| 1 | A bill to be entitled |
| 2 | An act relating to space and aerospace infrastructure; |
| 3 | providing a short title; amending s. 288.1088, F.S.; |
| 4 | providing legislative findings; authorizing the use of a |
| 5 | specified amount of resources for projects to retain or |
| 6 | create high-technology jobs directly associated with |
| 7 | developing a more diverse aerospace economy in the state; |
| 8 | authorizing Enterprise Florida, Inc., to waive eligibility |
| 9 | criteria for projects receiving funds from the Quick |
| 10 | Action Closing Fund which would mitigate the impact of the |
| 11 | conclusion of the space shuttle program; creating s. |
| 12 | 331.370, F.S.; providing legislative findings; requiring |
| 13 | the president of Space Florida to develop a strategy and |
| 14 | plan for the management and goals for the Space Business |
| 15 | Investment and Financial Services Trust Fund; providing |
| 16 | requirements for the strategy and plan; requiring Space |
| 17 | Florida's board of directors to adopt procedures for the |
| 18 | approval of all proposed expenditures and investments from |
| 19 | the fund; requiring the president of Space Florida to |
| 20 | submit a quarterly financial report on the use and status |
| 21 | of the fund to the Office of Tourism, Trade, and Economic |
| 22 | Development within the Executive Office of the Governor; |
| 23 | requiring Space Florida to submit an annual report to the |
| 24 | Governor and the Legislature; revising authorized uses of |
| 25 | specified Space Florida appropriations; providing |
| 26 | appropriations; providing a contingent effective date. |
| 27 |
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| 28 | WHEREAS, Florida has been the nation's leading space launch |
| 29 | site for human exploration, national defense, and commercial |
| 30 | missions, and |
| 31 | WHEREAS, space exploration and enterprises are a critical |
| 32 | component of Florida's economy and have provided high-value |
| 33 | employment opportunities for 50 years, and |
| 34 | WHEREAS, the facilities at the John F. Kennedy Space Center |
| 35 | and the Cape Canaveral Air Force Station in Florida provide |
| 36 | significant recurring state revenue, and |
| 37 | WHEREAS, the nation's program for space exploration and the |
| 38 | new exploration initiative of the National Aeronautics and Space |
| 39 | Administration (NASA) will result in the end of the space |
| 40 | shuttle program and the development of new vehicles and |
| 41 | missions, and will also create a gap in NASA's ability to send |
| 42 | humans to space, and |
| 43 | WHEREAS, this gap will have a major impact on jobs, the |
| 44 | economy, and critical skill retention, and there is not any |
| 45 | single program, company, or initiative that can offset the |
| 46 | shuttle program's termination, and |
| 47 | WHEREAS, the structure and timing of the new human space |
| 48 | flight program will be decided by the President and Congress, |
| 49 | and |
| 50 | WHEREAS, Florida's space workforce and facilities are |
| 51 | unique national assets that should be preserved and |
| 52 | strengthened, and |
| 53 | WHEREAS, new opportunities are emerging for this workforce |
| 54 | and industry which include commercial launch systems, heavy-lift |
| 55 | vehicles, microgravity research, and space-enabled commercial |
| 56 | applications, and |
| 57 | WHEREAS, during this generational transition, the state |
| 58 | must aggressively pursue new programs, diversify its space |
| 59 | industry by recruiting and growing new enterprises, renew its |
| 60 | facility and technology base, strengthen and focus research and |
| 61 | technology development, and re-deploy the space shuttle |
| 62 | workforce in new 21st Century endeavors, and |
| 63 | WHEREAS, the state has a significant interest in |
| 64 | establishing new and strengthened space enterprises to mitigate |
| 65 | the impact of the conclusion of the space shuttle program and to |
| 66 | serve as a foundation for new, broad, statewide opportunities |
| 67 | for commerce and discovery in this century, and |
| 68 | WHEREAS, sustained and dedicated resources are needed to |
| 69 | accomplish this transition, and |
| 70 | WHEREAS, in order to attract and influence aerospace |
| 71 | programs and companies in their earliest stages of development, |
| 72 | the Legislature must ensure the availability of facilities, |
| 73 | investment capital, business services, and a trained workforce, |
| 74 | and |
| 75 | WHEREAS, to ensure the existence of this capability during |
| 76 | this transition and to promote a longer-term strategic approach, |
| 77 | the Legislature deems it is in the state's interest to establish |
| 78 | dedicated revenue and investment streams for a 5-year period to |
| 79 | accomplish a successful transition and revitalization of the |
| 80 | aerospace industry, NOW, THEREFORE, |
| 81 |
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| 82 | Be It Enacted by the Legislature of the State of Florida: |
