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Contents Intoroduction Preliminaries Chapter 1 Chapter 2
Chapter 3 Chapter 4 Appendix Index

(8) SPACEPORT FLORIDA AUTHORITY ACT(US Florida State Law, Sanctioned by the State Governor on July 5 1989)

Section 1.1 Short title

This act may be cited as the "Spaceport Florida Authority Act."

Section 2.2 Spaceport Florida Authority; creation; purpose.—


It is the intent of the Legislature to provide a unified direction for space-related economic growth and educational development, to ensure a stable and dynamic economic climate, to attract and maintain space-related businesses suitable to the state, and to further the coordination and development of Florida's economy.


There is hereby established, formed, and created the Spaceport Florida Authority, which is created and incorporated as a public corporation, body politic, and subdivision of the state to establish facilities or complementary activities to enhance and provide commercial space-related development opportunities for business, education, and government, and which shall have all the powers, rights, privileges, and authority as provided under the laws of this state.


It shall be the purpose, function, and responsibility of the Spaceport Florida Authority to develop a strategy for and implement the acceleration of space-related economic growth and educational development within the state. Projects in the state shall include the space business incubators, space tourism activities and centers, educational involvement in business incubators, and the Spaceport Florida launch centers. It shall be the authority's purpose, function, and responsibility to provide projects in the state which will develop and improve the entrepreneurial atmosphere, to provide coordination among space businesses, Florida universities, space tourism, and the Spaceport Florida launch centers, and to provide activities designed to stimulate the development of space commerce. In carrying out these duties and responsibilities, the authority may advise and cooperate with municipalities, counties, regional authorities, state agencies and organizations, appropriate federal agencies and organizations, and other interested persons and groups.

Section 3.3 Definitions.—


"Authority" means the Spaceport Florida Authority created by this act.


"Board" or "board of supervisors" means the governing body of the authority.


"Bonds" means revenue bonds, assessment bonds, or other bonds or obligations issued by the authority for the purpose of raising financing for its projects.


"Complementary activity" means any space business incubator, space tourism activity, educational involvement in an incubator, or space tourism and space-related research and development.


"Cost" means all costs, fees, charges, expenses, and amounts associated with the development of projects by the authority.


"Federal aid" means any property, funding, or other financial assistance provided by the Federal Government to the authority for its projects.


"Landing area" means the geographical area designated by the authority within the spaceport territory for or intended for the landing and surface maneuvering of any launch or other space vehicle.


"Launch pad" means any launch pad used by the spaceport or spaceport user for launching of space vehicles.


"Payload" means any property or cargo to be transported aboard any vehicle launched by or from the spaceport.


"Person" means any individual, child, university, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation, nation, government (federal, state, or local), agency (government or other), subdivision of the state, municipality, county, business entity, or any other group or combination.


"Project" means any development, improvement, property, launch, utility, facility, system works, road, sidewalk, enterprise, service, or convenience, which may include coordination with the Florida High Technology and Industry Council, the Board of Regents, and the Space Research Foundation; any small business incubator initiative, including any startup aerospace company, research and development company, research and development facility, storage facility, and consulting service; or any tourism initiative, including any space experience attraction, space-launch-related activity, and space museum sponsored or promoted by the authority.


"Range" means the geographical area designated by the authority or other appropriate body as the area for the launching of rockets, missiles, launch vehicles, and other vehicles designed to reach high altitude.


"Recovery" means the recovery of space vehicles and payloads which have been launched from or by the spaceport.


"Spaceport" means any area of land or water, or any manmade object or facility located therein, developed by the authority under this act, which area is intended for public, use or for the launching, takeoff, and landing of spacecraft and aircraft, and includes any appurtenant areas which are used or intended for public use, for spaceport buildings, or for other spaceport facilities, spaceport projects, or rights-of-way.


"Spaceport launch facilities" shall be defined as industrial facilities in accordance with s. 380.0651(3)(c), Florida Statutes, and include any launch pad, launch control center, and fixed launch-support equipment.


"Spaceport system" means the programs, organizations, and infrastructure developed by the authority for the development of facilities or activities to enhance and provide commercial space-related development opportunities for business, education, and government within the state.


"Spaceport territory" means the geographical area designated in section 4 and as amended or changed in accordance with section 33.


