HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 1 of 47
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
A bill to be entitled 1
An act relating to the Northeast Florida Regional 2
Spaceport Authority; creating part IV of chapter 331, 3
F.S.; providing a short title; providing legislative 4
findings and intent; creating the Northeast Florida 5
Regional Spaceport Authority; providing purpose and 6
responsibilities of the authority; prohibiting the 7
authority from endorsing a candidate for public 8
office; providing that the authority does not meet a 9
specified definition of the term "agency"; providing 10
applicability of certain provisions; providing 11
definitions; specifying authority territory; providing 12
powers of the authority; requiring the authority to 13
file a federal notification to activate certain 14
airspace; providing membership requirements and terms 15
of the authority's board of directors; requiri ng 16
members to file a statement of financial interests; 17
requiring the board to designate a treasurer; 18
authorizing the board to select depositories and 19
employ a fiscal agent and providing requirements 20
therefor; providing powers and duties of the board; 21
providing requirements for the exercise of powers; 22
authorizing the authority to construct projects, 23
furnish facilities and services, and collect charges 24
within the regional spaceport; providing powers of the 25
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 2 of 47
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
authority relating to certain roads; providing for 26
recovery of certain costs by the authority; 27
authorizing the board to enter into certain contracts; 28
authorizing the board to shut off and discontinue 29
services and facilities under certain circumstances; 30
authorizing the authority to receive certain moneys 31
and properties; requiring compliance with laws 32
relating to the expenditure of federal moneys; 33
authorizing the board to enter into contracts with 34
municipalities for the performance of common powers, 35
duties, and functions; authorizing the state and its 36
political subdivisions to enter into certain 37
cooperative agreements with the authority; providing 38
the term of such agreements; providing powers of the 39
authority relating to contracts, grants, and 40
contributions; requiring compliance with certain 41
environmental provis ions; providing for sovereign 42
immunity; providing legal remedies for certain 43
violations; providing for bond issuance, lien of 44
pledges, and trust agreements; providing for the sale, 45
authorization, and form of bonds; authorizing issuance 46
of interim or replac ement bond certificates; 47
specifying negotiability of bonds; granting certain 48
authority to the board regarding defeasance of the 49
right, title, and interest of bondholders; specifying 50
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 3 of 47
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
that bonds constitute legal investments or securities; 51
authorizing a resolution for the issuance of bonds to 52
contain certain covenants; providing procedures for 53
the validation of bonds; specifying that full 54
authority for bond issuance and exercise of powers 55
rests with the authority; providing that bonds do not 56
constitute an obligation of the state; authorizing the 57
board to make certain investments; establishing the 58
fiscal year of the authority; providing insurance and 59
safety program requirements; requiring the authority 60
to involve women, minorities, and disadvantaged 61
business enterprises in the development and operation 62
of spaceports; exempting the authority from certain 63
taxes; prohibiting a person or business entity from 64
using the name of the authority without written 65
approval; authorizing the Department of State to 66
dissolve an entity in violation of such prohibition; 67
specifying authority ownership of rights to 68
intellectual property; authorizing the Department of 69
Transportation to enter into a joint participation 70
agreement with the authority for certain purposes; 71
requiring the authority to develop a spaceport master 72
plan for submission to the department and metropolitan 73
planning organizations; authorizing the department to 74
participate in the capital cost of certain projects 75
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 4 of 47
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
using available funds; providing construction; 76
providing an effective date. 77
78
Be It Enacted by the Legislature of the State of Florida: 79
80
Section 1. Part IV of chapter 331, Florida Statutes, 81
consisting of sections 331.601 through 331.661, is created to 82
read: 83
PART IV 84
NORTHEAST FLORIDA REGIONAL SPACEPORT AUTH ORITY 85
331.601 Short title. —This part may be cited as the 86
"Northeast Florida Regional Spaceport Authority Act." 87
331.6011 Legislative findings and intent. — 88
(1) The Legislature finds and declares that the commercial 89
aerospace industry of this state is i ntegral to the state's 90
long-term success in diversifying its economy and building a 91
knowledge-based economy that is able to support the creation of 92
high-value-added businesses and jobs. 93
(2) The Legislature finds that attaining this vision 94
requires a strong public and private commitment to the 95
commercial aerospace industry. It is the intent of the 96
Legislature to improve the regulatory flexibility for commercial 97
aerospace launches and the development of sites for commercial 98
aerospace launches and related re search and development. 99
(3) Clay, Duval, and Nassau Counties have ideal geographic 100
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 5 of 47
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
spaceport attributes, including access to multiple orbits, 101
proximity to water for launch activities, existing facilities 102
and infrastructure for recovery activities, proxim ity to 103
multiple channels of intermodal transportation infrastructure, 104
access to multiple sources of fuel and power generation, and 105
quality-of-life factors attractive to human capital. 106
(4) It is the intent of the Legislature that commercial 107
aerospace activities in Northeast Florida be coordinated by the 108
Northeast Florida Regional Spaceport Authority and that, 109
notwithstanding any other provision of law, the Northeast 110
Florida Regional Spaceport Authority be an independent point of 111
contact for commercial aero space activities with federal 112
agencies, the military, state agencies, businesses, and the 113
private sector. 114
331.602 Northeast Florida Regional Spaceport Authority; 115
creation; purpose.— 116
(1) There is created the Northeast Florida Regional 117
Spaceport Authority, which is created as an independent special 118
district, a body politic and corporate, and a subdivision of the 119
state, to foster the growth and development of a sustainable 120
commercial aerospace industry in Northeast Florida. The 121
Northeast Florida Regional S paceport Authority shall promote 122
commercial aerospace business development by facilitating 123
business financing, spaceport operations, research and 124
development, local workforce development, and innovative local 125
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 6 of 47
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
education programs. The Northeast Florida Regio nal Spaceport 126
Authority has all the powers, rights, privileges, and authority 127
as provided under the laws of this state. 128
(2) In carrying out its duties and responsibilities, the 129
Northeast Florida Regional Spaceport Authority shall advise, 130
coordinate, cooperate, and, when necessary, enter into memoranda 131
of agreement with municipalities, counties, regional 132
authorities, state agencies and organizations both within and 133
outside Florida, appropriate federal agencies and organizations, 134
and other interested person s and groups. 135
(3) The Northeast Florida Regional Spaceport Authority may 136
not endorse any candidate for any elected public office or 137
contribute money to the campaign of any candidate for public 138
office. 139
(4) The Northeast Florida Regional Spaceport Authority is 140
not an agency as defined in s. 216.011(1)(qq) or s. 287.012. 141
(5) The Northeast Florida Regional Spaceport Authority is 142
subject to applicable provisions of chapter 189, including, but 143
not limited to, s. 189.051. To the extent that any provisi ons of 144
chapter 189 conflict with this part, this part shall prevail. 145
331.603 Definitions. —As used in this part, the term: 146
(1) "Aerospace" means the industry that designs and 147
manufactures aircraft, rockets, missiles, spacecraft, 148
satellites, space vehicl es, space stations, space facilities or 149
components thereof, and equipment, systems, facilities, 150
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 7 of 47
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
simulators, programs, and related activities, including, but not 151
limited to, the application of aerospace technologies in air -152
based, land-based, and sea-based platforms for commercial, 153
civil, and defense purposes. 154
(2) "Authority" means the Northeast Florida Regional 155
Spaceport Authority. 156
