Florida 2022 Regular Session

Florida House Bill H1303 Compare Versions

Only one version of the bill is available at this time.
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1010 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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1414 A bill to be entitled 1
1515 An act relating to the Northeast Florida Regional 2
1616 Spaceport Authority; creating part IV of chapter 331, 3
1717 F.S.; providing a short title; providing legislative 4
1818 findings and intent; creating the Northeast Florida 5
1919 Regional Spaceport Authority; providing purpose and 6
2020 responsibilities of the authority; prohibiting the 7
2121 authority from endorsing a candidate for public 8
2222 office; providing that the authority does not meet a 9
2323 specified definition of the term "agency"; providing 10
2424 applicability of certain provisions; providing 11
2525 definitions; specifying authority territory; providing 12
2626 powers of the authority; requiring the authority to 13
2727 file a federal notification to activate certain 14
2828 airspace; providing membership requirements and terms 15
2929 of the authority's board of directors; requiri ng 16
3030 members to file a statement of financial interests; 17
3131 requiring the board to designate a treasurer; 18
3232 authorizing the board to select depositories and 19
3333 employ a fiscal agent and providing requirements 20
3434 therefor; providing powers and duties of the board; 21
3535 providing requirements for the exercise of powers; 22
3636 authorizing the authority to construct projects, 23
3737 furnish facilities and services, and collect charges 24
3838 within the regional spaceport; providing powers of the 25
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4747 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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5151 authority relating to certain roads; providing for 26
5252 recovery of certain costs by the authority; 27
5353 authorizing the board to enter into certain contracts; 28
5454 authorizing the board to shut off and discontinue 29
5555 services and facilities under certain circumstances; 30
5656 authorizing the authority to receive certain moneys 31
5757 and properties; requiring compliance with laws 32
5858 relating to the expenditure of federal moneys; 33
5959 authorizing the board to enter into contracts with 34
6060 municipalities for the performance of common powers, 35
6161 duties, and functions; authorizing the state and its 36
6262 political subdivisions to enter into certain 37
6363 cooperative agreements with the authority; providing 38
6464 the term of such agreements; providing powers of the 39
6565 authority relating to contracts, grants, and 40
6666 contributions; requiring compliance with certain 41
6767 environmental provis ions; providing for sovereign 42
6868 immunity; providing legal remedies for certain 43
6969 violations; providing for bond issuance, lien of 44
7070 pledges, and trust agreements; providing for the sale, 45
7171 authorization, and form of bonds; authorizing issuance 46
7272 of interim or replac ement bond certificates; 47
7373 specifying negotiability of bonds; granting certain 48
7474 authority to the board regarding defeasance of the 49
7575 right, title, and interest of bondholders; specifying 50
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8484 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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8888 that bonds constitute legal investments or securities; 51
8989 authorizing a resolution for the issuance of bonds to 52
9090 contain certain covenants; providing procedures for 53
9191 the validation of bonds; specifying that full 54
9292 authority for bond issuance and exercise of powers 55
9393 rests with the authority; providing that bonds do not 56
9494 constitute an obligation of the state; authorizing the 57
9595 board to make certain investments; establishing the 58
9696 fiscal year of the authority; providing insurance and 59
9797 safety program requirements; requiring the authority 60
9898 to involve women, minorities, and disadvantaged 61
9999 business enterprises in the development and operation 62
100100 of spaceports; exempting the authority from certain 63
101101 taxes; prohibiting a person or business entity from 64
102102 using the name of the authority without written 65
103103 approval; authorizing the Department of State to 66
104104 dissolve an entity in violation of such prohibition; 67
105105 specifying authority ownership of rights to 68
106106 intellectual property; authorizing the Department of 69
107107 Transportation to enter into a joint participation 70
108108 agreement with the authority for certain purposes; 71
109109 requiring the authority to develop a spaceport master 72
110110 plan for submission to the department and metropolitan 73
111111 planning organizations; authorizing the department to 74
112112 participate in the capital cost of certain projects 75
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121121 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125125 using available funds; providing construction; 76
126126 providing an effective date. 77
127127 78
128128 Be It Enacted by the Legislature of the State of Florida: 79
129129 80
130130 Section 1. Part IV of chapter 331, Florida Statutes, 81
131131 consisting of sections 331.601 through 331.661, is created to 82
132132 read: 83
133133 PART IV 84
134134 NORTHEAST FLORIDA REGIONAL SPACEPORT AUTH ORITY 85
135135 331.601 Short title. —This part may be cited as the 86
136136 "Northeast Florida Regional Spaceport Authority Act." 87
137137 331.6011 Legislative findings and intent. — 88
138138 (1) The Legislature finds and declares that the commercial 89
139139 aerospace industry of this state is i ntegral to the state's 90
140140 long-term success in diversifying its economy and building a 91
141141 knowledge-based economy that is able to support the creation of 92
142142 high-value-added businesses and jobs. 93
143143 (2) The Legislature finds that attaining this vision 94
144144 requires a strong public and private commitment to the 95
145145 commercial aerospace industry. It is the intent of the 96
146146 Legislature to improve the regulatory flexibility for commercial 97
147147 aerospace launches and the development of sites for commercial 98
148148 aerospace launches and related re search and development. 99
149149 (3) Clay, Duval, and Nassau Counties have ideal geographic 100
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158158 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162162 spaceport attributes, including access to multiple orbits, 101
163163 proximity to water for launch activities, existing facilities 102
164164 and infrastructure for recovery activities, proxim ity to 103
165165 multiple channels of intermodal transportation infrastructure, 104
166166 access to multiple sources of fuel and power generation, and 105
167167 quality-of-life factors attractive to human capital. 106
168168 (4) It is the intent of the Legislature that commercial 107
169169 aerospace activities in Northeast Florida be coordinated by the 108
170170 Northeast Florida Regional Spaceport Authority and that, 109
171171 notwithstanding any other provision of law, the Northeast 110
172172 Florida Regional Spaceport Authority be an independent point of 111
173173 contact for commercial aero space activities with federal 112
174174 agencies, the military, state agencies, businesses, and the 113
175175 private sector. 114
176176 331.602 Northeast Florida Regional Spaceport Authority; 115
177177 creation; purpose.— 116
178178 (1) There is created the Northeast Florida Regional 117
179179 Spaceport Authority, which is created as an independent special 118
180180 district, a body politic and corporate, and a subdivision of the 119
181181 state, to foster the growth and development of a sustainable 120
182182 commercial aerospace industry in Northeast Florida. The 121
183183 Northeast Florida Regional S paceport Authority shall promote 122
184184 commercial aerospace business development by facilitating 123
185185 business financing, spaceport operations, research and 124
186186 development, local workforce development, and innovative local 125
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195195 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199199 education programs. The Northeast Florida Regio nal Spaceport 126
200200 Authority has all the powers, rights, privileges, and authority 127
201201 as provided under the laws of this state. 128
202202 (2) In carrying out its duties and responsibilities, the 129
203203 Northeast Florida Regional Spaceport Authority shall advise, 130
204204 coordinate, cooperate, and, when necessary, enter into memoranda 131
205205 of agreement with municipalities, counties, regional 132
206206 authorities, state agencies and organizations both within and 133
207207 outside Florida, appropriate federal agencies and organizations, 134
208208 and other interested person s and groups. 135
209209 (3) The Northeast Florida Regional Spaceport Authority may 136
210210 not endorse any candidate for any elected public office or 137
211211 contribute money to the campaign of any candidate for public 138
212212 office. 139
213213 (4) The Northeast Florida Regional Spaceport Authority is 140
214214 not an agency as defined in s. 216.011(1)(qq) or s. 287.012. 141
215215 (5) The Northeast Florida Regional Spaceport Authority is 142
216216 subject to applicable provisions of chapter 189, including, but 143
217217 not limited to, s. 189.051. To the extent that any provisi ons of 144
218218 chapter 189 conflict with this part, this part shall prevail. 145
219219 331.603 Definitions. —As used in this part, the term: 146
220220 (1) "Aerospace" means the industry that designs and 147
221221 manufactures aircraft, rockets, missiles, spacecraft, 148
222222 satellites, space vehicl es, space stations, space facilities or 149
223223 components thereof, and equipment, systems, facilities, 150
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232232 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236236 simulators, programs, and related activities, including, but not 151
237237 limited to, the application of aerospace technologies in air -152
238238 based, land-based, and sea-based platforms for commercial, 153
239239 civil, and defense purposes. 154
240240 (2) "Authority" means the Northeast Florida Regional 155
241241 Spaceport Authority. 156
242242 (3) "Board" or "board of directors" means the governing 157