"Spaceport user" means any person who uses the facilities or services of any spaceport; and, for the purposes of any exemptions or rights granted under this act, said spaceport user shall be deemed a spaceport user only during the time period in which such person has in effect a contract, memorandum of understanding, or agreement with the spaceport, and such rights and exemptions shall be granted with respect to transactions relating only to spaceport projects.

Section 4.4 Spaceport territory

The following property shall constitute spaceport territory:


Certain real property located in Brevard County with the following boundaries:


Northern boundary—Latitude 28°32'30" North.


Eastern boundary—The mean high water line of the shore along the Atlantic Ocean.


Western boundary—Cape Road (State Road 401).


Southern boundary—Latitude 28°26' North.


Certain real property located in Gulf County with the following boundaries:


Northern boundary—The mean high water line of the shore along St. Joseph Bay from longitude 85°21' West to latitude 29°40'45" North; and along that latitude in a westerly direction from the mean high water line of St. Joseph Bay to the Gulf of Mexico.


Eastern boundary—Longitude 85°20' West.


Western boundary—The mean high water line of the shore along the Gulf of Mexico.


Southern boundary—The mean high water line of the shore along the Gulf of Mexico.

Section 5.5 Powers of the authority.—


The authority shall have the power to:


Exercise all powers granted to corporations under the Florida General Corporation Act, chapter 607, Florida Statutes.


Sue and be sued by its name in any court of law or in equity.


Adopt and use a corporate seal and alter the same at pleasure.


Review and make recommendations with respect to a strategy to guide and facilities the future of space-related educational and commercial development. The authority shall in coordination with the Federal Government, private industry, and Florida universities develop a business plan which shall address the expansion of Spaceport Florida locations, space launch capacity, spaceport projects, and complementary activities, which shall include, but not be limited to, a detailed analysis of:


The authority and the commercial space industry.


Products, services description—potential, technologies, skills.


Market research and evaluation—customers, competition, economics.


Marketing plan and strategy.


Design and development plan—tasks, difficulties, costs.


Manufacturing locations, facilities, and operations plan.


Management organization—roles and responsibilities.


Overall schedule (monthly).


Important risks, assumptions, and problems.


Community impact—economic, human development, community development.


Financial plan (monthly for first year; quarterly for next 3 years).


Proposed authority offering—financing, capitalization, use of funds.
A final report containing the recommendations and business plan of the authority shall be completed and submitted prior to the 1990 Regular Session of the Legislature, along with any proposed statutory changes and related legislative budget requests required to implement the business plan, to the Governor, the President of the Senate, the Speaker of the House of Representatives, the minority leader of the Senate, and the minority leader of the House of Representatives.


Acquire property, real, personal, intangible, tangible, or mixed, within or without its territorial limits, in fee simple or any lesser interest or estate, by purchase, gift, devise, or lease, on such terms and conditions as the board may deem necessary or desirable, and sell or otherwise dispose of the same and of any of the assets and properties of the authority.


Make and execute any and all contracts and other instruments necessary or convenient to the exercise of its powers.


Whenever deemed necessary by the board, lease as lessor or lessee to or from any person, public or private, any facilities or property for the use of the authority and carry out any of the purposes of the authority.


Appoint, through its board of supervisors, an executive director.


Own, acquire, construct, develop, create, reconstruct, equip, operate, maintain, extend, and improve launch pads, landing areas, ranges, payload assembly buildings, payload processing facilities, laboratories, space business incubators, facilities for the construction of rockets and other launch vehicles, and other spaceport facilities and other space-related systems, including educational, cultural, and parking facilities and space-related initiatives.


Undertake a program of advertising to the public and promoting space-related businesses or any spaceport projects of the authority, and expend moneys and undertake such activities to carry out such advertising and promotional program as the board from time to time may determine.


Own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve transportation facilities appropriate to meet the transportation requirements of the authority and activities conducted within the spaceport territory.


Own, acquire, construct, reconstruct, equip, operate, maintain, extend, and 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; develop and operate water and sewer systems and waste collection and disposal consistent with chapter 88—130, Laws of Florida; and develop and operate such new and experimental public utilities, including, but not limited to, centrally distributed heating and air-conditioning facilities and services, closed-circuit television systems, and computer services and facilities, as the board may from time to time determine. However, the authority shall not construct any system, work, project, or utility authorized to be constructed under this paragraph in the event that a system, work, project, or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory adjacent thereto, unless such municipality or private company consents to such construction.


