Florida Senate - 2009                                    SB 1184
       
       
       
       By Senator Altman
       
       
       
       
       24-00436A-09                                          20091184__
    1                        A bill to be entitled                      
    2         An act relating to the Space and Aerospace Catalyst
    3         and Enhancement Program; creating s. 288.1087, F.S.;
    4         providing legislative intent; creating the Space and
    5         Aerospace Catalyst and Enhancement Program in the
    6         Office of Tourism, Trade, and Economic Development;
    7         providing that funds be used to upgrade space-related
    8         infrastructure or business facilities or to enter into
    9         partnerships with applicable businesses on space or
   10         aerospace-related projects; requiring that Space
   11         Florida and its partners provide certain information
   12         in their application to the Office of Tourism, Trade,
   13         and Economic Development; requiring that Space Florida
   14         contract with a nationally recognized consultant to
   15         develop an economic impact assessment model that
   16         evaluates the costs, benefits, useful life, and other
   17         relevant factors related to space and aerospace
   18         projects; requiring that the model be available to
   19         Space Florida by a specified date; providing for the
   20         criteria that a project must meet to receive funding;
   21         providing for the waiver of such criteria; requiring
   22         that the director of the Office of Tourism, Trade, and
   23         Economic Development recommend approval or disapproval
   24         of a proposed project; requiring that the
   25         recommendation be sent to the Governor; providing that
   26         the Governor consult with the President of the Senate
   27         and the Speaker of the House of Representatives before
   28         giving final approval; providing that the Legislative
   29         Budget Commission review a project that has received
   30         final approval before releasing the funds; requiring
   31         that the director of the Office of Tourism, Trade, and
   32         Economic Development and the recipient of the funds
   33         enter into a contract containing certain conditions;
   34         requiring that Space Florida compile and include
   35         information relating to each project in its annual
   36         report; providing an effective date.
   37         
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40  Section 1. Section 288.1087, Florida Statutes, is created to
   41  read:
   42         288.1087Space and Aerospace Catalyst and Enhancement
   43  Program.—
   44         (1)(a)The Legislature finds that attracting, retaining,
   45  entering into partnerships with, and providing favorable
   46  conditions for space and aerospace entrepreneurial endeavors is
   47  necessary to provide widespread economic benefits to the state.
   48  The Legislature also finds that public investment in the space
   49  and aerospace industries will provide high-quality employment
   50  opportunities for the residents of the state, increase the
   51  overall tax base, invigorate the state's entrepreneurial climate
   52  through the resulting business and employment opportunities, and
   53  stimulate and enhance the state's universities and community
   54  colleges. Further, the Legislature finds that international
   55  competition exists for space and aerospace infrastructure,
   56  facilities, and business opportunities, and in most instances,
   57  when all available resources for economic development have been
   58  used, the state encounters competitive disadvantages. The
   59  Legislature finds that business incentives create a competitive
   60  environment for space and aerospace businesses to make it
   61  feasible for private investors to provide infrastructure in
   62  those areas.
   63         (b)The Legislature, therefore, declares that sufficient
   64  resources shall be made available to respond to extraordinary
   65  economic opportunities in the space and aerospace business
   66  sectors, to address the need for space and aerospace business
   67  facilities and infrastructure, and to compete for key space and
   68  aerospace businesses interested in entering into partnerships
   69  with the state.
   70         (2)There is created in the Office of Tourism, Trade, and
   71  Economic Development the Space and Aerospace Catalyst and
   72  Enhancement Program that shall be available to Space Florida.
   73  The moneys appropriated for the program shall be used to provide
   74  or upgrade space-related infrastructure or business facilities
   75  and to compete for key space and aerospace-associated businesses
   76  interested in entering into partnerships with the state. The
   77  moneys shall be distributed to Space Florida once the conditions
   78  specified in subsection (5) are met.
   79         (3)Space Florida and its partners shall submit to the
   80  Office of Tourism, Trade, and Economic Development a joint
   81  application detailing their proposed project. The application