243243 body of the Northeast Florida Regional Spaceport Authority. 158
244244 (4) "Bonds" means revenue bonds or other evidences of 159
245245 indebtedness, including bank loans, issued by the authority for 160
246246 the purpose of financing its projects. 161
247247 (5) "Financing agreement" means a lease, lease -purchase 162
248248 agreement, lease with option to purchase, sale or installment 163
249249 sale agreement, whether title passes in whole or in part at any 164
250250 time before, at, or after completion of the project, loan 165
251251 agreement, or other agreement forming the basis for the 166
252252 financing under this part, including any agreements, guarantees , 167
253253 or security instruments forming part of or related to providing 168
254254 assurance of payment of the obligations under the financing 169
255255 agreement. 170
256256 (6) "Landing area" means the geographical area designated 171
257257 by the authority for or intended for the landing and surfac e 172
258258 maneuvering of any launch vehicle or other space vehicle. 173
259259 (7) "Launch pad" means any launch pad, runway, airstrip, 174
260260 or similar facility used for launching space vehicles. 175
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269269 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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273273 (8) "Launch support facilities" means facilities that are 176
274274 located at launch site s or launch ranges that are required to 177
275275 support launch activities, including launch vehicle assembly, 178
276276 launch vehicle operations and control, communications, and 179
277277 flight safety functions, as well as payload operations, control, 180
278278 and processing. 181
279279 (9) "Payload" means any property or cargo to be 182
280280 transported aboard any vehicle launched by or from a spaceport. 183
281281 (10) "Person" means any individual, community college, 184
282282 college, university, firm, association, joint venture, 185
283283 partnership, estate, trust, business trust, syndicate, 186
284284 fiduciary, corporation, nation, federal, state, or local 187
285285 government, government or nongovernment agency, subdivision of 188
286286 the state, municipality, county, business entity, or any other 189
287287 group or combination thereof. 190
288288 (11) "Project" means any activ ity associated with any 191
289289 development, improvement, property, launch, utility, facility, 192
290290 system, works, road, sidewalk, enterprise, service, or 193
291291 convenience, which may include coordination with federal and 194
292292 state partners or agencies; any rocket, capsule, modu le, launch 195
293293 facility, assembly facility, operations or control facility, 196
294294 tracking facility, administrative facility, or any other type of 197
295295 aerospace-related transportation vehicle, station, or facility; 198
296296 any type of equipment or instrument to be used or usefu l in 199
297297 connection with any of the foregoing; any type of intellectual 200
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306306 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310310 property and intellectual property protection in connection with 201
311311 any of the foregoing, including, without limitation, any patent, 202
312312 copyright, trademark, or service mark for, among other thi ngs, 203
313313 computer software; any water, wastewater, gas, or electric 204
314314 utility system, plant, or distribution or collection system; any 205
315315 small business incubator initiative, including any startup 206
316316 aerospace company and any aerospace business proposing to expand 207
317317 or locate its business in this state; any research and 208
318318 development company, research and development facility, 209
319319 education and workforce training facility, storage facility, or 210
320320 consulting service; or any tourism initiative, including any 211
321321 space experience attrac tion, microgravity flight program, 212
322322 aerospace launch-related activity, or space museum sponsored or 213
323323 promoted by the authority. 214
324324 (12) "Range" means the geographical area designated by the 215
325325 authority or another appropriate body as the area for the 216
326326 launching of rockets, missiles, launch vehicles, and other 217
327327 vehicles designed to reach high altitude. 218
328328 (13) "Recovery" means the recovery of space vehicles and 219
329329 payloads that have been launched from or by a spaceport. 220
330330 (14) "Region" means Clay, Duval, and Nassau Coun ties. 221
331331 (15) "Regional spaceport" means the geographical area 222
332332 designated in s. 331.604 as may be amended from time to time. 223
333333 (16) "Spaceport" means any area of land or water, or any 224
334334 manmade object or facility located therein, which area is 225
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343343 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347347 intended for public use or for the launching, takeoff, and 226
348348 landing of spacecraft and aircraft, and includes any appurtenant 227
349349 areas that are used or intended for public use, for spaceport 228
350350 buildings, or for other spaceport facilities, launch support 229
351351 facilities, spaceport pr ojects, or rights-of-way. 230
352352 (17) "Spaceport discretionary capacity improvement 231
353353 projects" means capacity improvements that enhance space 232
354354 transportation capacity at spaceports that have had one or more 233
355355 orbital or suborbital flights during the previous calend ar year 234
356356 or have an agreement in writing for installation of one or more 235
357357 regularly scheduled orbital or suborbital flights upon the 236
358358 commitment of funds for stipulated spaceport capital 237
359359 improvements. 238
360360 (18) "Spaceport user" means any person who uses the 239
361361 facilities or services of any spaceport. For the purposes of any 240
362362 exemptions or rights granted under this part, a person shall be 241
363363 deemed a spaceport user only during the time period in which the 242
364364 person has in effect a contract, memorandum of understanding, or 243
365365 agreement with the spaceport, and such rights and exemptions 244
366366 shall be granted with respect to transactions relating only to 245
367367 spaceport projects. 246
368368 331.604 Regional spaceport territory. —The following 247
369369 property shall constitute the authority's regional spacepor t 248
370370 territory: 249
371371 (1) Real property located in Duval County which is 250
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380380 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384384 included within the boundaries of Cecil Airport and Cecil 251
385385 Commerce Center and any other real property designated by the 252
386386 Jacksonville City Council. Notwithstanding any other provision 253
387387 of law, the spaceport facilities and projects owned and 254
388388 administered by the Jacksonville Airport Authority will become 255
389389 the property and responsibility of the authority upon this part 256
390390 becoming law. 257
391391 (2) Real property located in Nassau County as designated 258
392392 by the Nassau County Board of County Commissioners. 259
393393 (3) Real property located in Clay County as designated by 260
394394 the Clay County Board of County Commissioners. 261
395395 (4) Real property within Duval, Nassau, and Clay Counties 262
396396 which is licensed by the Federal Aviation Ad ministration as a 263
397397 spaceport. 264
398398 331.605 Powers of authority. —The authority may: 265
399399 (1) Sue and be sued by its name in any court of law or in 266
400400 equity. 267
401401 (2) Adopt and use a corporate seal and alter the same at 268
402402 pleasure. 269
403403 (3) Conduct its affairs, carry on its operations, and have 270
404404 offices and exercise the powers granted by this part in any 271
405405 state, territory, district, or possession of the United States 272
406406 or any foreign country. 273
407407 (4) Acquire, enjoy, use, and dispose of patents, 274
408408 copyrights, and trademarks and any li censes and other rights or 275
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417417 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421421 interests under or in such licenses. 276
422422 (5) Purchase, take, receive, subscribe for, or otherwise 277
423423 acquire, own, hold, vote on, use, employ, sell, mortgage, lend, 278
424424 pledge, or otherwise dispose of and otherwise use and deal in 279
425425 and with shares and other interests in, or obligations of, other 280
426426 domestic or foreign corporations, whether for profit or not for 281
427427 profit, associations, partnerships, or individuals, or direct or 282
428428 indirect obligations of the United States or of any other 283
429429 government, state, territory, governmental district, or 284
430430 municipality, or of any instrumentality of such governmental 285
431431 units. 286
432432 (6) Lend money for its purposes, invest and reinvest its 287
433433 funds, and take and hold real and personal property as security 288
434434 for the payment of f unds loaned. 289
435435 (7) Have and exercise all powers necessary or convenient 290
436436 to effect any or all of the purposes for which it is organized. 291
437437 (8) Acquire property, real, personal, intangible, 292
438438 tangible, or mixed, within or without its territorial limits, in 293
439439 fee simple or any lesser interest or estate, by purchase, gift, 294
440440 devise, or lease, on such terms and conditions as the board may 295
441441 deem necessary or desirable, and sell or otherwise dispose of 296
442442 the same and of any of the assets and properties of the 297
443443 authority. 298
444444 (9) Make and execute any and all contracts and other 299
445445 instruments necessary or convenient to the exercise of its 300
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454454 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458458 powers, including financing agreements with persons or spaceport 301
459459 users to facilitate the financing, construction, leasing, or 302
460460 sale of any project. 303
461461 (10) Whenever deemed necessary by the board, lease as 304
462462 lessor or lessee to or from any person, public or private, any 305
463463 facilities or property for the use of the authority and carry 306
464464 out any of the purposes of the authority. 307
465465 (11) Own, acquire, construct , develop, create, 308
