Florida 2024 2024 Regular Session

Florida House Bill H0577 Analysis / Analysis

Filed 01/17/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0577a.RRS 
DATE: 1/17/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 577    Spaceport Territory 
SPONSOR(S): Griffitts and others 
TIED BILLS:   IDEN./SIM. BILLS: SB 968 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Regulatory Reform & Economic Development 
Subcommittee 
13 Y, 0 N Thompson Anstead 
2) Local Administration, Federal Affairs & Special 
Districts Subcommittee 
   
3) Commerce Committee    
SUMMARY ANALYSIS 
Space Florida is an independent special district, a body politic and corporate, and a subdivision of the state, 
and is the point of contact for state aerospace-related activities with federal agencies, the military, state 
agencies, businesses, and the private sector. Space Florida is authorized to purchase or construct facilities, 
set rates, fees, and charges for the use of facilities, and undertake joint financing with municipalities or private 
sector entities for any project. Space Florida’s ability to develop spaceport infrastructure is statutorily limited to 
geographic areas called spaceport territories. 
 
The following properties constitute “spaceport territory:”  
 Certain real property located in Brevard County that is included within the 1998 boundaries of Patrick 
Space Force Base, formerly Patrick Air Force Base; Cape Canaveral Space Force Station, formerly 
Cape Canaveral Air Force Station; or John F. Kennedy Space Center. The territory consisting of areas 
within the John F. Kennedy Space Center and the Cape Canaveral Space Force Station may be 
referred to as the “Cape Canaveral Spaceport.” 
 Certain real property located in Santa Rosa, Okaloosa, Gulf, and Walton Counties which is included 
within the 1997 boundaries of Eglin Air Force Base. 
 Certain real property located in Duval County which is included within the boundaries of Cecil Airport 
and Cecil Commerce Center. 
 Real property within the state which is a spaceport licensed by the Federal Aviation Administration, as 
designated by the board of directors of Space Florida. 
 Certain real property located in Brevard County which is included within the boundaries of Space Coast 
Regional Airport, Space Coast Regional Airport Industrial Park, and Spaceport Commerce Park. 
 
Currently, Homestead Air Reserve Base and Tyndal Air Force Base are not designated in Florida Statute as 
“spaceport territory.” 
 
The bill designates certain real property located in the following areas, as spaceport territory: 
 Miami-Dade County which was formerly included within the boundaries of Homestead Air Force Base 
and is included within the boundaries of Homestead Air Reserve Base or deeded to Miami-Dade 
County or the City of Homestead. 
 Bay County which is included within the boundaries of Tyndall Air Force Base.  
 
The bill does not appear to have a negative fiscal impact on state or local government, or the private sector.  
 
The effective date of the bill is July 1, 2024. 
 
   STORAGE NAME: h0577a.RRS 	PAGE: 2 
DATE: 1/17/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Present Situation 
 
Commercial Space Industry 
 
The commercial space transportation industry emerged in the 1990s and was primarily used to launch 
commercial satellites and transport cargo to the International Space Station (ISS). In just the last few 
years, growing interest in commercial space is realizing new possibilities for the industry including 
providing transportation to the ISS laboratories for research and space tourism. This rapidly growing 
industry is inspiring scientists, engineers, teachers, and a whole generation, to imagine entirely new 
possibilities for the future of space.
1
 
 
The Office of Commercial Space Transportation within the Federal Aviation Administration (FAA) is the 
federal agency responsible for regulating and facilitating the safe operations of the U.S. commercial 
space transportation industry.
2
 The Commercial Space Launch Act of 1984, authorizes the FAA to 
establish licensing and regulatory requirements for launch vehicles, launch sites, and reusable 
suborbital rockets.
3
 The FAA's launch regulations and licensing procedures apply to all commercial 
launches taking place within U.S. territory, and for launches being conducted abroad by U.S. 
companies. In general, the FAA does not license launch sites owned or operated by agencies of the 
U.S. government.
4
  