(3) "Board" or "board of directors" means the governing 157
body of the Northeast Florida Regional Spaceport Authority. 158
(4) "Bonds" means revenue bonds or other evidences of 159
indebtedness, including bank loans, issued by the authority for 160
the purpose of financing its projects. 161
(5) "Financing agreement" means a lease, lease -purchase 162
agreement, lease with option to purchase, sale or installment 163
sale agreement, whether title passes in whole or in part at any 164
time before, at, or after completion of the project, loan 165
agreement, or other agreement forming the basis for the 166
financing under this part, including any agreements, guarantees , 167
or security instruments forming part of or related to providing 168
assurance of payment of the obligations under the financing 169
agreement. 170
(6) "Landing area" means the geographical area designated 171
by the authority for or intended for the landing and surfac e 172
maneuvering of any launch vehicle or other space vehicle. 173
(7) "Launch pad" means any launch pad, runway, airstrip, 174
or similar facility used for launching space vehicles. 175
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 8 of 47
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
(8) "Launch support facilities" means facilities that are 176
located at launch site s or launch ranges that are required to 177
support launch activities, including launch vehicle assembly, 178
launch vehicle operations and control, communications, and 179
flight safety functions, as well as payload operations, control, 180
and processing. 181
(9) "Payload" means any property or cargo to be 182
transported aboard any vehicle launched by or from a spaceport. 183
(10) "Person" means any individual, community college, 184
college, university, firm, association, joint venture, 185
partnership, estate, trust, business trust, syndicate, 186
fiduciary, corporation, nation, federal, state, or local 187
government, government or nongovernment agency, subdivision of 188
the state, municipality, county, business entity, or any other 189
group or combination thereof. 190
(11) "Project" means any activ ity associated with any 191
development, improvement, property, launch, utility, facility, 192
system, works, road, sidewalk, enterprise, service, or 193
convenience, which may include coordination with federal and 194
state partners or agencies; any rocket, capsule, modu le, launch 195
facility, assembly facility, operations or control facility, 196
tracking facility, administrative facility, or any other type of 197
aerospace-related transportation vehicle, station, or facility; 198
any type of equipment or instrument to be used or usefu l in 199
connection with any of the foregoing; any type of intellectual 200
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 9 of 47
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
property and intellectual property protection in connection with 201
any of the foregoing, including, without limitation, any patent, 202
copyright, trademark, or service mark for, among other thi ngs, 203
computer software; any water, wastewater, gas, or electric 204
utility system, plant, or distribution or collection system; any 205
small business incubator initiative, including any startup 206
aerospace company and any aerospace business proposing to expand 207
or locate its business in this state; any research and 208
development company, research and development facility, 209
education and workforce training facility, storage facility, or 210
consulting service; or any tourism initiative, including any 211
space experience attrac tion, microgravity flight program, 212
aerospace launch-related activity, or space museum sponsored or 213
promoted by the authority. 214
(12) "Range" means the geographical area designated by the 215
authority or another appropriate body as the area for the 216
launching of rockets, missiles, launch vehicles, and other 217
vehicles designed to reach high altitude. 218
(13) "Recovery" means the recovery of space vehicles and 219
payloads that have been launched from or by a spaceport. 220
(14) "Region" means Clay, Duval, and Nassau Coun ties. 221
(15) "Regional spaceport" means the geographical area 222
designated in s. 331.604 as may be amended from time to time. 223
(16) "Spaceport" means any area of land or water, or any 224
manmade object or facility located therein, which area is 225
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 10 of 47
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
intended for public use or for the launching, takeoff, and 226
landing of spacecraft and aircraft, and includes any appurtenant 227
areas that are used or intended for public use, for spaceport 228
buildings, or for other spaceport facilities, launch support 229
facilities, spaceport pr ojects, or rights-of-way. 230
(17) "Spaceport discretionary capacity improvement 231
projects" means capacity improvements that enhance space 232
transportation capacity at spaceports that have had one or more 233
orbital or suborbital flights during the previous calend ar year 234
or have an agreement in writing for installation of one or more 235
regularly scheduled orbital or suborbital flights upon the 236
commitment of funds for stipulated spaceport capital 237
improvements. 238
(18) "Spaceport user" means any person who uses the 239
facilities or services of any spaceport. For the purposes of any 240
exemptions or rights granted under this part, a person shall be 241
deemed a spaceport user only during the time period in which the 242
person has in effect a contract, memorandum of understanding, or 243
agreement with the spaceport, and such rights and exemptions 244
shall be granted with respect to transactions relating only to 245
spaceport projects. 246
331.604 Regional spaceport territory. —The following 247
property shall constitute the authority's regional spacepor t 248
territory: 249
(1) Real property located in Duval County which is 250
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 11 of 47
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
included within the boundaries of Cecil Airport and Cecil 251
Commerce Center and any other real property designated by the 252
Jacksonville City Council. Notwithstanding any other provision 253
of law, the spaceport facilities and projects owned and 254
administered by the Jacksonville Airport Authority will become 255
the property and responsibility of the authority upon this part 256
becoming law. 257
(2) Real property located in Nassau County as designated 258
by the Nassau County Board of County Commissioners. 259
(3) Real property located in Clay County as designated by 260
the Clay County Board of County Commissioners. 261
(4) Real property within Duval, Nassau, and Clay Counties 262
which is licensed by the Federal Aviation Ad ministration as a 263
spaceport. 264
331.605 Powers of authority. —The authority may: 265
(1) Sue and be sued by its name in any court of law or in 266
equity. 267
(2) Adopt and use a corporate seal and alter the same at 268
pleasure. 269
(3) Conduct its affairs, carry on its operations, and have 270
offices and exercise the powers granted by this part in any 271
state, territory, district, or possession of the United States 272
or any foreign country. 273
(4) Acquire, enjoy, use, and dispose of patents, 274
copyrights, and trademarks and any li censes and other rights or 275
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 12 of 47
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
interests under or in such licenses. 276
(5) Purchase, take, receive, subscribe for, or otherwise 277
acquire, own, hold, vote on, use, employ, sell, mortgage, lend, 278
pledge, or otherwise dispose of and otherwise use and deal in 279
and with shares and other interests in, or obligations of, other 280
domestic or foreign corporations, whether for profit or not for 281
profit, associations, partnerships, or individuals, or direct or 282
indirect obligations of the United States or of any other 283
government, state, territory, governmental district, or 284
municipality, or of any instrumentality of such governmental 285
units. 286
(6) Lend money for its purposes, invest and reinvest its 287
funds, and take and hold real and personal property as security 288
for the payment of f unds loaned. 289
(7) Have and exercise all powers necessary or convenient 290
to effect any or all of the purposes for which it is organized. 291
(8) Acquire property, real, personal, intangible, 292
tangible, or mixed, within or without its territorial limits, in 293
fee simple or any lesser interest or estate, by purchase, gift, 294
devise, or lease, on such terms and conditions as the board may 295
deem necessary or desirable, and sell or otherwise dispose of 296
the same and of any of the assets and properties of the 297
authority. 298
(9) Make and execute any and all contracts and other 299
instruments necessary or convenient to the exercise of its 300
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 13 of 47
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
powers, including financing agreements with persons or spaceport 301
users to facilitate the financing, construction, leasing, or 302
sale of any project. 303
(10) Whenever deemed necessary by the board, lease as 304
