Florida Senate - 2021                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 2010
       
       
       
       
       
       
                                Ì116096;Î116096                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             04/21/2021 01:14 PM       .                                
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       Senator Diaz moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 286.101, Florida Statutes, is created to
    6  read:
    7         286.101Foreign gifts and contracts.—
    8         (1)As used in this section, the term:
    9         (a)“Contract” means any agreement for the direct benefit
   10  or use of any party to such agreement, including an agreement
   11  for the sale of commodities or services.
   12         (b)“Foreign country of concern” means the People’s
   13  Republic of China, the Russian Federation, the Islamic Republic
   14  of Iran, the Democratic People’s Republic of Korea, the Republic
   15  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
   16  Arab Republic, including any agency of or any other entity under
   17  significant control of such foreign country of concern.
   18         (c)“Foreign government” means the government of any
   19  country, nation, or group of nations, or any province or other
   20  political subdivision of any country or nation, other than the
   21  government of the United States or the government of a state or
   22  political subdivision, including any agent of such foreign
   23  government.
   24         (d)“Foreign source” means any of the following:
   25         1.A foreign government or an agency of a foreign
   26  government.
   27         2.A legal entity, governmental or otherwise, created
   28  solely under the laws of a foreign state or states.
   29         3.An individual who is not a citizen or a national of the
   30  United States or a territory or protectorate of the United
   31  States.
   32         4.An agent, including a subsidiary or an affiliate of a
   33  foreign legal entity, acting on behalf of a foreign source.
   34         (e)“Gift” means any transfer of money or property from one
   35  entity to another without compensation.
   36         (f)“Grant” means a transfer of money for a specified
   37  purpose, including a conditional gift.
   38         (g)“Interest” in an entity means any direct or indirect
   39  investment in or loan to the entity valued at 5 percent or more
   40  of the entity’s net worth or any form of direct or indirect
   41  control exerting similar or greater influence on the governance
   42  of the entity.
   43         (h)“State agency” means any agency or unit of state
   44  government created or established by law.
   45         (2)Any state agency or political subdivision that receives
   46  directly or indirectly any gift or grant with a value of $50,000
   47  or more from any foreign source shall disclose such gift or
   48  grant to the Department of Financial Services within 30 days
   49  after receiving such gift or grant. Such disclosure shall
   50  include the date of the gift or grant, the amount of the gift or
   51  grant, and the name and country of residence or domicile of the
   52  foreign source. Disclosure is not required if such gift or grant
   53  is disclosed under s. 1010.25.
   54         (3)(a)Any entity that applies to a state agency or
   55  political subdivision for a grant or proposes a contract having
   56  a value of $100,000 or more shall disclose to the state agency
   57  or political subdivision any current or prior interest of, any
   58  contract with, or any grant or gift received from a foreign
   59  country of concern if such interest, contract, or grant or gift
   60  has a value of $50,000 or more and such interest existed at any
   61  time or such contract or grant or gift was received or in force
   62  at any time during the previous 5 years. Such disclosure shall
   63  include the name and mailing address of the disclosing entity,
   64  the amount of the contract or grant or gift or the value of the
   65  interest disclosed, the applicable foreign country of concern
   66  and, if applicable, the date of termination of the contract or
   67  interest, the date of receipt of the grant or gift, and the name
   68  of the agent or controlled entity that is the source or interest
   69  holder. Within 1 year before applying for any grant or proposing
   70  any contract, such entity must provide a copy of such disclosure
   71  to the Department of Financial Services.
   72         (b)Disclosure under this subsection is not required with
   73  respect to:
   74         1.A proposal to sell commodities through the online
   75  procurement program established pursuant to s. 287.057(22);
   76         2.A proposal to sell commodities to a university pursuant
   77  to Board of Governors Regulation 18.001;
   78         3.An application or proposal from an entity that discloses
   79  foreign gifts or grants under subsection (2) or s. 1010.25;
   80         4.An application or proposal from a foreign source that,
   81  if granted or accepted, would be disclosed under subsection (2)
   82  or s. 1010.25; or
   83         5.An application or proposal from a public or not-for
   84  profit research institution with respect to research funded by
   85  any federal agency.