 
Spaceports in Florida 
 
Currently, Florida has two federally licensed spaceports and four FAA licensed spaceports. The 
spaceports, licensure, and launch type include:
5
 
 Cape Canaveral Space Force Station, Federal, Vertical and Horizontal. 
 Kennedy Space Center (NASA), Federal, Vertical and Horizontal. 
 Space Florida Launch Complex 46, FAA, Vertical. 
 Space Florida Launch and Landing Facility, FAA, Horizontal and Orbital Reentry. 
 Cecil Air and Space Port, FAA, Horizontal. 
 Space Coast Regional Airport, FAA, Horizontal. 
 
Spaceport Territory 
 
Currently, the following properties constitute spaceport territory:
6
 
 Certain real property located in Brevard County that is included within the 1998 boundaries of 
Patrick Space Force Base, formerly Patrick Air Force Base; Cape Canaveral Space Force 
Station, formerly Cape Canaveral Air Force Station; or John F. Kennedy Space Center. The 
territory consisting of areas within the John F. Kennedy Space Center and the Cape Canaveral 
Space Force Station may be referred to as the “Cape Canaveral Spaceport.” 
 Certain real property located in Santa Rosa, Okaloosa, Gulf, and Walton Counties which is 
included within the 1997 boundaries of Eglin Air Force Base. 
 Certain real property located in Duval County which is included within the boundaries of Cecil 
Airport and Cecil Commerce Center. 
                                                
1
 U.S. Department of Transportation, Federal Aviation Administration, 
https://www.faa.gov/space#:~:text=The%20commercial%20space%20transportation%20industry,International%20Space%20Station
%20(ISS) (last visited Jan. 10, 2024). 
2
 14 C.F.R. s. 401.1-401.3. 
3
 51 U.S.C. Ch. 509, §§ 50901-23. 
4
 The FAA also exempts certain classes of small rockets from licensure.  See 14 C.F.R. § 400.2. 
5
 Federal Aviation Administration, Spaceports by State, https://www.faa.gov/space/spaceports_by_state (last visited Jan. 10, 2024). 
6
 S. 331.304, F.S.  STORAGE NAME: h0577a.RRS 	PAGE: 3 
DATE: 1/17/2024 
  
 Real property within the state which is a spaceport licensed by the Federal Aviation 
Administration, as designated by the board of directors of Space Florida. 
 Certain real property located in Brevard County which is included within the boundaries of 
Space Coast Regional Airport, Space Coast Regional Airport Industrial Park, and Spaceport 
Commerce Park. 
 
Space Florida 
 
Space Florida is established as an independent special district, a body politic and corporate, and a 
subdivision of the state, to foster the growth and development of a sustainable and world-leading 
aerospace industry in the state. Space Florida has all the powers, rights, privileges, and authority as 
provided under the laws of this state.
7
  
 
Space Florida acts as Florida’s point of contact for state aerospace-related activities with federal 
agencies, the military, state agencies, businesses, and the private sector.
8
 Space Florida is authorized 
to purchase or construct facilities, set rates, fees, and charges for the use of facilities, and undertake 
joint financing with municipalities or private sector entities for any project.
9
 Space Florida’s ability to 
develop spaceport infrastructure is statutorily limited to geographic areas called spaceport territories. 
 
Space Florida is authorized the following powers regarding spaceport territory: 
 Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve 
transportation facilities appropriate to meet the transportation requirements of Space Florida 
and activities conducted within spaceport territory.
10
 
 Own, acquire, construct, reconstruct, equip, operate, maintain, extend, or improve electric 
power plants, transmission lines and related facilities, gas mains and facilities of any nature for 
the production or distribution of natural gas, transmission lines and related facilities and plants 
and facilities for the generation and transmission of power through traditional and new and 
experimental sources of power and energy; purchase electric power, natural gas, and other 
sources of power for distribution within any spaceport territory.
11
 