lessor or lessee to or from any person, public or private, any 305
facilities or property for the use of the authority and carry 306
out any of the purposes of the authority. 307
(11) Own, acquire, construct , develop, create, 308
reconstruct, equip, operate, maintain, extend, and improve 309
launch pads, landing areas, ranges, payload assembly buildings, 310
payload processing facilities, laboratories, aerospace business 311
incubators, launch vehicles, payloads, space fligh t hardware, 312
facilities and equipment for the construction of payloads, space 313
flight hardware, rockets, and other launch vehicles, and other 314
spaceport facilities and other aerospace -related systems, 315
including educational, cultural, and parking facilities an d 316
aerospace-related initiatives. 317
(12) Own, acquire, construct, reconstruct, equip, operate, 318
maintain, extend, or improve transportation facilities 319
appropriate to meet the transportation requirements of the 320
authority and activities conducted within the re gional 321
spaceport. 322
(13) Own, acquire, construct, reconstruct, equip, operate, 323
maintain, extend, or improve electric power plants, transmission 324
lines and related facilities, gas mains and facilities of any 325
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 14 of 47
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
nature for the production or distribution of natur al gas, and 326
transmission lines and related facilities for the generation and 327
transmission of power through traditional, new, and experimental 328
sources of power and energy; purchase electric power, natural 329
gas, and other sources of power for distribution wit hin any 330
spaceport territory; develop and operate water and sewer systems 331
and waste collection and disposal consistent with chapter 88 -332
130, Laws of Florida; and develop and operate such new and 333
experimental public utilities, including, but not limited to, 334
centrally distributed heating and air -conditioning facilities 335
and services, closed -circuit television systems, and computer 336
services and facilities, as the board determines. However, the 337
authority may not construct any system, work, project, or 338
utility authorized to be constructed under this subsection if a 339
system, work, project, or utility of a similar character is 340
being actually operated by a municipality or private company in 341
the municipality or territory adjacent thereto unless such 342
municipality or priva te company consents to such construction. 343
(14) Subject to the rules and regulations of the 344
appropriate water management district, own, acquire, construct, 345
reconstruct, equip, maintain, operate, extend, and improve water 346
and flood control facilities. The authority may receive moneys, 347
disbursements, and assistance from the state available to flood 348
control or water management districts and navigation districts 349
or agencies. 350
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 15 of 47
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
(15) Own, acquire, construct, reconstruct, equip, 351
maintain, operate, extend, and imp rove public safety facilities 352
for the regional spaceport, including security stations, 353
security vehicles, fire stations, water mains and plugs, and 354
fire trucks and other vehicles and equipment; hire employees, 355
security officers, and firefighters; and under take such works 356
and construct such facilities determined by the board to be 357
necessary or desirable to promote and ensure public safety 358
within the regional spaceport. 359
(16) Hire, through the chair of its board of directors, a 360
safety officer with substantia l experience in public safety 361
procedures and programs for space vehicle launching and related 362
hazardous operations. The safety officer shall monitor and 363
report on the safety and hazards of ground -based space 364
operations to the chair. 365
(17) Examine, develop , and use new concepts, designs, and 366
ideas; own, acquire, construct, reconstruct, equip, operate, 367
maintain, extend, and improve experimental spaceport facilities 368
and services; and otherwise undertake, sponsor, finance, and 369
maintain such research activities , experimentation, and 370
development as the board determines, in connection with any of 371
the projects that the authority is authorized to undertake 372
pursuant to the powers and authority vested in it by this part, 373
in order to promote the development and use of new concepts, 374
designs, and ideas in the fields of space exploration, 375
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 16 of 47
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
commercialization of the space industry, and spaceport 376
facilities. 377
(18) Issue revenue bonds or other evidences of 378
indebtedness, including bank loans, authorized by this part or 379
any other law and pay all or part of the cost of the 380
acquisition, construction, reconstruction, extension, repair, 381
improvement, or maintenance of any project or combination of 382
projects, including environmental mitigation, payloads and space 383
flight hardware, and eq uipment for research, development, and 384
educational activities, to provide for any facility, service, or 385
other activity of the authority, and provide for the retirement 386
or refunding of any bonds or obligations of the authority, or 387
for any combination of the foregoing purposes. 388
(19) In connection with any financing agreement, fix and 389
collect fees, loan payments, rental payments, and other charges 390
for the use of any project in such amount as to provide 391
sufficient moneys to pay the principal of and interest o n bonds 392
as they become due and payable, if so provided in the bond 393
resolution or trust agreement, and to create reserves for such 394
purposes. The fees, loan payments, rental payments, and other 395
charges and all other revenues and proceeds derived from the 396
project in connection with which the bonds are issued, except 397
such part thereof necessary for reserves or any expenditures 398
provided in the resolution authorizing the issuance of the bonds 399
or in the trust agreement securing the bonds, shall be set 400
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 17 of 47
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
aside, at the time specified in the resolution or trust 401
agreement, in a sinking fund that may be pledged to and charged 402
with the payment of the principal of and the interest on such 403
bonds as they become due and the redemption price or the 404
purchase price of bonds retir ed by call or purchase as provided 405
therein. Such pledge is valid and binding from the time the 406
pledge is made. The fees, loan payments, rental payments, other 407
charges, and all other revenues and proceeds so pledged and 408
thereafter received by or on behalf o f the authority shall 409
immediately be subject to the lien of any such pledge without 410
any physical delivery thereof or further act, and the lien of 411
any such pledge is valid and binding as against all parties 412
having claims of any kind in tort, contract, or ot herwise 413
against the authority, regardless of whether such parties have 414
notice thereof. The resolution or any trust agreement by which a 415
pledge is created need not be filed or recorded, except in the 416
records of the authority. The use and disposition of mone y to 417
the credit of the sinking fund shall be subject to the 418
provisions of the resolution authorizing the issuance of such 419
bonds or the provisions of such trust agreement. 420
331.606 Federal airspace notification. —In accordance with 421
Federal Aviation Administ ration procedures, the authority shall 422
file the appropriate federal notification to activate special 423
use airspace in support of its launch operations. 424
331.6081 Board of directors. —The authority shall be 425
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 18 of 47
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
governed by a nine-member independent board of dire ctors that 426
consists of three members appointed by the Governor and 427
confirmed by the Senate, three members appointed by the Mayor of 428
the City of Jacksonville and confirmed by the Jacksonville City 429
Council, two members appointed by the Clay County Board of 430
County Commissioners, and one member appointed by the Nassau 431
County Board of County Commissioners. At least one of the three 432
members appointed by the Governor must be a resident and 433
qualified elector of Clay County, Duval County, or Nassau 434
County. Each of the six members not appointed by the Governor 435
must be a resident and qualified elector of the county from 436
which he or she is appointed. Each member shall serve a term of 437
4 years beginning on June 1 of the year in which he or she is 438
appointed and shall hold office until a successor has been 439
appointed and has qualified. A vacancy on the board shall be 440
filled for the remainder of the unexpired term in the same 441
manner as the original appointment. Any member appointed to the 442
board for two consecutive full terms i s not eligible for 443
appointment to the next succeeding term. The board shall 444
annually designate one of its members as chair, one of its 445