| 83 |
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| 84 | Section 1. This act may be cited as the "Space Transition |
| 85 | and Revitalization Act." |
| 86 | Section 2. Section 288.1088, Florida Statutes, is amended |
| 87 | to read: |
| 88 | 288.1088 Quick Action Closing Fund.- |
| 89 | (1)(a) The Legislature finds that attracting, retaining, |
| 90 | and providing favorable conditions for the growth of certain |
| 91 | high-impact business facilities, privately developed critical |
| 92 | rural infrastructure, or key facilities in economically |
| 93 | distressed urban or rural communities which provide widespread |
| 94 | economic benefits to the public through high-quality employment |
| 95 | opportunities in such facilities or in related facilities |
| 96 | attracted to the state, through the increased tax base provided |
| 97 | by the high-impact facility and related businesses, through an |
| 98 | enhanced entrepreneurial climate in the state and the resulting |
| 99 | business and employment opportunities, and through the |
| 100 | stimulation and enhancement of the state's universities and |
| 101 | community colleges. In the global economy, there exists serious |
| 102 | and fierce international competition for these facilities, and |
| 103 | in most instances, when all available resources for economic |
| 104 | development have been used, the state continues to encounter |
| 105 | severe competitive disadvantages in vying for these business |
| 106 | facilities. Florida's rural areas must provide a competitive |
| 107 | environment for business in the information age. This often |
| 108 | requires an incentive to make it feasible for private investors |
| 109 | to provide infrastructure in those areas. |
| 110 | (b) The Legislature finds that the conclusion of the space |
| 111 | shuttle program and the gap in civil human space flight will |
| 112 | result in significant job losses that will negatively impact |
| 113 | families, companies, the state and regional economies, and the |
| 114 | capability level of this state's aerospace workforce. Thus, the |
| 115 | Legislature also finds that this loss of jobs is a matter of |
| 116 | state interest and great public importance. The Legislature |
| 117 | further finds that it is in the state's interest for provisions |
| 118 | to be made in incentive programs for economic development to |
| 119 | maximize the state's ability to mitigate these impacts and to |
| 120 | develop a more diverse aerospace economy. |
| 121 | (c)(b) The Legislature therefore declares that sufficient |
| 122 | resources shall be available to respond to extraordinary |
| 123 | economic opportunities and to compete effectively for these |
| 124 | high-impact business facilities, critical private infrastructure |
| 125 | in rural areas, and key businesses in economically distressed |
| 126 | urban or rural communities, and that up to 20 percent of these |
| 127 | resources may be used for projects to retain or create high- |
| 128 | technology jobs that are directly associated with developing a |
| 129 | more diverse aerospace economy in this state. |
| 130 | (2) There is created within the Office of Tourism, Trade, |
| 131 | and Economic Development the Quick Action Closing Fund. Projects |
| 132 | eligible for receipt of funds from the Quick Action Closing Fund |
| 133 | shall: |
| 134 | (a) Be in an industry as referenced in s. 288.106. |
| 135 | (b) Have a positive payback ratio of at least 5 to 1. |
| 136 | (c) Be an inducement to the project's location or |
| 137 | expansion in the state. |
| 138 | (d) Pay an average annual wage of at least 125 percent of |
| 139 | the areawide or statewide private sector average wage. |
| 140 | (e) Be supported by the local community in which the |
| 141 | project is to be located. |
| 142 | (3)(a) Enterprise Florida, Inc., shall review applications |
| 143 | pursuant to s. 288.061 and determine the eligibility of each |
| 144 | project consistent with the criteria in subsection (2). |
| 145 | Enterprise Florida, Inc., in consultation with the Office of |
| 146 | Tourism, Trade, and Economic Development, may waive these |
| 147 | criteria: |
| 148 | 1. Based on extraordinary circumstances; |
| 149 | 2. In order to mitigate the impact of the conclusion of |
| 150 | the space shuttle program; or |
| 151 | 3. In rural areas of critical economic concern if the |
| 152 | project would significantly benefit the local or regional |
| 153 | economy. |
| 154 | (b) Enterprise Florida, Inc., shall evaluate individual |
| 155 | proposals for high-impact business facilities and forward |
| 156 | recommendations regarding the use of moneys in the fund for such |
| 157 | facilities to the director of the Office of Tourism, Trade, and |
| 158 | Economic Development. Such evaluation and recommendation must |
| 159 | include, but need not be limited to: |
| 160 | 1. A description of the type of facility or |
| 161 | infrastructure, its operations, and the associated product or |