466466 reconstruct, equip, operate, maintain, extend, and improve 309
467467 launch pads, landing areas, ranges, payload assembly buildings, 310
468468 payload processing facilities, laboratories, aerospace business 311
469469 incubators, launch vehicles, payloads, space fligh t hardware, 312
470470 facilities and equipment for the construction of payloads, space 313
471471 flight hardware, rockets, and other launch vehicles, and other 314
472472 spaceport facilities and other aerospace -related systems, 315
473473 including educational, cultural, and parking facilities an d 316
474474 aerospace-related initiatives. 317
475475 (12) Own, acquire, construct, reconstruct, equip, operate, 318
476476 maintain, extend, or improve transportation facilities 319
477477 appropriate to meet the transportation requirements of the 320
478478 authority and activities conducted within the re gional 321
479479 spaceport. 322
480480 (13) Own, acquire, construct, reconstruct, equip, operate, 323
481481 maintain, extend, or improve electric power plants, transmission 324
482482 lines and related facilities, gas mains and facilities of any 325
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491491 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495495 nature for the production or distribution of natur al gas, and 326
496496 transmission lines and related facilities for the generation and 327
497497 transmission of power through traditional, new, and experimental 328
498498 sources of power and energy; purchase electric power, natural 329
499499 gas, and other sources of power for distribution wit hin any 330
500500 spaceport territory; develop and operate water and sewer systems 331
501501 and waste collection and disposal consistent with chapter 88 -332
502502 130, Laws of Florida; and develop and operate such new and 333
503503 experimental public utilities, including, but not limited to, 334
504504 centrally distributed heating and air -conditioning facilities 335
505505 and services, closed -circuit television systems, and computer 336
506506 services and facilities, as the board determines. However, the 337
507507 authority may not construct any system, work, project, or 338
508508 utility authorized to be constructed under this subsection if a 339
509509 system, work, project, or utility of a similar character is 340
510510 being actually operated by a municipality or private company in 341
511511 the municipality or territory adjacent thereto unless such 342
512512 municipality or priva te company consents to such construction. 343
513513 (14) Subject to the rules and regulations of the 344
514514 appropriate water management district, own, acquire, construct, 345
515515 reconstruct, equip, maintain, operate, extend, and improve water 346
516516 and flood control facilities. The authority may receive moneys, 347
517517 disbursements, and assistance from the state available to flood 348
518518 control or water management districts and navigation districts 349
519519 or agencies. 350
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528528 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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532532 (15) Own, acquire, construct, reconstruct, equip, 351
533533 maintain, operate, extend, and imp rove public safety facilities 352
534534 for the regional spaceport, including security stations, 353
535535 security vehicles, fire stations, water mains and plugs, and 354
536536 fire trucks and other vehicles and equipment; hire employees, 355
537537 security officers, and firefighters; and under take such works 356
538538 and construct such facilities determined by the board to be 357
539539 necessary or desirable to promote and ensure public safety 358
540540 within the regional spaceport. 359
541541 (16) Hire, through the chair of its board of directors, a 360
542542 safety officer with substantia l experience in public safety 361
543543 procedures and programs for space vehicle launching and related 362
544544 hazardous operations. The safety officer shall monitor and 363
545545 report on the safety and hazards of ground -based space 364
546546 operations to the chair. 365
547547 (17) Examine, develop , and use new concepts, designs, and 366
548548 ideas; own, acquire, construct, reconstruct, equip, operate, 367
549549 maintain, extend, and improve experimental spaceport facilities 368
550550 and services; and otherwise undertake, sponsor, finance, and 369
551551 maintain such research activities , experimentation, and 370
552552 development as the board determines, in connection with any of 371
553553 the projects that the authority is authorized to undertake 372
554554 pursuant to the powers and authority vested in it by this part, 373
555555 in order to promote the development and use of new concepts, 374
556556 designs, and ideas in the fields of space exploration, 375
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565565 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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569569 commercialization of the space industry, and spaceport 376
570570 facilities. 377
571571 (18) Issue revenue bonds or other evidences of 378
572572 indebtedness, including bank loans, authorized by this part or 379
573573 any other law and pay all or part of the cost of the 380
574574 acquisition, construction, reconstruction, extension, repair, 381
575575 improvement, or maintenance of any project or combination of 382
576576 projects, including environmental mitigation, payloads and space 383
577577 flight hardware, and eq uipment for research, development, and 384
578578 educational activities, to provide for any facility, service, or 385
579579 other activity of the authority, and provide for the retirement 386
580580 or refunding of any bonds or obligations of the authority, or 387
581581 for any combination of the foregoing purposes. 388
582582 (19) In connection with any financing agreement, fix and 389
583583 collect fees, loan payments, rental payments, and other charges 390
584584 for the use of any project in such amount as to provide 391
585585 sufficient moneys to pay the principal of and interest o n bonds 392
586586 as they become due and payable, if so provided in the bond 393
587587 resolution or trust agreement, and to create reserves for such 394
588588 purposes. The fees, loan payments, rental payments, and other 395
589589 charges and all other revenues and proceeds derived from the 396
590590 project in connection with which the bonds are issued, except 397
591591 such part thereof necessary for reserves or any expenditures 398
592592 provided in the resolution authorizing the issuance of the bonds 399
593593 or in the trust agreement securing the bonds, shall be set 400
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602602 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603603
604604
605605
606606 aside, at the time specified in the resolution or trust 401
607607 agreement, in a sinking fund that may be pledged to and charged 402
608608 with the payment of the principal of and the interest on such 403
609609 bonds as they become due and the redemption price or the 404
610610 purchase price of bonds retir ed by call or purchase as provided 405
611611 therein. Such pledge is valid and binding from the time the 406
612612 pledge is made. The fees, loan payments, rental payments, other 407
613613 charges, and all other revenues and proceeds so pledged and 408
614614 thereafter received by or on behalf o f the authority shall 409
615615 immediately be subject to the lien of any such pledge without 410
616616 any physical delivery thereof or further act, and the lien of 411
617617 any such pledge is valid and binding as against all parties 412
618618 having claims of any kind in tort, contract, or ot herwise 413
619619 against the authority, regardless of whether such parties have 414
620620 notice thereof. The resolution or any trust agreement by which a 415
621621 pledge is created need not be filed or recorded, except in the 416
622622 records of the authority. The use and disposition of mone y to 417
623623 the credit of the sinking fund shall be subject to the 418
624624 provisions of the resolution authorizing the issuance of such 419
625625 bonds or the provisions of such trust agreement. 420
626626 331.606 Federal airspace notification. —In accordance with 421
627627 Federal Aviation Administ ration procedures, the authority shall 422
628628 file the appropriate federal notification to activate special 423
629629 use airspace in support of its launch operations. 424
630630 331.6081 Board of directors. —The authority shall be 425
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639639 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640640
641641
642642
643643 governed by a nine-member independent board of dire ctors that 426
644644 consists of three members appointed by the Governor and 427
645645 confirmed by the Senate, three members appointed by the Mayor of 428
646646 the City of Jacksonville and confirmed by the Jacksonville City 429
647647 Council, two members appointed by the Clay County Board of 430
648648 County Commissioners, and one member appointed by the Nassau 431
649649 County Board of County Commissioners. At least one of the three 432
650650 members appointed by the Governor must be a resident and 433
651651 qualified elector of Clay County, Duval County, or Nassau 434
652652 County. Each of the six members not appointed by the Governor 435
653653 must be a resident and qualified elector of the county from 436
654654 which he or she is appointed. Each member shall serve a term of 437
655655 4 years beginning on June 1 of the year in which he or she is 438
656656 appointed and shall hold office until a successor has been 439
657657 appointed and has qualified. A vacancy on the board shall be 440
658658 filled for the remainder of the unexpired term in the same 441
659659 manner as the original appointment. Any member appointed to the 442
660660 board for two consecutive full terms i s not eligible for 443
661661 appointment to the next succeeding term. The board shall 444
662662 annually designate one of its members as chair, one of its 445
663663 members as vice chair, and one of its members as secretary. The 446
664664 members of the board are not entitled to compensation but shall 447
665665 be reimbursed for travel expenses or other expenses actually 448
666666 incurred in their duties as provided by law. Five voting members 449
667667 of the board shall constitute a quorum, and a resolution adopted 450
