(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.—
(1)
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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.
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(2)
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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.
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(3)
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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.
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Section 3.3 Definitions.—
(1)
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"Authority" means the Spaceport Florida
Authority created by this act.
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(2)
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"Board" or "board of supervisors" means the
governing body of the authority.
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(3)
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"Bonds" means revenue bonds, assessment
bonds, or other bonds or obligations issued by the authority for the purpose
of raising financing for its projects.
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(4)
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"Complementary activity" means any space
business incubator, space tourism activity, educational involvement in an
incubator, or space tourism and space-related research and development.
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(5)
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"Cost" means all costs, fees, charges,
expenses, and amounts associated with the development of projects by the
authority.
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(6)
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"Federal aid" means any property, funding,
or other financial assistance provided by the Federal Government to the
authority for its projects.
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(7)
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"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.
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(8)
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"Launch pad" means any launch pad used by
the spaceport or spaceport user for launching of space vehicles.
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(9)
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"Payload" means any property or cargo to be
transported aboard any vehicle launched by or from the spaceport.
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(10)
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"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.
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(11)
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"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.
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(12)
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"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.
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(13)
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"Recovery" means the recovery of space
vehicles and payloads which have been launched from or by the spaceport.
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(14)
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"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.
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(15)
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"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.
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(16)
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"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.
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(17)
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"Spaceport territory" means the geographical
area designated in section 4 and as amended or changed in accordance with
section 33.
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(18)
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"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.
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Section 4.4 Spaceport territory
The following property shall constitute
spaceport territory:
(1)
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Certain real property located in Brevard
County with the following boundaries:
(a)
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Northern boundary—Latitude 28°32'30" North.
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(b)
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Eastern boundary—The mean high water line of
the shore along the Atlantic Ocean.
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(c)
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Western boundary—Cape Road (State Road 401).
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(d)
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Southern boundary—Latitude 28°26' North.
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(2)
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Certain real property located in Gulf County
with the following boundaries:
(a)
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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.
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(b)
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Eastern boundary—Longitude 85°20' West.
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(c)
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Western boundary—The mean high water line of
the shore along the Gulf of Mexico.
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(d)
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Southern boundary—The mean high water line
of the shore along the Gulf of Mexico.
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Section 5.5 Powers of the
authority.—
(1)
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The authority shall have the power to:
(a)
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Exercise all powers granted to corporations
under the Florida General Corporation Act, chapter 607, Florida Statutes.
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(b)
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Sue and be sued by its name in any court of
law or in equity.
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(c)
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Adopt and use a corporate seal and alter the
same at pleasure.
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(d)
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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:
1.
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The authority and the commercial space
industry.
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2.
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Products, services description—potential,
technologies, skills.
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3.
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Market research and evaluation—customers,
competition, economics.
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4.
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Marketing plan and strategy.
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5.
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Design and development plan—tasks,
difficulties, costs.
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6.
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Manufacturing locations, facilities, and
operations plan.
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7.
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Management organization—roles and
responsibilities.
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8.
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Overall schedule (monthly).
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9.
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Important risks, assumptions, and problems.
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10.
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Community impact—economic, human
development, community development.
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11.
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Financial plan (monthly for first year;
quarterly for next 3 years).
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12.
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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.
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(e)
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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.
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(f)
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Make and execute any and all contracts and
other instruments necessary or convenient to the exercise of its powers.
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(g)
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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.
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(h)
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Appoint, through its board of supervisors,
an executive director.
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(i)
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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.
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(j)
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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.
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(k)
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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.
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(l)
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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.
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(m)
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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.
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(n)
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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.
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(o)
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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.
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(p)
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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.
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(q)
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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.
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(r)
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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.
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(s)
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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.
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(t)
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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.
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(u)
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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.
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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:
(23)
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"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.
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(24)
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"Space flight" means any flight designed for
suborbital, orbital, or interplanetary travel of a space vehicle, satellite,
or station of any kind.
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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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