   82  shall include the following information:
   83         (a)A description of the type of space and aerospace
   84  infrastructure project, its operations, and the product or
   85  services associated with the facility.
   86         (b)The number of full-time equivalent jobs that will be
   87  created by the space and aerospace infrastructure project, the
   88  total estimated average annual wages of those jobs, and the
   89  types of business activities and jobs stimulated by the
   90  investment.
   91         (c)The cumulative amount of investment of public and, if
   92  applicable, private funds that will be dedicated to the project
   93  within a specified period.
   94         (d)A description of the stimulating effect that the
   95  project is expected to have on a particular business sector in
   96  the state or regional economy or on the state's universities and
   97  community colleges.
   98         (e)A statement of how the public investment is expected to
   99  affect the applicant's decision to locate or expand its business
  100  in the state.
  101         (f)If Space Florida is entering into a public-private
  102  partnership with a space-related business entity, a financial
  103  analysis of the entity, including an evaluation of the entity's
  104  short-term liquidity ratio as measured by its assets to
  105  liability, the entity's profitability ratio, the entity's long
  106  term solvency as measured by its debt-to-equity ratio, and the
  107  entity's most recent financial audit statement and the related
  108  auditor's management letter.
  109         (4)Space Florida shall enter into a contract with a
  110  nationally recognized economic consultant to develop an economic
  111  impact assessment model that evaluates the costs, benefits,
  112  useful life, and other relevant factors related to space and
  113  aerospace projects. The model must be available for use by Space
  114  Florida no later than December 31, 2009.
  115         (5)In order to receive funds through the Space and
  116  Aerospace Catalyst and Enhancement Program, a project must:
  117         (a)Assist Space Florida in carrying out its
  118  responsibilities under part II of chapter 331;
  119         (b)Create the potential for or retain existing high
  120  quality, high-salary jobs in the space and aerospace industries
  121  in the state;
  122         (c)Have a potential positive payback ratio of at least 5
  123  to 1;
  124         (d)Be an inducement to the project's location or expansion
  125  in the state;
  126         (e)Be supported by the local community in which the
  127  project is located;
  128         (f)If a public-private partnership, include a match to the
  129  state investment; and
  130         (g)Have undergone the economic analysis in subsection (4).
  131         (6)The Office of Tourism, Trade, and Economic Development
  132  may waive the criteria specified in subsection (5) based on
  133  extraordinary circumstances and if the project would
  134  significantly benefit the local or regional economy.
  135         (7)(a)After receiving the application and the economic
  136  impact assessment, the director of the Office of Tourism, Trade,
  137  and Economic Development, in consultation with Space Florida,
  138  shall recommend the approval or disapproval of each proposed
  139  project. The recommendation must include performance conditions
  140  that the project must meet in order to obtain funding.
  141         (b)The director's recommendation approving a project shall
  142  be sent to the Governor, who shall further evaluate the project.
  143  The Governor shall consult with the President of the Senate and
  144  the Speaker of the House of Representatives before giving a
  145  project final approval.
  146         (c)The Executive Office of the Governor shall present an
  147  approved project and the funding request for the project to the
  148  Legislative Budget Commission, which shall conduct its review
  149  and release the funds pursuant to the legislative consultation
  150  and review requirements set forth in s. 216.177.
  151         (d)After receiving final approval for a project, the
  152  director of the Office of Tourism, Trade, and Economic
  153  Development and the recipient shall enter into a contract that
  154  sets forth the conditions for receiving moneys for the project.
  155  The contract must include the total amount of funds awarded, the
  156  performance conditions that must be met in order to obtain the
  157  award, a baseline of current service and a measure of enhanced
  158  capability, the methodology for validating performance, the
  159  schedule of payments, and sanctions for failure to meet
  160  performance conditions. The contract must state that payment is
  161  contingent upon sufficient appropriation of funds by the
  162  Legislature and upon sufficient release of appropriated funds by
  163  the Legislative Budget Commission.
  164         (8)Space Florida shall compile information about each
  165  project that is funded through the Space and Aerospace Catalyst
  166  and Enhancement Program and include the information in its
  167  annual report.
  168         Section 2. This act shall take effect July 1, 2009.