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676676 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677677
678678
679679
680680 by the board may not become effective without the affirmat ive 451
681681 vote of at least five members. Each member of the board shall 452
682682 file as his or her mandatory financial disclosure a statement of 453
683683 financial interests with the Commission on Ethics as provided in 454
684684 s. 112.3145. 455
685685 331.609 Treasurer; depositories; fiscal agent .— 456
686686 (1) The board shall designate an individual who is a 457
687687 resident of the state, or a qualified public depository as 458
688688 defined in s. 280.02, as treasurer of the authority, who shall 459
689689 have charge of the funds of the authority. Such funds shall be 460
690690 disbursed only upon the order of or pursuant to the resolution 461
691691 of the board by warrant, check, authorization, or direct deposit 462
692692 pursuant to s. 215.85, signed or authorized by the treasurer or 463
693693 his or her representative or by any other person authorized by 464
694694 the board. The board may give the treasurer such additional 465
695695 powers and duties as it deems appropriate and shall determine 466
696696 the treasurer's compensation. The board may require the 467
697697 treasurer to give a bond in such amount, on such terms, and with 468
698698 such sureties as are deemed satisfactory to the board to secure 469
699699 the performance by the treasurer of his or her powers and 470
700700 duties. The board shall audit or have audited the books of the 471
701701 treasurer at least once per year. 472
702702 (2) The board may select as depositories in which the 473
703703 funds of the board and of the authority shall be deposited a 474
704704 qualified public depository as defined in s. 280.02, upon such 475
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713713 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714714
715715
716716
717717 terms and conditions as to the payment of interest on such funds 476
718718 by such depository the board deems just and reasonable. The 477
719719 funds of the authority may be kept in or removed from the State 478
720720 Treasury upon written notification from the chair of the board 479
721721 to the Chief Financial Officer. 480
722722 (3) The board may employ a fiscal agent, who shall be a 481
723723 resident of this state or a corporation organized unde r the laws 482
724724 of this or any other state and authorized by such laws to act as 483
725725 such fiscal agent in such state. 484
726726 331.610 Powers and duties of board of directors. — 485
727727 (1) The board of directors may: 486
728728 (a) Execute all contracts and other documents, adopt all 487
729729 proceedings, and perform all acts determined by the board to be 488
730730 necessary or desirable to carry out the purposes of this part. 489
731731 The board may authorize one or more of its members to execute 490
732732 contracts and other documents on behalf of the board or the 491
733733 authority. 492
734734 (b) Establish and create such departments, committees, or 493
735735 other entities as the board deems necessary or desirable in the 494
736736 performance of any acts or other things necessary to the 495
737737 exercise of the powers provided in this part, and delegate to 496
738738 such departments, committees, or other entities such 497
739739 administrative duties and other powers as the board deems 498
740740 necessary or desirable. 499
741741 (c) Provide financial services to support commercial 500
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750750 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751751
752752
753753
754754 aerospace-related business development within the region. 501
755755 Financial services may include, but are not limited to, 502
756756 insuring, coinsuring, or originating for sale direct aerospace -503
757757 related loans; direct lending; guaranteeing and collateralizing 504
758758 loans; creating accounts; capitalizing, underwriting, leasing, 505
759759 selling, or securing funding for aerospace-related 506
760760 infrastructure; investing in permissible securities; organizing 507
761761 financial institutions and international bank syndicates; and 508
762762 acquiring, accepting, or administering grants, contracts, and 509
763763 fees from other organizations to perform activ ities that are 510
764764 consistent with the purposes of the authority's business plan. 511
765765 If the board determines that a financial services entity is 512
766766 necessary, the board may create, form, or contract with one or 513
767767 more such entities. 514
768768 (d) Execute intergovernmental agreements and development 515
769769 agreements consistent with prevailing statutory provisions, 516
770770 including, but not limited to, special benefits or tax increment 517
771771 financing initiatives. 518
772772 (e) Establish reserve funds for future board operations. 519
773773 (2) The board of dir ectors shall: 520
774774 (a) Adopt rules and orders to conduct the business of the 521
775775 authority, the maintenance of records, and the form of all 522
776776 documents and records of the authority. The board may adopt 523
777777 rules with respect to any of the projects of the authority with 524
778778 notice and a public hearing. 525
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787787 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788788
789789
790790
791791 (b) Prepare an annual report of operations for the 526
792792 previous fiscal year and submit the report to the Governor, the 527
793793 President of the Senate, and the Speaker of the House of 528
794794 Representatives by November 30. The report must incl ude, but not 529
795795 be limited to, a balance sheet, an income statement, a statement 530
796796 of changes in financial position, a reconciliation of changes in 531
797797 equity accounts, a summary of significant accounting principles, 532
798798 the auditor's report, a summary of the status of existing and 533
799799 proposed bonding projects, comments from management about the 534
800800 year's business, and prospects for the following year. 535
801801 331.611 Exercise of powers within municipalities and other 536
802802 political subdivisions. —The authority may exercise any of its 537
803803 rights, powers, privileges, and authority in any and all 538
804804 portions of the regional spaceport lying within the boundaries 539
805805 of any municipal corporation or other political subdivision the 540
806806 boundaries of which lie wholly or partly within the geographical 541
807807 limits of the regional spaceport, to the same extent and in the 542
808808 same manner as in areas of the regional spaceport not 543
809809 incorporated as part of a municipality or other political 544
810810 subdivision. With respect to any municipal corporation or other 545
811811 political subdivision the boundaries of which lie partly within 546
812812 and partly without the geographical limits of the regional 547
813813 spaceport, the authority may exercise its rights, powers, 548
814814 privileges, and authority only within the portion of the 549
815815 municipal corporation or other political su bdivision lying 550
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824824 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825825
826826
827827
828828 within the boundaries of the regional spaceport. 551
829829 331.612 Furnishing facilities and services within regional 552
830830 spaceport.—The authority may construct, develop, create, 553
831831 maintain, and operate its projects within the regional 554
832832 spaceport, including any portions of the regional spaceport 555
833833 located inside the boundaries of any incorporated municipality 556
834834 or other political subdivision, and offer, supply, and furnish 557
835835 the facilities and services provided for in this part to, and 558
836836 establish and collect fees , rentals, and other charges from, 559
837837 persons, public or private, within the geographical limits of 560
838838 the regional spaceport and for the use of the authority itself. 561
839839 331.613 Power of authority; roads. —Within the geographical 562
840840 limits of the regional spaceport, the authority may acquire, 563
841841 through purchase or interagency agreement, or as otherwise 564
842842 provided by law, and construct, control, and maintain, roads 565
843843 deemed necessary by the authority and connections thereto and 566
844844 extensions thereof acquired, constructed, or ma intained in 567
845845 accordance with established highway safety standards. However, 568
846846 if a road being addressed by the authority is owned by another 569
847847 agency or jurisdiction, the authority, before proceeding with 570
848848 the proposed project or work activity, must coordinate t he 571
849849 desired work with the owning agency or jurisdiction or must 572
850850 successfully execute an interagency agreement with the owning 573
851851 agency or jurisdiction. 574
852852 331.616 Revenues; procedure for adoption and modification; 575
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861861 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862862
863863
864864
865865 minimum requirements. — 576
866866 (1) To recover the co sts of a spaceport facility or 577
867867 system, the authority may prescribe, fix, establish, and collect 578
868868 rates, fees, rentals, tolls, fares, or other charges, 579
869869 hereinafter referred to as "revenues," and revise such revenues 580
870870 from time to time, for the facilities and services furnished or 581
871871 to be furnished by the authority and the spaceport, including, 582
872872 but not limited to, launch pads, ranges, payload assembly and 583
873873 processing facilities, visitor and tourist facilities, 584
874874 transportation facilities, and parking and other relat ed 585
875875 facilities. The authority may provide for reasonable penalties 586
876876 against any user or property for any such revenues that are 587
877877 delinquent. 588
878878 (2) The board may enter into contracts for the use of the 589
879879 projects of the authority and for the services and facilit ies 590
880880 furnished or to be furnished by the authority, including, but 591
881881 not limited to, launch services, payload assembly and 592
882882 processing, and other commercial sector launch and aerospace -593
883883 related services, for such consideration and on such other terms 594
884884 and conditions as the board approves. Such contracts, and 595
