Bill Text: FL S0936 | 2021 | Regular Session | Comm Sub

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Bill Title: Recovery of Spaceflight Assets

Spectrum:

Status: (Introduced - Dead) 2021-04-22 - Laid on Table, companion bill(s) passed, see CS/CS/HB 221 (Ch. 2021-197) [S0936 Detail]

Download: Florida-2021-S0936-Comm_Sub.html

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       Florida Senate - 2021                              CS for SB 936
       
       
        
       By the Committee on Military and Veterans Affairs, Space, and
       Domestic Security; and Senators Wright and Farmer
       
       
       
       
       583-02311-21                                           2021936c1
    1                        A bill to be entitled                      
    2         An act relating to recovery of spaceflight assets;
    3         creating s. 331.502, F.S.; defining terms; providing
    4         that a spaceflight entity retains ownership of a
    5         spaceflight asset after launch or upon reentry;
    6         requiring a person who finds an item reasonably
    7         identifiable as a spaceflight asset to report the
    8         description and location of the asset to law
    9         enforcement; requiring a law enforcement agency to
   10         make reasonable efforts to identify and notify the
   11         owner of a spaceflight asset; authorizing the owner of
   12         a spaceflight asset to enter private property under
   13         specified circumstances; prohibiting a person from
   14         appropriating a spaceflight asset to his or her own
   15         use or refusing to surrender a spaceflight asset to
   16         law enforcement or the owner; providing criminal
   17         penalties; amending s. 331.501, F.S.; updating
   18         references to federal provisions; providing an
   19         effective date.
   20          
   21  Be It Enacted by the Legislature of the State of Florida:
   22  
   23         Section 1. Section 331.502, Florida Statutes, is created to
   24  read:
   25         331.502 Recovery of spaceflight assets.—
   26         (1) As used in this section, the term:
   27         (a) “Launch” has the same meaning as provided in 51 U.S.C.
   28  50902.
   29         (b) “Law enforcement agency” has the same meaning as
   30  provided in s. 908.102.
   31         (c) “Law enforcement officer” has the same meaning as
   32  provided in s. 943.10.
   33         (d) “Reentry” has the same meaning as provided in 51 U.S.C.
   34  50902.
   35         (e) “Spaceflight activities” and “spaceflight entity” have
   36  the same meanings as provided in s. 331.501(1).
   37         (f) “Spaceflight asset” means any item, or any part of an
   38  item, owned by a spaceflight entity which is used in spaceflight
   39  activities, including crewed and uncrewed capsules, launch
   40  vehicles, parachutes and other landing aids, and any ancillary
   41  equipment that was attached to the launch vehicle during launch,
   42  orbit, or reentry.
   43         (2) A spaceflight entity retains ownership over a
   44  spaceflight asset following a launch or reentry, regardless of
   45  the physical condition or location of a spaceflight asset,
   46  unless or until such time the spaceflight entity expressly
   47  indicates its intent to abandon the asset.
   48         (3)(a) A person who locates any item reasonably
   49  identifiable as a spaceflight asset must report the description
   50  and location of the spaceflight asset to a law enforcement
   51  agency having jurisdiction over the location.
   52         (b) A law enforcement agency that receives a report under
   53  this subsection must make a reasonable effort to identify the
   54  owner of the spaceflight asset and promptly notify the owner of
   55  any information relevant to the recovery of the spaceflight
   56  asset.
   57         (4) The owner of a spaceflight asset may enter private
   58  property to recover a spaceflight asset if a law enforcement
   59  officer authorizes such entry after determining that exigent
   60  circumstances exist. Exigent circumstances may include, but are
   61  not limited to, a determination that a failure to timely recover
   62  the spaceflight asset may result in an immediate danger to
   63  public safety or damage to, or destruction of, the spaceflight
   64  asset.
   65         (5) A person may not knowingly appropriate an item
   66  reasonably identifiable as a spaceflight asset to his or her own
   67  use, or to the use of any other person not entitled to the
   68  spaceflight asset, or refuse to surrender a spaceflight asset to
   69  a law enforcement officer or the owner upon demand. A person who
   70  violates this subsection commits misappropriation of a
   71  spaceflight asset, a misdemeanor of the first degree, punishable
   72  as provided in s. 775.082 or s. 775.083. A court shall order any
   73  person convicted of violating this subsection to pay restitution
   74  to the owner of the spaceflight asset if, as a result of the
   75  misappropriation of a spaceflight asset, the asset is damaged or
   76  cannot be recovered.
   77         Section 2. Paragraphs (a) and (b) of subsection (1) of
   78  section 331.501, Florida Statutes, are amended to read:
   79         331.501 Spaceflight; informed consent.—
   80         (1) For purposes of this section, the term:
   81         (a) “Participant” means any spaceflight participant as that
   82  term is defined in 51 U.S.C. s. 50902 49 U.S.C. s. 70102.
   83         (b) “Spaceflight activities” means launch services or
   84  reentry services as those terms are defined in 51 U.S.C. s.
   85  50902 49 U.S.C. s. 70102.
   86         Section 3. This act shall take effect July 1, 2021.