members as vice chair, and one of its members as secretary. The 446
members of the board are not entitled to compensation but shall 447
be reimbursed for travel expenses or other expenses actually 448
incurred in their duties as provided by law. Five voting members 449
of the board shall constitute a quorum, and a resolution adopted 450
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 19 of 47
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
by the board may not become effective without the affirmat ive 451
vote of at least five members. Each member of the board shall 452
file as his or her mandatory financial disclosure a statement of 453
financial interests with the Commission on Ethics as provided in 454
s. 112.3145. 455
331.609 Treasurer; depositories; fiscal agent .— 456
(1) The board shall designate an individual who is a 457
resident of the state, or a qualified public depository as 458
defined in s. 280.02, as treasurer of the authority, who shall 459
have charge of the funds of the authority. Such funds shall be 460
disbursed only upon the order of or pursuant to the resolution 461
of the board by warrant, check, authorization, or direct deposit 462
pursuant to s. 215.85, signed or authorized by the treasurer or 463
his or her representative or by any other person authorized by 464
the board. The board may give the treasurer such additional 465
powers and duties as it deems appropriate and shall determine 466
the treasurer's compensation. The board may require the 467
treasurer to give a bond in such amount, on such terms, and with 468
such sureties as are deemed satisfactory to the board to secure 469
the performance by the treasurer of his or her powers and 470
duties. The board shall audit or have audited the books of the 471
treasurer at least once per year. 472
(2) The board may select as depositories in which the 473
funds of the board and of the authority shall be deposited a 474
qualified public depository as defined in s. 280.02, upon such 475
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 20 of 47
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
terms and conditions as to the payment of interest on such funds 476
by such depository the board deems just and reasonable. The 477
funds of the authority may be kept in or removed from the State 478
Treasury upon written notification from the chair of the board 479
to the Chief Financial Officer. 480
(3) The board may employ a fiscal agent, who shall be a 481
resident of this state or a corporation organized unde r the laws 482
of this or any other state and authorized by such laws to act as 483
such fiscal agent in such state. 484
331.610 Powers and duties of board of directors. — 485
(1) The board of directors may: 486
(a) Execute all contracts and other documents, adopt all 487
proceedings, and perform all acts determined by the board to be 488
necessary or desirable to carry out the purposes of this part. 489
The board may authorize one or more of its members to execute 490
contracts and other documents on behalf of the board or the 491
authority. 492
(b) Establish and create such departments, committees, or 493
other entities as the board deems necessary or desirable in the 494
performance of any acts or other things necessary to the 495
exercise of the powers provided in this part, and delegate to 496
such departments, committees, or other entities such 497
administrative duties and other powers as the board deems 498
necessary or desirable. 499
(c) Provide financial services to support commercial 500
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 21 of 47
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
aerospace-related business development within the region. 501
Financial services may include, but are not limited to, 502
insuring, coinsuring, or originating for sale direct aerospace -503
related loans; direct lending; guaranteeing and collateralizing 504
loans; creating accounts; capitalizing, underwriting, leasing, 505
selling, or securing funding for aerospace-related 506
infrastructure; investing in permissible securities; organizing 507
financial institutions and international bank syndicates; and 508
acquiring, accepting, or administering grants, contracts, and 509
fees from other organizations to perform activ ities that are 510
consistent with the purposes of the authority's business plan. 511
If the board determines that a financial services entity is 512
necessary, the board may create, form, or contract with one or 513
more such entities. 514
(d) Execute intergovernmental agreements and development 515
agreements consistent with prevailing statutory provisions, 516
including, but not limited to, special benefits or tax increment 517
financing initiatives. 518
(e) Establish reserve funds for future board operations. 519
(2) The board of dir ectors shall: 520
(a) Adopt rules and orders to conduct the business of the 521
authority, the maintenance of records, and the form of all 522
documents and records of the authority. The board may adopt 523
rules with respect to any of the projects of the authority with 524
notice and a public hearing. 525
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 22 of 47
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
(b) Prepare an annual report of operations for the 526
previous fiscal year and submit the report to the Governor, the 527
President of the Senate, and the Speaker of the House of 528
Representatives by November 30. The report must incl ude, but not 529
be limited to, a balance sheet, an income statement, a statement 530
of changes in financial position, a reconciliation of changes in 531
equity accounts, a summary of significant accounting principles, 532
the auditor's report, a summary of the status of existing and 533
proposed bonding projects, comments from management about the 534
year's business, and prospects for the following year. 535
331.611 Exercise of powers within municipalities and other 536
political subdivisions. —The authority may exercise any of its 537
rights, powers, privileges, and authority in any and all 538
portions of the regional spaceport lying within the boundaries 539
of any municipal corporation or other political subdivision the 540
boundaries of which lie wholly or partly within the geographical 541
limits of the regional spaceport, to the same extent and in the 542
same manner as in areas of the regional spaceport not 543
incorporated as part of a municipality or other political 544
subdivision. With respect to any municipal corporation or other 545
political subdivision the boundaries of which lie partly within 546
and partly without the geographical limits of the regional 547
spaceport, the authority may exercise its rights, powers, 548
privileges, and authority only within the portion of the 549
municipal corporation or other political su bdivision lying 550
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 23 of 47
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
within the boundaries of the regional spaceport. 551
331.612 Furnishing facilities and services within regional 552
spaceport.—The authority may construct, develop, create, 553
maintain, and operate its projects within the regional 554
spaceport, including any portions of the regional spaceport 555
located inside the boundaries of any incorporated municipality 556
or other political subdivision, and offer, supply, and furnish 557
the facilities and services provided for in this part to, and 558
establish and collect fees , rentals, and other charges from, 559
persons, public or private, within the geographical limits of 560
the regional spaceport and for the use of the authority itself. 561
331.613 Power of authority; roads. —Within the geographical 562
limits of the regional spaceport, the authority may acquire, 563
through purchase or interagency agreement, or as otherwise 564
provided by law, and construct, control, and maintain, roads 565
deemed necessary by the authority and connections thereto and 566
extensions thereof acquired, constructed, or ma intained in 567
accordance with established highway safety standards. However, 568
if a road being addressed by the authority is owned by another 569
agency or jurisdiction, the authority, before proceeding with 570
the proposed project or work activity, must coordinate t he 571
desired work with the owning agency or jurisdiction or must 572
successfully execute an interagency agreement with the owning 573
agency or jurisdiction. 574
331.616 Revenues; procedure for adoption and modification; 575
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 24 of 47
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
minimum requirements. — 576
(1) To recover the co sts of a spaceport facility or 577
system, the authority may prescribe, fix, establish, and collect 578
rates, fees, rentals, tolls, fares, or other charges, 579
hereinafter referred to as "revenues," and revise such revenues 580
from time to time, for the facilities and services furnished or 581
to be furnished by the authority and the spaceport, including, 582
but not limited to, launch pads, ranges, payload assembly and 583
processing facilities, visitor and tourist facilities, 584
transportation facilities, and parking and other relat ed 585
facilities. The authority may provide for reasonable penalties 586
