 125 | warrant such waiver. |
| 126 | (d) The corporation shall not commit more than 20 percent |
| 127 | of the funds in the investment pool to any single investment. |
| 128 | (e) The corporation shall endeavor to leverage the |
| 129 | investment pool through use of loan guarantee capabilities of |
| 130 | the Small Business Administration and other state and federal |
| 131 | guarantee sources. |
| 132 | (f) The corporation shall be reimbursed for reasonable |
| 133 | costs of investment and fund administration, including legal, |
| 134 | accounting, and other costs necessary to carry out its |
| 135 | responsibilities in conducting due diligence and which are not |
| 136 | otherwise reimbursed by the companies seeking or receiving |
| 137 | investment, as well as those administrative costs incurred by |
| 138 | the corporation in providing administrative services to the |
| 139 | committee. |
| 140 | (g) The corporation may not pledge or represent that the |
| 141 | corporation is authorized to pledge the full faith and credit of |
| 142 | the state. |
| 143 | (h) The corporation shall adopt policies and procedures |
| 144 | necessary to carry out its responsibilities under ss. 331.501- |
| 145 | 331.507, particularly with respect to the fund's |
| 146 | responsibilities in direct lending, loan support, or direct |
| 147 | grant or capital investment for projects approved for support by |
| 148 | the fund. These policies shall be adopted prior to the |
| 149 | expenditure of funds from grants for the program by the Office |
| 150 | of Tourism, Trade, and Economic Development. |
| 151 | (i) The corporation shall develop an application and |
| 152 | review process for investment proposals submitted for |
| 153 | consideration by the committee. |
| 154 | (j) The corporation shall ensure that the program is open |
| 155 | to aerospace entities that are domiciled in this state or are |
| 156 | establishing facilities and infrastructure in the state |
| 157 | resulting in employment and economic benefit to this state. |
| 158 | 331.505 Independent Investment Committee.-- |
| 159 | (1) The Independent Investment Committee is created within |
| 160 | the Florida Aerospace Finance Corporation. |
| 161 | (2) The purpose of the committee is to receive proposals |
| 162 | from any of this state's space partnerships, entities involved |
| 163 | in economic development activities, or Florida-based aerospace |
| 164 | corporations to finance projects through the program, as well as |
| 165 | to recommend criteria for investment proposals to be submitted |
| 166 | to the committee, recommend evaluation criteria for the |
| 167 | committee, and review and recommend investments to be made |
| 168 | through the program by the corporation. |
| 169 | (3)(a) The committee shall consist of five voting members |
| 170 | as follows: |
| 171 | 1. One representative or designee appointed by each of the |
| 172 | following: |
| 173 | a. The board of supervisors of the Florida Space |
| 174 | Authority. |
| 175 | b. The board of directors of Enterprise Florida, Inc. |
| 176 | c. The board of directors of the Florida Aerospace Finance |
| 177 | Corporation. |
| 178 | 2. Two representatives of the aerospace industry appointed |
| 179 | by the other three entities represented on the committee. |
| 180 | (b) Each voting member shall serve a 3-year term and, |
| 181 | except for the initial terms which shall begin upon appointment |
| 182 | and terminate on June 30, 2008, shall begin on July 1. Members |
| 183 | appointed pursuant to subparagraph (a)1. shall serve at the |
| 184 | pleasure of the appointing authority. Members appointed pursuant |
| 185 | to subparagraph (a)2. shall serve at the pleasure of the |
| 186 | Governor. Initial appointments shall be made no later than 60 |
| 187 | days after July 1, 2005. |
| 188 | (c) Persons appointed pursuant to paragraph (a), if |
| 189 | employed full time by any entity that applies for financial |
| 190 | support, must disclose their related interest and recuse |
| 191 | themselves from voting on that project. |
| 192 | (d) All members must be residents of the state. |
| 193 | (e) All members must have an investment, banking, or |
| 194 | aerospace industry background. |
| 195 | (f) Committee members shall serve without compensation but |
| 196 | may be reimbursed for travel and per diem expenses in accordance |
| 197 | with policies and procedures established by the corporation's |
| 198 | board and s. 112.061, for reimbursement of necessary expenses in |
| 199 | the performance of their duties, including attending board |
| 200 | meetings and conducting board business. |
| 201 | (4) The committee shall: |
| 202 | (a) Review and recommend investments in projects proposed |
| 203 | by state space partnerships, economic development organizations, |
| 204 | and private sector entities which have a clear economic benefit |
| 205 | to the state and which support growth of its aerospace industry |
| 206 | employment and technology base as well as enhancing aerospace |
| 207 | infrastructure projects in this state. |
| 208 | (b) Review progress information reports resulting from |
| 209 | projects approved for support by the corporation. |
| 210 | (c) Recommend and assist the corporation to review, draft, |
| 211 | and execute any and all contracts or other instruments necessary |
| 212 | for the corporation to exercise its powers. |
| 213 | (d) Recommend policies and procedures with respect to |
| 214 | setting criteria for investment proposals to be submitted to the |
| 215 | fund, evaluation criteria for the fund, monitoring requirements, |
| 216 | and investment and approval guidelines for all investments to be |
| 217 | made through the program. |
| 218 | (e) Ensure that each proposed project is judged on the |
| 219 | merit of the project, its perceived need, and the investment |
| 220 | return, benefit, or overall value to the aerospace industry |
| 221 | capability in this state. |
| 222 | (f) Assess, as part of its recommendation process, whether |
| 223 | investment returns or value and capital preservation objectives |
| 224 | exist for each recommended investment. |
| 225 | (g) Review whether appropriate investment and retention of |
| 226 | the program's capital base or other benefits are realized |
| 227 | through the investments of the program, except in the case of a |
| 228 | grant or equity investment, which shall be made based on value |
| 229 | received by the program. |
| 230 | 331.506 Florida Aerospace Finance Corporation; tax-exempt |
| 231 | status.--The Florida Aerospace Finance Corporation, as created |
| 232 | by s. 331.407, is granted tax-exempt status. The corporation is |
| 233 | not required to pay taxes on any project or other property owned |
| 234 | by the corporation or upon any resulting income. All notes, |
| 235 | mortgages, security agreements, letters of credit, or other |
| 236 | instruments that arise out of or are given to secure the payment |
| 237 | of debt issued in conjunction with a project financed under the |
| 238 | corporation's authority are also free from taxation by the state |
| 239 | or any other local unit, political subdivision, or |
| 240 | instrumentality of the state. The tax exemption granted is not |
| 241 | applicable to taxes imposed on interest, income, or profits on |
| 242 | debt obligations owned by the corporation. |
| 243 | 331.507 Annual report.--By December 31 of each year, the |
| 244 | corporation shall submit to the Governor, the President of the |
| 245 | Senate, the Speaker of the House of Representatives, the Senate |
| 246 | Minority Leader, and the House Minority Leader a complete and |
| 247 | detailed report in accordance with s. 331.419 and setting forth: |
| 248 | (1) An evaluation of its activities and recommendations |
| 249 | for change. |
| 250 | (2) The program's impact on the participation of private |
| 251 | banks and other private organizations and individuals in the |
| 252 | corporation's financing programs, and other economic and social |
| 253 | benefits to businesses in this state. |
| 254 | (3) The program's assets and liabilities at the end of its |
| 255 | most recent fiscal year. |
| 256 | Section 3. This act shall take effect July 1, 2005. |