Bill Text: FL S2500 | 2010 | Regular Session | Comm Sub


Bill Title: Space and Aerospace Infrastructure [CPSC]

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2010-04-28 - Placed on Special Order Calendar; Read 2nd time -SJ 00984; Substituted CS/CS/HB 1389 -SJ 00984; Laid on Table, companion bill(s) passed, see CS/CS/HB 1389 (Ch. 2010-226), CS/HB 969 (Ch. 2010-222), CS/SB 1752 (Ch. 2010-147) -SJ 00984 [S2500 Detail]

Download: Florida-2010-S2500-Comm_Sub.html
 
Florida Senate - 2010                      CS for CS for SB 2500 
 
By the Committees on Transportation and Economic Development 
Appropriations; and Commerce; and Senator Altman 
606-05211-10                                          20102500c2 
1                        A bill to be entitled 
2         An act relating to space and aerospace infrastructure; 
3         providing a short title; amending s. 288.1088, F.S.; 
4         providing legislative findings; authorizing the use of 
5         a specified amount of resources for projects to retain 
6         or create high-technology jobs directly associated 
7         with developing a more diverse aerospace economy in 
8         the state; authorizing Enterprise Florida, Inc., to 
9         waive eligibility criteria for projects receiving 
10         funds from the Quick Action Closing Fund which would 
11         mitigate the impact of the conclusion of the space 
12         shuttle program; revising authorized uses of specified 
13         Space Florida appropriations; providing an effective 
14         date. 
15 
16  Be It Enacted by the Legislature of the State of Florida: 
17 
18         Section 1. This act may be cited as the “Space Transition 
19  and Revitalization Act.” 
20         Section 2. Section 288.1088, Florida Statutes, is amended 
21  to read: 
22         288.1088 Quick Action Closing Fund.— 
23         (1)(a) The Legislature finds that attracting, retaining, 
24  and providing favorable conditions for the growth of certain 
25  high-impact business facilities, privately developed critical 
26  rural infrastructure, or key facilities in economically 
27  distressed urban or rural communities which provide widespread 
28  economic benefits to the public through high-quality employment 
29  opportunities in such facilities or in related facilities 
30  attracted to the state, through the increased tax base provided 
31  by the high-impact facility and related businesses, through an 
32  enhanced entrepreneurial climate in the state and the resulting 
33  business and employment opportunities, and through the 
34  stimulation and enhancement of the state’s universities and 
35  community colleges. In the global economy, there exists serious 
36  and fierce international competition for these facilities, and 
37  in most instances, when all available resources for economic 
38  development have been used, the state continues to encounter 
39  severe competitive disadvantages in vying for these business 
40  facilities. Florida’s rural areas must provide a competitive 
41  environment for business in the information age. This often 
42  requires an incentive to make it feasible for private investors 
43  to provide infrastructure in those areas. 
44         (b) The Legislature finds that the conclusion of the space 
45  shuttle program and the gap in civil human space flight will 
46  result in significant job losses that will negatively impact 
47  families, companies, the state and regional economies, and the 
48  capability level of this state’s aerospace workforce. Thus, the 
49  Legislature also finds that this loss of jobs is a matter of 
50  state interest and great public importance. The Legislature 
51  further finds that it is in the state’s interest for provisions 
52  to be made in incentive programs for economic development to 
53  maximize the state’s ability to mitigate these impacts and to 
54  develop a more diverse aerospace economy. 
55         (c)(b) The Legislature therefore declares that sufficient 
56  resources shall be available to respond to extraordinary 
57  economic opportunities and to compete effectively for these 
58  high-impact business facilities, critical private infrastructure 
59  in rural areas, and key businesses in economically distressed 
60  urban or rural communities, and that up to 20 percent of these 
61  resources may be used for projects to retain or create high 
62  technology jobs that are directly associated with developing a 
63  more diverse aerospace economy in this state. 
64         (2) There is created within the Office of Tourism, Trade, 
65  and Economic Development the Quick Action Closing Fund. Projects 
66  eligible for receipt of funds from the Quick Action Closing Fund 
67  shall: 
68         (a) Be in an industry as referenced in s. 288.106. 
69         (b) Have a positive payback ratio of at least 5 to 1. 
70         (c) Be an inducement to the project’s location or expansion 
71  in the state. 
72         (d) Pay an average annual wage of at least 125 percent of 
73  the areawide or statewide private sector average wage. 
74         (e) Be supported by the local community in which the 
75  project is to be located. 
76         (3)(a) Enterprise Florida, Inc., shall review applications 
77  pursuant to s. 288.061 and determine the eligibility of each 
78  project consistent with the criteria in subsection (2). 
79  Enterprise Florida, Inc., in consultation with the Office of 
80  Tourism, Trade, and Economic Development, may waive these 
81  criteria: 
82         1. Based on extraordinary circumstances; 
83         2. In order to mitigate the impact of the conclusion of the 
84  space shuttle program; or 
85         3. In rural areas of critical economic concern if the 
86  project would significantly benefit the local or regional 