 Designate, set aside, and maintain lands and areas within or without the territorial limits of any 
spaceport territory as conservation areas or bird and wildlife sanctuaries.
12
 
 Establish a program for the control, abatement, and elimination of mosquitoes and other 
noxious insects, rodents, reptiles, and other pests throughout the spaceport territory.
13
 
 Own, acquire, construct, reconstruct, equip, maintain, operate, extend, and improve public 
safety facilities for the spaceport, including security stations, security vehicles, fire stations, 
water mains and plugs, and fire trucks and other vehicles and equipment; hire employees, 
security officers, and firefighters; and undertake such works and construct such facilities 
determined by the board to be necessary or desirable to promote and ensure public safety 
within the spaceport territory.
14
 
 Own, acquire, construct, develop, create, maintain, equip, extend, improve, reconstruct, and 
operate its projects within the geographical limits of the spaceport territory. This includes any 
portions of the spaceport territory located inside the boundaries of any incorporated municipality 
or other political subdivision.
15
 
 Within the territorial limits of any spaceport territory, acquire, through purchase or interagency 
agreement, or as otherwise provided in law, construct, control, and maintain, roads, connections 
                                                
7
 S. 331.302, F.S. 
8
 S. 331.3011, F.S. 
9
 S. 331.305, F.S. 
10
 S. 331.305(12), F.S. 
11
 S. 331.305(13), F.S. 
12
 S. 331.305(14), F.S. 
13
 S. 331.305(15), F.S. 
14
 S. 331.305(17), F.S. 
15
 S. 331.312, F.S.  STORAGE NAME: h0577a.RRS 	PAGE: 4 
DATE: 1/17/2024 
  
and extensions that it deems necessary in accordance with established highway safety 
standards.
16
 
 
Space Florida is required to regularly solicit input on Space Florida plans and activities from the 
aerospace industry, private sector spaceport territory stakeholders, each entity that owns or has 
ownership interest in a facility within spaceport territory, and other political subdivisions within 
spaceport territory.
17
 
 
The Space Florida board of directors is authorized to take the following actions regarding 
comprehensive planning within spaceport territory:
18
 
 Adopt, and from time to time review, amend, supplement, or repeal, a comprehensive general 
plan for the physical development of the area within the spaceport territory in accordance with 
the Space Florida Act, and consistent with the applicable county or municipal comprehensive 
plans. 
 Prohibit within the spaceport territory the construction, alteration, repair, removal, or demolition, 
or the commencement of the construction, alteration, repair (except emergency repairs), 
removal, or demolition, of any building or structure, including, but not by way of limitation, public 
utility poles, lines, pipes, and facilities, without first obtaining a permit from the board or such 
other officer or agency as the board may designate, and prescribe the procedure with respect to 
the obtaining of such permit. 
 Divide spaceport territory into zones or districts of such number, shape, and area as the board 
may deem best suited to carry out the purposes of the Space Florida Act, and make certain 
regulations and restrictions.
19
  
 
The Space Florida board of directors is authorized to enter into contracts and agreements with 
municipalities located within a spaceport territory to help ensure effective cooperation and coordination 
in:
20
 
 Discharging their common functions, powers, and duties; and  
 Rendering services to the respective residents and property owners.  
 
Space Florida is authorized to apply to the Federal Government for a grant allowing the designation of 
any spaceport territory as a foreign trade zone pursuant to ss. 288.36 and 288.37, F.S. However, the 
designation of any spaceport territory as a foreign trade zone does not authorize an exemption from 
any tax imposed by the state or by any political subdivision, agency, or instrumentality.
21
 
 
The Space Florida board of directors is authorized to strike out or correct the description of any land 
within or claimed to be within the boundary lines of any spaceport territory upon the written consent of 
the owners of all the land that would be included or excluded from the boundary lines of any spaceport 
territory or otherwise affected by the taking of such action, and of the owners of not less than the 
majority in acreage of all lands within any spaceport territory.
22
 