885885 revenues or service charges received or to be received by the 596
886886 authority thereunder, may be pledged as security for any of the 597
887887 bonds of the authority. 598
888888 331.617 Recovery of delinquent charges. —If any of the 599
889889 rates, fees, rentals, tolls, fares, other charges, or delinquent 600
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898898 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899899
900900
901901
902902 penalties are not paid when due and are in default for 30 days 601
903903 or more, the unpaid balance thereof and all interest accrued 602
904904 thereon, together with attorney fees and costs, may be recovered 603
905905 by the authority in a civil action. 604
906906 331.618 Discontinuance of service. —If the rates, fees, 605
907907 rentals, tolls, fares, or other charges for the services and 606
908908 facilities of any project are not paid when due, the board may 607
909909 discontinue and shut off such services and facilities until such 608
910910 rates, fees, rentals, tolls, fares, or other charges, including 609
911911 interest, penalties, and charges for the shutting off, 610
912912 discontinuance, and restoration of such services and facilities, 611
913913 are fully paid. Such delinquent rates, fees, renta ls, tolls, 612
914914 fares, or other charges, together with interest, penalties, and 613
915915 charges for the shutting off, discontinuance, and restoration of 614
916916 such services and facilities, and reasonable attorney fees and 615
917917 other expenses, may be recovered by the authority by suit in any 616
918918 court of competent jurisdiction. The authority may also enforce 617
919919 payment of such delinquent rates, fees, rentals, tolls, fares, 618
920920 or other charges by any other lawful method. 619
921921 331.621 Federal and other funds and aid. —The Authority may 620
922922 accept, receive, and receipt for federal moneys, property, and 621
923923 other moneys or properties, either public or private, for the 622
924924 acquisition, planning, operation, construction, enlargement, 623
925925 improvement, maintenance, equipment, or development of programs, 624
926926 facilities, and sites for the authority. The authority must 625
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935935 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
936936
937937
938938
939939 comply with the laws of the United States and any rules and 626
940940 regulations adopted thereunder for the expenditure of federal 627
941941 moneys. 628
942942 331.622 Agreements with municipalities within region. —The 629
943943 board of directors and the governing body or bodies of one or 630
944944 more municipalities located wholly or partly within the region 631
945945 may enter into and execute contracts and agreements relating to 632
946946 the common powers, duties, and functions of the board and other 633
947947 officers, agents, and emp loyees of the authority, and the 634
948948 respective governing body or bodies of one or more such 635
949949 municipalities, and their respective officers, agents, and 636
950950 employees, for the purpose of effective cooperation between and 637
951951 coordination of the efforts of such municipa lity or 638
952952 municipalities and the authority in discharging their common 639
953953 functions, powers, and duties and in rendering services to the 640
954954 residents and property owners of such municipality or 641
955955 municipalities and the authority. The board and the governing 642
956956 body or bodies of one or more such municipalities may also enter 643
957957 into and execute contracts and agreements for the performance of 644
958958 any of their common powers, duties, and functions by a central 645
959959 agency or common agent of the contracting parties. 646
960960 331.623 Cooperative agreements with the state, counties, 647
961961 and municipalities.— 648
962962 (1) The state and the counties, municipalities, and other 649
963963 political subdivisions, public bodies, and agencies thereof may 650
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972972 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
973973
974974
975975
976976 aid and cooperate with the authority in carrying out any of the 651
977977 purposes and projects of the authority, enter into cooperative 652
978978 agreements with the authority, and provide in any such 653
979979 cooperative agreement for the making of loans, gifts, grants, or 654
980980 contributions to the authority and the granting and conveyance 655
981981 to the authority of real or personal property of any kind or 656
982982 nature, or any interest therein, for the carrying out of the 657
983983 purpose and projects of the authority; covenant in any such 658
984984 cooperative agreement to pay all or any part of the costs of 659
985985 acquisition, planning, developm ent, construction, 660
986986 reconstruction, extension, improvement, operation, and 661
987987 maintenance of any projects of the authority; and pay all or any 662
988988 part of the principal and interest on any bonds of the 663
989989 authority. 664
990990 (2) The state and the counties, municipalities, a nd other 665
991991 political subdivisions, public bodies, and agencies thereof and 666
992992 the authority may enter into cooperative agreements to provide 667
993993 for the furnishing by the authority to the state or any county, 668
994994 municipality, or other political subdivision, public bod y, or 669
995995 agency thereof of any of the facilities and services of the 670
996996 authority, or by the state or any county, municipality, or other 671
997997 political subdivision, public body, or agency thereof to the 672
998998 authority and to persons within the spaceport territory of 673
999999 facilities and services of the type that the authority is 674
10001000 authorized to furnish or undertake, or such other facilities and 675
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10091009 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10101010
10111011
10121012
10131013 services determined necessary or desirable by the board for the 676
10141014 carrying out of the purposes of this part. Without limitation of 677
10151015 the foregoing, such cooperative agreements may provide for the 678
10161016 furnishing by any county, municipality, or other political 679
10171017 subdivision of fire and police protection for the authority and 680
10181018 persons and property within the authority and for the provision 681
10191019 to the authority of any services deemed necessary or desirable 682
10201020 by the board for the proper functioning of the authority. 683
10211021 (3) Without limitation of the foregoing, the board may 684
10221022 undertake and finance any of the projects of the authority, in 685
10231023 whole or in part, jointly with any municipality or 686
10241024 municipalities or in any other manner combine the projects of 687
10251025 the authority with the projects of such municipality or 688
10261026 municipalities. 689
10271027 (4) Any agreement of the type authorized by this section 690
10281028 may be made and entered into under this part for up to 99 years. 691
10291029 331.624 Contracts, grants, and contributions. —The 692
10301030 authority may make and enter into all contracts and agreements 693
10311031 necessary or incidental to the performance of the functions of 694
10321032 the authority and the execution of its powers; may co ntract 695
10331033 with, and accept and receive grants or loans of money, material, 696
10341034 or property from, any person, private or public, as the board 697
10351035 determines is necessary or desirable to carry out the purposes 698
10361036 of this part; and, in connection with any such contract, gr ant, 699
10371037 or loan, may stipulate and agree to such covenants, terms, and 700
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10461046 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10471047
10481048
10491049
10501050 conditions as the board deems appropriate. 701
10511051 331.625 Environmental permits. —The authority shall obtain 702
10521052 required environmental permits in accordance with federal and 703
10531053 state law and shall com ply with chapter 380. 704
10541054 331.628 Sovereign immunity. —As an independent special 705
10551055 district, the authority has sovereign immunity in the same 706
10561056 manner as the state under the laws and Constitution of the State 707
10571057 of Florida. The state, by this section, waives the sov ereign 708
10581058 immunity granted to the same extent as waived by the state under 709
10591059 state law. 710
10601060 331.630 Enforcement and penalties. —The board or any 711
10611061 aggrieved person may have recourse to such remedies in law and 712
10621062 equity as may be necessary to ensure compliance with thi s part, 713
10631063 including injunctive relief to enjoin or restrain any person 714
10641064 violating this part and any bylaws, resolutions, regulations, 715
10651065 rules, codes, or orders adopted under this part, and the court 716
10661066 shall, upon proof of such violation, issue such temporary and 717
10671067 permanent injunctions as are necessary to prevent further 718
10681068 violation thereof. If any building or structure is erected, 719
10691069 constructed, reconstructed, altered, repaired, converted, or 720
10701070 maintained, or any building, structure, land, or water is used, 721
10711071 in violation of this part or of any code, order, resolution, or 722
10721072 other regulation made under authority conferred by this part or 723
10731073 under law, the board may institute any appropriate action or 724
10741074 proceeding to prevent such unlawful erection, construction, 725
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10831083 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
10841084
10851085
10861086
10871087 reconstruction, alte ration, repair, conversion, maintenance, or 726
10881088 use; to restrain, correct, or avoid such violation; to prevent 727
10891089 the occupancy of such building, structure, land, or water; and 728
10901090 to prevent any illegal act, conduct, business, or use in or 729
10911091 about such premises, land, or water. 730
10921092 331.631 Revenue bonds. — 731
10931093 (1) Revenue bonds issued by the authority shall not be 732
10941094 deemed revenue bonds issued by the state or its agencies for 733
10951095 purposes of s. 11, Art. VII of the State Constitution and ss. 734
10961096 215.57-215.83. The authority shall incl ude in its annual report 735