against any user or property for any such revenues that are 587
delinquent. 588
(2) The board may enter into contracts for the use of the 589
projects of the authority and for the services and facilit ies 590
furnished or to be furnished by the authority, including, but 591
not limited to, launch services, payload assembly and 592
processing, and other commercial sector launch and aerospace -593
related services, for such consideration and on such other terms 594
and conditions as the board approves. Such contracts, and 595
revenues or service charges received or to be received by the 596
authority thereunder, may be pledged as security for any of the 597
bonds of the authority. 598
331.617 Recovery of delinquent charges. —If any of the 599
rates, fees, rentals, tolls, fares, other charges, or delinquent 600
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 25 of 47
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
penalties are not paid when due and are in default for 30 days 601
or more, the unpaid balance thereof and all interest accrued 602
thereon, together with attorney fees and costs, may be recovered 603
by the authority in a civil action. 604
331.618 Discontinuance of service. —If the rates, fees, 605
rentals, tolls, fares, or other charges for the services and 606
facilities of any project are not paid when due, the board may 607
discontinue and shut off such services and facilities until such 608
rates, fees, rentals, tolls, fares, or other charges, including 609
interest, penalties, and charges for the shutting off, 610
discontinuance, and restoration of such services and facilities, 611
are fully paid. Such delinquent rates, fees, renta ls, tolls, 612
fares, or other charges, together with interest, penalties, and 613
charges for the shutting off, discontinuance, and restoration of 614
such services and facilities, and reasonable attorney fees and 615
other expenses, may be recovered by the authority by suit in any 616
court of competent jurisdiction. The authority may also enforce 617
payment of such delinquent rates, fees, rentals, tolls, fares, 618
or other charges by any other lawful method. 619
331.621 Federal and other funds and aid. —The Authority may 620
accept, receive, and receipt for federal moneys, property, and 621
other moneys or properties, either public or private, for the 622
acquisition, planning, operation, construction, enlargement, 623
improvement, maintenance, equipment, or development of programs, 624
facilities, and sites for the authority. The authority must 625
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 26 of 47
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
comply with the laws of the United States and any rules and 626
regulations adopted thereunder for the expenditure of federal 627
moneys. 628
331.622 Agreements with municipalities within region. —The 629
board of directors and the governing body or bodies of one or 630
more municipalities located wholly or partly within the region 631
may enter into and execute contracts and agreements relating to 632
the common powers, duties, and functions of the board and other 633
officers, agents, and emp loyees of the authority, and the 634
respective governing body or bodies of one or more such 635
municipalities, and their respective officers, agents, and 636
employees, for the purpose of effective cooperation between and 637
coordination of the efforts of such municipa lity or 638
municipalities and the authority in discharging their common 639
functions, powers, and duties and in rendering services to the 640
residents and property owners of such municipality or 641
municipalities and the authority. The board and the governing 642
body or bodies of one or more such municipalities may also enter 643
into and execute contracts and agreements for the performance of 644
any of their common powers, duties, and functions by a central 645
agency or common agent of the contracting parties. 646
331.623 Cooperative agreements with the state, counties, 647
and municipalities.— 648
(1) The state and the counties, municipalities, and other 649
political subdivisions, public bodies, and agencies thereof may 650
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 27 of 47
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
aid and cooperate with the authority in carrying out any of the 651
purposes and projects of the authority, enter into cooperative 652
agreements with the authority, and provide in any such 653
cooperative agreement for the making of loans, gifts, grants, or 654
contributions to the authority and the granting and conveyance 655
to the authority of real or personal property of any kind or 656
nature, or any interest therein, for the carrying out of the 657
purpose and projects of the authority; covenant in any such 658
cooperative agreement to pay all or any part of the costs of 659
acquisition, planning, developm ent, construction, 660
reconstruction, extension, improvement, operation, and 661
maintenance of any projects of the authority; and pay all or any 662
part of the principal and interest on any bonds of the 663
authority. 664
(2) The state and the counties, municipalities, a nd other 665
political subdivisions, public bodies, and agencies thereof and 666
the authority may enter into cooperative agreements to provide 667
for the furnishing by the authority to the state or any county, 668
municipality, or other political subdivision, public bod y, or 669
agency thereof of any of the facilities and services of the 670
authority, or by the state or any county, municipality, or other 671
political subdivision, public body, or agency thereof to the 672
authority and to persons within the spaceport territory of 673
facilities and services of the type that the authority is 674
authorized to furnish or undertake, or such other facilities and 675
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 28 of 47
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
services determined necessary or desirable by the board for the 676
carrying out of the purposes of this part. Without limitation of 677
the foregoing, such cooperative agreements may provide for the 678
furnishing by any county, municipality, or other political 679
subdivision of fire and police protection for the authority and 680
persons and property within the authority and for the provision 681
to the authority of any services deemed necessary or desirable 682
by the board for the proper functioning of the authority. 683
(3) Without limitation of the foregoing, the board may 684
undertake and finance any of the projects of the authority, in 685
whole or in part, jointly with any municipality or 686
municipalities or in any other manner combine the projects of 687
the authority with the projects of such municipality or 688
municipalities. 689
(4) Any agreement of the type authorized by this section 690
may be made and entered into under this part for up to 99 years. 691
331.624 Contracts, grants, and contributions. —The 692
authority may make and enter into all contracts and agreements 693
necessary or incidental to the performance of the functions of 694
the authority and the execution of its powers; may co ntract 695
with, and accept and receive grants or loans of money, material, 696
or property from, any person, private or public, as the board 697
determines is necessary or desirable to carry out the purposes 698
of this part; and, in connection with any such contract, gr ant, 699
or loan, may stipulate and agree to such covenants, terms, and 700
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 29 of 47
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
conditions as the board deems appropriate. 701
331.625 Environmental permits. —The authority shall obtain 702
required environmental permits in accordance with federal and 703
state law and shall com ply with chapter 380. 704
331.628 Sovereign immunity. —As an independent special 705
district, the authority has sovereign immunity in the same 706
manner as the state under the laws and Constitution of the State 707
of Florida. The state, by this section, waives the sov ereign 708
immunity granted to the same extent as waived by the state under 709
state law. 710
331.630 Enforcement and penalties. —The board or any 711
aggrieved person may have recourse to such remedies in law and 712
equity as may be necessary to ensure compliance with thi s part, 713
including injunctive relief to enjoin or restrain any person 714
violating this part and any bylaws, resolutions, regulations, 715
rules, codes, or orders adopted under this part, and the court 716
shall, upon proof of such violation, issue such temporary and 717
permanent injunctions as are necessary to prevent further 718
violation thereof. If any building or structure is erected, 719
constructed, reconstructed, altered, repaired, converted, or 720
maintained, or any building, structure, land, or water is used, 721
in violation of this part or of any code, order, resolution, or 722
other regulation made under authority conferred by this part or 723
under law, the board may institute any appropriate action or 724
proceeding to prevent such unlawful erection, construction, 725
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 30 of 47
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
reconstruction, alte ration, repair, conversion, maintenance, or 726