   86         (c)A disclosure published online pursuant to subsection
   87  (5) is deemed disclosed to every state agency and political
   88  subdivision for purposes of paragraph (a). From the time a
   89  disclosure is made under paragraph (a) through the term of any
   90  awarded state grant or contract, the entity must revise its
   91  disclosure within 30 days after entering into a contract with or
   92  receiving a grant or gift from a foreign country of concern or
   93  within 30 days after the acquisition of any interest in the
   94  entity by a foreign country of concern.
   95         (4)At least once every 5 years, the Department of
   96  Management Services shall screen each vendor of commodities
   97  participating in the online procurement system if such vendor
   98  has the capacity to fill an order of $100,000 or more. Screening
   99  must be conducted through federal agencies responsible for
  100  identifying persons and organizations subject to trade
  101  sanctions, embargoes, or other restrictions under federal law.
  102  If a vendor is identified as being subject to any such
  103  sanctions, embargoes, or other restrictions, the vendor must
  104  make the disclosures required under subsection (3) until such
  105  restriction expires. A notification regarding the applicability
  106  of the disclosure requirement in subsection (3) to the vendor
  107  must be included on the online procurement system when
  108  applicable. The Department of Management Services must ensure
  109  that purchasers through the online procurement system may easily
  110  access all disclosures made by vendors participating in the
  111  system.
  112         (5)The Department of Financial Services must establish and
  113  maintain an Internet website to publish the disclosures required
  114  under this section. The Department of Financial Services may
  115  establish an online system for making such disclosures. The
  116  Department of Management Services may coordinate with the
  117  Department of Financial Services to establish the online system.
  118         (6)(a)Upon receiving a referral from an inspector general
  119  or other compliance officer of a state agency or political
  120  subdivision or any sworn complaint based upon substantive
  121  information and reasonable belief, the Department of Financial
  122  Services must investigate an allegation of a violation of this
  123  section.
  124         (b)The Department of Financial Services, an inspector
  125  general, or any other agent or compliance officer authorized by
  126  a state agency or political subdivision may request records
  127  relevant to any reasonable suspicion of a violation of this
  128  section. An entity must provide the required records within 30
  129  days after such request or at a later time agreed to by the
  130  investigating state agency or political subdivision.
  131         (7)(a)Failure to make a disclosure required under this
  132  section or failure to provide records requested under paragraph
  133  (6)(b) constitutes a civil violation punishable upon a final
  134  order of the Department of Financial Services by an
  135  administrative fine of $5,000 for a first violation or $10,000
  136  for any subsequent violation.
  137         (b)In addition to any fine assessed under paragraph (a), a
  138  final order determining a third or subsequent violation by a
  139  state agency or political subdivision must include a
  140  determination of the identity of the officer responsible for
  141  acceptance of the undisclosed grant or gift. Such order must
  142  also include a referral by the Department of Financial Services
  143  to the Governor or other officer authorized to suspend or remove
  144  the officer responsible for acceptance of the undisclosed grant
  145  or gift from public office. A copy of such referral must be
  146  provided to the President of the Senate and the Speaker of the
  147  House of Representatives for oversight of such suspension and
  148  removal authority.
  149         (c)In addition to any fine assessed under paragraph (a), a
  150  final order determining a third or subsequent violation by an
  151  entity other than a state agency or political subdivision shall
  152  automatically disqualify the entity from eligibility for any
  153  grant or contract funded by a state agency or any political
  154  subdivision until such ineligibility is lifted by the
  155  Administration Commission for good cause. The Department of
  156  Financial Services shall include and maintain an active and
  157  current list of such ineligible entities on the Internet website
  158  maintained under subsection (5).
  159         (8)Information disclosed under subsections (2) and (3) is
  160  not confidential or exempt from s. 119.07(1) and s. 24(a), Art.