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; stock such areas with animal and plant life and stock water areas with fish and other aquatic life; promulgate and enforce rules and regulations with respect thereto and protect and preserve the natural beauty thereof; and do all acts necessary or desirable in order to qualify such lands and areas as conservation areas and sanctuaries under any of the laws of the state or under federal law.


Establish a program for the control, abatement, and elimination of mosquitoes and other noxious insects, rodents, reptiles, and other pests throughout the spaceport territory and undertake such works and construct such facilities within or without the spaceport territory as may be determined by the board to be needed to effectuate such program; abate and suppress mosquitoes and other arthropods, whether disease-bearing or pestiferous, within any spaceport territory when in the judgment of the board such action is necessary or desirable for the health and welfare of the inhabitants of or visitors to any spaceport; and take any and all temporary or permanent eliminative measures that the board may deem advisable. The Legislature hereby finds and declares the authority eligible to receive state funds, supplies, services, and equipment available or that may in the future become available to mosquito or pest control districts, the provisions of s. 388.021, Florida Statutes, notwithstanding.


Subject to the rules and regulations of the appropriate water management district, own, acquire, construct, reconstruct, equip, maintain, operate, extend, and improve water and flood control facilities. The Legislature hereby finds and declares the authority eligible to receive moneys, disbursements, and assistance from the state available to flood control or water management districts and navigation districts or agencies.


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.


Hire, through its executive director, a safety officer with substantial experience in public safety procedures and programs for space vehicle launching and related hazardous operations. The safety officer shall monitor and report on the safety and hazards of ground-based space operations to the executive director.


Establish a personnel management system for hiring employees and setting employee-benefit packages. The personnel of the authority shall not be considered to be within the state employment system.


Establish procedures, rules, and rates governing per diem and traveling expenses of its employees. Such rules shall not be subject to provisions of state law or rules pertaining to per diem and traveling expenses of public officers, employees, or other persons authorized by an agency head to incur such expenses.


Examine, develop, and utilize new concepts, designs, and ideas; own, acquire, construct, reconstruct, equip, operate, maintain, extend, and improve experimental spaceport facilities and services; and otherwise undertake, sponsor, finance, and maintain such research activities, experimentation, and development as the board may from time to time determine, in connection with any of the projects that the authority is authorized to undertake pursuant to the powers and authority vested in it by this act, and in order to promote the development and utilization of new concepts, designs, and ideas in the fields of space exploration, commercialization of the space industry, and spaceport facilities.


Issue revenue bonds, assessment bonds, or any other bonds or obligations authorized by the provisions of this act or any other law, or any combination of the foregoing and pay all or part of the cost of the acquisition, construction, reconstruction, extension repair, improvement, or maintenance of any project or combination of projects, to provide for any facility, service, or other activity of the authority, and provide for the retirement or refunding of any bonds or obligations of the authority, or for any combination of the foregoing purposes. For the first year of operation, bonds issued under the authority contained in this act shall not exceed a total 210 million and must first be approved by a majority of the members of the Governor and Cabinet. The authority must provide 14 days notice to the presiding officers and appropriations chairmen of both houses of the legislature prior to presenting a bond proposal to the Governor and Cabinet. If either presiding officer or appropriations chairman object to the bonding proposal within the 14 day notice period the bond issuance may be approved only by a vote of two thirds of the members of the Governor and Cabinet.

Section 12.12 Furnishing facilities and services within the spaceport territory

The authority shall have the power to construct, develop, create, maintain, and operate its projects within the geographical limits of the spaceport territory, including any portions of the spaceport territory located inside the boundaries of any incorporated municipality or other political subdivision, and to offer, supply, and furnish the facilities and services provided for in this act to, and to establish and collect fees, rentals, and other charges from, persons, public or private, within the geographical limits of the spaceport territory and for the use of the authority itself.

Section 26. Subsections (23) and (24) are added to section 212.02, Florida Statutes, 1988 Supplement, to read:
212.02. Definitions

The following terms and phrases when used in this chapter have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:


"Spaceport activities" means activities directed or sponsored by the Spaceport Florida Authority on spaceport territory pursuant to its powers and responsibilities under the Spaceport Florida Authority Act.


"Space flight" means any flight designed for suborbital, orbital, or interplanetary travel of a space vehicle, satellite, or station of any kind.

1 Tentative assignment as 331.301.

2 Tentative assignment as 331.302.

3 Tentative assignment as 331.303.

4 Tentative assignment as 331.304.

5 Tentative assignment as 331.305.

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