use; to restrain, correct, or avoid such violation; to prevent 727
the occupancy of such building, structure, land, or water; and 728
to prevent any illegal act, conduct, business, or use in or 729
about such premises, land, or water. 730
331.631 Revenue bonds. — 731
(1) Revenue bonds issued by the authority shall not be 732
deemed revenue bonds issued by the state or its agencies for 733
purposes of s. 11, Art. VII of the State Constitution and ss. 734
215.57-215.83. The authority shall incl ude in its annual report 735
to the Governor and Legislature, as provided in s. 331.610, a 736
summary of the status of existing and proposed bonding projects. 737
(2) The issuance of revenue bonds may be secured by or 738
payable from the gross or net pledge of the rev enues to be 739
derived from any project or combination of projects; from the 740
rates, fees, rentals, tolls, fares, assessments, or other 741
charges to be collected from the users of any project or 742
projects; from any revenue -producing undertaking or activity of 743
the authority; or from any source of pledged security other than 744
state appropriations. Such bonds are not secured by the full 745
faith and credit of the authority. Bonds issued by the authority 746
are not secured by the full faith and credit of the authority 747
and do not constitute an obligation, general or special, 748
thereof. 749
(3) Any two or more projects may be combined and 750
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 31 of 47
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
consolidated into a single project and may thereafter be 751
operated and maintained as a single project. The revenue bonds 752
authorized herein may be issued to finance any one or more such 753
projects separately, or to finance two or more such projects, 754
regardless of whether such projects have been combined and 755
consolidated into a single project. If the board deems it 756
advisable, the proceedings authorizing such revenue bonds may 757
provide that the authority may thereafter combine the projects 758
then being financed or theretofore financed with other projects 759
to be subsequently financed by the authority on a parity with 760
the revenue bonds then being issued, all on such terms, 761
conditions, and limitations as shall be provided, and may 762
further provide that the revenues to be derived from the 763
subsequent projects shall at the time of the issuance of such 764
parity revenue bonds be also pledged to the holders of any 765
revenue bonds theretofore issued to finance the revenue 766
undertakings that are later combined with such subsequent 767
projects. The authority may pledge for the security of the 768
revenue bonds a fixed amount without regard to any fixed 769
proportion of the gross revenues of any project. 770
331.632 Issuance of additional bonds. —If the proceeds of 771
any bonds are less than the cost of completing the project in 772
connection with which such bonds are issued, the board may 773
authorize the issuance of additional bonds, upon such terms and 774
conditions as the board may provide in the resolution 775
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 32 of 47
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
authorizing such issuance, but only in compliance with the 776
resolution or other proceedings authorizing the issuance of the 777
original bonds. 778
331.633 Refunding bonds. —The authority, through its board, 779
may issue bonds to provide for the retirement or refunding of 780
any bonds or obligations of the authority that at the time of 781
such issuance are, or subsequently thereto become, due and 782
payable, or that at the time of issuance have been called, or 783
are or will be subject to call, for redemption within 10 years 784
thereafter, or the surrender of which can be procured from the 785
holders thereof at prices satisfactory to the board. Refunding 786
bonds may be issued at any time when, in the judgment of the 787
board, such issuance will be advantageous to the authority. The 788
provisions of this part pertaining to bonds of the authority 789
shall, unless the context otherwise requires, govern the 790
issuance of refunding bonds, the form and other details thereof, 791
the rights of the holders thereof, and the duties of the board 792
with respect thereto. 793
331.635 Lien of pledges. —All pledges of revenues made 794
pursuant to this part shall be valid and binding from the time 795
such pledges are made. All such revenues so pledged and 796
thereafter collected shall immediately be subject to the lien of 797
such pledges without any physical delivery thereof or further 798
action, and the lien of such pledges shall be valid and binding 799
as against all parties having claims of any kind in tort, 800
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 33 of 47
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
contract, or otherwise against the authority, regardless of 801
whether such parties have notice thereof. 802
331.638 Trust agreements. —In the discretion of the board, 803
any issue of bonds may be secured by a trust agreement by and 804
between the authority and a corporate trustee, which m ay be any 805
trust company or bank having the powers of a trust company 806
within or outside the state. The resolution authorizing the 807
issuance of the bonds or such trust agreement may pledge the 808
revenues to be received from any projects of the authority and 809
any other authorized moneys to be used for the repayment of 810
bonds and may contain such provisions for protecting and 811
enforcing the rights and remedies of the bondholders as the 812
board may approve, including, without limitation, covenants 813
setting forth the duti es of the authority in relation to the 814
acquisition, planning, development, construction, 815
reconstruction, improvement, maintenance, repair, operation, and 816
insurance of any projects, the fixing and revision of the rates, 817
fees, rentals, tolls, fares, and char ges, and the custody, 818
safeguarding, and application of all moneys, and for the 819
employment of consulting engineers in connection with such 820
acquisition, planning, development, construction, 821
reconstruction, improvement, maintenance, repair, or operation. 822
It shall be lawful for any bank or trust company incorporated 823
under the laws of the state or the United States which may act 824
as a depository of the proceeds of bonds or of revenues to 825
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 34 of 47
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
furnish such indemnifying bonds or to pledge such securities as 826
required by the authority. Such resolution or trust agreement 827
may set forth the rights and remedies of the bondholders and of 828
the trustee, if any, and may restrict the individual right of 829
action by bondholders. The board may provide for the payment of 830
the proceeds of the sale of the bonds and the revenues of any 831
project to such officer, board, or depository as it may 832
designate for the custody thereof, and for the method of 833
disbursement thereof, with such safeguards and restrictions as 834
it may determine. All expenses inc urred in carrying out such 835
resolution or trust agreement may be treated as part of the cost 836
of the project to which such trust agreement pertains. 837
331.639 Sale of bonds. —Bonds may be sold in blocks or 838
installments at different times, or an entire issue o r series 839
may be sold at one time. Bonds may only be sold at public sale 840
after being advertised and publicly noticed, unless the 841
authority has previously complied with s. 218.385. Bonds may be 842
sold or exchanged for refunding bonds. Special assessment and 843
revenue bonds may be delivered as payment by the authority of 844
the purchase price or lease of any project or part thereof, or a 845
combination of projects or parts thereof, or as the purchase 846
price of, or exchange for, any property, real, personal, or 847
mixed, including franchises, or services rendered by any 848
contractor, engineer, or other person, all at one time or in 849
blocks from time to time, in such manner and upon such terms as 850
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 35 of 47
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
the board in its discretion determines. The price or prices for 851
any bonds sold, exch anged, or delivered may be: 852
(1) The money paid for the bonds. 853
(2) The principal amount, plus accrued interest to date of 854
redemption or exchange, of outstanding obligations exchanged for 855
refunding bonds. 856
(3) In the case of special assessment or revenu e bonds, 857
the amount of any indebtedness to contractors or other persons 858
paid with such bonds, or the fair value of any properties 859
exchanged for the bonds, as determined by the board. 860
331.640 Authorization and form of bonds. —Bonds may be 861
authorized by resolution or resolutions of the board which are 862
adopted by a majority of all of the members thereof then in 863
office and present at the meeting at which the resolution or 864
resolutions are adopted and shall be approved as provided in s. 865
331.605. The resolution o r resolutions of the board may be 866
adopted at the same meeting at which they are introduced and 867