  161  I of the State Constitution.
  162         (9)(a)The Department of Management Services may adopt
  163  rules necessary to carry out its responsibilities under this
  164  section. The rules may identify the federal agencies to be
  165  consulted under subsection (4) and the procedure for notifying a
  166  vendor of the disclosure requirements under this section when
  167  applicable. The Department of Management Services may also adopt
  168  rules providing for the application of this section to the
  169  online procurement system.
  170         (b)The Department of Financial Services may adopt rules
  171  necessary to carry out its responsibilities under this section.
  172         (c)Any rules necessary to implement this section must be
  173  published by December 31, 2021, unless the applicable department
  174  head certifies in writing that a delay is necessary and the date
  175  by which the proposed rules will be published. Such
  176  certification must be published in the Florida Administrative
  177  Register and a copy provided to the Joint Administrative
  178  Procedures Committee.
  179         Section 2. Section 288.860, Florida Statutes, is created to
  180  read:
  181         288.860International cultural agreements.—
  182         (1)As used in this section, the term:
  183         (a)“Foreign country of concern” means the People’s
  184  Republic of China, the Russian Federation, the Islamic Republic
  185  of Iran, the Democratic People’s Republic of Korea, the Republic
  186  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  187  Arab Republic, including any agency of or any other entity under
  188  significant control of such foreign country of concern.
  189         (b)“Political subdivision” has the same meaning as in s.
  190  1.01(8) and includes any entity under the control of or
  191  established for the benefit of the political subdivision.
  192         (c)“Public school” means any education institution under
  193  the supervision of a school district and any entity under the
  194  control of or established for the benefit of a public school or
  195  school district.
  196         (d)“State agency” means any agency or unit of state
  197  government created or established by law and any entity under
  198  the control of or established for the benefit of a state agency.
  199         (e)“State college” means any postsecondary education
  200  institution under the supervision of the State Board of
  201  Education, including any entity under the control of or
  202  established for the benefit of a state college.
  203         (f)“State university” means any state university under the
  204  supervision of the Board of Governors, including any entity
  205  under the control of or established for the benefit of a state
  206  university.
  207         (2)A state agency, political subdivision, public school,
  208  state college, or state university authorized to expend state
  209  appropriated funds or levy ad valorem taxes may not participate
  210  in any agreement with or accept any grant from a foreign country
  211  of concern, or any entity controlled by a foreign country of
  212  concern, which:
  213         (a)Constrains the freedom of contract of such public
  214  entity;
  215         (b)Allows the curriculum or values of a program in the
  216  state to be directed or controlled by the foreign country of
  217  concern; or
  218         (c)Promotes an agenda detrimental to the safety or
  219  security of the United States or its residents. Prior to the
  220  execution of any cultural exchange agreement with a foreign
  221  country of concern, the substance of the agreement shall be
  222  shared with federal agencies concerned with protecting national
  223  security or enforcing trade sanctions, embargoes, or other
  224  restrictions under federal law. If such federal agency provides
  225  information suggesting that such agreement promotes an agenda
  226  detrimental to the safety or security of the United States or
  227  its residents, the public entity may not enter into the
  228  agreement.
  229         (3)A state agency, political subdivision, public school,
  230  state college, or state university may not accept anything of
  231  value conditioned upon participation in a program or other
  232  endeavor to promote the language or culture of a foreign country
  233  of concern.
  234         Section 3. Section 1010.25, Florida Statutes, is created to
  235  read:
  236         1010.25Foreign gift reporting.—
  237         (1)As used in this section, the term:
  238         (a)“Affiliate organization” means any entity under the
  239  control of or established for the benefit of an organization
  240  required to report under this section, including a direct
  241  support organization.
  242         (b)“Contract” means any agreement for the acquisition by
  243  purchase, lease, or barter of property or services by the
  244  foreign source, for the direct benefit or use of either of the
  245  parties, and any purchase, lease, or barter of property or
  246  services from a foreign country of concern as defined in s.
  247  286.101(1)(b).
  248         (c)“Direct-support organization” has the same meaning as
  249  provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a).