10971097 to the Governor and Legislature, as provided in s. 331.610, a 736
10981098 summary of the status of existing and proposed bonding projects. 737
10991099 (2) The issuance of revenue bonds may be secured by or 738
11001100 payable from the gross or net pledge of the rev enues to be 739
11011101 derived from any project or combination of projects; from the 740
11021102 rates, fees, rentals, tolls, fares, assessments, or other 741
11031103 charges to be collected from the users of any project or 742
11041104 projects; from any revenue -producing undertaking or activity of 743
11051105 the authority; or from any source of pledged security other than 744
11061106 state appropriations. Such bonds are not secured by the full 745
11071107 faith and credit of the authority. Bonds issued by the authority 746
11081108 are not secured by the full faith and credit of the authority 747
11091109 and do not constitute an obligation, general or special, 748
11101110 thereof. 749
11111111 (3) Any two or more projects may be combined and 750
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11201120 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11211121
11221122
11231123
11241124 consolidated into a single project and may thereafter be 751
11251125 operated and maintained as a single project. The revenue bonds 752
11261126 authorized herein may be issued to finance any one or more such 753
11271127 projects separately, or to finance two or more such projects, 754
11281128 regardless of whether such projects have been combined and 755
11291129 consolidated into a single project. If the board deems it 756
11301130 advisable, the proceedings authorizing such revenue bonds may 757
11311131 provide that the authority may thereafter combine the projects 758
11321132 then being financed or theretofore financed with other projects 759
11331133 to be subsequently financed by the authority on a parity with 760
11341134 the revenue bonds then being issued, all on such terms, 761
11351135 conditions, and limitations as shall be provided, and may 762
11361136 further provide that the revenues to be derived from the 763
11371137 subsequent projects shall at the time of the issuance of such 764
11381138 parity revenue bonds be also pledged to the holders of any 765
11391139 revenue bonds theretofore issued to finance the revenue 766
11401140 undertakings that are later combined with such subsequent 767
11411141 projects. The authority may pledge for the security of the 768
11421142 revenue bonds a fixed amount without regard to any fixed 769
11431143 proportion of the gross revenues of any project. 770
11441144 331.632 Issuance of additional bonds. —If the proceeds of 771
11451145 any bonds are less than the cost of completing the project in 772
11461146 connection with which such bonds are issued, the board may 773
11471147 authorize the issuance of additional bonds, upon such terms and 774
11481148 conditions as the board may provide in the resolution 775
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11571157 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11581158
11591159
11601160
11611161 authorizing such issuance, but only in compliance with the 776
11621162 resolution or other proceedings authorizing the issuance of the 777
11631163 original bonds. 778
11641164 331.633 Refunding bonds. —The authority, through its board, 779
11651165 may issue bonds to provide for the retirement or refunding of 780
11661166 any bonds or obligations of the authority that at the time of 781
11671167 such issuance are, or subsequently thereto become, due and 782
11681168 payable, or that at the time of issuance have been called, or 783
11691169 are or will be subject to call, for redemption within 10 years 784
11701170 thereafter, or the surrender of which can be procured from the 785
11711171 holders thereof at prices satisfactory to the board. Refunding 786
11721172 bonds may be issued at any time when, in the judgment of the 787
11731173 board, such issuance will be advantageous to the authority. The 788
11741174 provisions of this part pertaining to bonds of the authority 789
11751175 shall, unless the context otherwise requires, govern the 790
11761176 issuance of refunding bonds, the form and other details thereof, 791
11771177 the rights of the holders thereof, and the duties of the board 792
11781178 with respect thereto. 793
11791179 331.635 Lien of pledges. —All pledges of revenues made 794
11801180 pursuant to this part shall be valid and binding from the time 795
11811181 such pledges are made. All such revenues so pledged and 796
11821182 thereafter collected shall immediately be subject to the lien of 797
11831183 such pledges without any physical delivery thereof or further 798
11841184 action, and the lien of such pledges shall be valid and binding 799
11851185 as against all parties having claims of any kind in tort, 800
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11941194 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11951195
11961196
11971197
11981198 contract, or otherwise against the authority, regardless of 801
11991199 whether such parties have notice thereof. 802
12001200 331.638 Trust agreements. —In the discretion of the board, 803
12011201 any issue of bonds may be secured by a trust agreement by and 804
12021202 between the authority and a corporate trustee, which m ay be any 805
12031203 trust company or bank having the powers of a trust company 806
12041204 within or outside the state. The resolution authorizing the 807
12051205 issuance of the bonds or such trust agreement may pledge the 808
12061206 revenues to be received from any projects of the authority and 809
12071207 any other authorized moneys to be used for the repayment of 810
12081208 bonds and may contain such provisions for protecting and 811
12091209 enforcing the rights and remedies of the bondholders as the 812
12101210 board may approve, including, without limitation, covenants 813
12111211 setting forth the duti es of the authority in relation to the 814
12121212 acquisition, planning, development, construction, 815
12131213 reconstruction, improvement, maintenance, repair, operation, and 816
12141214 insurance of any projects, the fixing and revision of the rates, 817
12151215 fees, rentals, tolls, fares, and char ges, and the custody, 818
12161216 safeguarding, and application of all moneys, and for the 819
12171217 employment of consulting engineers in connection with such 820
12181218 acquisition, planning, development, construction, 821
12191219 reconstruction, improvement, maintenance, repair, or operation. 822
12201220 It shall be lawful for any bank or trust company incorporated 823
12211221 under the laws of the state or the United States which may act 824
12221222 as a depository of the proceeds of bonds or of revenues to 825
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12311231 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12321232
12331233
12341234
12351235 furnish such indemnifying bonds or to pledge such securities as 826
12361236 required by the authority. Such resolution or trust agreement 827
12371237 may set forth the rights and remedies of the bondholders and of 828
12381238 the trustee, if any, and may restrict the individual right of 829
12391239 action by bondholders. The board may provide for the payment of 830
12401240 the proceeds of the sale of the bonds and the revenues of any 831
12411241 project to such officer, board, or depository as it may 832
12421242 designate for the custody thereof, and for the method of 833
12431243 disbursement thereof, with such safeguards and restrictions as 834
12441244 it may determine. All expenses inc urred in carrying out such 835
12451245 resolution or trust agreement may be treated as part of the cost 836
12461246 of the project to which such trust agreement pertains. 837
12471247 331.639 Sale of bonds. —Bonds may be sold in blocks or 838
12481248 installments at different times, or an entire issue o r series 839
12491249 may be sold at one time. Bonds may only be sold at public sale 840
12501250 after being advertised and publicly noticed, unless the 841
12511251 authority has previously complied with s. 218.385. Bonds may be 842
12521252 sold or exchanged for refunding bonds. Special assessment and 843
12531253 revenue bonds may be delivered as payment by the authority of 844
12541254 the purchase price or lease of any project or part thereof, or a 845
12551255 combination of projects or parts thereof, or as the purchase 846
12561256 price of, or exchange for, any property, real, personal, or 847
12571257 mixed, including franchises, or services rendered by any 848
12581258 contractor, engineer, or other person, all at one time or in 849
12591259 blocks from time to time, in such manner and upon such terms as 850
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12681268 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
12691269
12701270
12711271
12721272 the board in its discretion determines. The price or prices for 851
12731273 any bonds sold, exch anged, or delivered may be: 852
12741274 (1) The money paid for the bonds. 853
12751275 (2) The principal amount, plus accrued interest to date of 854
12761276 redemption or exchange, of outstanding obligations exchanged for 855
12771277 refunding bonds. 856
12781278 (3) In the case of special assessment or revenu e bonds, 857
12791279 the amount of any indebtedness to contractors or other persons 858
12801280 paid with such bonds, or the fair value of any properties 859
12811281 exchanged for the bonds, as determined by the board. 860
12821282 331.640 Authorization and form of bonds. —Bonds may be 861
12831283 authorized by resolution or resolutions of the board which are 862
12841284 adopted by a majority of all of the members thereof then in 863
12851285 office and present at the meeting at which the resolution or 864
12861286 resolutions are adopted and shall be approved as provided in s. 865
12871287 331.605. The resolution o r resolutions of the board may be 866
12881288 adopted at the same meeting at which they are introduced and 867
12891289 shall be published and noticed. The board may by resolution 868
12901290 authorize the issuance of bonds and determine the aggregate 869
12911291 amount of bonds to be issued, the purpose or purposes for which 870
12921292 the moneys derived therefrom shall be expended, the rate or 871
12931293 rates of interest, the denomination of the bonds, whether the 872
12941294 bonds are to be issued in one or more series, the date or dates 873
12951295 thereof, the date or dates of maturity, which s hall not exceed 874
