HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #:     CS/HB 7041      PCB RRS 23-01 Space Florida
SPONSOR(S): Commerce Committee, Regulatory Reform & Economic Development Subcommittee, Sirois
TIED BILLS:       IDEN./SIM. BILLS:
    REFERENCE                                                   ACTION                  ANALYST            STAFF DIRECTOR or
                                                                                                           BUDGET/POLICY CHIEF
    Orig. Comm.: Regulatory Reform & Economic                   14 Y, 0 N               Thompson           Anstead
       Development Subcommittee
    1) Commerce Committee                                       17 Y, 0 N, As CS        Thompson           Hamon
                                              SUMMARY ANALYSIS
Established by the Legislature in 2006, Space Florida was created to promote and foster the growth and
development of a sustainable and world-leading aerospace industry in this state. Space Florida is an
independent special district and subject to the provisions of the Uniform Special District Accountability Act,
which governs such issues as operations, financial reporting, taxation, assessments, elections, compliance
with general law, and comprehensive planning. Space Florida officials and employees are subject to public
notice and ethics requirements for officials and employees with few exceptions.
Space Florida is governed by a 13 member independent board of directors (Board), consisting of the 12 private
sector members of the Enterprise Florida, Inc. (EFI), board of directors, who are appointed by the Governor,
President of the Senate, and Speaker of the House of Representatives, plus the Governor or Governor’s
designee, who is a voting member and serves as the chair.
The bill revises provisions governing Space Florida to increase collaboration with public and private
stakeholders regarding spaceport activities, enhance transparency measures regarding spaceport projects,
and makes several revisions to the Board. In part, the bill:
     Separates the Board from the EFI board, establishes membership and appointment criteria, term
        lengths, prohibits compensation, provides per diem and travel limits, allows electronic meetings, and
        provides quorum requirements.
     Requires Space Florida to:
            o 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.
            o Include additional economic data in the Space Florida annual report to the Governor and
                Legislature.
            o Explain certain travel and entertainment expenditures and address recent audit findings.
            o Assess and report on contracts with service organizations.
     Includes Space Florida among the list of economic development programs scheduled to be reviewed
        and analyzed by the Office of Economic and Demographic Research (EDR) and the Office of Program
        Policy Analysis and Government Accountability (OPPAGA).
     Adds Space Florida as an entity that the Department of Economic Opportunity (DEO) has contract
        authority over and requires DEO’s annual repot to include Space Florida information.
     Requires the Board to conduct new member training using DEO’s board member training program.
The bill does not appear to have a significant fiscal impact on state or local government.
The effective date of the bill is July 1, 2023.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h7041a.COM
DATE: 4/12/2023
                                                     FULL ANALYSIS
                                              I. SUBSTANTIVE ANALYSIS
    A. EFFECT OF PROPOSED CHANGES:
        Current Situation
        Space Florida
        In 2006, the Legislature passed the Space Florida Act, 1 which consolidated Florida’s three existing
        space entities, the Florida Space Authority, the Florida Space Research Institute, and the Florida
        Aerospace Finance Corporation, into a single entity called Space Florida.2 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.3
        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. 4 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. 5
        According to Space Florida’s 2022 Annual Operations Report, as of July 1, 2022, Space Florida had 85
        total projects in development with an estimated value of $2.4 billion in capital investment, and provided
        $4.3 million in funding for 30 research projects, partnerships, and grants.6
        Powers of Space Florida
        In furtherance of its duties, Space Florida is given certain powers, including, but not limited to:7
              Using a corporate seal;
              Using patents, copyrights and trademarks;
              Lending and investing money;
              Acquiring certain properties;
              Executing contracts;
              Issuing revenue bonds;
              Making expenditures for entertainment and travel expenses and business clients, guests, and
                other authorized persons; and
              Fixing and collecting fees, loan payments, rental payments, and other charges in connection
                with financing agreements.
        Duties of Space Florida
        In order to implement the Space Florida Act and carry out spaceport operations, Space Florida is given
        certain duties, including, but not limited to, creating a business plan, entering into agreements and
        cooperating with other state agencies, and consulting with appropriate federal agencies.8
        Specifically, Space Florida is required to:
1 Ch. 2006-60, Laws of Fla.
2 See ss. 331.301 through 331.371, F.S.
3 S. 331.302, F.S.
4 S. 331.3011, F.S.
5 S. 331.305, F.S.
6 Space Florida, Space Florida Annual Report 2022, https://www.spaceflorida.gov/wp-content/uploads/2023/01/Space-Florida-FY22-
Annual-Operating-Report.pdf (last visited Feb. 27, 2023).
7 S. 331.305, F.S.
8 S. 331.3051, F.S.
STORAGE NAME: h7041a.COM                                                                                                PAGE: 2
DATE: 4/12/2023
                 Enter into agreements with the Department of Education (DOE), the Department of
                  Transportation (DOT), Enterprise Florida, Inc. (EFI), and CareerSource Florida, Inc. (CSF).9
                 In cooperation with EFI, develop a plan to retain, expand, attract, and create aerospace industry
                  entities, public or private, which results in the creation of high-value-added businesses and jobs
                  in this state.10
                 Develop, in cooperation with EFI, a plan to provide financing assistance to aerospace
                  businesses.11
                 Carry out its responsibilities for spaceport operations by: 12
                       o Seeking federal support and developing partnerships to renew and upgrade the
                           infrastructure and technologies at the Cape Canaveral Air Force Station, the John F.
                           Kennedy Space Center, and the Eastern Range.
                       o Supporting federal efforts to clarify roles and responsibilities of federal agencies in an
                           effort to streamline access for commercial launch users.
                       o Pursuing the development of commercial spaceports in the state in partnership with
                           counties or municipalities, the Federal Government, or private entities.
                       o Promoting and facilitating launch activity within the state by supporting and assisting
                           commercial launch operators’ interactions with federal agencies for launching from
                           Florida.
                       o Consulting, as necessary, with the appropriate federal, state, and local authorities,
                           including the National Aeronautics and Space Administration (NASA), Federal Aviation
                           Administration (FAA), Department of Defense (DOD), DOT, Florida National Guard, and
                           industry on establishing and operating spaceport infrastructure and facilities in the state.
         Annual Reports
         Space Florida is required to provide an annual report to the Governor, the President of the Senate, and
         the Speaker of the House of Representatives on its performance with respect to its business plan,
         financing, spaceport operations, research and development, workforce development, and education.
         Space Florida is required to submit the report by November 30 for the previous fiscal year. The annual
         report must include operations information from its annual report of operations.13
         Annual Report of Operations
         The Space Florida board of directors is required to prepare an annual report of operations as a
         supplement to the annual report. The report must include, but not be limited to, a balance sheet, an
         income statement, a statement of changes in financial position, a reconciliation of changes in equity
         accounts, a summary of significant accounting principles, the auditor’s report, a summary of the status
         of existing and proposed bonding projects, comments from management about the year’s business,
         and prospects for the next year.14
         Transportation and Public Utilities Facilities
         Space Florida is authorized to:15
             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;
             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
9 S. 331.3051(2), F.S.
10 S. 331.3051(3), F.S.
11 S. 331.3051(6), F.S.
12 S. 331.3051(7), F.S.
13 S. 331.3051(11), F.S.
14 S. 331.310(2)(e), F.S.
15 S. 331.305(12) and (13), F.S.
STORAGE NAME: h7041a.COM                                                                                        PAGE: 3
DATE: 4/12/2023
                 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; 16 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.
        Space Florida Board of Directors
        Space Florida is governed by a 13 member17 independent board of directors (Space Florida Board).
        The Governor, or the Governor’s designee, is a voting member and serves as the chair. 18 The 12
        appointed private sector members of the EFI board of directors also serve, by default, on the Space
        Florida Board and are appointed to four-year terms.19
        The duties of the Space Florida Board include:20
            Adopting rules and orders to conduct the business of Space Florida, the maintenance of
               records, and the form of all documents and records of Space Florida.
            Maintaining an executive office and Space Florida offices in close proximity to the John F.