  250         (d)“Foreign government” means the government of any
  251  country, nation, or group of nations, or any province or other
  252  political subdivision of any country or nation, other than the
  253  government of the United States or the government of a state or
  254  political subdivision, including any agent of such foreign
  255  government.
  256         (e)“Foreign source” means any of the following:
  257         1.A foreign government or an agency of a foreign
  258  government.
  259         2.A legal entity, governmental or otherwise, created
  260  solely under the laws of a foreign state or states.
  261         3.An individual who is not a citizen or a national of the
  262  United States or a territory or protectorate of the United
  263  States.
  264         4.An agent, including a subsidiary or an affiliate of a
  265  foreign legal entity, acting on behalf of a foreign source.
  266         (f)“Gift” means any contract, gift, grant, endowment,
  267  award, or donation of money or property of any kind, or any
  268  combination thereof, including a conditional or an unconditional
  269  pledge of such contract, gift, grant, endowment, award, or
  270  donation. For purposes of this paragraph, the term “pledge”
  271  means a promise, an agreement, or an expressed intention to give
  272  a gift.
  273         (g)“Institution of higher education” means a state
  274  university, an entity listed in subpart B of part II of chapter
  275  1004 that has its own governing board, a Florida College System
  276  institution, an independent nonprofit college or university that
  277  is located in and chartered by the state and grants
  278  baccalaureate or higher degrees, any other institution that has
  279  a physical presence in the state and is required to report
  280  foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an
  281  affiliate organization of an institution of higher education.
  282         (2)Each institution of higher education must semiannually
  283  report, each January 31 and July 31, any gift received directly
  284  or indirectly from a foreign source with a value of $50,000 or
  285  more during the fiscal year. If a foreign source provides more
  286  than one gift directly or indirectly to an institution of higher
  287  education in a single fiscal year and the total value of those
  288  gifts is $50,000 or more, all gifts received from that foreign
  289  source must be reported. For purposes of this subsection, a gift
  290  received from a foreign source through an intermediary shall be
  291  considered an indirect gift to the institution of higher
  292  education. An institution of higher education may consolidate
  293  its report with that of all its affiliate organizations. A
  294  report required under this subsection must be made to the
  295  following entities:
  296         (a)The Board of Governors, if the recipient is a state
  297  university, an entity listed in subpart B of part II of chapter
  298  1004 that has its own governing board, or an affiliate
  299  organization of such university or entity.
  300         (b)Unless already reported to the Board of Governors
  301  pursuant to paragraph (a), the State Board of Education, if the
  302  recipient is any other institution of higher education or an
  303  affiliate organization of such institution.
  304         (3)For each gift subject to the reporting requirement in
  305  subsection (2), the report of the institution of higher
  306  education must provide all of the following information, unless
  307  otherwise prohibited or deemed confidential under federal law
  308  having no exemption applicable to such reporting:
  309         (a)The amount of the gift and the date it was received.
  310         (b)The contract start and end date if the gift is a
  311  contract.
  312         (c)The name of the foreign source and, if not a foreign
  313  government, the country of citizenship, if known, and the
  314  country of principal residence or domicile of the foreign
  315  source.
  316         (d)1.A copy of a gift agreement between the foreign source
  317  and the institution of higher education, signed by the foreign
  318  source and the chief administrative officer of the institution
  319  of higher education, or their respective designees, which must
  320  include a detailed description of the purpose for which the gift
  321  will be used by the institution of higher education, the
  322  identification of the persons for whom the gift is explicitly
  323  intended to benefit, and any applicable conditions,
  324  requirements, restrictions, or terms made a part of the gift
  325  regarding the control of curricula, faculty, student admissions,
  326  student fees, or contingencies placed upon the institution of
  327  higher education to take a specific public position or to award
  328  an honorary degree. With respect to an agreement containing
  329  information protected from disclosure under s. 1004.22(2), an
  330  abstract and redacted copy providing all required information
  331  that is not so protected may be submitted in lieu of a copy of
  332  the agreement.