shall be published and noticed. The board may by resolution 868
authorize the issuance of bonds and determine the aggregate 869
amount of bonds to be issued, the purpose or purposes for which 870
the moneys derived therefrom shall be expended, the rate or 871
rates of interest, the denomination of the bonds, whether the 872
bonds are to be issued in one or more series, the date or dates 873
thereof, the date or dates of maturity, which s hall not exceed 874
30 years from their respective dates of issuance, the medium of 875
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 36 of 47
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
payment, the place or places within or without the state where 876
payment shall be made, registration privileges, redemption terms 877
and privileges, whether with or without premium, the manner of 878
execution, the form of the bonds including any interest coupons 879
to be attached thereto, the manner of execution of bonds and 880
coupons, and any and all other terms, covenants, and conditions 881
thereof, and the establishment of reserve or other f unds. Such 882
authorizing resolution may further provide that such bonds may 883
be executed manually or by engraved, lithographed, or facsimile 884
signature, provided that where signatures are engraved, 885
lithographed, or facsimile, a bond is not valid unless 886
countersigned by a registrar or other officer designated by 887
appropriate resolution of the board. The seal of the authority 888
may be affixed, lithographed, engraved, or otherwise reproduced 889
in facsimile on such bonds. If any officer whose signature or a 890
facsimile of whose signature appears on any bonds or coupons 891
ceases to be such officer before the delivery of such bonds, 892
such signature or facsimile is nevertheless valid and sufficient 893
for all purposes as if the officer had remained in office until 894
such delivery. 895
331.641 Interim certificates; replacement certificates. —896
Pending the preparation of definitive bonds, the board may issue 897
interim certificates or receipts or temporary bonds, in such 898
form and with such provisions as the board determines, 899
exchangeable for definitive bonds when such bonds have been 900
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 37 of 47
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
executed and are available for delivery. The board may also 901
provide for the replacement of any bonds that are mutilated, 902
lost, or destroyed. 903
331.642 Negotiability of bonds. —Any bond issued under this 904
part and any interim certificate, receipt, or temporary bond 905
shall, in the absence of an express recital on the face thereof 906
that it is nonnegotiable, be fully negotiable and shall be and 907
constitute negotiable instruments within the meaning and for all 908
purposes of the law merchant and the laws of the State of 909
Florida. 910
331.643 Defeasance. —The board may make such provision with 911
respect to the defeasance of the right, title, and interest of 912
the holders of any of the bonds and obligations of the authority 913
in any revenues, funds, or other properties by which such bonds 914
are secured as the board deems appropriate and, without 915
limitation on the foregoing, may provide that when such bonds or 916
obligations become due and payable or have been called for 917
redemption, and the whole am ount of the principal and the 918
interest and premium, if any, due and payable upon the bonds or 919
obligations when outstanding are paid, or sufficient moneys or 920
direct obligations of the United States Government the principal 921
of and the interest on which, when due, will provide sufficient 922
moneys, are held or deposited in trust for such purpose, and 923
provision shall also be made for paying all other sums payable 924
in connection with such bonds or other obligations, then the 925
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 38 of 47
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
right, title, and interest of the holders of the bonds in any 926
revenues, funds, or other properties by which such bonds are 927
secured shall thereupon cease, terminate, and become void. The 928
board may apply any surplus in any sinking fund established in 929
connection with such bonds or obligations and al l balances 930
remaining in all other funds or accounts other than money held 931
for the redemption or payment of the bonds or other obligations 932
to any lawful purpose of the authority as the board determines. 933
331.644 Bonds as legal investment or security. —934
Notwithstanding any other provision of law to the contrary, all 935
bonds issued under this part shall constitute legal investments 936
for savings banks, banks, trust companies, insurance companies, 937
executors, administrators, trustees, guardians, and other 938
fiduciaries, and for any board, body, agency, instrumentality, 939
county, municipality, or other political subdivision of the 940
state, and shall constitute securities that may be deposited by 941
banks or trust companies as security for deposits of state, 942
county, municipal, o r other public funds or by insurance 943
companies as required or voluntary statutory deposits. 944
331.645 Covenants.—Any resolution authorizing the issuance 945
of bonds may contain such covenants as the board deems 946
advisable, and all such covenants shall constitu te valid, 947
legally binding, and enforceable contracts between the authority 948
and the bondholders, regardless of the time of issuance thereof. 949
Such covenants may include, without limitation, covenants 950
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 39 of 47
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
concerning the disposition of the bond proceeds, the use a nd 951
disposition of project revenues, the pledging of revenues and 952
assessments, the obligations of the authority with respect to 953
the operation of the project and the maintenance of adequate 954
project revenues, the issuance of additional bonds, the 955
appointment, powers, and duties of trustees and receivers, the 956
acquisition of outstanding bonds and obligations, restrictions 957
on the establishment of competing projects or facilities, 958
restrictions on the sale or disposal of the assets and property 959
of the authority, th e priority of assessment liens, the priority 960
of claims by bondholders on the taxing power of the authority, 961
the maintenance of deposits to ensure the payment of revenues by 962
users of spaceport facilities and services, the discontinuance 963
of authority service s by reason of delinquent payments, 964
acceleration upon default, the execution of necessary 965
instruments, the procedure for amending or abrogating covenants 966
with the bondholders, and such other covenants as may be deemed 967
necessary or desirable for the securit y of the bondholders. 968
331.646 Validity of bonds; validation proceedings. —Any 969
bonds issued by the authority shall be incontestable in the 970
hands of bona fide purchasers or holders for value and shall not 971
be invalid because of any irregularity or defect in the 972
proceedings for the issue and sale thereof. Before the issuance 973
of any bonds, the authority shall publish a notice at least once 974
in a newspaper or newspapers published or of general circulation 975
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 40 of 47
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
in the appropriate county or counties in the state, statin g the 976
date of adoption of the resolution authorizing such obligations, 977
the amount, maximum rate of interest, and maturity of such 978
obligations, and the purpose in general terms for which such 979
obligations are to be issued, and further stating that any 980
action or proceeding questioning the validity of such 981
obligations or of the proceedings authorizing the issuance 982
thereof, or of any covenants made therein, must be instituted 983
within 20 days after the first publication of such notice, or 984
the validity of such obli gations, proceedings, and covenants 985
shall not be thereafter questioned in any court. If no such 986
action or proceeding is instituted within such 20 -day period, 987
the validity of such obligations, proceedings, and covenants 988
shall be conclusive, and all persons or parties shall be forever 989
barred from questioning the validity of such obligations, 990
proceedings, or covenants in any court. Alternatively, the 991
authority may validate its bonds pursuant to chapter 75. 992
331.647 Part furnishes full authority for issuance o f 993
bonds.—This part constitutes full and complete authority for the 994
issuance of bonds and the exercise of the powers of the 995
authority provided in this part. Any and all bonds issued by the 996
authority shall not be secured by the full faith and credit of 997
the state and do not constitute an obligation, general or 998
special, of the state. 999
331.648 Investment of funds. —The board may in its 1000
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 41 of 47
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
discretion invest funds of the authority through the Chief 1001
Financial Officer or in: 1002
(1) Direct obligations of or obligations g uaranteed by the 1003
United States or for the payment of the principal and interest 1004