87  economy. 
88         (b) Enterprise Florida, Inc., shall evaluate individual 
89  proposals for high-impact business facilities and forward 
90  recommendations regarding the use of moneys in the fund for such 
91  facilities to the director of the Office of Tourism, Trade, and 
92  Economic Development. Such evaluation and recommendation must 
93  include, but need not be limited to: 
94         1. A description of the type of facility or infrastructure, 
95  its operations, and the associated product or service associated 
96  with the facility. 
97         2. The number of full-time-equivalent jobs that will be 
98  created by the facility and the total estimated average annual 
99  wages of those jobs or, in the case of privately developed rural 
100  infrastructure, the types of business activities and jobs 
101  stimulated by the investment. 
102         3. The cumulative amount of investment to be dedicated to 
103  the facility within a specified period. 
104         4. A statement of any special impacts the facility is 
105  expected to stimulate in a particular business sector in the 
106  state or regional economy or in the state’s universities and 
107  community colleges. 
108         5. A statement of the role the incentive is expected to 
109  play in the decision of the applicant business to locate or 
110  expand in this state or for the private investor to provide 
111  critical rural infrastructure. 
112         6. A report evaluating the quality and value of the company 
113  submitting a proposal. The report must include: 
114         a. A financial analysis of the company, including an 
115  evaluation of the company’s short-term liquidity ratio as 
116  measured by its assets to liability, the company’s profitability 
117  ratio, and the company’s long-term solvency as measured by its 
118  debt-to-equity ratio; 
119         b. The historical market performance of the company; 
120         c. A review of any independent evaluations of the company; 
121         d. A review of the latest audit of the company’s financial 
122  statement and the related auditor’s management letter; and 
123         e. A review of any other types of audits that are related 
124  to the internal and management controls of the company. 
125         (c)(b) Within 22 calendar days after receiving the 
126  evaluation and recommendation from Enterprise Florida, Inc., the 
127  director shall recommend to the Governor approval or disapproval 
128  of a project for receipt of funds from the Quick Action Closing 
129  Fund. In recommending a project, the director shall include 
130  proposed performance conditions that the project must meet to 
131  obtain incentive funds. The Governor shall provide the 
132  evaluation of projects recommended for approval to the President 
133  of the Senate and the Speaker of the House of Representatives 
134  and consult with the President of the Senate and the Speaker of 
135  the House of Representatives before giving final approval for a 
136  project. The Executive Office of the Governor shall recommend 
137  approval of a project and the release of funds pursuant to the 
138  legislative consultation and review requirements set forth in s. 
139  216.177. The recommendation must include proposed performance 
140  conditions that the project must meet in order to obtain funds. 
141         (d)(c) Upon the approval of the Governor, the director of 
142  the Office of Tourism, Trade, and Economic Development and the 
143  business shall enter into a contract that sets forth the 
144  conditions for payment of moneys from the fund. The contract 
145  must include the total amount of funds awarded; the performance 
146  conditions that must be met to obtain the award, including, but 
147  not limited to, net new employment in the state, average salary, 
148  and total capital investment; demonstrate a baseline of current 
149  service and a measure of enhanced capability; the methodology 
150  for validating performance; the schedule of payments from the 
151  fund; and sanctions for failure to meet performance conditions. 
152  The contract must provide that payment of moneys from the fund 
153  is contingent upon sufficient appropriation of funds by the 
154  Legislature and upon sufficient release of appropriated funds by 
155  the Legislative Budget Commission. 
156         (e)(d) Enterprise Florida, Inc., shall validate contractor 
157  performance. Such validation shall be reported within 6 months 
158  after completion of the contract to the Governor, President of 
159  the Senate, and the Speaker of the House of Representatives. 
160         Section 3. Notwithstanding any other provisions of law, 
161  funds provided in Specific Appropriation 2649 of chapter 2008 
162  152, Laws of Florida, for Space and Aerospace Infrastructure to 
163  make improvements to Launch Complex 36 on the 45th Space Wing 
164  property may also be used by Space Florida for improvements to 
165  other launch complexes and space transportation facilities in 
166  order to attract new space vehicle testing and launch business 
167  to the state; to address intermodal requirements and impacts of 
168  the launch ranges, spaceports, and other space transportation 
169  facilities; to advance aerospace technology to meet the current 
170  and future needs of the United States commercial space 
171  transportation industry; and to assist in the development of 
172  joint-use facilities and technology that support aviation and 
173  aerospace operations, including high-altitude and suborbital 
174  flights and range technology development. 
175         Section 4. This act shall take effect July 1, 2010. 
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