  333         2.Beginning July 1, 2022, the Inspector General of the
  334  Board of Governors or the Inspector General of the Department of
  335  Education, as applicable, shall annually, within existing
  336  resources, randomly inspect or audit at least 5 percent of the
  337  total number of gifts disclosed by or gift agreements received
  338  from institutions of higher education pursuant to this paragraph
  339  during the previous year to determine an institution’s
  340  compliance with the requirements of this section with respect to
  341  the gifts and gift agreements reviewed.
  342         3.Upon the request of the Governor, the President of the
  343  Senate, or the Speaker of the House of Representatives, the
  344  Inspector General of the Board of Governors or the Inspector
  345  General of the Department of Education, as applicable, must
  346  inspect or audit a gift or gift agreement.
  347         (4)The State Board of Education or the Board of Governors,
  348  as applicable, shall exercise the authority provided pursuant to
  349  s. 1008.32 or s. 1008.322, respectively, to sanction an
  350  institution of higher education that fails to report a
  351  reportable gift within 60 days after the reporting deadlines
  352  established in subsection (2).
  353         (5)(a)An institution of higher education that knowingly,
  354  willfully, or negligently fails to disclose the information
  355  required by this section shall be subject to a civil penalty of
  356  105 percent of the amount of the undisclosed gift, payable only
  357  from nonstate funds of the institution of higher education or
  358  the affiliate organization that received such gift. The
  359  recovered funds must be deposited into the General Revenue Fund.
  360  The Board of Governors and the State Board of Education, as
  361  applicable, may administratively enforce this section and impose
  362  the civil penalty as an administrative penalty.
  363         (b)In the absence of enforcement by the Board of Governors
  364  or the State Board of Education, as applicable, the Attorney
  365  General or the Chief Financial Officer may bring a civil action
  366  to enforce this section. If such action is successful, the
  367  Attorney General or the Chief Financial Officer, as applicable,
  368  is entitled to reasonable attorney fees and costs.
  369         (c)A whistle-blower who reports an undisclosed foreign
  370  gift to the appropriate inspector general may also report such
  371  undisclosed foreign gift to the Attorney General or the Chief
  372  Financial Officer and retain whistle-blower protection under s.
  373  112.3188. Such whistle-blower shall be entitled to receive a
  374  reward in the amount of 25 percent of any penalty recovered by
  375  the Board of Governors, the State Board of Education, the
  376  Attorney General, or the Chief Financial Officer under this
  377  section. The Chief Financial Officer is authorized to incur
  378  expenditures to provide such reward from the penalty recovery.
  379  The reward may be paid through an intermediary attorney or
  380  trustee designated by the whistle-blower.
  381         (6)Information reported under subsection (3) is not
  382  confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of
  383  the State Constitution, except as provided in s. 1004.22(2) or
  384  unless protected by any statute as a trade secret as defined in
  385  s. 688.002 or s. 812.081(1)(c).
  386         (7)The Board of Governors may adopt regulations, and the
  387  State Board of Education may adopt rules, to implement this
  388  section.
  389         Section 4. Section 1010.35, Florida Statutes, is created to
  390  read:
  391         1010.35Screening foreign researchers.—
  392         (1)Each state university or entity listed in subpart A or
  393  subpart B of part II of chapter 1004 that receives state
  394  appropriations or state tax revenue and has a research budget of
  395  $10 million or more must screen applicants seeking employment in
  396  research or research-related support positions, graduate and
  397  undergraduate students applying for research or research-related
  398  support positions, and applicants for positions of visiting
  399  researcher who are citizens of a foreign country and who are not
  400  permanent residents of the United States, or who are citizens or
  401  permanent residents of the United States who have any
  402  affiliation with an institution or program, or at least 1 year
  403  of prior employment or training, excepting employment or
  404  training by an agency of the United States government, in a
  405  foreign country of concern as defined in s. 286.101. Such
  406  screening is required prior to interviewing such applicant or
  407  offering to such applicant a position of employment or of
  408  visiting researcher. At the discretion of the university or
  409  entity, other applicants for such positions may be screened.
