Florida Senate - 2010         (Corrected Copy)    CS for SB 2520
       
       
       
       By the Committee on Governmental Oversight and Accountability;
       and Senators Aronberg, Deutch, Lynn, Justice, Sobel, and Crist
       
       
       
       585-04286-10                                          20102520c1
    1                        A bill to be entitled                      
    2         An act relating to restrictions on business entities
    3         doing business with Iran; providing definitions;
    4         prohibiting the state from entering into, awarding, or
    5         renewing a contract or purchasing agreement for
    6         commodities or contractual services with, or receiving
    7         or soliciting proposals for the acquisition of
    8         commodities or contractual services from, any business
    9         entity doing business with Iran; providing an
   10         exception for the State Board of Administration;
   11         providing for the cessation of such prohibition under
   12         specified circumstances; directing the Department of
   13         State, in conjunction with the Department of
   14         Management Services, the Department of Business and
   15         Professional Regulation, the Department of Legal
   16         Affairs, and the State Board of Administration, to
   17         develop a mechanism for the identification of business
   18         entities doing business with the nation of Iran and
   19         for the enforcement of the act; providing an effective
   20         date.
   21  
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Restrictions on business entities doing business
   25  with Iran.—
   26         (1) DEFINITIONS.—For purposes of this section:
   27         (a) “Business entity” means:
   28         1. Any proprietorship, firm, enterprise, franchise,
   29  organization, association, corporation, partnership, joint
   30  venture, limited partnership, limited liability partnership,
   31  limited liability company, trust, or other entity or business
   32  association, including all wholly owned subsidiaries, majority
   33  owned subsidiaries, parent companies, or affiliates of such
   34  entities or business associations; or
   35         2. Any self-employed individual,
   36  
   37  whether fictitiously named or not, doing business in this state,
   38  which exists for the purpose of making a profit.
   39         (b) “Doing business with Iran” means:
   40         1. Engaging in commerce in any form with Iran, including,
   41  but not limited to, acquiring, developing, maintaining, owning,
   42  selling, possessing, leasing, or operating equipment,
   43  facilities, personnel, products, services, personal property,
   44  real property, or any other apparatus of business or commerce.
   45         2. Engaging in or in any way benefiting from dealings with,
   46  or activities related to or involving, the nation of Iran.
   47         (c) “Iran” means the Islamic Republic of Iran and includes
   48  the government of Iran, its instrumentalities, and companies
   49  owned or controlled by the government of Iran.
   50         (2) PROHIBITED CONTRACTS.—The state may not enter into,
   51  award, or renew a contract or purchasing agreement for
   52  commodities or contractual services with, or receive or solicit
   53  proposals for the acquisition of commodities or contractual
   54  services from, any business entity doing business directly with
   55  Iran. However, in order to administer investment portfolios as
   56  provided in ss. 215.47 and 121.4501, the State Board of
   57  Administration may enter into contracts and other agreements as
   58  necessary to carry out the board’s investment duties.
   59         (3) CESSATION OF PROHIBITION.—The prohibition under
   60  subsection (2) is removed if the Congress or the President of
   61  the United States affirmatively and unambiguously declares, by
   62  means including, but not limited to, legislation, executive
   63  order, or written certification from the President to Congress,
   64  that the prohibition of contracts, awards, and agreements
   65  provided in subsection (2) interferes with the conduct of United
   66  States foreign policy.
   67         (4) IDENTIFICATION OF BUSINESS ENTITIES; ENFORCEMENT.—The
   68  Department of State, in conjunction with the Department of
   69  Management Services, the Department of Business and Professional
   70  Regulation, the Department of Legal Affairs, and the State Board
   71  of Administration, shall develop a mechanism for the
   72  identification of business entities doing business with the
   73  nation of Iran and for the enforcement of this section.
   74         Section 2. This act shall take effect October 1, 2010.