| 162 | service associated with the facility. |
| 163 | 2. The number of full-time-equivalent jobs that will be |
| 164 | created by the facility and the total estimated average annual |
| 165 | wages of those jobs or, in the case of privately developed rural |
| 166 | infrastructure, the types of business activities and jobs |
| 167 | stimulated by the investment. |
| 168 | 3. The cumulative amount of investment to be dedicated to |
| 169 | the facility within a specified period. |
| 170 | 4. A statement of any special impacts the facility is |
| 171 | expected to stimulate in a particular business sector in the |
| 172 | state or regional economy or in the state's universities and |
| 173 | community colleges. |
| 174 | 5. A statement of the role the incentive is expected to |
| 175 | play in the decision of the applicant business to locate or |
| 176 | expand in this state or for the private investor to provide |
| 177 | critical rural infrastructure. |
| 178 | 6. A report evaluating the quality and value of the |
| 179 | company submitting a proposal. The report must include: |
| 180 | a. A financial analysis of the company, including an |
| 181 | evaluation of the company's short-term liquidity ratio as |
| 182 | measured by its assets to liability, the company's profitability |
| 183 | ratio, and the company's long-term solvency as measured by its |
| 184 | debt-to-equity ratio; |
| 185 | b. The historical market performance of the company; |
| 186 | c. A review of any independent evaluations of the company; |
| 187 | d. A review of the latest audit of the company's financial |
| 188 | statement and the related auditor's management letter; and |
| 189 | e. A review of any other types of audits that are related |
| 190 | to the internal and management controls of the company. |
| 191 | (c)(b) Within 22 calendar days after receiving the |
| 192 | evaluation and recommendation from Enterprise Florida, Inc., the |
| 193 | director shall recommend to the Governor approval or disapproval |
| 194 | of a project for receipt of funds from the Quick Action Closing |
| 195 | Fund. In recommending a project, the director shall include |
| 196 | proposed performance conditions that the project must meet to |
| 197 | obtain incentive funds. The Governor shall provide the |
| 198 | evaluation of projects recommended for approval to the President |
| 199 | of the Senate and the Speaker of the House of Representatives |
| 200 | and consult with the President of the Senate and the Speaker of |
| 201 | the House of Representatives before giving final approval for a |
| 202 | project. The Executive Office of the Governor shall recommend |
| 203 | approval of a project and the release of funds pursuant to the |
| 204 | legislative consultation and review requirements set forth in s. |
| 205 | 216.177. The recommendation must include proposed performance |
| 206 | conditions that the project must meet in order to obtain funds. |
| 207 | (d)(c) Upon the approval of the Governor, the director of |
| 208 | the Office of Tourism, Trade, and Economic Development and the |
| 209 | business shall enter into a contract that sets forth the |
| 210 | conditions for payment of moneys from the fund. The contract |
| 211 | must include the total amount of funds awarded; the performance |
| 212 | conditions that must be met to obtain the award, including, but |
| 213 | not limited to, net new employment in the state, average salary, |
| 214 | and total capital investment; demonstrate a baseline of current |
| 215 | service and a measure of enhanced capability; the methodology |
| 216 | for validating performance; the schedule of payments from the |
| 217 | fund; and sanctions for failure to meet performance conditions. |
| 218 | The contract must provide that payment of moneys from the fund |
| 219 | is contingent upon sufficient appropriation of funds by the |
| 220 | Legislature and upon sufficient release of appropriated funds by |
| 221 | the Legislative Budget Commission. |
| 222 | (e)(d) Enterprise Florida, Inc., shall validate contractor |
| 223 | performance. Such validation shall be reported within 6 months |
| 224 | after completion of the contract to the Governor, President of |
| 225 | the Senate, and the Speaker of the House of Representatives. |
| 226 | Section 3. Section 331.370, Florida Statutes, is created |
| 227 | to read: |
| 228 | 331.370 Space Business Investment and Financial Services |
| 229 | Initiative.- |
| 230 | (1) The Legislature finds that there is a critical need |
| 231 | for capital assistance and financing services for aerospace |
| 232 | business expansion, economic development, and infrastructure |
| 233 | financing within the state. The Legislature further finds that |
| 234 | it is in the state's economic interest to provide initial |
| 235 | investment funding and to establish dedicated investment funding |
| 236 | during the period of transition from the space shuttle program |
| 237 | to provide financial and investment services consistent with the |
