SB 936 — Recovery of Spaceflight Assets

Florida Senate - 2021 CS for SB 936 By Senatorthe WrightCommittee 14-00869A-21on 2021936__Military Aand billVeterans toAffairs, beSpace, entitledand AnDomestic actSecurity; relating to recovery of space vehicles;

and Senators Wright and Farmer 583-02311-21 2021936c1 A bill to be entitled An act relating to recovery of spaceflight assets;

providingdefining definitions;terms;

requiringproviding athat person who finds a spacespaceflight vehicleentity toretains reportownership itsof descriptiona andspaceflight locationasset toafter alaunch lawor enforcementupon officer;reentry;

prohibitingrequiring such a person fromwho appropriatingfinds thean spaceitem vehiclereasonably toidentifiable hisas ora herspaceflight ownasset use or refusing to deliverreport the spacedescription vehicleand tolocation lawof enforcement or the spaceflightasset entityto thatlaw ownsenforcement; the vehicle;

requiring a law enforcement agency to make reasonable efforts to identify and notify the owner of a spaceflight asset;

authorizing the owner of a spaceflight asset to enter private property under specified circumstances;

prohibiting a person from appropriating a spaceflight asset to his or her own use or refusing to surrender a spaceflight asset to law enforcement or the owner;

providing powers and duties of a law enforcement officer who ascertains that a person has wrongfully appropriated or withheld a space vehicle or that a space vehicle is present on public property;

providing penalties for a person who opposes, obstructs, or resists a law enforcement officer under certain circumstances;

providing immunity from prosecution for a law enforcement officer and a person authorized by a law enforcement officer for certain actions;

requiring the spaceflight entity that owns a recovered space vehicle to reimburse a law enforcement agency for certain costs;

2521 Be It Enacted by the Legislature of the State of Florida:

2723 Section 1. Section 331.502, Florida Statutes, is created to read:

331.502 Recovery of spacespaceflight vehicles.—assets.— (1) As used in this section, the term:

(a) “Spaceflight(a) “Launch” activities”has and “spaceflight entity” have the same meaningsmeaning as provided in s.51 U.S.C.

50902.

(b) “Law enforcement agency” has the same meaning as provided in s.

908.102.

(c) “Law enforcement officer” has the same meaning as provided in s.

943.10.

(d) “Reentry” has the same meaning as provided in 51 U.S.C.

50902.

(e) “Spaceflight activities” and “spaceflight entity” have the same meanings as provided in s.

(b) “Space(f) “Spaceflight vehicle”asset” means any item, or any part of an item, owned by a spaceflight entity which is used in spaceflight activities, including crewed and uncrewed capsules, launch vehicles, parachutes and other landing aids, and any ancillary equipment that was attached to the launch vehicle during launch, orbit, or reentry.

(2) A personspaceflight whoentity findsretains ownership over a spacespaceflight vehicleasset mustfollowing reporta thelaunch descriptionor andreentry, locationregardless of the spacephysical vehiclecondition toor location of a lawspaceflight enforcementasset, officerunless asor defineduntil insuch s.time the spaceflight entity expressly indicates its intent to abandon the asset.

943.10(1).(3)(a) A person who locates any item reasonably identifiable as a spaceflight asset must report the description and location of the spaceflight asset to a law enforcement agency having jurisdiction over the location.

(3) A(b) A personlaw whoenforcement findsagency athat spacereceives vehiclea mayreport notunder appropriatethis thesubsection spacemust vehiclemake toa hisreasonable oreffort herto ownidentify usethe orowner refuseof tothe deliverspaceflight theasset spaceand vehicle,promptly whennotify required,the toowner lawof enforcementany orinformation relevant to the spaceflightrecovery entityof that owns the spacespaceflight vehicle.asset.

A(4) The personowner whoof violatesa thisspaceflight subsectionasset commitsmay theftenter asprivate definedproperty into s.recover a spaceflight asset if a law enforcement officer authorizes such entry after determining that exigent circumstances exist.

812.014,Exigent punishablecircumstances asmay providedinclude, but are not limited to, a determination that a failure to timely recover the spaceflight asset may result in s.an immediate danger to public safety or damage to, or destruction of, the spaceflight asset.

775.082,(5) A s.person may not knowingly appropriate an item reasonably identifiable as a spaceflight asset to his or her own use, or to the use of any other person not entitled to the spaceflight asset, or refuse to surrender a spaceflight asset to a law enforcement officer or the owner upon demand.

775.083,A orperson who violates this subsection commits misappropriation of a spaceflight asset, a misdemeanor of the first degree, punishable as provided in s.

775.084.

(4) A law enforcement officer who ascertains that a person has wrongfully appropriated or withheld a space vehicle under this section may demand that the person surrender the space vehicle to the law enforcement officer.

The law enforcement officer shall keep the space vehicle in custody until it can be transferred to the spaceflight entity that owns the space vehicle.

The law enforcement officer must make a reasonable attempt to ascertain and notify the rightful owner.

(5) A law enforcement officer who ascertains that a space vehicle is present on public property may take the space vehicle into custody.

The law enforcement officer shall keep the space vehicle in custody until it can be transferred to the spaceflight entity that owns the space vehicle.

The law enforcement officer must make a reasonable attempt to ascertain and notify the rightful owner.

(6) A person who opposes, obstructs, or resists a law enforcement officer or a person authorized by the law enforcement officer in the discharge of his or her duties as provided in this section commits a misdemeanor of the second degree, punishable as provided in s.