12961296 30 years from their respective dates of issuance, the medium of 875
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13051305 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13061306
13071307
13081308
13091309 payment, the place or places within or without the state where 876
13101310 payment shall be made, registration privileges, redemption terms 877
13111311 and privileges, whether with or without premium, the manner of 878
13121312 execution, the form of the bonds including any interest coupons 879
13131313 to be attached thereto, the manner of execution of bonds and 880
13141314 coupons, and any and all other terms, covenants, and conditions 881
13151315 thereof, and the establishment of reserve or other f unds. Such 882
13161316 authorizing resolution may further provide that such bonds may 883
13171317 be executed manually or by engraved, lithographed, or facsimile 884
13181318 signature, provided that where signatures are engraved, 885
13191319 lithographed, or facsimile, a bond is not valid unless 886
13201320 countersigned by a registrar or other officer designated by 887
13211321 appropriate resolution of the board. The seal of the authority 888
13221322 may be affixed, lithographed, engraved, or otherwise reproduced 889
13231323 in facsimile on such bonds. If any officer whose signature or a 890
13241324 facsimile of whose signature appears on any bonds or coupons 891
13251325 ceases to be such officer before the delivery of such bonds, 892
13261326 such signature or facsimile is nevertheless valid and sufficient 893
13271327 for all purposes as if the officer had remained in office until 894
13281328 such delivery. 895
13291329 331.641 Interim certificates; replacement certificates. —896
13301330 Pending the preparation of definitive bonds, the board may issue 897
13311331 interim certificates or receipts or temporary bonds, in such 898
13321332 form and with such provisions as the board determines, 899
13331333 exchangeable for definitive bonds when such bonds have been 900
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13421342 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13431343
13441344
13451345
13461346 executed and are available for delivery. The board may also 901
13471347 provide for the replacement of any bonds that are mutilated, 902
13481348 lost, or destroyed. 903
13491349 331.642 Negotiability of bonds. —Any bond issued under this 904
13501350 part and any interim certificate, receipt, or temporary bond 905
13511351 shall, in the absence of an express recital on the face thereof 906
13521352 that it is nonnegotiable, be fully negotiable and shall be and 907
13531353 constitute negotiable instruments within the meaning and for all 908
13541354 purposes of the law merchant and the laws of the State of 909
13551355 Florida. 910
13561356 331.643 Defeasance. —The board may make such provision with 911
13571357 respect to the defeasance of the right, title, and interest of 912
13581358 the holders of any of the bonds and obligations of the authority 913
13591359 in any revenues, funds, or other properties by which such bonds 914
13601360 are secured as the board deems appropriate and, without 915
13611361 limitation on the foregoing, may provide that when such bonds or 916
13621362 obligations become due and payable or have been called for 917
13631363 redemption, and the whole am ount of the principal and the 918
13641364 interest and premium, if any, due and payable upon the bonds or 919
13651365 obligations when outstanding are paid, or sufficient moneys or 920
13661366 direct obligations of the United States Government the principal 921
13671367 of and the interest on which, when due, will provide sufficient 922
13681368 moneys, are held or deposited in trust for such purpose, and 923
13691369 provision shall also be made for paying all other sums payable 924
13701370 in connection with such bonds or other obligations, then the 925
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13791379 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
13801380
13811381
13821382
13831383 right, title, and interest of the holders of the bonds in any 926
13841384 revenues, funds, or other properties by which such bonds are 927
13851385 secured shall thereupon cease, terminate, and become void. The 928
13861386 board may apply any surplus in any sinking fund established in 929
13871387 connection with such bonds or obligations and al l balances 930
13881388 remaining in all other funds or accounts other than money held 931
13891389 for the redemption or payment of the bonds or other obligations 932
13901390 to any lawful purpose of the authority as the board determines. 933
13911391 331.644 Bonds as legal investment or security. —934
13921392 Notwithstanding any other provision of law to the contrary, all 935
13931393 bonds issued under this part shall constitute legal investments 936
13941394 for savings banks, banks, trust companies, insurance companies, 937
13951395 executors, administrators, trustees, guardians, and other 938
13961396 fiduciaries, and for any board, body, agency, instrumentality, 939
13971397 county, municipality, or other political subdivision of the 940
13981398 state, and shall constitute securities that may be deposited by 941
13991399 banks or trust companies as security for deposits of state, 942
14001400 county, municipal, o r other public funds or by insurance 943
14011401 companies as required or voluntary statutory deposits. 944
14021402 331.645 Covenants.—Any resolution authorizing the issuance 945
14031403 of bonds may contain such covenants as the board deems 946
14041404 advisable, and all such covenants shall constitu te valid, 947
14051405 legally binding, and enforceable contracts between the authority 948
14061406 and the bondholders, regardless of the time of issuance thereof. 949
14071407 Such covenants may include, without limitation, covenants 950
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14161416 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14171417
14181418
14191419
14201420 concerning the disposition of the bond proceeds, the use a nd 951
14211421 disposition of project revenues, the pledging of revenues and 952
14221422 assessments, the obligations of the authority with respect to 953
14231423 the operation of the project and the maintenance of adequate 954
14241424 project revenues, the issuance of additional bonds, the 955
14251425 appointment, powers, and duties of trustees and receivers, the 956
14261426 acquisition of outstanding bonds and obligations, restrictions 957
14271427 on the establishment of competing projects or facilities, 958
14281428 restrictions on the sale or disposal of the assets and property 959
14291429 of the authority, th e priority of assessment liens, the priority 960
14301430 of claims by bondholders on the taxing power of the authority, 961
14311431 the maintenance of deposits to ensure the payment of revenues by 962
14321432 users of spaceport facilities and services, the discontinuance 963
14331433 of authority service s by reason of delinquent payments, 964
14341434 acceleration upon default, the execution of necessary 965
14351435 instruments, the procedure for amending or abrogating covenants 966
14361436 with the bondholders, and such other covenants as may be deemed 967
14371437 necessary or desirable for the securit y of the bondholders. 968
14381438 331.646 Validity of bonds; validation proceedings. —Any 969
14391439 bonds issued by the authority shall be incontestable in the 970
14401440 hands of bona fide purchasers or holders for value and shall not 971
14411441 be invalid because of any irregularity or defect in the 972
14421442 proceedings for the issue and sale thereof. Before the issuance 973
14431443 of any bonds, the authority shall publish a notice at least once 974
14441444 in a newspaper or newspapers published or of general circulation 975
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14531453 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14541454
14551455
14561456
14571457 in the appropriate county or counties in the state, statin g the 976
14581458 date of adoption of the resolution authorizing such obligations, 977
14591459 the amount, maximum rate of interest, and maturity of such 978
14601460 obligations, and the purpose in general terms for which such 979
14611461 obligations are to be issued, and further stating that any 980
14621462 action or proceeding questioning the validity of such 981
14631463 obligations or of the proceedings authorizing the issuance 982
14641464 thereof, or of any covenants made therein, must be instituted 983
14651465 within 20 days after the first publication of such notice, or 984
14661466 the validity of such obli gations, proceedings, and covenants 985
14671467 shall not be thereafter questioned in any court. If no such 986
14681468 action or proceeding is instituted within such 20 -day period, 987
14691469 the validity of such obligations, proceedings, and covenants 988
14701470 shall be conclusive, and all persons or parties shall be forever 989
14711471 barred from questioning the validity of such obligations, 990
14721472 proceedings, or covenants in any court. Alternatively, the 991
14731473 authority may validate its bonds pursuant to chapter 75. 992
14741474 331.647 Part furnishes full authority for issuance o f 993
14751475 bonds.—This part constitutes full and complete authority for the 994
14761476 issuance of bonds and the exercise of the powers of the 995
14771477 authority provided in this part. Any and all bonds issued by the 996
14781478 authority shall not be secured by the full faith and credit of 997
14791479 the state and do not constitute an obligation, general or 998
14801480 special, of the state. 999
14811481 331.648 Investment of funds. —The board may in its 1000
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14901490 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
14911491
14921492
14931493
14941494 discretion invest funds of the authority through the Chief 1001
14951495 Financial Officer or in: 1002
14961496 (1) Direct obligations of or obligations g uaranteed by the 1003
14971497 United States or for the payment of the principal and interest 1004
14981498 of which the faith and credit of the United States is pledged. 1005
14991499 (2) Bonds or notes issued by any of the following federal 1006
15001500 agencies: 1007
15011501 (a) Bank for Cooperatives. 1008
15021502 (b) Federal intermediate credit banks. 1009
15031503 (c) Federal home loan bank system. 1010
15041504 (d) Federal land banks. 1011
