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 Appropriations
BILL: CS/SB 936
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senator
Wright and others
SUBJECT: Recovery of Spaceflight Assets
DATE: April 16, 2021 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Stallard Caldwell MS Fav/CS
2. Cellon Jones CJ Favorable
3. Hrdlicka Sadberry AP Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SB 936 creates s. 331.502, F.S., which provides that a spaceflight entity retains ownership
over a spaceflight asset until the entity expressly abandons ownership of the asset. Spaceflight
assets include any item or part of an item that is used in spaceflight activities, including launch
and reentry.
The bill prohibits a person from appropriating a spaceflight asset that he or she finds to his or her
use. Instead, the person must report the asset’s location to law enforcement. Then, the law
enforcement agency must make a reasonable effort to identify the asset’s owner and promptly
notify the owner of any information relevant to recovering the asset.
If a law enforcement officer determines that exigent circumstances require that a spaceflight
asset’s owner enter private property to recover the asset, the officer may authorize the entry.
Exigent circumstances include a situation in which failure to enter the property could result in
immediate danger to public safety or destruction of the asset.
The bill provides that a person who finds a spaceflight asset and knowingly uses it or refuses to
surrender it commits a first degree misdemeanor, punishable by imprisonment for up to 1 year
and a fine not exceeding $1,000. Moreover, the person must pay restitution to the owner.
The bill also amends s. 331.501, F.S., to update cross-references to federal law.
BILL: CS/SB 936 Page 2
The bill may result in a positive fiscal impact on the private sector and a negative fiscal impact
for the government sector. See Section V. Fiscal Impact Statement.
The bill takes effect July 1, 2021.
II. Present Situation:
Spaceflight Assets in Florida
Florida has the second-highest number of aviation and aerospace establishments of any state. It is
home to over 17,144 aerospace-related companies and more than 130,000 aerospace-related
employees.1 According to the Space Coast Office of Tourism, 31 launches took off from Cape
Canaveral in 2020, and one U.S. Space Force official estimates there could be as many as 53
launches in 2021.2
Asset Recovery
In the past, officials have faced setbacks when attempting to recover spaceflight assets. Debris
fell across eastern Texas and western Louisiana when the Space Shuttle Columbia tragically
broke apart while re-entering the Earth’s atmosphere in 2003.3 Within hours of the Columbia
disaster, debris from the shuttle was listed for sale on eBay. Similarly, members of the public
attempted to sell debris from the Challenger after it exploded off the coast of Cape Canaveral.4
As a result of the high number of space operations launching from and returning to the state,
spaceflight assets often return to the land within or water surrounding the state. Private
spaceflight entities place an emphasis on reusability, turning to technological advances to aid in
rocket and spacecraft recovery.5 One company, for example, has tested mid-air recovery of a
first-stage rocket, part of the company’s plan to reuse the rocket.6
Lost or Abandoned Property
On Public Property
Chapter 705, F.S., relating to lost or abandoned property, provides specific procedures for
reporting, disposing of, and ascertaining ownership of lost or abandoned property. The
1
Space Florida, Why Florida + Facts and Figures, available at https://www.spaceflorida.gov/ (last visited March 11, 2021).
2
Steven Walker, The sky’s the limit: Space Coast expects another strong year of launches in 2021, Orlando Sentinel
(January 20, 2021), available at http://www.orlandosentinel.com/space/os-bz-space-coast-launches-future-20210120-
dhet5rilz5fnvoajklcwftbm2m-story.html (last visited March 11, 2021).
3
Federal Bureau of Investigation, Recovering the Space Shuttle Columbia, (February 1, 2018) available at
https://www.fbi.gov/news/stories/15th-anniversary-of-space-shuttle-columbia-disaster (last visited March 11, 2021).
4
Lee Dembart, Columbia memorabilia up for bids on auction site, International Herald Tribune (February 3, 2003), available
at https://www.nytimes.com/2003/02/03/news/columbia-memorabilia-up-for-bids-on-auction-site.html (last visited
March 11, 2021).
5
Irene Klotz, Extra portion of SpaceX rocket recovered from launch, Musk says, Reuters, Aerospace and Defense
(March 31, 2017), available at https://www.reuters.com/article/us-space-spacex-recovery/extra-portion-of-spacex-rocket-
recovered-from-launch-musk-says-idUSKBN1722LD (last visited March 11, 2021).
6
Jeff Foust, Rocket Lab tests Electron stage recovery, SPACENEWS (April 8, 2020), available at
https://spacenews.com/rocket-lab-tests-electron-stage-recovery/ (last visited March 11, 2021).