of which the faith and credit of the United States is pledged. 1005
(2) Bonds or notes issued by any of the following federal 1006
agencies: 1007
(a) Bank for Cooperatives. 1008
(b) Federal intermediate credit banks. 1009
(c) Federal home loan bank system. 1010
(d) Federal land banks. 1011
(e) Federal National Mortgage Association, including 1012
debentures or participating certificates issued by such 1013
association. 1014
(3) Public housing bonds issued by publi c housing 1015
authorities and secured by a pledge or annual contributions 1016
under an annual contribution contract or contracts with the 1017
United States. 1018
(4) Bonds or other interest -bearing obligations of any 1019
county, district, city, or town located in the state f or which 1020
the full faith and credit of such political subdivision is 1021
pledged. 1022
(5) Any investment authorized for insurers by ss. 625.306 -1023
625.316 and any amendments thereto. 1024
(6) Any investment authorized under s. 17.57 and any 1025
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 42 of 47
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
amendments thereto. 1026
331.649 Fiscal year of authority. —The board may establish 1027
and from time to time redetermine the fiscal year of the 1028
authority. Unless the board otherwise provides, the authority's 1029
fiscal year shall be July 1 through June 30. 1030
331.650 Insurance coverage of author ity; safety program. — 1031
(1) Notwithstanding any other provision of law, the State 1032
Risk Management Trust Fund established under s. 284.30 may not 1033
insure buildings and property owned or leased by the authority. 1034
(2) Notwithstanding any other provision of law, the State 1035
Risk Management Trust Fund established under s. 284.30 may not 1036
insure against any liability of the authority. 1037
(3) The authority shall establish a safety program. The 1038
safety program shall include: 1039
(a) Development and implementation of a l oss prevention 1040
program which shall consist of a comprehensive safety program 1041
for the authority, including a statement, established by the 1042
board, of safety policy and responsibility. 1043
(b) Provision for regular and periodic facility and 1044
equipment inspection s. 1045
(c) Investigation of job -related employee accidents and 1046
other accidents occurring on the premises of the authority or 1047
within areas of its jurisdiction. 1048
(d) Establishment of a program to promote increased safety 1049
awareness among employees, agents, and subcontractors of the 1050
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 43 of 47
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
authority. 1051
(4)(a) The authority shall, if available, secure insurance 1052
coverage within reasonable limits for liability that may arise 1053
as a consequence of its responsibilities. 1054
(b) The authority shall, if available and cost -effective, 1055
secure reasonable levels of insurance coverage on its buildings, 1056
facilities, and property. 1057
(c) The authority, with respect to the purchase of 1058
insurance, shall be subject to the applicable provisions of 1059
chapter 287 and other applicable law. 1060
331.651 Participation by women, minorities, and socially 1061
and economically disadvantaged business enterprises encouraged. —1062
It is the intent of the Legislature and the public policy of 1063
this state that women, minorities, and socially and economically 1064
disadvantaged business enterprises be encouraged to participate 1065
fully in all phases of economic and community development. 1066
Accordingly, to achieve such purpose, the authority shall, in 1067
accordance with applicable state and federal law, involve and 1068
utilize women, minorities, and socially and economically 1069
disadvantaged business enterprises in all phases of the design, 1070
development, construction, maintenance, and operation of 1071
spaceports developed under this part. 1072
331.654 Tax exemption. —The exercise of the powers granted 1073
by this part in all respects shall be for the benefit of the 1074
people of the state, for the increase of their industry and 1075
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 44 of 47
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
prosperity, for the improvement of their health and living 1076
conditions, and for the provision of gainful employment and 1077
shall constitute the p erformance of essential public functions. 1078
The authority is not required to pay any taxes on any project or 1079
any other property owned by the authority under this part or on 1080
the income therefrom. The bonds issued under this part or on the 1081
income therefrom, in cluding any profit made on the sale thereof, 1082
and all notes, mortgages, security agreements, letters of 1083
credit, or other instruments that arise out of or are given to 1084
secure the repayment of bonds issued in connection with a 1085
project financed under this part shall at all times be free from 1086
taxation by the state or any local unit, political subdivision, 1087
or other instrumentality of the state. However, this section 1088
does not exempt from taxation or assessments the leasehold 1089
interest of a lessee in any project or any other property or 1090
interest owned by the lessee. The exemption granted by this 1091
section is not applicable to any tax imposed by chapter 220 on 1092
interest, income, or profits on debt obligations owned by 1093
corporations. 1094
331.655 Use of name; ownership rights to intellectual 1095
property.— 1096
(1)(a) The corporate name of a corporation incorporated or 1097
authorized to transact business in this state, or the name of 1098
any person or business entity transacting business in this 1099
state, may not use the words "Northeast Florid a Regional 1100
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 45 of 47
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
Spaceport Authority" in its name unless the board gives written 1101
approval for such use. 1102
(b) The Department of State may dissolve, pursuant to s. 1103
607.1420, any corporation that violates paragraph (a). 1104
(2) Notwithstanding any provision of chapt er 286, the 1105
legal title and every right, interest, claim, or demand of any 1106
kind in and to any patent, trademark, copyright, certification 1107
mark, or other right acquired under the patent and trademark 1108
laws of the United States or this state or any foreign co untry, 1109
or the application for the same, as is owned or held, acquired, 1110
or developed by the authority, under the authority and 1111
directions given it by this part, is vested in the authority for 1112
the use, benefit, and purposes provided in this part. The 1113
authority is vested with and may exercise any and all of the 1114
normal incidents of such ownership, including the receipt and 1115
disposition of royalties. Any sums received as royalties from 1116
any such rights are appropriated to the authority for any and 1117
all of the purposes and uses provided in this part. 1118
331.660 Joint participation agreement or assistance; 1119
spaceport master plan. — 1120
(1) Notwithstanding any other provision of law, the 1121
Department of Transportation may enter into a joint 1122
participation agreement with, or ot herwise assist, the authority 1123
as necessary to effectuate this part and may allocate funds for 1124
such purposes in its 5 -year work program. However, the 1125
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 46 of 47
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
department may not fund the administrative or operational costs 1126
of the authority. 1127
(2) The authority shall develop a spaceport master plan 1128
for expansion and modernization of space transportation 1129
facilities within the region. The plan shall contain recommended 1130
projects to meet current and future commercial, national, and 1131
state space transportation requirements. The authority shall 1132
submit the plan to any appropriate metropolitan planning 1133
organization for review of intermodal impacts. The authority 1134
shall submit the plan to the Department of Transportation, and 1135
such plan may be included within the department's 5 -year work 1136
program of qualifying commercial sector launch and spaceport 1137
discretionary capacity improvement under subsection (3). The 1138
plan shall identify appropriate funding levels and include 1139
recommendations on appropriate sources of revenue that may be 1140
developed to contribute to the State Transportation Trust Fund. 1141
(3) Subject to the availability of appropriated funds, the 1142
department may participate in the capital cost of eligible 1143
spaceport discretionary capacity improvement projects. The 1144
annual legislative budget request shall be based on the proposed 1145
funding requested for approved spaceport discretionary capacity 1146
improvement projects. 1147
331.661 Construction. —This part supersedes any general or 1148
special act that is inconsistent with this part to the extent o f 1149
such inconsistency. 1150
HB 1303 2022
CODING: Words stricken are deletions; words underlined are additions.
hb1303-00
Page 47 of 47
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
Section 2. This act shall take effect July 1, 2022. 1151