| 238 | powers and duties of the Space Florida Act to new and expanding |
| 239 | aerospace and space-enabled businesses, programs, and projects |
| 240 | in order to offset job losses and promote economic growth. |
| 241 | (2) The president of Space Florida shall develop a 5-year |
| 242 | strategy and plan for the management and goals of the Space |
| 243 | Business Investment and Financial Services Trust Fund, which |
| 244 | must be submitted to the board of directors and approved before |
| 245 | any investment or expenditure is made. This strategy and plan |
| 246 | must be updated and approved annually by the board of directors, |
| 247 | and included in the financing assistance plan established in s. |
| 248 | 331.305(6). The board of directors may adopt procedures and |
| 249 | rules for the approval of all proposed expenditures and |
| 250 | investments from this fund. The president of Space Florida shall |
| 251 | submit a quarterly financial report on the use and status of the |
| 252 | fund to the Office of Tourism, Trade, and Economic Development |
| 253 | within the Executive Office of the Governor. Beginning January |
| 254 | 1, 2011, and every year thereafter, Space Florida shall submit |
| 255 | to the Governor, the President of the Senate, and the Speaker of |
| 256 | the House of Representatives a report summarizing the activities |
| 257 | and accomplishments of the recipients of assistance from the |
| 258 | Space Business Investment and Financial Services Trust Fund |
| 259 | during the previous 12 months. |
| 260 | Section 4. Funds in Specific Appropriation 2649 of chapter |
| 261 | 2008-152, Laws of Florida, which were provided for Space and |
| 262 | Aerospace Infrastructure to make improvements to Launch Complex |
| 263 | 36 on the 45th Space Wing property, may also be used for |
| 264 | improvements to other launch complexes and space transportation |
| 265 | facilities in order to attract new space vehicle testing and |
| 266 | launch business to the state; to address intermodal requirements |
| 267 | and impacts of the launch ranges, spaceports, and other space |
| 268 | transportation facilities; and to assist in the development of |
| 269 | joint-use facilities and technology that support aviation and |
| 270 | aerospace operations, including high-altitude and suborbital |
| 271 | flights and range technology development. |
| 272 | Section 5. There is appropriated for the 2010-2011 state |
| 273 | fiscal year to the Office of Tourism, Trade, and Economic |
| 274 | Development within the Executive Office of the Governor the sum |
| 275 | of $10 million of nonrecurring funds from the General Revenue |
| 276 | Fund to establish and provide initial funding for the Space |
| 277 | Business Investment and Financial Services Trust Fund. |
| 278 | Notwithstanding s. 216.301, Florida Statutes, and pursuant to s. |
| 279 | 216.351, Florida Statutes, any remaining funds from this |
| 280 | appropriation as of June 30, 2011, shall remain in the trust |
| 281 | fund and be available for carrying out the purposes of the trust |
| 282 | fund. |
| 283 | Section 6. There is appropriated for the 2010-2011 state |
| 284 | fiscal year the sum of $3 million in nonrecurring general |
| 285 | revenue to Space Florida for the exclusive purpose of providing |
| 286 | targeted business-development support services and business |
| 287 | recruitment. Activities and services may include securing |
| 288 | federal programs and processes, identifying and securing new |
| 289 | contract and grant opportunities for businesses in this state, |
| 290 | assisting businesses in establishing operations, securing |
| 291 | necessary qualifications and approvals, obtaining capital, and |
| 292 | engaging company and federal officials in discussions regarding |
| 293 | new program projects, including research, design, testing, and |
| 294 | manufacturing projects in this state. Emphasis shall be placed |
| 295 | on assisting small-to medium-sized businesses on a statewide |
| 296 | basis. These funds may not be used for administrative or |
| 297 | operational costs of Space Florida. |
| 298 | Section 7. There is appropriated for the 2010-2011 state |
| 299 | fiscal year to the Office of Tourism, Trade, and Economic |
| 300 | Development within the Executive Office of the Governor the sum |
| 301 | of $12.575 million in nonrecurring general revenue through the |
| 302 | Space Business Investment and Financial Services Trust Fund to |
| 303 | address business infrastructure needs to assist in the |
| 304 | development and management of state-of-the-art facilities for |
| 305 | space businesses that will create high-technology, high-wage- |
| 306 | earning jobs. |
| 307 | Section 8. This act shall take effect July 1, 2010, if HB |
| 308 | 1391, or similar legislation creating the Space Business |
| 309 | Investment and Financial Services Trust Fund, is adopted in the |
| 310 | same legislative session or an extension thereof and becomes |
| 311 | law. |