  410         (2)In addition to satisfying all employment and enrollment
  411  qualifications imposed by federal law, the Board of Governors or
  412  the governing board of the applicable entity must require the
  413  following of applicants included in subsection (1):
  414         (a)A foreign applicant must submit a complete copy of the
  415  applicant’s passport and most recently submitted Online
  416  Nonimmigrant Visa Application, DS-160. After extraction of all
  417  information relevant to the requirements of this section, a
  418  university or entity may destroy or return the copy of the DS
  419  160 submitted by an applicant.
  420         (b)All applicants described in subsection (1) must submit
  421  a complete resume and curriculum vitae, including every
  422  institution of higher education attended; all previous
  423  employment since the applicant’s 18th birthday; a list of all
  424  published material for which the applicant received credit as an
  425  author, a researcher, or otherwise or to which the applicant
  426  contributed significant research, writing, or editorial support;
  427  a list of the applicant’s current and pending research funding
  428  from any source, including funder, amount, applicant’s role on
  429  the project, and brief description of the research; and a full
  430  disclosure of nonuniversity professional activities, including
  431  any affiliation with an institution or program in a foreign
  432  country of concern. For applicants who have been continually
  433  employed or enrolled in a postsecondary education institution in
  434  the United States for 20 years or more, the resume may, but need
  435  not, include employment history before the most recent 20 years.
  436         (3)The president or chief administrative officer of the
  437  state university or applicable entity shall designate a research
  438  integrity office to review all materials required in subsection
  439  (2) and take reasonable steps to verify all attendance,
  440  employment, publications, and contributions listed in the
  441  application required in subsection (2) prior to any interview of
  442  or offer of a position to the applicant. Reasonable steps
  443  include searching public databases for research publications and
  444  presentations and public conflict of interest records to
  445  identify any research publication or presentation that may have
  446  been omitted from the application, contacting all employers of
  447  the most recent 10 years to verify employment, contacting all
  448  institutions of higher education attended to verify enrollment
  449  and educational progress, searching public listings of persons
  450  subject to sanctions or restrictions under federal law,
  451  submitting the applicant’s name and other identifying
  452  information to the Federal Bureau of Investigation or any
  453  federal agency reasonably willing to scrutinize such applicant
  454  for national security or counterespionage purposes, and any
  455  other steps deemed appropriate to the office. The state
  456  university or applicable entity may also direct the office to
  457  approve applicants for hire based on a risk-based determination
  458  considering the nature of the research and the background and
  459  ongoing affiliations of the applicant.
  460         (4)The requirements of this section must be completed
  461  before interviewing or offering any position to an individual
  462  described in subsection (1) in any research or research-related
  463  support position and before granting such individual any access
  464  to research data or activities or other sensitive data. An
  465  applicant who must be screened under this section may not be
  466  employed in any research or research-related support position if
  467  he or she fails to disclose a substantial educational,
  468  employment, or research-related activity or publication or
  469  presentation at the time of submitting the application required
  470  in subsection (2), unless the department head, or a designee,
  471  certifies in writing the substance of the nondisclosure and the
  472  reasons for disregarding such failure to disclose. A copy of
  473  such certification must be kept in the investigative file of the
  474  research integrity office and must be submitted to the nearest
  475  Federal Bureau of Investigation field office.
  476         (5)The research integrity office must report to the
  477  nearest Federal Bureau of Investigation field office, and to any
  478  law enforcement agency designated by the Governor or the Board
  479  of Governors and the governing board of the applicable entity
  480  described in subsection (1), the identity of any applicant who
  481  was rejected for employment based on the scrutiny required by
  482  this section or other risk-based screening.
  483         (6)By July 1, 2025, the Inspector General of the Board of
  484  Governors, the inspector general of an entity described in
  485  subsection (1), or the Auditor General must perform an
  486  operational audit regarding the implementation of this section.