 
Homestead Air Reserve Base and Tyndall Air Force Base 
 
Homestead Air Reserve Base is an Air Force Reserve base and combat unit in Homestead, Florida, 
located about 25 miles south of Miami. It is home to the 482nd Fighter Wing of the Air Force Reserve 
Command's Tenth Air Force, as well as the headquarters of Special Operations Command South. This 
wing has 1,600 members in addition to the 1,200 reservists. This combat unit supplies General 
Dynamics F-16 Fighting Falcon fighter aircraft, along with mission ready pilots and support personnel, 
                                                
16
 S. 331.313, F.S. 
17
 S. 331.3051(11), F.S. 
18
 S. 331.319, F.S. 
19
 S. 331.320, F.S. 
20
 S. 331.322, F.S. 
21
 S. 331.327, F.S. 
22
 S. 331.329, F.S.  STORAGE NAME: h0577a.RRS 	PAGE: 5 
DATE: 1/17/2024 
  
for short-notice worldwide deployment. The base is utilized as a staging area for operations and 
palliation efforts in the southern hemisphere and provides assistance in many natural disasters.
23
 
 
Tyndall Air Force Base is located on the Gulf Coast of Florida, 12 miles east of Panama City in Bay 
County. Tyndall is home to the 325th Fighter Wing, which provides training for F-22 Raptor pilots, 
maintenance personnel and battle managers for the combat faction of the Air Force. The 325th Fighter 
Wing also provides training for F-22 intelligence officers, F-22 crew members and officer and enlisted 
air traffic controllers. The Fighter Wing hosts over 30 tenant organizations which are located on base. 
The 325th Fighter Wing is comprised of the Operations Group, Maintenance Group, Mission Support 
Group and the Medical Group, and tenant groups.
24
 
 
Currently, Homestead Air Reserve Base and Tyndal Air Force Base are not designated in Florida 
Statute as spaceport territories. 
 
According to representatives of the aerospace industry, expansion of Florida’s aerospace capabilities 
and infrastructure is needed in order to accommodate the industry’s rapid growth.
25
 
 
Effect of Proposed Changes 
 
The bill designates certain real property in the following areas, as spaceport territory: 
 Miami-Dade County which was formerly included within the boundaries of Homestead Air Force 
Base and is included within the boundaries of Homestead Air Reserve Base or deeded to 
Miami-Dade County or the City of Homestead. 
 Bay County which is included within the boundaries of Tyndall Air Force Base. 
 
B. SECTION DIRECTORY: 
Section 1: Amends s. 331.304, F.S., relating to spaceport territory. 
 
Section 2: Creates an effective date of July 1, 2024. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
                                                
23
 MILITARYBASES.com, Homestead Air Reserve Base in Miami, FL, https://militarybases.com/florida/homestead/ (last visited Jan. 
10, 2024). 
24
 MILITARYBASES.com, Tyndall Air Force Base in Panama City, FL, https://militarybases.com/florida/tyndall/ (last visited Jan. 
10, 2024). 
25
 Caden DeLisa, SpaceX, Blue Origin urge Florida lawmakers for aerospace sector support, The CAPITOLIST (Nov. 16, 2023), 
https://thecapitolist.com/spacex-blue-origin-urge-florida-lawmakers-for-aerospace-sector-support/ (last visited Jan. 10, 2024).  STORAGE NAME: h0577a.RRS 	PAGE: 6 
DATE: 1/17/2024 
  
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
Including additional bases in Florida’s spaceport territory system may expand the development of the 
state’s aerospace industry, and have a positive fiscal impact on individuals and businesses in the 
private sector and related entities in the public sector. 
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
The bill does not require a municipality or county to expend funds or to take any action requiring the 
expenditure of funds. The bill does not reduce the authority that municipalities or counties have to 
raise revenues in the aggregate. The bill does not require a reduction of the percentage of state tax 
shared with municipalities or counties. 
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
None. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES