The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SB 7048
INTRODUCER: Rules Committee and Military and Veterans Affairs, Space, and Domestic Security
Committee
SUBJECT: Space Florida
DATE: April 20, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
Proctor Proctor MS Submitted as Committee Bill
1. Proctor Twogood RC Fav/CS
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 7048 revises provisions governing Space Florida to increase collaboration regarding
spaceport activities, enhance transparency measures regarding spaceport projects, and make
several revisions to the Space Florida Board. In part, the bill:
Creates an independent Space Florida Board separate from the Enterprise Florida, Inc., (EFI)
Board, establishes membership and appointment criteria and term lengths, prohibits
compensation, provides per diem and travel limits, allows electronic meetings, and provides
quorum requirements.
Requires Space Florida to:
o Include additional economic data in the Space Florida annual report.
o Explain certain travel and entertainment expenditures and address recent audit findings.
o Assess contracts for services that exceed $250,000 or are for a period of 12 months or
longer, by including provisions requiring an auditor report of their effectiveness.
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 the DEO’s annual report to include Space Florida
information.
Requires the Space Florida Board to conduct new member training through the DEO.
The bill does not appear to have a significant fiscal impact on state or local government.
BILL: CS/SB 7048 Page 2
The effective date of the bill is July 1, 2023.
II. Present 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 state3, and receives state funding through contract with the DEO.4
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.5 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.6
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.7
Powers of Space Florida
In furtherance of its duties, Space Florida is given certain powers, including, but not limited to:8
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.
1
Chapter 2006-60, Laws of Fla.
2
See ss. 331.301 through 331.371, F.S.
3
Section 331.302, F.S.
4
The Department of Economic Opportunity, Space Florida Contract SB23-008, available at
https://facts.fldfs.com/Search/ContractDetail.aspx?AgencyId=400000&ContractId=S0201 (last visited Apr. 3, 2023).
5
Section 331.3011, F.S.
6
Section 331.305, F.S.
7
Space Florida, Space Florida Annual Report 2022, available at https://www.spaceflorida.gov/wp-
content/uploads/2023/01/Space-Florida-FY22-Annual-Operating-Report.pdf (last visited Mar. 29, 2023).
8
Section 331.305, F.S.
BILL: CS/SB 7048 Page 3
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.9
Specifically, Space Florida is required to:
Enter into agreements with the Department of Education (DOE), the Department of
Transportation (DOT), EFI, and CareerSource Florida, Inc.10
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.11
Develop, in cooperation with EFI, a plan to provide financing assistance to aerospace
businesses.12
Carry out its responsibilities for spaceport operations by:13
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.14
9
Section 331.3051, F.S.
10
Section 331.3051(2), F.S.
11
Section 331.3051(3), F.S.
12
Section 331.3051(6), F.S.
13
Section 331.3051(7), F.S.
14
Section 331.3051(11), F.S.
BILL: CS/SB 7048 Page 4
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.15
Transportation and Public Utilities Facilities
Space Florida is authorized to:16
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 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;17 and
Develop and operate 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 member18 independent board of directors (Space Florida
Board). The Governor, or the Governor’s designee, is a voting member and serves as the chair.19
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.20
The duties of the Space Florida Board include:21
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.
15
Section 331.310(2)(e), F.S.
16
Sections 331.305(12) and (13), F.S.
17
This must be done consistent with ch. 88-130, Laws of Fla.
18
Section 331.3081, F.S.
19
Id.
20
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. Section 288.901(5)(a)8., F.S.
21
Section 331.310(2), F.S.
BILL: CS/SB 7048 Page 5
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:22
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.
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.
22
Section 331.310(1), F.S.
BILL: CS/SB 7048 Page 6
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,23 Space Florida is required
to adopt rules for travel and entertainment expenses that:24
Make expenditures by advancement or reimbursement, or a combination thereof, to Space
Florida officers and employees;
Reimburse business clients, guests, and authorized persons;25 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.26
The travel and entertainment rules are subject to approval by the Chief Financial Officer (CFO)
before adoption, and are prescribed as follows:27
Must require the submission of paid receipts, or other proof prescribed by the CFO, with any
claim for reimbursement.
Must require, as a condition for any advancement, an agreement to submit paid receipts or
other proof and to refund any unused portion of the advancement within 15 days after the
expense is incurred or, if the advancement is made in connection with travel, within 15 days
after completion of the travel.
With respect to an advancement made solely for travel expenses, the rules may allow paid
receipts or other proof to be submitted, and any unused portion of the advancement to be
refunded, within 30 days after completion of the travel.
An annual report must be made to the Legislature not later than November 30 of each year for
the previous fiscal year that concisely summarizes all travel, entertainment, and incide