               Kennedy Space Center.
            Appointing a president of Space Florida, and determining his or her title, functions, duties,
               powers, and salary.
            Abiding by all applicable federal labor laws in the construction and day-to-day operations of
               Space Florida and any spaceport.
            Preparing the annual report of operations as a supplement to its annual report, which is also
               required by law.
        The Space Florida Board is authorized to exercise the following powers: 21
            Enter, and authorize any agent or employee of Space Florida to enter, upon any lands, waters,
              and premises, upon giving reasonable notice and due process to the land owner, for the
              purposes of making surveys, soundings, drillings, appraisals, and examinations necessary to
              perform its duties and functions.
            Execute all contracts and other documents, adopt all proceedings, and perform all acts
              determined by the Space Florida Board to be necessary or desirable to carry out the purposes
              given it in statute.
            Establish and create such departments, committees, or other entities as from time to time the
              Space Florida Board deems necessary or desirable in the performance of any acts or other
              things necessary to the exercise of the powers provided in statute.
            Provide financial services to support aerospace-related business development within the state.
              Financial services may include, but are not limited to:
                  o Insuring, coinsuring, or originating for sale direct aerospace-related loans.
                  o Direct lending.
                  o Guaranteeing and collateralizing loans.
                  o Creating accounts.
                  o Capitalizing, underwriting, leasing, selling, or securing funding for aerospace-related
                      infrastructure.
                  o Investing in permissible securities.
                  o Organizing financial institutions and international bank syndicates.
16 This must be done consistent with ch. 88-130, Laws of Fla.
17 Six members are appointed by the Governor, three members are appointed by the President of the Senate, and three members are
appointed by the Speaker of the House of Representatives. S. 288.901(5)(a)7., F.S.
18 S. 331.3081, F.S.
19 S. 288.901(5)(a)8., F.S.
20 S. 331.310(2), F.S.
21 S. 331.310(1), F.S.
STORAGE NAME: h7041a.COM                                                                                                  PAGE: 4
DATE: 4/12/2023
                      o     Acquiring, accepting, or administering grants, contracts, and fees from other
                            organizations to perform activities that are consistent with the purposes of Space
                            Florida’s business plan. If the Space Florida Board deems a financial services entity is
                            necessary, the Space Florida Board may create, form, or contract with one or more such
                            entities.
                 Examine, and authorize any officer or agent of Space Florida to examine, the county tax rolls
                  with respect to the assessed valuation of the real and personal property within any spaceport
                  territory.
                 Engage in the planning and implementation of space-related economic and educational
                  development within the state.
                 Provide the strategic direction for the aerospace-related research priorities of the state and its
                  aerospace-related businesses.
                 Execute intergovernmental agreements and development agreements consistent with prevailing
                  statutory provisions, including, but not limited to, special benefits or tax increment financing
                  initiatives.
                 Establish reserve funds for future Space Florida Board operations.
                 Adopt rules to carry out the purposes of the Space Florida Act.
         Travel and Entertainment Expenses
         Notwithstanding the provisions for per diem and travel expenses for public officers, employees, and
         authorized persons, and the statewide travel management system,22 Space Florida is required to adopt
         rules for travel and entertainment expenses that:23
              Make expenditures by advancement or reimbursement, or a combination thereof, to Space
                 Florida officers and employees;
              Reimburse business clients, guests, and authorized persons;24 and
              Make direct payments to third-party vendors.
         The travel and entertainment expenses of business clients, guests, and authorized persons must be
         incurred by Space Florida in connection with the performance of its statutory duties. The travel
         expenses of state officials and employees must be incurred while accompanying business clients,
         guests, or authorized persons or when authorized by the Space Florida Board or its designee. The
         entertainment expenses for Space Florida officials and employees must be incurred while in the
         physical presence of such business clients, guests, or authorized persons.25
         The travel and entertainment rules are subject to approval by the Chief Financial Officer (CFO) before
         adoption, and are prescribed as follows:26
             Must require the submission of paid receipts, or other proof prescribed by the CFO, with any
                claim for reimbursement.