BILL: CS/SB 936 Page 3
procedures outlined in s. 705.103, F.S., apply only to lost and abandoned property found on
public property and, in some cases, places open to the public.7 Finders of lost or abandoned
property and law enforcement are subject to procedures outlined in ch. 705, F.S., when
attempting to ascertain the property’s rightful owner. If the rightful owner does not come
forward, the finder of the lost or abandoned property may claim the property so long as they
follow the procedures outlined in ch. 705, F.S.
Any person who finds lost or abandoned property on public property has a duty to report the
description and location of the property to a law enforcement officer.8 If the law enforcement
officer taking a report cannot identify or locate the rightful owner of reported lost or abandoned
property, the law enforcement officer must ascertain whether the person reporting the property
wishes to make a claim to the property. If so, that person must pay the law enforcement agency a
reasonable sum of money to cover the agency’s costs for transportation, storage, and publication
of notice. If the rightful owner of the property comes forward, this sum is reimbursed to the
finder of the property by the rightful owner reclaiming the property.9
A law enforcement officer who ascertains that lost or abandoned property is present on public
property has a duty to make a reasonable attempt to ascertain the rightful owner and take such
property into custody if the property is of such a nature that it can easily be removed.10 If lost or
abandoned property is of such a nature that it cannot be easily removed, the law enforcement
officer places a notice on the item, which must comply with the requirements set forth in
s. 705.103, F.S.11 If the owner or any person interested in the lost or abandoned property has not
removed the property within five days of the notice being posted, or shown reasonable cause as
to why they have not done so, law enforcement:
 May retain any or all of the abandoned property for its own use or for use by the state or a
local government, trade such property to another unit of local government or a state agency,
donate the property to a charitable organization, sell the property, or notify the appropriate
removal service.12
 Has a duty to take custody of the lost property, retain custody of such property for 90 days,
and publish notice of the intended disposition of the property during the first 45 days of the
90-day timeline.13
The rightful owner of lost or abandoned property recovered from public property is liable to the
law enforcement agency for costs of transportation and storage of such property and the law
enforcement agency’s cost for publication of notice. If the rightful owner does not pay such costs
within 30 days of making a claim to the property, title to the property vests in the law
enforcement agency.14
7
93-30 Fla. Op. Att’y Gen. (1993).
8
Section 705.102(1), F.S.
9
Section 705.102(2), F.S.
10
Section 705.103(1), F.S.
11
This notice shall be in substantially the same form as the template provided in s. 705.103, F.S., requiring that the property
be removed within 5 days. Section 705.103(2), F.S.
12
Section 705.103(2)(a), F.S.
13
Section 705.103(2)(b), F.S.
14
Section 705.103(7), F.S.
BILL: CS/SB 936 Page 4
On Private Property
Lost or abandoned property found on private property is not covered by s. 705.103, F.S., and is
subject to the principles of the common law of property.15 Under common law, both the rightful
owner and the finder of lost property have a protectable and enforceable interest in the property.
The finder of personal property may protect his or her interest in the property and may defend
the property against all others, other than the true owner of the property.16
Section 78.01, F.S., provides for the right of replevin, whereby “[a]ny person whose personal
property is wrongfully detained by any other person or officer may have a writ of replevin to
recover said personal property and any damages sustained by reason of the wrongful taking or
detention as herein provided.”
Absent any statutory obligation to follow specific procedures to ascertain the rightful owner, a
person who finds personal property on private property has few obligations under the common
law. Further, Florida provides no statutory obligation for local law enforcement to participate in
the removal, transportation, or storage of personal property found on private property, leaving
the decision to engage in such matters up to municipalities and local law enforcement agencies.17
Theft
A person who unlawfully appropriates lost or abandoned property for his or her own use or
refuses to deliver such property when required to do so commits theft.18 A person commits theft
if he or she knowingly obtains or uses, or endeavors to obtain or use, the property of another with
intent to, either temporarily or permanently:
 Deprive the other person of a right to the property or a benefit from the property; or
 Appropriate the property to his or her own use or to the use of any person not entitled to the
use of the property.19
Section 812.014, F.S., defines theft offenses and generally categorizes the offense level based on
the value of the property stolen. Whether a theft is a misdemeanor or a felony may also depend
on the offender’s prior history of theft convictions or the type of property stolen. In terms of
severity, the two main categories of theft are grand theft and petit theft.20
Grand Theft
Grand theft is a felony of the first, second, or third degree, depending on the value of the item
stolen.21 The value range for each felony degree and the corresponding penalties are set forth in
this chart:
15
93-30 Fla. Op. Att’y Gen. (1993).