  487         Section 5. Section 1010.36, Florida Statutes, is created to
  488  read:
  489         1010.36Foreign travel; research institutions.—
  490         (1)By January 1, 2022, each state university or entity
  491  listed in subpart A or subpart B of part II of chapter 1004 that
  492  receives state appropriations or state tax revenue and has a
  493  research budget of $10 million or more must establish an
  494  international travel approval and monitoring program. The
  495  program must require preapproval and screening by a research
  496  integrity office designated by the president or chief
  497  administrative officer of the state university or entity for any
  498  employment-related foreign travel and employment-related foreign
  499  activities engaged in by all faculty, researchers, and research
  500  department staff. Such requirement is in addition to any other
  501  travel approval process applicable to the state university or
  502  entity.
  503         (2)(a)Preapproval by the research integrity office must be
  504  based on the applicant’s review and acknowledgement of guidance
  505  published by the employing state university or entity which
  506  relates to countries under sanctions or other restrictions of
  507  the state or the United States government, including any federal
  508  license requirement; customs rules; export controls;
  509  restrictions on taking state university or entity property,
  510  including intellectual property, abroad; restrictions on
  511  presentations, teaching, and interactions with foreign
  512  colleagues; and other subjects important to the research and
  513  academic integrity of the state university or entity.
  514         (b)Preapproval must be based on the binding commitment of
  515  the individual traveler not to violate the state university’s or
  516  entity’s limitations on travel and activities abroad and to obey
  517  all applicable federal laws.
  518         (3)The state university or entity must maintain records of
  519  all foreign travel requests and approvals; expenses reimbursed
  520  by the university or entity during such travel, including for
  521  travel, food, and lodging; and payments and honoraria received
  522  during such travel and activities, including for travel, food,
  523  and lodging. The state university or entity must also keep
  524  records of the purpose of the travel and any records related to
  525  the foreign activity review. Such records must be retained for
  526  at least 3 years or any longer period of time required by any
  527  other applicable state or federal law.
  528         (4)The state university or entity must provide an annual
  529  report of foreign travel to countries of concern listing
  530  individual travelers, foreign locations visited, and foreign
  531  institutions visited to the Board of Governors or the governing
  532  board of the applicable entity.
  533         (5)By July 1, 2025, the Inspector General of the Board of
  534  Governors, the inspector general of an entity described in
  535  subsection (1), or the Auditor General must perform an
  536  operational audit regarding the implementation of this section.
  537         Section 6. This act shall take effect July 1, 2021.
  538  
  539  ================= T I T L E  A M E N D M E N T ================
  540  And the title is amended as follows:
  541         Delete everything before the enacting clause
  542  and insert:
  543                        A bill to be entitled                      
  544         An act relating to foreign influence; creating s.
  545         286.101, F.S.; providing definitions; requiring any
  546         state agency or political subdivision to disclose
  547         certain gifts or grants received from any foreign
  548         source to the Department of Financial Services within
  549         a specified timeframe; providing an exception;
  550         requiring any entity that applies for a certain grant
  551         or proposes a certain contract to disclose to a state
  552         agency or political subdivision any current or prior
  553         interest of, contract with, or grant or gift received
  554         from a foreign country of concern under certain
  555         circumstances; specifying information to be included
  556         in the disclosure; requiring such entity to provide a
  557         copy of such disclosure to the department within a
  558         specified timeframe before applying for any grant or
  559         proposing any contract; requiring such entity to
  560         revise its disclosure within a specified timeframe
  561         under certain circumstances; providing exceptions to
  562         disclosure requirements; requiring the Department of
  563         Management Services to periodically screen certain
  564         vendors; requiring certain notification on the online
  565         procurement system; requiring the Department of
  566         Financial Services to establish and maintain an
  567         Internet website to publish the disclosures;
  568         authorizing the department to establish an online
  569         system for making such disclosures; authorizing the
  570         Department of Management Services to coordinate with
  571         the Department of Financial Services to establish such
  572         online system; requiring the Department of Financial
  573         Services to investigate allegations of certain
  574         violations under certain circumstances; authorizing
  575         the department or specified persons to request certain
  576         records; providing for the assessment of fines and