15051505 (e) Federal National Mortgage Association, including 1012
15061506 debentures or participating certificates issued by such 1013
15071507 association. 1014
15081508 (3) Public housing bonds issued by publi c housing 1015
15091509 authorities and secured by a pledge or annual contributions 1016
15101510 under an annual contribution contract or contracts with the 1017
15111511 United States. 1018
15121512 (4) Bonds or other interest -bearing obligations of any 1019
15131513 county, district, city, or town located in the state f or which 1020
15141514 the full faith and credit of such political subdivision is 1021
15151515 pledged. 1022
15161516 (5) Any investment authorized for insurers by ss. 625.306 -1023
15171517 625.316 and any amendments thereto. 1024
15181518 (6) Any investment authorized under s. 17.57 and any 1025
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15271527 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15281528
15291529
15301530
15311531 amendments thereto. 1026
15321532 331.649 Fiscal year of authority. —The board may establish 1027
15331533 and from time to time redetermine the fiscal year of the 1028
15341534 authority. Unless the board otherwise provides, the authority's 1029
15351535 fiscal year shall be July 1 through June 30. 1030
15361536 331.650 Insurance coverage of author ity; safety program. — 1031
15371537 (1) Notwithstanding any other provision of law, the State 1032
15381538 Risk Management Trust Fund established under s. 284.30 may not 1033
15391539 insure buildings and property owned or leased by the authority. 1034
15401540 (2) Notwithstanding any other provision of law, the State 1035
15411541 Risk Management Trust Fund established under s. 284.30 may not 1036
15421542 insure against any liability of the authority. 1037
15431543 (3) The authority shall establish a safety program. The 1038
15441544 safety program shall include: 1039
15451545 (a) Development and implementation of a l oss prevention 1040
15461546 program which shall consist of a comprehensive safety program 1041
15471547 for the authority, including a statement, established by the 1042
15481548 board, of safety policy and responsibility. 1043
15491549 (b) Provision for regular and periodic facility and 1044
15501550 equipment inspection s. 1045
15511551 (c) Investigation of job -related employee accidents and 1046
15521552 other accidents occurring on the premises of the authority or 1047
15531553 within areas of its jurisdiction. 1048
15541554 (d) Establishment of a program to promote increased safety 1049
15551555 awareness among employees, agents, and subcontractors of the 1050
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15641564 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
15651565
15661566
15671567
15681568 authority. 1051
15691569 (4)(a) The authority shall, if available, secure insurance 1052
15701570 coverage within reasonable limits for liability that may arise 1053
15711571 as a consequence of its responsibilities. 1054
15721572 (b) The authority shall, if available and cost -effective, 1055
15731573 secure reasonable levels of insurance coverage on its buildings, 1056
15741574 facilities, and property. 1057
15751575 (c) The authority, with respect to the purchase of 1058
15761576 insurance, shall be subject to the applicable provisions of 1059
15771577 chapter 287 and other applicable law. 1060
15781578 331.651 Participation by women, minorities, and socially 1061
15791579 and economically disadvantaged business enterprises encouraged. —1062
15801580 It is the intent of the Legislature and the public policy of 1063
15811581 this state that women, minorities, and socially and economically 1064
15821582 disadvantaged business enterprises be encouraged to participate 1065
15831583 fully in all phases of economic and community development. 1066
15841584 Accordingly, to achieve such purpose, the authority shall, in 1067
15851585 accordance with applicable state and federal law, involve and 1068
15861586 utilize women, minorities, and socially and economically 1069
15871587 disadvantaged business enterprises in all phases of the design, 1070
15881588 development, construction, maintenance, and operation of 1071
15891589 spaceports developed under this part. 1072
15901590 331.654 Tax exemption. —The exercise of the powers granted 1073
15911591 by this part in all respects shall be for the benefit of the 1074
15921592 people of the state, for the increase of their industry and 1075
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16011601 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
16021602
16031603
16041604
16051605 prosperity, for the improvement of their health and living 1076
16061606 conditions, and for the provision of gainful employment and 1077
16071607 shall constitute the p erformance of essential public functions. 1078
16081608 The authority is not required to pay any taxes on any project or 1079
16091609 any other property owned by the authority under this part or on 1080
16101610 the income therefrom. The bonds issued under this part or on the 1081
16111611 income therefrom, in cluding any profit made on the sale thereof, 1082
16121612 and all notes, mortgages, security agreements, letters of 1083
16131613 credit, or other instruments that arise out of or are given to 1084
16141614 secure the repayment of bonds issued in connection with a 1085
16151615 project financed under this part shall at all times be free from 1086
16161616 taxation by the state or any local unit, political subdivision, 1087
16171617 or other instrumentality of the state. However, this section 1088
16181618 does not exempt from taxation or assessments the leasehold 1089
16191619 interest of a lessee in any project or any other property or 1090
16201620 interest owned by the lessee. The exemption granted by this 1091
16211621 section is not applicable to any tax imposed by chapter 220 on 1092
16221622 interest, income, or profits on debt obligations owned by 1093
16231623 corporations. 1094
16241624 331.655 Use of name; ownership rights to intellectual 1095
16251625 property.— 1096
16261626 (1)(a) The corporate name of a corporation incorporated or 1097
16271627 authorized to transact business in this state, or the name of 1098
16281628 any person or business entity transacting business in this 1099
16291629 state, may not use the words "Northeast Florid a Regional 1100
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16381638 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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16421642 Spaceport Authority" in its name unless the board gives written 1101
16431643 approval for such use. 1102
16441644 (b) The Department of State may dissolve, pursuant to s. 1103
16451645 607.1420, any corporation that violates paragraph (a). 1104
16461646 (2) Notwithstanding any provision of chapt er 286, the 1105
16471647 legal title and every right, interest, claim, or demand of any 1106
16481648 kind in and to any patent, trademark, copyright, certification 1107
16491649 mark, or other right acquired under the patent and trademark 1108
16501650 laws of the United States or this state or any foreign co untry, 1109
16511651 or the application for the same, as is owned or held, acquired, 1110
16521652 or developed by the authority, under the authority and 1111
16531653 directions given it by this part, is vested in the authority for 1112
16541654 the use, benefit, and purposes provided in this part. The 1113
16551655 authority is vested with and may exercise any and all of the 1114
16561656 normal incidents of such ownership, including the receipt and 1115
16571657 disposition of royalties. Any sums received as royalties from 1116
16581658 any such rights are appropriated to the authority for any and 1117
16591659 all of the purposes and uses provided in this part. 1118
16601660 331.660 Joint participation agreement or assistance; 1119
16611661 spaceport master plan. — 1120
16621662 (1) Notwithstanding any other provision of law, the 1121
16631663 Department of Transportation may enter into a joint 1122
16641664 participation agreement with, or ot herwise assist, the authority 1123
16651665 as necessary to effectuate this part and may allocate funds for 1124
16661666 such purposes in its 5 -year work program. However, the 1125
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16681668 HB 1303 2022
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16751675 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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16791679 department may not fund the administrative or operational costs 1126
16801680 of the authority. 1127
16811681 (2) The authority shall develop a spaceport master plan 1128
16821682 for expansion and modernization of space transportation 1129
16831683 facilities within the region. The plan shall contain recommended 1130
16841684 projects to meet current and future commercial, national, and 1131
16851685 state space transportation requirements. The authority shall 1132
16861686 submit the plan to any appropriate metropolitan planning 1133
16871687 organization for review of intermodal impacts. The authority 1134
16881688 shall submit the plan to the Department of Transportation, and 1135
16891689 such plan may be included within the department's 5 -year work 1136
16901690 program of qualifying commercial sector launch and spaceport 1137
16911691 discretionary capacity improvement under subsection (3). The 1138
16921692 plan shall identify appropriate funding levels and include 1139
16931693 recommendations on appropriate sources of revenue that may be 1140
16941694 developed to contribute to the State Transportation Trust Fund. 1141
16951695 (3) Subject to the availability of appropriated funds, the 1142
16961696 department may participate in the capital cost of eligible 1143
16971697 spaceport discretionary capacity improvement projects. The 1144
16981698 annual legislative budget request shall be based on the proposed 1145
16991699 funding requested for approved spaceport discretionary capacity 1146
17001700 improvement projects. 1147
17011701 331.661 Construction. —This part supersedes any general or 1148
17021702 special act that is inconsistent with this part to the extent o f 1149
17031703 such inconsistency. 1150
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17051705 HB 1303 2022
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17121712 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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17161716 Section 2. This act shall take effect July 1, 2022. 1151