16
76-101 Fla. Op. Att’y Gen. (1976).
17
93-30 Fla. Op. Att’y Gen. (1993).
18
Section 705.102(4), F.S.
19
Section 812.014(1), F.S.
20
Section 812.014(2) and (3), F.S.
21
Section 812.014(2), F.S. The felony degree of grand theft can also be determined by other circumstances, such as the
nature of the item or the circumstances of the theft.
BILL: CS/SB 936 Page 5
Degrees of Grand Theft
First Degree $100,000 or more22 Imprisonment for up to 30 years
and a fine of up to $10,00023
Second Degree $20,000 or more, but less than Imprisonment for up to15 years
24
$100,000 and a fine of up to $10,00025
26
Third Degree $750 or more, but less than $20,000 Imprisonment for up to 5 years and
a fine of up to $5,00027
In some cases, the penalties may be more severe than those set forth in the above chart, such as
in the case of a “habitual offender.”28
Petit Theft
Petit theft is a misdemeanor of the first29 or second degree,30 depending on the value of the item
stolen or the number of prior offenses.31 A theft of an item valued at $100 or more, but less than
$750, is first degree misdemeanor petit theft.32 A person commits a second degree misdemeanor
petit theft when he or she commits a theft that does not meet the criteria of any of the other
degrees of theft set forth in statute.33
Section 331.501, F.S., Federal Law References
Section 331.501, F.S., provides an exemption from liability for a spaceflight entity34 conducting
launch or reentry services from the death or injury of a spaceflight participant35 resulting from
the risks inherent with space travel. Subsequent to the creation of s. 331.501, F.S., in 2008, the
federal law which the statute references was amended to exclude a “government astronaut” from
the definition of “space flight participant,” and moved from 49 U.S.C. s. 70102 to 51 U.S.C.
s. 50902.36
22
Section 812.014(2)(a), F.S.
23
Sections 775.082(3)(b) and 775.083(1)(b), F.S.
24
Section 812.014(2)(b), F.S.
25
Sections 775.082(3)(d) and 775.083(1)(b), F.S.
26
Section 812.014(2)(c), F.S.
27
Section 775.082(3)(e) and 775.083(1)(c), F.S.
28
See s. 775.084, F.S.
29
A first degree misdemeanor is punishable by imprisonment for up to 1 year and a fine of up to $1,000. Sections
775.082(4)(a) and 775.083(1)(d), F.S.
30
A second degree misdemeanor is punishable by imprisonment for up to 60 days and a fine of up to $500. Sections
775.082(4)(b) and 775.083(1)(e), F.S.
31
See s. 812.014(2)(e) and (3)(a), F.S.
32
Section 812.014(2)(e), F.S.
33
Section 812.014(3)(a), F.S.
34
“Spaceflight entity” means any public or private entity holding a U.S. Federal Aviation Administration (FAA) launch,
reentry, operator, or launch site license for spaceflight activities. The term also includes any manufacturer or supplier of
components, services, or vehicles that have been reviewed by the FAA as part of issuing such a license, permit, or
authorization. Section 331.501(1)(c), F.S.
35
“Spaceflight participant” means an individual who is not crew or a government astronaut carried within a launch vehicle or
reentry vehicle. 51 U.S.C. 50902(20).
36
FAA Reauthorization Act of 2018, Pub. L. No. 115-254 (October 5, 2018); 51 U.S.C. 50902(20).
BILL: CS/SB 936 Page 6
III. Effect of Proposed Changes:
The bill creates s. 331.502, F.S., which contains definitions, policies, and procedures related to
spaceflight assets. The bill defines a spaceflight asset as “any item, or any part of an item, owned
by a spaceflight entity which is used in spaceflight activities, including crewed and uncrewed
spacecraft, satellites, launch vehicles, parachutes and other landing aids, and any ancillary
equipment that was attached to the launch vehicle during launch, orbit, reentry, or recovery.”
The bill provides that a spaceflight entity retains ownership over a spaceflight asset until the
entity expressly abandons ownership of the asset.
Under the bill, any person who finds an item reasonably identifiable as a spaceflight asset is
required to report the description and location of the asset to a law enforcement agency with
jurisdiction over that location, regardless of whether the asset is found on public or private
property. The bill requires any law enforcement agency that receives a report of a spaceflight
asset to make a reasonable effort to identify the owner of the asset and promptly notify the owner
of any information relevant to the recovery of the asset.
The bill provides that a law enforcement officer may authorize the owner of a spaceflight asset to
enter private property to recover the asset when