  577         penalties under certain circumstances; requiring the
  578         department to include and maintain a list of
  579         ineligible entities on a certain Internet website;
  580         providing that certain information relating to a gift
  581         or grant from a foreign source is not confidential or
  582         exempt from public records requirements; authorizing
  583         rulemaking; creating s. 288.860, F.S.; providing
  584         definitions; prohibiting certain agencies and entities
  585         from participating in agreements with or accepting
  586         grants received from foreign countries of concern
  587         under certain circumstances; prohibiting such agencies
  588         and entities from accepting anything of value as a
  589         condition for participation in certain programs or
  590         endeavors that promote the language or culture of
  591         foreign countries of concern; creating s. 1010.25,
  592         F.S.; providing definitions; requiring institutions of
  593         higher education to semiannually report to certain
  594         entities regarding certain gifts they received
  595         directly or indirectly from a foreign source;
  596         authorizing the report to be consolidated with
  597         affiliate organizations; requiring such institutions
  598         to provide certain information regarding such gifts;
  599         requiring random annual inspections or audits of gifts
  600         or gift agreements by certain inspectors general;
  601         providing requirements for such inspections or audits;
  602         requiring the Board of Governors or State Board of
  603         Education, as applicable, to sanction institutions
  604         that fail to report certain gifts within a specified
  605         timeframe; providing for a civil penalty for willful
  606         violations; requiring that the proceeds from such
  607         penalty be deposited in a specified fund; authorizing
  608         the Attorney General or the Chief Financial Officer to
  609         bring a civil action under certain circumstances;
  610         providing for attorney fees and costs; authorizing a
  611         whistle-blower to report an undisclosed foreign gift
  612         to the Attorney General or the Chief Financial
  613         Officer; providing that such whistle-blower retains
  614         certain protections and is entitled to a reward;
  615         authorizing the Chief Financial Officer to incur
  616         expenditures to provide such reward from the penalty
  617         recovery; authorizing payment of such reward through
  618         an intermediary attorney or trustee designated by the
  619         whistle-blower; providing that certain information
  620         relating to a gift from a foreign source is not
  621         confidential or exempt from public records
  622         requirements; providing exceptions; authorizing the
  623         Board of Governors and State Board of Education to
  624         adopt regulations and rules, respectively; creating s.
  625         1010.35, F.S.; requiring certain state universities
  626         and other entities to screen certain foreign
  627         applicants seeking employment in specified research
  628         positions; requiring such applicants to provide
  629         additional specified information as part of the
  630         application process; requiring screening to be
  631         completed before an interview or offer of employment;
  632         requiring the president or chief administrative
  633         officer of the state university or entity to designate
  634         a research integrity office to verify certain
  635         information contained in such applications, search
  636         certain public databases, and submit certain
  637         information to specified federal agencies; specifying
  638         the conditions under which a state university may
  639         approve a hire based on a risk-based determination;
  640         prohibiting the employment of an applicant who fails
  641         to make certain disclosures; providing an exception;
  642         requiring certain records to be maintained by the
  643         research integrity office; requiring such office to
  644         report the identity of any applicant who was rejected
  645         for employment to certain law enforcement agencies;
  646         requiring certain inspectors general or the Auditor
  647         General to perform an operational audit by a specified
  648         date; creating s. 1010.36, F.S.; requiring certain
  649         state universities and other entities to establish an
  650         international travel approval and monitoring program;
  651         providing requirements for such program; providing
  652         requirements for preapproval and screening for
  653         employment-related foreign travel and employment
  654         related foreign activities engaged in by faculty,
  655         researchers, and research department staff; requiring
  656         state universities and entities to maintain certain
  657         records relating to foreign travel and activities for
  658         at least 3 years; requiring a state university or
  659         entity to provide a certain annual report to the Board
  660         of Governors or the governing board of the applicable
  661         entity; requiring certain inspectors general or the
  662         Auditor General to perform an operational audit by a
  663         specified date; providing an effective date.